Terms & Conditions

TERMS AND CONDITIONS

BACKGROUND:

This agreement applies as between you, the User of this Website and E&L Enterprises Ltd (Trading As Pro Pooch), the owner(s) of this Website. Your agreement to comply with and be bound by

these Terms and Conditions is deemed to occur upon your first use of the Website. If you do

not agree to be bound by these Terms and Conditions, you should stop using the Website

immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.

Your order constitutes a contractual offer and Our acceptance of that offer is deemed to

occur upon Our sending a dispatch confirmation email to you indicating that your order has

been fulfilled and is on its way to you.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Carrier” means any third party responsible for transporting

purchased Goods from our Premises to customers;

“Content” means any text, graphics, images, audio, video,

software, data compilations and any other form of

information capable of being stored in a computer that

appears on or forms part of this Website;

“Contract”

“Goods”

Means the contract between Us and you for the supply of

Goods in accordance with these conditions

means any products that E&L Enterprises Ltd

advertises and / or makes available for sale through this

Website;

“Service” means collectively any online facilities, tools, services or

information that E&L Enterprises Ltd makes available

through the Website either now or in the future;

“Premises” Means Our place(s) of business located at Unit 9, The Rubicon Centre, Broad Ground Road, Redditch, B98 8YP

“Serviced Countries” Countries within the European Community and

worldwide excluding: Africa, Australia, Canada

South America, USA, China, Japan and Korea and any

countries that may be added or excluded from time to

time.

“User” / “Users” means any third party that accesses the Website and is

not employed by E&L Enterprises Ltd and acting in

the course of their employment;

“Website” means the website that you are currently using

www.propooch.com and any sub-domains of this

site unless expressly excluded by their own terms and

conditions;

“We/Us/Our” Means E&L Enterprises Ltd, a company registered in

England under 09467344 of 69 Steward ST, Birmingham. Our VAT number is GB 226069022.

  1. Intellectual Property

3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all

Content included on the Website, unless uploaded by Users, including, but not

limited to, text, graphics, logos, icons, images, sound clips, video clips, data

compilations, page layout, underlying code and software is the property of .

E&L Enterprises Ltd, Our affiliates or other relevant third parties. By

continuing to use the Website you acknowledge that such material is protected

by applicable United Kingdom and international intellectual property and other

laws.

3.2 You may not reproduce, copy, distribute, store or in any other fashion re-use

material from the Website unless otherwise indicated on the Website or unless

given Our express written permission to do so.

  1. Third Party Intellectual Property

4.1 Unless otherwise expressly indicated, all Intellectual Property rights including,

but not limited to, Copyright and Trademarks, in product images and

descriptions belong to the manufacturers or distributors of such products as

may be applicable.

4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use

such material unless otherwise indicated on the Website or unless given

express written permission to do so by the relevant manufacturer or supplier.

  1. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where

any of the exceptions detailed in Chapter III of the Copyright Designs and

Patents Act 1988 apply.

  1. Orders and Payment

6.1 By placing an order, you warrant that: (a) you are legally capable of entering

into binding contracts; and (b) you are resident in one of the Serviced

Countries; and (c) if ordering online, you are accessing our site from that

country.

6.2 Time for payment shall be of the essence. No payment shall be deemed to

have been received and the Goods will not be dispatched until We have

received cleared funds.

6.3 You agree that in the event that any cheque, or other negotiable instrument is

dishonoured or returned to Our bank unpaid for any reason, We shall be

entitled to invoice you for all reasonable sums due including costs relating to

bank charges incurred and the cost of any related administrative activities. In

the event that monies owed remain unpaid for the period agreed in the

invoice, We shall be entitled to charge interest at the rate of 3% per annum

above the base lending rate from time to time of Barclays Bank Plc.

6.4 All pricing information on the Website is correct at the time of going online.

We reserve the right to change prices and alter or remove any special offers

from time to time and as necessary.

6.5 The risk in the Goods shall remain with Us until they come into your physical

possession when the risk shall transfer to you.

