REBEKAH ROSSI T/A BARK & BOWL CANINE NUTRITION
TERMS AND CONDITIONS OF BUSINESS
BACKGROUND
These Terms and Conditions are the standard terms for the provision of services by Rebekah Rossi, trading as Bark & Bowl Canine Nutrition.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or fax or other means.
2. Information About Us
2.1 Rebekah Rossi, trading as Bark & Bowl Canine Nutrition, is a Sole Trader whose Registered Address is Duke House, Duke Street, Skipton, North Yorkshire BD23 2HQ.
2.2 We are not registered for VAT.
3. The Contract
3.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before accepting Our booking (which incorporates this document), please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification before you accept the booking.
3.2 Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.
3.3 A legally binding contract between Us and you will be created upon the express written acceptance of the booking by both parties.
3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, except where such information is already apparent from the context of the transaction:
3.4.1 The main characteristics of the Services;
3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);
3.4.3 The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 The arrangements for payment, performance and, if applicable, the time by which (or within which) We undertake to perform the Services;
3.4.5 Our Complaints Policy (as set out below in Clause 12);
3.4.6 Where applicable, details of after-sales services and commercial guarantees;
3.4.7 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.
4. Orders
4.1 Our booking and your acceptance of it will be subject to these Terms and Conditions.
4.2 You may ask Us to change the booking at any time before We begin providing the Services by contacting Us, and within at least 48 hours of your consultation. Requests to change the booking need to be made in writing.
4.3 If you change your Order We will inform you of any change to the Price in writing.
4.4 You may cancel your acceptance of the booking within 7 days of placing it, and no later than 48 hours prior to your consultation, regardless of whether this is within 7 days. If you have already made any payments to Us under Clause 5 (including, but not limited to the Deposit), then subject to sub-Clause 5.4, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 10.
4.5 We may cancel the contract between Us and you at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.
5. Price and Payment
5.1 The Price of the Services will be that shown in the booking at the time you unconditionally accept it.
5.2 Our Prices may change at any time but these changes will not affect any booking that you have already accepted.
5.3 Before We begin providing the Services, you will be required to pay the total Price for the Services. Payment must be made at least 48 hours prior to your consultation.
5.4 In certain circumstances, if your Order is cancelled, the Price will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services and the amount of work (if any) already undertaken by Us. Please refer to sub-Clauses 4.4 and 4.5 if your Order is cancelled before the Services begin, or to Clause 10 if the Services are cancelled after they have begun.
5.5 We accept the following methods of payment:
5.5.1 BACS transfer;
5.5.2 PayPal transfer;
5.6 If you do not make payment to Us by the due date We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of Starling Bank from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgement. You must pay any interest due when paying an overdue sum.
5.7 The provisions of sub-Clause 5.6 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
6. Providing the Services
6.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the industry, and in accordance with any information provided by Us about the Services and about Us.
6.2 We will begin providing the Services on the date agreed between you and Us.
6.3 We will continue providing the Services for the period agreed between you and Us.
6.4 We will make every reasonable effort to complete the Services on time. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 for events outside of Our control.
6.5 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
6.6 If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
6.7 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension in writing).
6.8 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention, We will inform you in advance in writing before suspending the Services.
6.9 If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
6.10 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.6.
7. Problems with the Services and Your Legal Rights
7.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us in writing as soon as is reasonably possible.
7.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
7.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or subcontractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work.
7.4 Where you are a consumer, you have certain legal rights with respect to the purchase of services. For full details of your consumer legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
8. Our Liability to Consumers
8.1 We provide no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found 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.
8.2 Your use of any information or materials on this Website, Our Services, or that provided to you via any communication with Us, 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.
8.3 The information provided by Us is intended for informational purposes only. It is not intended to be a substitute for veterinary advice. The degree of benefit obtainable from any Services provided by Us may vary and results are not guaranteed.
8.4 You acknowledge that you are solely responsible for any decisions you make and consequences thereof regarding your dog's health and wellbeing.
