Conditions of Use

Our Terms and Conditions

1.                   These terms

1.1                What these terms cover. These are the terms and conditions on which we will supply our products to you, namely our personalised well-being subscription box for dogs which we have termed “DOGBOX” (hereinafter, referred to as our “DogBox”) and any other products which we may make available for purchase through our website www.dogbox.pet (the “Website”). For the purposes of these terms and conditions, every DogBox and any other products We develop for sale to You, shall be collectively referred to as the “Products”.

1.2                Why you should read them. Please read these terms carefully before you submit your order to us. These terms inform you about who we are, the manner in which we will provide our Products to you, how you and we may change or withdraw from the contract, what to do if there is a problem and other pertinent information. If you believe that there is a mistake in the terms set out herein, please contact us through the address indicated in Clause ‎2.2 in order to discuss the matter further.

2.                   Information about us and how to contact us

2.1                Who we are. We are DogBox Limited, a limited liability company incorporated and registered under the laws of Malta. Our company registration number is C81875 and our registered office is situated at MITA Innovation Hub, SmartCity Malta, SCM01 Ricasoli, Malta, European Union. Our registered VAT number is MT24456511.

2.2                How to contact us. You can contact us by telephoning our customer service team at +44 7729 747298 or by writing to us at either of the below address:

●        ops@dogbox.pet (e-mail address); or

●        DogBox Limited, 47, Jupp Road, Stratford, E151AF, London 

2.3                How we may contact you. If we have to contact you, we will do so by telephone or else by writing to you by email, using the relevant billing details that you have provided us with in your order.

2.4                "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.                   Our contract with you

3.1                How we will accept your order.  Our acceptance of your order will take place when we write to you at the email address that you have indicated in your order providing you with an acknowledgement of receipt of the order that you have placed. At this point, a contract will come into existence between you and us.

3.2                If we cannot accept your order. If we are unable to accept your order, we will inform you of this without undue delay by writing to you at the email address that you have indicated in your order and we will not charge you for the order that you have placed. This might occur because the Products or resources used to provide the Products are out of stock, because of unexpected strains on our resources which we could not reasonably plan for, including shipment and carriage issues, because we have identified an error in the price or description of the Product you have enquired about, or because we are unable to meet applicable delivery deadlines.

3.3                Your order number. We will assign an order number to your order and tell you what it is when accepting your order in the manner set out in Clause ‎3.1. Furthermore, it will also aid us greatly if you can quote this order number to us whenever you contact us, whether by telephone or through email, about matters relating to your order.

3.4                We sell worldwide. We are currently shipping only to the following countries:

 

United Kingdom

Malta

 

 

Notwithstanding this, if there is any change to the above situation, we may post a notice to this effect on our Website.

4.                   Our products

4.1                Our Products may vary slightly from their pictures displayed on our Website. The images of our Products, as displayed on our Website, are for illustrative purposes only. Although we have made every effort to capture our Products as clearly and accurately as possible, we cannot guarantee that the images displayed on the Website are an accurate and precise reflection of the colours, sizes, weights, capacities, dimensions and measurements of our Products. Accordingly, the Products which you have ordered may vary slightly from their corresponding image on the Website. 

4.2                Product packaging may vary. The packaging of the Product that you have purchased may vary from that shown in images displayed on our Website.

4.3                Making sure information you provided is accurate. You are responsible for ensuring that any information provided to us in relation to your dog/s, including, but not limited to, age, weight, breed, behaviour, body condition score, activity level, scrap feeding, current food protein, allergies, and medical conditions, is correct. You are more than welcome to contact us at either of our addresses listed in ‎Clause 2.2  so that we may discuss this further and provide you with any tips or advice that you may require.

5.                   Eligibility

5.1                By placing an order with us for any of our Products, you agree to be bound without reservation by the terms set out in these Terms and Conditions. You also warrant and represent that:

(a)    You are legally capable of entering into this contract and are of the legal age required in your state, province, jurisdiction, domicile or residence to enter into this contract;

(b)    You have the capacity and authority to bind yourself and/or the person/entity in whose name this contract is being entered into, as applicable, to these Terms and Conditions; and

(c)    You have the legal right to use the payment means selected by you.

5.2                Verification of this information outlined in Clause 5.1  above may be required prior to our confirmation or acceptance of an order, or completion of any purchase.

6.                   Your rights to make changes

6.1                You will have the opportunity to review your order, and to correct any errors which you may have inputted, prior to finalising your order. Furthermore, if you wish to make a change to any finalised order which you have submitted, please contact us at either of the addresses listed in Clause ‎2.2. We will then let you know in writing if the change is possible.