6.6 No part of this Website constitutes a contractual offer capable of acceptance.

Your order constitutes a contractual offer that We may, at Our sole discretion,

accept. Our acceptance is indicated by Our sending to you an e-mail that

confirms that the Goods have been dispatched (Dispatch Confirmation). Only

once We have sent you the Dispatch Confirmation email will there be a

binding contract between E&L Enterprises Ltd and you. Such acceptance

and creation of a binding contract occurs on Our sending the e mail with the

Dispatch Confirmation whether or not that e mail is opened and read by You

6.7 If We, for any reason, do not accept your orderany sums paid by you in

relation to that order will be refunded within 14 calendar days.

6.8 No variation of these terms shall be binding unless agreed in writing by a

Director of E&L Enterprises Ltd. Our employees or agents are not

authorised to make any representations concerning the Goods. In entering

into a Contract, you acknowledge that you do not rely on any such

representations, but nothing in these terms affects the liability of either party

for fraudulent misrepresentation.

6.9 The Contract will relate only to those Goods whose dispatch we have

confirmed in the Dispatch Confirmation. We will not be obliged to supply any

other Products which may have been part of your order until the dispatch of

such Products has been confirmed in a separate Dispatch Confirmation.

6.10 You must ensure that the terms of your order and any applicable specification

are complete and accurate.

6.11 The Goods will be supplied generally to the specification described. In the

event of alteration to the weight or the packing specification, orders will be

delivered and invoiced accordingly.

6.12 Any quotation for goods does not constitute an offer and is given on the basis

that no contract will come into existence until We despatch a Dispatch

Confirmation to you. Any quotation is valid until the end of the day of trading

on the day of offer unless otherwise stated, provided that We have not

previously withdrawn it.

6.13 We neither represent nor warrant that Goods will be available. Stock

indications are provided on the Website however such indications may not

take into account sales that have taken place during your visit to the Website.

  1. Delivery

7.1 Subject to clause 7.2, all Goods purchased by you will be delivered within 30

working days of Our order confirmation unless otherwise agreed.

7.2 We shall not be liable for delay in delivery due to circumstances beyond Our

reasonable control. In the event of any such delay the date for delivery shall

automatically be extended and We will not be liable for any direct, indirect or

consequential loss (including losses or liabilities under or in relation to any

other contract, costs, damages, charges or expenses caused directly or

indirectly by any delay in the delivery of Goods or failure to deliver the Goods

provided that such delay shall entitle you to rescind or terminate the Contract if

such delay exceeds a further 60 days beyond the original 30 days. For the

purpose of this condition the term “loss” includes a partial loss or reduction in

value as well as complete or total loss.

7.3 If for any reason you will not accept delivery of any of the Goods when they

are ready for delivery, or We are unable to deliver the Goods on time because

you have not provided appropriate instructions, documents, licences or

authorisations:

7.5.1 risk in the Goods will pass to you (including for loss or damage caused

by Our negligence);

7.5.2 the Goods will be deemed to have been delivered; and

7.5.3 We may store the Goods until delivery whereupon you will be liable for

all related costs and expenses (including without limitation storage and

insurance).

7.4 Each delivery of the Goods by Us to you shall be a separate Contract except

when the Contract is specifically for delivery by instalments and you shall not

be entitled to withhold any payment due under one Contract against any claim

under any other Contract and failure to deliver or defect in one or more

instalment shall not entitle you to reject the other instalments.

7.5 If the Goods or any part thereof supplied under the Contract are processed or

altered in any way by you or the receiver of the Goods or any other person,

the quality of the Goods shall be deemed acceptable to you.

7.6 The quantity of any consignment of Goods as recorded by Us upon despatch

from Our place of business shall be conclusive evidence of the quantity

received by you on delivery unless you can provide conclusive evidence

proving the contrary.

7.7 We shall not be liable for any non-delivery of Goods (even if caused by Our

negligence) unless written notice is given to Us within 7 days of the date when

the Goods would in the ordinary course of events have been received.

7.8 Any of Our liability for non-delivery of the Goods shall be limited to replacing

the Goods within a reasonable time or issuing a credit note at the pro rata

contract rate against any invoice raised for such Goods.

7.9 Ownership of the Goods shall not pass to you until We have received in full (in

cash or cleared funds) all sums due to it in respect of the Goods and all other

sums which are or which become due to Us from you.

7.10 Until ownership of the Goods has passed to you in accordance with clause 7.9

you must hold the Goods on a fiduciary basis as Our bailee and keep them in

a proper condition and identified as Our property,.

