Our terms and conditions
These Terms and Conditions apply to all purchases made by you, the customer, from us, Ponderosa Bird & Pet Centre Ltd.
Ponderosa Bird and Pet Centre Ltd
www.ponderosapetshop.co.uk
Terms and Conditions
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Ponderosa Bird and Pet Centre Ltd’s relationship with you in relation to this website.
The term “Ponderosa Bird and Pet Centre Ltd” or ”Ponderosa Pet Shop” or “us” or “we” refers to the owner of the website whose registered office is Dundry Nurseries, Bamfurlong Lane, Cheltenham, Gloucestershire, GL51 6SL. VAT Number 618412159. The term “you” refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without Ponderosa Bird and Pet Centre Ltd’s prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
1. Product alterations The seller reserves the right to withdraw products or adjust the price and specification of any product for sale on the website at any time.
2. Orders All orders are deemed as accepting of our terms and conditions and are subject to the Seller accepting the order. The Seller may choose not to accept the order for any reason. Our acceptance of an order takes place when we dispatch the items to you. Acceptance of your order may be dependant on stock availability. We will endeavour to contact you by email in the event of products being out of stock with our supplier or there being a delay in delivery to us of more than 10 working days from the day after the order is placed or in any case within the statutory 30 days. In this situation a substitute product or refund will be offered. We will pay the cost of your returning any substitute products not wanted. If an order contains several items, of which only some are in stock we may deliver these items separately with no extra delivery cost to you. We will notify you by email of a partial dispatch.
3. Personal information and security. Please ensure that all information supplied by you, to us, is true, accurate and up to date at all times. It is your responsibility to ensure the confidentiality of your user name and password and you are responsible for all activities on your account. We will take all reasonable care to keep your order secure but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any detail you provide when ordering or using our website. You agree to notify us immediately if you become aware of misuse of your username and password.
4. VAT All prices shown on the website include vat at the appropriate rate unless otherwise stated. A VAT receipt can be supplied if requested.
5. Pricing Prices do not include delivery unless otherwise stated. We make every effort to ensure prices shown are accurate. You accept that errors may occur and that in such circumstances you will be notified of any alterations before we accept the order. We retain the right to refuse an order if there has been a pricing or description error.
6. Payment Payment for goods is due at the time we accept the order. You confirm that the payment method used is yours and that we cannot be held responsible for any charges you may incur from your payment provider as a result of us processing your payment in accordance with your order. If your payment provider refuses to process your payment then your order will not be accepted and we will not be responsible for non delivery of goods.
If you would prefer to place your order and payment over the phone please call 01452 713229 where we will be happy to help. Please have your credit/debit card to hand when you call.
7. Right to cancel/return of NON Faulty goods You can cancel an order by first telephoning us on 01452 713229 and/or confirming by emailing us at info@ponderosa-birds.com. If the items have not yet been dispatched we will simply cancel the order and a full refund will be given. If the order has been dispatched you have the right to cancel the order of non perishable goods within 7 days of delivery and return them to the Seller in good condition and at the Buyers expense. The Seller will refund the price of the returned item provided it has been returned in a good condition and fit for resale. You do not have the right to cancel any order of perishable goods once they have been dispatched. It is the Buyers responsibility to take all reasonable care to ensure all products arrive back in good condition.
8. Safety advice We recommend that you read all safety information and instruction for use on product packaging and leaflets included with products. For electrical items always check power cable and plugs for signs of damage. Always consult a qualified electrician where necessary and never attempt to repair products yourself.
9. Delivery Delivery is to UK Mainland. Certain delivery postcodes e.g. Scottish islands may incur an additional delivery charge. Delivery of the goods will be made to the Buyers address specified on the order. We use Royal Mail and Couriers to deliver our goods, therefore once dispatched, delivery dates and times are outside of our control and as such we can only provide estimated delivery dates. You accept all address details must be given accurately as we cannot accept responsibility for orders delayed or undelivered due to inaccurate information given. The Buyer is responsible for making suitable arrangements to receive the delivery of their order with appropriate and reasonable instructions. The Seller shall not be liable for losses, costs, damages or expenses incurred by the buyer arising from failure to meet estimated delivery date.
10. Return of Faulty Goods You must inspect your goods within 24 hours of delivery. If the goods delivered are faulty or do not match the description on the website at the time of ordering please contact us as soon as possible by email info@ponderosa-birds.com or by telephone 01452 713229. We will refund the full cost of the item or items including the original delivery charge. We will also cover the cost of returning the item to us using a secure traceable service. We will not refund delivery charges on any products returned as faulty but found to be in working order on return. Products returned as faulty but found to have been damaged by misuse will incur additional charges not exceeding the value of the item plus delivery charges.
11. Ownership Title of the goods remains with the Seller until payment is received in full and cleared. Goods supplied are not for resale.
12. Governing Law and Jurisdiction These Terms and Conditions are in accordance with and governed by the laws of England and Wales and submit to the exclusive jurisdiction of the English courts. If any part of these terms and conditions is deemed to be ineffective by an English court or regulator the remaining terms and conditions will continue to apply.
If you access this website from outside the United Kingdom you do so at your own risk and it is your responsibility for compliance with local laws.
13. Complaints Customer service is extremely important to us and we want every customer to be completely satisfied.
If you have any queries, questions or complaints in regard to anything in connection with Ponderosa Bird and Pet Centre Ltd or www.ponderosapetshop.co.uk please email info@ponderosa-birds.com or call us on 01452 713229 where we will do our very best to resolve the matter as quickly and effectively as possible.
14. Warranty If the quality of the goods fails to meet the specifications in accordance with these terms and conditions we reserve the right to replace the goods or faulty part free of charge. At our discretion we may refund the price or a proportion of the price of the faulty goods.
15. Liability Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence.
If we breach these terms we are only liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be reasonably contemplated by you and us at the time of entering into these terms.
We are not responsible for losses not caused by our breach or indirect losses which are a side effect of the main loss or damage. We shall not be liable for losses or failure to provide goods where such failure is beyond our control. Our liability to you in connection with these terms shall not exceed the value of the goods purchased.
These terms and conditions do not affect the Buyer’s statutory rights as a consumer and apply to all contracts for the Sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. Any variation to these Terms and Conditions will only be applicable if agreed in writing by the Seller.
16. Privacy We will not pass on your personal details to any third party without prior consent from you. Your personal information will only be used to
• Process your order.
• To inform you of other products and services we offer which may be of interest to you.
• To analyse and improve the efficient running of the website.
17. General In order to protect ourselves, our staff and our customers we reserve the right to restrict or suspend use of this website if we reasonably suspect our terms and conditions are not being complied with. Any breach of these Terms and Conditions may result in prosecution. If a court finds in our favour you will be responsible for all court and legal costs.