6.2                If it is possible, we will inform you about any changes to the price chargeable under the order, the timing of delivery or anything else which would be necessary as a result of your requested change and then ask you to confirm whether you wish to ahead with the change in question.

7.                   Our rights to make changes

7.1                Changes to these terms. We may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products that you have paid for but not received.

8.                   Providing the products

8.1                Freight, delivery and postal costs. The freight, delivery and/or postal costs arising from your order will be as displayed to you on our Website and specifically communicated to you prior to you placing your order.

8.2                When we will provide the Products. During the order process, we will let you know when we will provide you with the Products that you have ordered.

8.3                Where we have failed to fulfil our obligation to deliver our Products within the time limit set out in Clause 8.2 above, you shall call upon us to make the delivery within an additional period of time appropriate to the circumstances. If we fail to deliver the Products you have ordered within that additional period of time, you shall be entitled to rescind the contract.

The above shall not be applicable to orders for our Products where we have refused to deliver the Products that you have ordered or where delivery within this timeframe is essential taking into account all the circumstances attending the conclusion of the contract or where you inform us, prior to the conclusion of the contract, that delivery by or on a specified date is essential. In those cases, if we fail to deliver the Products concerned at the time agreed upon with you or within the time limit set out in Clause 8.2, you shall be entitled to rescind the contract immediately.

8.4                We are not responsible for delays outside our control. If our delivery of the Product which you have ordered is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to rescind the contract and receive a refund for any Product you have paid for but not received.

8.5                If you do not re-arrange delivery. If after a failed delivery, you do not arrange for re-delivery or fail to collect them from the place designated by the carrier we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may rescind the contract and Clause ‎11.2 will apply.

8.6                When you become responsible for our Products. Where you have placed an order for our Products, being goods, it will become your responsibility, including the risk of loss or damage thereto, from the time you or a third party which you have indicated acquires physical possession of the Product that has been ordered.

8.7                Transfer of Title. Transfer of title in a Product which you have ordered shall only pass to you once we have received payment in full.

9.                   Your rights to withdraw from the contract

9.1                Withdrawing from the contract because of something we have done or are going to do. If you are withdrawing from a contract concluded with us for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)           we have told you about an upcoming change to the terms which you do not agree to (seeClause 7)

(b)           we have told you about an error in the price or description of the Product that you have ordered and you do not wish to proceed;

(c)           there is a risk that supply of the Products that you have ordered may be significantly delayed because of events outside our control;

(d)           we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e)           you have a legal right to end the contract because of something we have done wrong.

9.2                Directive 2011/83/EU on consumer rights. The right of withdrawal available to consumers under the Consumer Rights Directive (Directive 2011/83/EU) or any other national transposing legislation is not available to you since the goods we provide to are either made to your specifications or are clearly personalised in terms of Article 16(c) of that Directive.

10.                How to rescind the contract with us

10.1             Tell us you want to rescind the contract. Where permitted under these Terms and Conditions, in order to rescind the contract with us, please let us know by doing one of the following: 

 

(a)           Phone or email. Email us at [●]. Please provide your name, home address, details of the order, including the order number, and, where available, your phone number and email address.

(b)           Online. Complete the form, accessible at [●], on our Website. 

(c)           By post. Print off the form found at Annex I and post it to us at the address on the form.  Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

 

In either of the above cases, we will communicate to you an acknowledgement of receipt of this notice on a durable medium without delay. For the most efficient processing of your notice to rescind the contact, we suggest that you first contact us on +44 7729 747298 for further detailed instructions.

10.2             Returning Products after rescinding the contract. If you rescind the contract for any reason after products have been dispatched to you or you have received them, you must return them to uswithin 14 days of telling us you wish to rescind the contract.  You must post them back to us at Parcel Ship, C/O DogBox, Units 1-4, Newfield House Coates, Retford DN22 0HA United Kingdom. Please email us at ops@dogbox.pet for a return label or to arrange collection. 

10.3             When we will pay the costs of return. We will pay the costs of return:

(a)           if the Products delivered are faulty or mis-described; or

(b)           if you are rescinding the contract because we have told you of an upcoming change to these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances, including where you are a consumer exercising your right to change your mind, you must pay the costs of return. You will also be liable for any diminished value of the Products arising from the handling, other than what is necessary to establish the nature, characteristics and functioning of these aforementioned Products.