7.11 We shall be entitled to recover payment for the Goods notwithstanding that

ownership of any of the Goods has not passed from Us to you.

  1. Returns Policy

As a consumer, subject to certain conditions, you have the right to return goods within

30 days of receipt of Our Dispatch Confirmation. Please refer to clause 12.

E&L Enterprises Ltd aims to always provide high quality Goods that are fault free and

undamaged. On occasion however, Goods may need to be returned. Returns are

governed by these Terms and Conditions.

8.1 Subject to clauses 15.1 and 15.2, if any of the Goods contain and alleged

defect or are claimed to be of unsatisfactory quality, We shall at Our option

replace such Goods (or the defective part) upon Our receipt of the returned

Goods or refund the price of such Goods at the pro rata contract rate provided

that, if We so request, you shall, at the your expense, return the Goods or the

part of such Goods which is defective to Us. Once the price has been

refunded or the Goods returned, We shall have no further liability to you in

respect to such Goods.

8.2 Goods returned opened or in an un-saleable condition cannot be refunded.

8.3 Goods must be returned in their original condition with all packaging and

documentation. Refunds will be issued within 10 days and in any event no

later than 30 calendar days after receipt of the returned Goods and will include

standard delivery charges. We regret that additional costs such as express

delivery and gift-wrapping cannot be refunded.

8.4 If you receive Goods which do not match those that you ordered, you must

contact Us within 30 calendar days to notify Us of any alleged defect. Failure

to contact Us and explain the problem with the quality of the Goods will mean

that We cannot be responsible for any return or refund.

8.5 If Goods are damaged in transit and the damage is apparent on delivery, you

should sign any applicable delivery note to the effect that the Goods have

been damaged. To return the damaged Goods, please contact Us within 30

calendar days to arrange collection and return. Replacements will be issued

upon Our receipt of the returned Goods. Refunds will be issued no later than

30 calendar days after receipt of the returned Goods and will include standard

delivery charges. We regret that additional costs such as express delivery

and gift-wrapping cannot be refunded.

  1. Privacy

9.1 The Website places cookies onto your computer or device. By accepting these

terms and conditions, you are giving consent to E&L Enterprises Ltd to

place cookies on your computer or device.

9.2 If you wish to opt-out of our placing cookies onto your computer or device,

please adjust your internet browser settings to restrict cookies as detailed in

your internet browser’s help menu You may also wish to delete cookies which

have already been placed. For instructions on how to do this, please consult

your internet browser’s help menu.

  1. How We Use Your Personal Information (Data Protection)

10.1 All personal information that We may collect (including, but not limited to, your

name and address) will be collected, used and held in accordance with the

provisions of the Data Protection Act 1998 and your rights under that Act.

10.2 We may use your personal information to:

10.2.1 Provide Our Goods and Services to you;

10.2.2 Process your payment for the Goods; and

10.2.3 Inform you of new products and Services available from Us. You may

request that We stop sending you this information at any time.

10.3 In certain circumstances (if, for example, you wish to purchase Goods on

credit), and with your consent, We may pass your personal information on to

credit reference agencies. These agencies are also bound by the Data

Protection Act 1998 and should use and hold your personal information

accordingly.

10.4 We will not pass on your personal information to any other third parties without

first obtaining your express permission.

  1. Web Site

11.1 Our website is only intended for use by people resident in the countries listed

in Serviced Countries. We do not accept orders from individuals outside those

countries. Some restrictions are placed on the extent to which we accept

orders from specific countries. These restrictions can be found on our

Serviced Countries page. Please review our Serviced Countries page before

ordering products from us.

11.2 No part of this Website is intended to constitute advice and the Content of this

Website should not be relied upon when making any decisions or taking any

action of any kind.

11.3 No part of this Website is intended to constitute a contractual offer capable of

acceptance.

11.4 Whilst We use all reasonable endeavours to ensure that the Website is secure

and free of errors, viruses and other malware, you are strongly advised to take

responsibility for your own internet security, that of your personal details and

your computers.

11.5 Any samples, drawings or advertisings we issue and any description of the

goods contained on the Website or in the sellers catalogues or brochures are

issued for the sole purpose of giving an approximate idea of the Goods

described in them. They shall not form part of this Contract nor have any

contractual force.

