The Ginger Dogs Terms and Conditions
Welcome to our website. These terms and conditions which together with our privacy policy are the contract between you and The Ginger Dogs - raw and natural (“us”, “we”, etc). Please take time to read this agreement carefully and save it, as by visiting Our Website, and purchasing from us, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
I / We are The Ginger Dogs a company registered in United Kingdom. Our registered address is 1 Washdyke Lane, Donington, Spalding, Lincolnshire PE11 4SL
You are: Anyone who uses Our Website.
The Ginger Dogs work hard to maintain a high standard of customer service. If you are not happy with any of our services or goods, or wish to make a complaint please contact us in writing at admin@thegingerdogs.co.uk as we welcome your feedback and will get back to you as soon as possible. Likewise, if you would like to acknowledge that you are delighted with us, we would be delighted if you would leave a review.
The terms and conditions:
1. Definitions
In this agreement:
“Carrier”
means any person or business contracted by us to carry Goods from us to you.
“Consumer”
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content”
means any content in any form published on Our Website by us or any third party with our consent.
“Goods”
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website”
means any website of ours, and includes all web pages or social media controlled by us.
"Post"
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
2. Interpretation
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour.
2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we / We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
4. Acceptance of your order
4.1. We are happy for you to order in advance and pick up Goods from our shop provided payment has been received into our bank. A cheque on arrival is not acceptable.
4.2. If you pick up Goods from our premises then:
4.2.1 we will not always be able to assist you in loading heavy items;
4.2.2 Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
4.2.3 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
4.3. Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
4.4. Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made.
4.5. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.5.1 accept the alternatives we offer;
4.5.2 cancel all or part of your order.
5. Product Description, Price and Payment
5.1. We make all reasonable efforts to ensure that all descriptions, ingredients, weight and graphical representations of Food Products available from Us correspond to the actual Products that you will receive. Please note, however, the following:
i. Any images and/or descriptions of packaging are illustrative only, the supplier may have recently changed or varied the actual packaging of their Food Products.
ii. A manufacturer may on occasion have changed their recipe and this has not yet been reflected in the information on our product pages. Plus, some product descriptions may have been supplied by a third-party. Please always refer to the product packaging upon receipt of your order for the fullest and most up to date copy of the product’s ingredients.
iii. Due to the nature of the frozen and dried products sold through Us, there may be up to a small % variance in the size/weight/volume between the actual Food Products and the description.
iv. Any images of Food Products are illustrative only, and there may be slight variations in colour between the image of a product and the actual product sold, due to differences in computer displays, lighting conditions, plus foodstuffs can naturally vary in appearance;
5.2. The prices quoted on Our Website apply only to products sold through this website. Where the same products are available via another stockist, different prices may apply. All prices are shown in £ sterling and include VAT where applicable
5.3. The Price is as set out in the order.
5.4. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not reserve the Goods until you have confirmed that you wish to buy at the new price.
5.5. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.6. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.7. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6. Returns and refund policy
If you have any problems with your order or any of the items are unsatisfactory, please get in touch with us and we will do our best to deal with your problem efficiently and in a timely manner.
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
6.1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
6.2. Please note that we are unable to accept returns on frozen, raw and perishable goods as these are exempt from the right to cancel. This does not apply to faulty goods. Please see section 7 for further details.
6.3. We will return your money subject to the following conditions:
6.3.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact. If there is any damage or deterioration evident, we will charge you for the reduction in value.
6.3.2 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
6.4. The option to cancel your order is not available:
6.4.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after purchase, or cannot be re-sold for some other reason;
6.4.2 if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
6.4.3 if you bought goods and they are being returned because they are no longer required or you have changed your mind.
6.5. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
6.6. In any of the above scenarios, we will return your money within 30 days, less any costs due under this contract.
6.7. This refund policy does not affect your legal rights ie if goods are faulty or described incorrectly. Please see section 7.
7. Faulty Goods
7.1. Please examine the Goods purchased from us immediately you receive them and notify us by email providing details if there are any problems, include a digital photograph if possible as this may save you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
7.2. The procedure to return the faulty Goods is as follows:
7.2.1 please follow the returns procedure which we will send to you as soon as you notify us that you wish to return them.
7.2.2 the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
7.2.3 It is your responsibility to cover the cost of returning Goods to us, however, if the Goods are found to be faulty, we will refund reasonable postage costs. If the Goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.
7.3. We will return your money subject to the following conditions:
7.3.1 we receive the Goods with labels and packaging intact.
7.3.2 you comply with our returns procedure. We cannot refund your money unless we know who sent them.
7.3.3 you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
7.4. If any defect is found, then we shall:
7.4.1 replace the Goods free of charge, at our discretion, providing that you have returned any faulty goods to us upon request. Or
7.4.2 contact you to offer an alternative if an item is no longer available, as our liability is to replace the faulty goods only and we are unable to guarantee an exact match. Or
7.4.3 refund the full cost you have paid including reasonable costs of returning the Goods.
7.4.4 where we replace faulty goods, you are responsible for their disposal if they have not previously been returned to us.
8. Foreign taxes and duties
8.1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
8.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
9. Disclaimers
9.1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
9.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
9.3. We make no representation or warranty for:
9.3.1 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
9.3.2 the adequacy or appropriateness of the Goods for your purpose.
9.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
9.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period for the Goods concerned.
9.6. We shall not be liable to you for any loss or expense which is:
9.6.1 indirect or consequential loss; or
9.6.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
9.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
9.8. If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.
9.9. Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
10. Restrictions on what you may Post to Our Website
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
10.1. be malicious or defamatory;
10.2. consist in commercial audio, video or music files;
10.3. be illegal, obscene, offensive, threatening or violent;
10.4. be sexually explicit or pornographic;
10.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
10.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
10.7. solicit passwords or personal information from anyone;
10.8. be used to sell any goods or services or for any other commercial use;
10.9. link to any of the material specified above, in this paragraph.
10.10. send age-inappropriate communications or Content to anyone under the age of 18.
11. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
11.1. hyperlinks, other than those specifically authorised by us;
11.2. keywords or words repeated, which are irrelevant to the Content Posted.
11.3. the name, logo or trademark of any organisation other than yours.
11.4. inaccurate, false, or misleading information.
12. How we handle your Content
12.1. Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at privacy statement
12.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
12.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
12.4. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
12.5. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
12.6. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
12.7. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
13. Removal of offensive Content
13.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
13.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
13.3. If you are offended by any Content, the following procedure applies:
13.3.1 Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
13.3.2 we shall remove the offending Content as soon as we are reasonably able;
13.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
13.4. We may re-instate the Content about which you have complained or not.
13.5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
13.6. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
14. Security of Our Website
If you violate Our Website, we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
14.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
14.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
14.3. download any part of Our Website, without our express written consent;
14.4. collect or use any product listings, descriptions, or prices;
14.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
14.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
14.7. Despite the above terms, we now grant a licence to you to:
14.7.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
14.7.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.
15. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
15.1. your failure to comply with the law of any country;
15.2. your breach of this agreement;
15.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
15.4. a contractual claim arising from your use of the Goods;
15.5. a breach of the intellectual property rights of any person.
16. Intellectual Property
16.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
16.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
16.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
16.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
17. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
17.1. If you are not happy with our services or have any complaint then you must tell us by email message to admin@thegingerdogs.co.uk or an updated address which you will find on Our Website.
17.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
17.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/
18. Miscellaneous matters
18.1. When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
18.2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
18.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
18.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail, with a read receipt being requested.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
18.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
18.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
18.10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