10.4             How we will refund you.  If you are entitled to a refund under these terms, we will refund you the price you paid for the Products including delivery costs, by the method you used for payment, unless you have expressly agreed otherwise and provided you do not incur any fees as a result of such reimbursement. However, we may make deductions from the price, as described below.[x1] 

(a)            

11.                Our rights to end the contract

11.1             We may rescind the contract if you break it. We may rescind the contract in respect of an order at any time by writing to you if:

(a)           your payment transaction fails; or

(b)           you do not, within a reasonable time of us asking for it (being not more than 7 calendar days), provide us with information that is necessary for us to provide the Products; or

(c)           you do not, within a reasonable time (being not more than 7 calendar days), allow us to deliver the Products to you or collect them from us.

11.2             You must compensate us if you break the contract. If we end the contract in the situations set out in Clause ‎11.1, we will refund (where applicable) any money you have paid in advance for Products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.

12.                Your rights in respect of defective products

12.1             If you are a consumer, we are under a legal duty to supply Products that are in conformity with this contract. For instance, in relation to our Products, we are obliged under applicable law to ensure that they are in conformity with the description and specifications that we have provided. Any lack of conformity which manifests itself within a period of two (2) years from the date of delivery would then entitle you to ask for a refund or a replacement and/or repairs, at your own discretion as a consumer. These are however subject to certain exceptions. For detailed information, it is recommended that you seek and consult legal advice.

13.                Price and payment

13.1             Where to find the price for our Product. The price of the product (which includes VAT, other taxes and, where applicable, all additional freight, delivery or postal charges) will be the price indicated on the order page when you place your order in question. Please however see Clause ‎13.3 for what happens if we discover an error in the price of the product you order.

13.2             What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any of the Products provided to you.

13.3             What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

14.                Our responsibility for loss or damage suffered by you

14.1             Nothing in these terms shall limit or exclude our liability for:

(a)           death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)           fraud or fraudulent misrepresentation;

(c)           defective products under the Product Safety Act 2001 (Chapter 427 of the Laws of Malta); or

(d)           any matter in respect of which it would be unlawful for us to exclude or restrict liability under applicable law.

14.2             Subject to Clause ‎14.1:

(a)           we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b)           our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount paid in respect of the order giving rise to the claim.

15.                How we may use your personal information

15.1             How we will use your personal information. We and/or the payment agents whom we contract with will use the personal information you provide to us:

(a)           to supply the Products to you;

(b)           to process your payment for the Products; and

(c)           if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.

15.2             Our Website may contain third-party links which may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

15.3             For further information regarding your personal information that we process, and the safeguards that we have implemented to preserve its privacy, you are kindly invited to read our Privacy Policy which is accessible at [●].

16.                Other important terms

16.1             We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within ten (10) days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.

16.2             You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). The Contract formed under these Terms and Conditions is personal to you. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.3             Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4             You acknowledge and expressly agree that we own all the intellectual property rights in the Products. Except as may be expressly agreed otherwise by us in writing, these Terms and Conditions shall not serve to transfer any ownership in the intellectual property rights subsisting in the Products that you have ordered from us. For the avoidance of doubt, the term intellectual property rights shall be construed in its widest sense, and shall include the following: patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

16.5             If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.6             Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

16.7             Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Maltese law. In the event that a dispute arises from or relates to these terms or the goods we have provided, the parties agree to endeavour first to settle the dispute using the Online Dispute Resolution (ODR) platform (accessible on http://ec.europa.eu/odr).

(a)           You may submit your complaint through this online platform in your own language. The complaint is in turn sent to us and an Alternative Dispute Resolution (ADR) entity will accordingly be chosen by us.  Once you, as the consumer, and us, as the relevant trader, are in agreement regarding the ADR entity, the complaint will automatically be transferred to that entity, and a decision taken in 90 days; and

(b)           ADR Malta and the Complaints and Conciliation Directorate are currently the Maltese bodies that would manage such a dispute. A list of all the authorised ADR entities can be found on the ODR platform’s website, under the link “Dispute Resolution Bodies”.

16.8             If you are a consumer, the rights you have under these Terms and Conditions are in addition to and do not affect the statutory rights and remedies you may have under applicable consumer protection law. In the event of a conflict between these Terms and Conditions and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.

 

 

Annex I: Model Cancellation Form for consumer customers

 

(Complete and return this form only if you wish to withdraw from the contract)

 

To:  [•]

 

I/We [*] hereby give notice that I/We [*] withdraw from my/our [*] contract of sale of the following goods [*]/for the provision of the following service [*],

 

Ordered on [*]/received on [*],

 

Name of consumer(s),

 

Address of consumer(s),

 

Signature of consumer(s) (only if this form is notified on paper),

 

Date

 

 (*) Delete

 [x1]No description below