Terms & Conditions
Terms & Conditions of using Ginger&Browns website & services. We are an independent UK pet store offering a monthly dog subscription box, an online store, and a dog-friendly store located in Northwich, near Chester and Frodsham, Cheshire.
Terms & Conditions
By using this website you signify your acceptance of all of our Terms and Conditions. If you do not agree, please exit out website immediately. Ginger&Browns Ltd. Reserves the right to alter any of the terms and conditions from time to time. Please check this page regularly to ensure you are familiar with the current version. The customer may not vary the terms and conditions and any attempt to vary these terms and conditions will not be effective unless it is in writing and signed on behalf of Ginger&Browns Ltd.
- First published March 2016
You, & Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
Goods means the articles that the Buyer agrees to buy from the Seller.
Website, & Site means www.gingerandbrowns.co.uk
We, Us, & Seller means:
Company No: 09884423
Ginger & Browns Ltd
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
Terms and Conditions:
These terms and conditions govern your use of our website and store; by using these, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website, subscription, or store.
Unless otherwise stated, we or our licencors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website, provided that:
- You do not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system
- You do not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent from Ginger&Browns Ltd.
- No trade mark, service mark, corporate name or other trading name of Ginger & Browns Ltd or any of its subsidiary companies may be used by a customer without that customer first obtaining the prior written permission of Ginger & Browns Ltd.
The Buyer's statutory rights as a Consumer is not affected by any of these terms & conditions set out.
These Terms and Conditions shall 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 (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
Limitations of liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website or its services remains available or that the material on this website is kept up-to-date.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
You acknowledge that you are responsible for checking that each product is indeed, safe and correct for your pet, whether buying in store, online, or receiving it through our subscription. You are solely responsible for the health and safety of your pet.
You acknowledge that your use of this site, its contents, products and services is at your own risk.
You acknowledge that any feeding plans we tailor for your pet are intended as a guide only. It is your responsibility to monitor your pet’s weight and condition, and to let us know of any changes that need to be made to your feeding plan. If you have any concerns about your pet’s health, you can contact us, but must also consult your vet.
Except for liability which we cannot limit, restrict or exclude by law, we will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
A person who is not a party to this agreement will acquire no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or take the benefit of any of these terms and conditions.
Access to certain areas of our website can be restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
Our Contact Details:
The full name of our company is: Ginger & Browns Ltd. Workshop 11, Blakemere Village, Chester Road, Sandiway, Northwich, Cheshire, CW8 2EB
Entering into a contract
The images of the range in the online shop are intended as an illustration and do not constitute binding offers for sale. By completing the order process by clicking on the "Order & Pay Now" button the customer makes a binding offer to enter into a purchase contract. The customer thereupon receives an automated confirmation of receipt of order by e-mail (order confirmation). This order confirmation does not constitute acceptance of the offer. The contract with Ginger&Browns Ltd. is only concluded when Ginger&Browns Ltd. sends the ordered product to the customer and the shipping to the customer is confirmed by e-mail (shipping confirmation).
The photographs on the Ginger&Browns Ltd. website are illustrative only, colours may appear differently on a screen to the product in reality, and patterns for fabric can vary as they are a handmade product. The photos have been edited sympathetically to ensure the image represents the product as fairly as we can.
All sizes are approximate. The buyer should be aware, particularly with handmade items, that the true sizes can vary around the stated size. For uniformity, Ginger&Browns has used inches over centimetres, as items like collars and coats are often standardised this way.
All prices include VAT where applicable.
Ginger&Browns Ltd. delivers to the UK only Mainland, excluding the Highlands. The price for delivery is £3.99, or £9.99 depending upon the weight and size of your order. The charge can be seen at check out before the order is complete. Customers will not incur additional shipping costs should a delivery be divided into several consignments for technical or logistical reasons. We do not charge for selecting the click & collect option.
Dispatch & Delivery
Delivery is available in the UK mainland excluding the Highlands.
Ginger&Browns Ltd. will always aim to dispatch an order within 3 working days, rare exceptions may take longer. The quantities displayed as available are a guide only. The stock check is kept as up-to-date as possible, but as it applies to both the online, and physical store, it is possible for a customer to purchase the last item online and in-store simultaneously. Items that become out of stock in this fashion will be re-ordered at the earliest possible opportunity, and dispatched within 24 hours of receipt in store. Due to the nature of the items we sell, such as being handmade, it may take 2-3 weeks for the item to arrive. If the item is to take longer than 7 working days before dispatch, Ginger&Browns Ltd. will contact the buyer to let them know the new estimate, or process a refund.
Click & Collect orders will aim to be processed and ready within 24 hours of order receipt. An email confirming your order is ready to collect will be sent to the email address given at checkout. Simply bring a print out, or show us the confirmation email on your phone upon collection. As with the stock-check disclaimer above, any simultaneous purchase of the last item will result in the buyer being notified at the earliest opportunity, and a new estimate or refund will be given.
Ginger&Browns Ltd. reserves the right to use the delivery company of their choosing, but Ginger&Browns Ltd. will not be held responsible for delays caused by the delivery company, after it has left our premises. Ginger&Browns Ltd reserves the right to request the buyer allows more time to allow for delivery, when this advice is given to Ginger&Browns Ltd. from the delivery company.
