Agree Terms & Conditions
The definitions in this clause apply in the terms and conditions set out in this document:
Goods: the products that we are selling to you as set out in the order, which shall primarily be animal pet foods, supplements and treats.
Terms: the terms and conditions set out in this document. Actigut is the seller of the Goods and User Licence agreements–Acti-PetfoodsLimited a private company limited by shares and registered in England and Wales with reg number 13692304
you: the consumer who is the buyer of the Goods
- Headings do not affect the interpretation of these terms.
- These Terms are for use in a sale by us of Goods / to an individual who is a consumer.
2. Basis of Sale
- These Terms, our written acceptance of your order, if any, and our price fee list are considered by us to set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on your order are complete and accurate before you commit yourself to the purchase.
- Any samples, drawings, descriptions or advertising which we issue, and any descriptions or illustrations contained in our website or brochures, are issued or published solely to provide you with a clear idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods/Licence fee.
- If any of these Terms are inconsistent with any aspect of your order, the Terms shall prevail.
- The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion, and which may be made on our website or by phone, fax or post.
- These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of an order, oran emailed confirmation from a web sale.
(b) we notify you that the goods are being delivered.
whichever is the earlier, at which point a contract shall come into existence between you and us and an Invoice will be sent, or the payment will have been pre-paid online.
- Any quotation for the Goodsshall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
- We shall assign an order number to the order and inform you of it in the order acceptance. Please quote the order number in all subsequent correspondence with us relating to the order.
- You may at any time during any order transaction cancel or return products. This will not change or alter your statutory rights under the sales of goods act.
- We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. The Goods
- We warrant that on delivery the Goods shall:
(a) conform in all material/ingredients respects with their description, subject to any qualification or representation contained in any brochures, advertisements, website or other documentation.
(b) be of satisfactory quality.
(c) be fit for any purpose which we say the Goods are fit for or for any reasonable purpose for which you use the Goods.
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
(f)This includes only goods sold by the company and not any third party purchases from links to another site or company within theActi-Petfoodsplatform.
- This warranty is in addition to your legal rights in relation to Goods which are faulty, or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
- This warranty does not apply to any defect in the Goods arising from wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions.
- We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
- These Terms apply to any replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
- In instances where we have problems sourcing the Goods, we reserve the right to give a full refund.
- Should the online licence product of use Actigut platform be down or unavailable for more than 8 days we will upload contact details for customers with issues.
- We will deliver the Goods, normally 2-3 working days for physical goods and/or set up of account.
- Delivery of the order shall be considered completed when we deliver the Goods, to you or to another agreed location.
- We will take reasonable steps to meet the delivery date in clause 4.1. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
- We shall have no liability to you for late delivery of physical goods or third-party orders, if we are let down by our delivery partners, but we will work with you to remedy the outcome. We will take full responsibility for access 24/7 of the Actigut- Petfoodsplatform
5. Defective Goods and Returns
In the unlikely event that the Goods do not conform with these Terms, or you otherwise wish to return the Goods, please let us know within 10 days after delivery. We will ask you to return the Goods to us at your cost. In the case of faulty Goods, the 10-day limit is extended to returns of the Goods made to us within a reasonable time after delivery.
6.Price and Payment
- The price of the Goods will be as set out clearly at the time of sale and these prices may change without notice
- These prices include VAT were applicable. However, if the rate of VAT changes between the date of acceptance of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
- These prices can include delivery costs within the UK although this is not guatanteed, while outside the UK charges will be added to the total amount due.
- It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods have the correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our site.
- Payment for all Goods must be made in advance by PayPal, , bank wire payment, credit or debit card if bought through the website.
- Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding order or platform use until you have paid the outstanding amounts.
7. Limitation of Liability
- Subject to clause 7.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
- Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue.
(b) loss of business.
(c) loss of anticipated savings.
(d) loss of data; or
(e) any waste of time.
However, this clause 7.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
- This clause does not include or limit in any way our liability for:
(a) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(b) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(c) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8. Events Outside Our Control
We reserve the right to defer the date of delivery or to cancel the order or reduce the volume of the Goods ordered by you (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 28 days, you shall be entitled to give notice in writing to us to terminate the contract.
Should we agree a Licence or Distribution agreement with you, you may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to us, ActiPetfoods Limited at the addressActi-PetfoodsLimited, Redhill House, Hope St, Chester. UK CH48BU. We may give notice to you at either the e-mail or postal address you provide to us in the order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
- If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver, and we tell you so in writing.
- A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
- We reserve the right to send you marketing material by post or email, including for special offers on our products, and you have the right at any time to unsubscribe from such mailings.
- These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.