  1. Cooling off period

12.1 If you are a consumer based within the European Union, you have a statutory

right to a “cooling off” period. This period begins once your order is complete

and ends 14 calendar days after the Goods have been delivered to you. If the

Goods are delivered to you in instalments, the 14 calendar day period begins

on the day that you receive the final instalment. If you change your mind

about the goods within this period, please inform Us within 14 calendar days

of receipt. Goods must be returned to Us within 14 calendar days of the day

on which you inform Us that you wish to return the Goods. You are

responsible for paying return shipment costs if Goods are returned for this

reason. Refunds will be issued within 14 calendar days after you inform Us

that you wish to cancel under this provision and will include standard delivery

charges. We regret that additional costs such as express delivery and giftwrapping

cannot be refunded.

  1. Changes to the Service and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and

Conditions at any time. You will be bound by any changes to the Terms and

Conditions from the first time you use the Website following the changes. If We are

required to make any changes to these Terms and Conditions pertaining to the sale

of Goods by law, these changes will apply automatically to any orders currently

pending in addition to any orders placed by you in the future.

  1. Availability of the Website

14.1 The Website and any Service provided therein is provided “as is” and on an

“as available” basis. We give no warranty that the Website or any Service will

be free of defects and / or faults. To the maximum extent permitted by the law

We provide no warranties (express or implied) of fitness for a particular

purpose, accuracy of information, compatibility and satisfactory quality.

14.2 We accept no liability for any disruption or non-availability of the Website

resulting from external causes including, but not limited to, ISP equipment

failure, host equipment failure, communications network failure, power failure,

natural events, acts of war or legal restrictions and censorship.

  1. Limitation of Liability

15.1 We shall not be liable for a breach of any defect in the Goods or if they are

deemed to be of unsatisfactory quality unless:

  1. a) for defects such as, but not limited to spillages, shortages, or item damage,

which are obvious on delivery without the need for inspection, you give written

notice of the defect to Us, and (if the defect is as a result of damage in transit)

to the Carrier, within 7 working days from delivery; and b) We are given a

reasonable opportunity after receiving the notice of examining such Goods

and you (if asked to do so by Us) returns such Goods to Our place of business

at your cost for the examination to take place there.

15.2 We shall not be liable for a breach of any defect in the Goods or if they are

deemed to be of unsatisfactory quality if:

  1. a) you make any further use of such Goods after delivery; or
  2. b) the defect arises because you failed to follow Our oral or written instructions

as to the storage or use of the Goods; or

  1. c) you alter such Goods without Our written consent.

15.3 In the event of a dispute arising about the quality of the Goods, We will

appoint an independent expert to determine whether the Goods are defective

or of unsatisfactory quality or fit for purpose; such expert’s decision will bind

the parties and the cost of the expert shall be borne by the party against whom

the expert’s decision is made.

15.4 Nothing in these Terms and Conditions excludes or restricts E&L Enterprises Ltd

liability for death or personal injury resulting from any negligence or fraud on

the part of E&L Enterprises Ltd.

15.5 Our total liability in contract, tort (including negligence or breach of statutory

duty), misrepresentation or otherwise, arising in connection with the

performance or non-performance or late performance or contemplated

performance of the Contract shall be limited to the price of the Goods ordered

in the Contract plus 20%

15.6 In the event that any of these terms are found to be unlawful, invalid or

otherwise unenforceable, that term is to be deemed severed from these Terms

and Conditions and shall not affect the validity and enforceability of the

remaining Terms and Conditions. This term shall apply only within

jurisdictions where a particular term is illegal.

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or

remedy contained herein, this shall not be construed as a waiver of that right or

remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior

versions thereof, the provisions of these Terms and Conditions shall prevail unless it

is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.

The agreement created by these Terms and Conditions is between you and

E&L Enterprises Ltd.

  1. Communications

19.1 All notices / communications shall be given to Us either by post to Our

Premises (see address above) or by email to info@propooch.com

Such notice will be deemed received 3 days after posting if sent by first class

post, the day of sending if the email is received in full on a business day and

on the next business day if the email is sent on a weekend or public holiday.

  1. Law and Jurisdiction

These Terms and Conditions and the relationship between you and E&L Enterprises Ltd

shall be governed by and construed in accordance with the Law of England

and Wales and E&L Enterprises Ltd and you agree to submit to the exclusive

jurisdiction of the Courts of England and Wales.