In the event that Ginger&Browns Ltd. is unable to deliver the ordered product because Ginger&Browns Ltd. itself is not supplied by its own suppliers, without culpability on the part of Ginger&Browns Ltd, Ginger&Browns Ltd. may withdraw from the contract. In such a case, the buyer will be contacted without delay and propose a comparable product. If a comparable product is not available, or if the customer does not wish to have that product delivered, Ginger&Browns Ltd. shall refund the payments made by the customer.
Items that are damaged when they are delivered, or are missing from a delivery must be reported within 24 hours of receipt, to email@example.com Allowing Ginger&Browns Ltd. to raise a complaint with the carrier. Failure to do so will not affect the customer’s statutory guarantee rights.
The goods shall remain the property of Ginger&Browns Ltd. up until payment in full. Prior to the passing of ownership, pledging, ownership transfer by way of security, processing or redesigning are not permitted without approval by Ginger&Browns Ltd.
Right of withdrawal
Customers who are consumers have a fourteen-day cancellation right. Contact us at firstname.lastname@example.org if you have further questions
- The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires, physical possession of the goods.
- To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by email, within the 14 allocated days.
- Although no reason for withdrawal is required, Ginger&Browns Ltd. can improve their service if you give this feedback.
- If the buyer withdraws from this contract, Ginger&Browns Ltd. will reimburse all payments received from the buyer, without undue delay and not later than 14 days from the day on which we are informed about the buyer’s decision to withdraw from the contract. We will carry out the reimbursement through the same means of payment used in the initial transaction.
- We may withhold reimbursement until we have received the goods back or the buyer has supplied evidence of having sent back the goods, whichever is the earliest.
- Goods must be returned un-damaged, with all original labels and packaging in-tact
- ·You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The buyer shall be contacted via email within 48 hours of notice of withdrawal, with arrangement to have the items returned, at the expense of Ginger&Browns Ltd. The buyer must return the order without undue delay and not later than 14 days from the day of this email.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to goods that are:
- not pre-produced, and an individual selection or determination by the consumer is authoritative for their manufacture or goods that are clearly geared towards the consumer's personal requirements; goods that may perish quickly or goods whose sell-by-date would quickly run out,
- that are not suitable for returns for reasons involving health protection or hygiene if their seal has been broken post-delivery,
- that were post-delivery inseparably mixed with other goods.
Guarantee and liability
The statutory guarantee provisions apply.
Payment for goods is to be made by Visa, Mastercard, or Maestro & Visa debit card. Unfortunately, we cannot accept payment sent in the form of cash or cheques and are not responsible for loss.
Your credit or debit card will be charged upon placement of the order. In the case of possible returns the amount paid will be refunded. Should your credit card have insufficient credit, your order will not be dispatched.
Ginger&Browns Ltd. reserves the right in individual cases or depending on the delivery method chosen by the customer to accept only certain types of payment
If you change your mind
- ·You can return an item purchased from Ginger&Browns Ltd. within 14 days of purchase, provided it has not been used, damaged, altered, and has all its original labels and packaging in-tact.
- You do not need to give Ginger&Browns Ltd. a reason, however if you are able to, Ginger&Browns Ltd can use the information to improve its service
- Returns can be made in store, regardless of whether you bought online, clicked and collected, or purchased in store. In store or click and collect purchases can only be returned in store.
- We cannot accept returns on items that have been used or damaged, unless reported within 24 hours of receipt, and all contents, labels and original packaging must be returned in re-saleable condition.
We are unable to offer a refund on a small number of products, such as items which have been personalised or perishable goods, please see the “Exclusion of the right of withdrawal” section for more information.
In the unlikely event that there was a problem with your order or the goods were damaged on arrival, you must contact us to arrange a replacement or refund at email@example.com within 24 hours of receipt of goods. Goods found to be faulty within 6 months from purchase may also be returned, after this period you must contact the manufacturer. You acknowledge that no pet toys are indestructible, and we cannot accept returns if your pet damages a product.
We hope it is never necessary, but we are able to help you in returning an item:
Part of our service, is to research and source goods that we think are good for your pet. It is your responsibility to check each product we ship to you, and if you believe it to be unsafe for your pet due to e.g. allergies/sensitivities, you can return it to us. We reiterate that we cannot be held responsible if you go ahead with giving your pet an item supplied by or chosen by Ginger&Browns Ltd. Please notify us in writing within 24 hours of receipt of your delivery. Goods must be returned in a re-sellable condition.
Offers & Discounts
We may offer new and/or existing customers special offers from time to time. Where we make such offers, Introductory offers are only available to new users, and previously registered users will not qualify. Competitions for a free subscription cannot be entered by existing customers. Existing or previous customers will be deemed by a shared postal address, or credit or debit card.
Offers are limited to one individual pet unless otherwise explicitly stated.
We may cancel any special offer, introductory offer or discount at any time without notice. We may also remove a discount or offer from any account, for any reason at our sole discretion.
At our sole discretion, we may restrict who may enter into offers, or reject an entry, for any reason.
Unless specifically stated, no two offers or discounts can be used in conjunction with each other.
Account credits, offers and discounts cannot be redeemed for cash.
If any of the provisions of this agreement shall be found by any court to be invalid or unenforceable such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity or enforceability of the other provisions of these Terms and Conditions shall not be affected thereby.
These terms and conditions constitute the entire agreement between you and us in relation to your use of our website, online, click & collect, and physical store, and supersede all previous agreements in respect of your use of this website.
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.