8.5 We provide Services to Consumers for domestic and private use only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. By accepting the booking, you agree that you will not use the Services for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
8.6 If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.
8.7 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused to a human being by Our negligence (including that of Our employees, agents or subcontractors); or for fraud or fraudulent misrepresentation.
8.8 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
8.9 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
9. Events Outside of Our Control (Force Majeure)
9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: illness or accident, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or pandemic or other natural disaster, or any other event that is beyond Our reasonable control.
9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
9.2.1 We will inform you as soon as is reasonably possible;
9.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
9.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
9.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
9.2.5 If the event outside of Our control continues for more than 4 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
10. Cancellation
10.1 If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4.
10.2 Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us 14 days prior written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
10.3 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. If you cancel because of Our breach under sub-Clause 10.3.1, you will not be required to make any payments to Us. You will not be required to give 14 days notice in these circumstances:
10.3.1 We have breached the Contract in any material way and have failed to remedy that breach within 14 days of you asking Us to do so in writing; or
10.3.2 We enter into bankruptcy or have an administrator or receiver appointed over Our assets; or
10.3.3 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or
10.3.4 We change these Terms and Conditions to your material disadvantage.
10.4 We may cancel your Order for the Services before the Services begin under sub-Clause 4.5.
10.5 Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 14 days written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
10.6 If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give 14 days notice in these circumstances:
10.6.1 You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.6); or
10.6.2 You have breached the Contract in any material way and have failed to remedy that breach within 7 days of Us asking you to do so in writing; or
10.6.3 We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5).
10.7 For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 10.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 10.3.1 and Us under sub-Clause 10.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
11. Communication and Contact Details
11.1 If you wish to contact Us, you may do so via our Contact Form, or by email to hello@barkandbowlnutrition.com in the first instance.
12. Complaints Policy and Feedback
12.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
12.2 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us by email at hello@barkandbowlnutrition.com or by post to our Registered Address at Duke House, Duke Street, Skipton, North Yorkshire BD23 2HQ.
13. Communication Policy
13.1 We endeavour to communicate effectively with all of Our clients and to answer all genuine messages and emails in a timely manner. Response times will depend on capacity.
13.2 We will not respond to offensive, attacking or irrelevant messages, or to comments or messages with no connection to Our services.
13.3 Inappropriate communication may lead to termination of your access to Our services. If deemed necessary, the police may also be contacted (for example in cases of threatening or inappropriate communication).
13.4 Where appropriate, we may continue a conversation via email or private message rather than on a social media platform.
14. How We Use Your Personal Information (Data Protection)
14.1 We will only use your personal information as set out in Our Privacy Policy.
14.2 By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
15. Website Terms
15.1 This website is operated by Rebekah Rossi, trading as Bark & Bowl Canine Nutrition.
15.2 By visiting or using this Website, you are agreeing to these Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions. If you disagree with any part of these Terms and Conditions, please do not use this Website.
15.3 The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
15.4 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) linked to. We have no responsibility for the content of the linked website(s).
15.5 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
15.6 This Website contains material which is owned by or licensed to Rebekah Rossi, trading as Bark & Bowl Canine Nutrition. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.
15.7 You may link to this Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other website, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
15.8 You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
15.9 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
15.10 You agree to indemnify, defend and hold harmless Rebekah Rossi, trading as Bark & Bowl Canine Nutrition, Our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website.
16. Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
16.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
16.4. In order to contract with Us you must be over 18 years of age.
16.5 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
16.6 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
17. Variation
17.1 We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary these Terms & Conditions.
17.2 It is your responsibility to take notice of any changes we may have made to the Terms & Conditions.
18. Governing Law and Jurisdiction
18.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
Copyright © 2024 BARK & BOWL Canine Nutrition - All Rights Reserved.
Based in Yorkshire, UK
The information provided by Bark & Bowl Canine Nutrition is intended for informative purposes only. It is not intended to be a substitute for veterinary advice. If you have any medical concerns, these shouLd be addressed by a vet. Bark & Bowl Canine Nutrition encourages owners to consult their veterinarian before embarking on any dietary changes for their dog. By using our services, you acknowledge that you are solely responsible for any decisions you make regarding your dog's health and wellbeing.
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