LAST UPDATED - 11th April 2013
Apologies, but this is going to be really boring (it was written by a load of 500-quid-an-hour lawyers after all!)A
…..Deep breath now……
…..Here we go……
Distance Selling Trading Terms & Conditions for Products
These are the terms on which Emotional Rescue Limited (Company Number 01946989) trading as The Dogs Doodahs (‘DD’) sells its products on or through its Website. They do not affect your statutory rights. They are designed to set out clearly DD’s responsibilities and your rights.
These terms and conditions take into account rights granted to consumers under the Consumer Protection (Distance Selling) Regulations 2000 (‘Regulations’) where such consumers are contracting via distance selling i.e. carrying out a non face to face transaction. As such, if you are not buying via distance selling or if you are buying as a business the returns policy under paragraph 10 of these terms and conditions will not apply to you.
In order to enjoy some of the features and facilities available on the Website, you will need to sign up as a registered user. If you have not signed up as a registered user please visit the register new user page.
DD’s details are as follows:
Emotional Rescue Limited (Company Number 01946989) trading as The Dogs Doodahs.
Registered Address: The Old School House, Leckhampton, Cheltenham, Gloucestershire, GL53 0AX
Trading Address: Unit C2, The Courtyard, Tewkesbury Business Park, Tewkesbury, Gloucestershire, GL20 8GD
Phone: 0845 900 2873
VAT Registration Number: 408359934
Definitions and General
1. In these terms and conditions (hereinafter collectively referred to as ‘Conditions’):
1. ‘Contract’ means any contracts made between DD and you for the sale and purchase of Products from its Website or through distance selling.
2. ‘Order’ means any order (whether oral and written) for Products made by you to DD including those made through the Website.
3. ‘Parties’ mean DD and you.
4. ‘Personalised Products’ means products made available on the Website which can be personalised and/or customised by customers and of which have been personalised and/or customised by you.
5. ‘Products’ mean any product, article and/or item which DD sells on its Website.
6. ‘Registered User’ means registered user as defined in paragraph 3.1.
7. ‘Website’ means www.thedogsdoodahs.com or variations to the name of the aforesaid domain name.
8. In these Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
9. In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
10. In these Conditions headings will not affect the construction of these Conditions.
11. You agree that e-mail can be used as a long-distance means of communication.
12. These Conditions will prevail against any terms and conditions, documents and/or provisions which are stated on or referred to in the Website unless explicitly stated otherwise.
2. Terms of Acceptance
1. A Contract is formed between you and DD when (and not before) DD notifies you by e-mail and/or electronically that your Order has been accepted. Your Order will not be accepted until DD receives authorisation of your credit card payment or such other authorisation. DD reserves the right not to accept any Order. You are advised to print off and keep safe a copy of these Conditions once your Order has been accepted by DD.
2. The Parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply in any Contracts.
3. Subject to any relevant laws and regulations, you agree that these Conditions shall be the exclusive basis on which any Contracts made between DD and you are transacted and processed unless otherwise agreed in writing by an authorised representative of DD.
4. While DD tries to ensure that all prices on the Website are accurate, errors may occur. If an error is discovered in the price of the Products that you have ordered, DD will contact you to let you know the correct price and ask you whether you still wish DD to fulfil your Order at the correct price. DD shall be under no obligation to fulfil your Order for a Product, which was advertised at an incorrect price. DD shall give you the option of confirming the Order at the correct price or if you so choose, to cancel the Order altogether. Where you cancel your Order for which you have already paid for, DD will refund the full amount to you.
5. DD will do its best to correct errors and omissions as quickly as practicable after being notified of them.
6. DD will use reasonable endeavour to ensure that the description and pictures of the Products displayed on the Website reflect a true and accurate depiction of the Products. However these descriptions and pictures may from time to time vary slightly compared to the actual Product provided.
7. DD will not keep details of your personal or credit or debit cards as its secure payment-processing provider processes them. You undertake that all details you provide to DD for the purpose of processing the purchase of your Products are correct, that the credit or debit card you are using is your own, and that there are sufficient funds to cover the cost of the Products.
3. Registered User
1. To enjoy some of the facilities and services available on the Website, you will need to register as a registered user (‘Registered User’) of DD.
2. Upon duly completing the relevant registration process, you will be registered as a Registered User (which is free of charge) and be issued with a username and password. Details of such username and password will be emailed to you.
3. You are solely responsible for the security of your username and password and must not disclose your username and password to anyone. You must inform DD immediately if your username and password have been compromised. In such a case, DD will reset your username and password for you. In this regard, please contact DD by email or 0845 900 2873.
4. As a Registered User, you will be able to access the following facilities and Services on the Website:
1. Date Reminder Services are available via the account reminders page.
2. Customisation and Personalisation of Products;
3. Competition and prize draws;
4. Pre-payment credit; and/or
5. Address Book Services is available via the account addresses page.
6. You may cancel your membership as a Registered User with DD at anytime by providing DD with written notice. You may also provide DD with such notice by emailing DD.
7. If you cancel your membership as a Registered User pursuant to paragraph 3.6, any existing prepaid credits (minus any discounts on the prepaid credits given by DD to you at the time you purchased and/or obtained such prepaid credit) which you have in your Registered User account will be refunded to you. For example, you would have paid £20 for £25 worth of prepaid credits. If you spent £5 of your prepaid credit and then cancel your membership as a Registered User, you will be refunded £15.
8. Subject to other provisions set out in these Conditions, you acknowledge that DD reserves the right to amend the Website and the Products and Services which it offers to you via the Website without notice to you from time to time provided that such changes do not affect any Orders which have been accepted by DD.
4. Price and Payment
1. Subject to paragraph 2.4, the price of the ordered Products shall be as set out on the Website, and includes postage, packing and value added tax (if applicable). For your own protection, please do not send payment in cash.
2. Where Orders are made through the Website, DD accepts payment through credit cards ( ‘Credit Cards’) and debit cards (‘Debit Cards’). In addition, you may also make payment for Products using any existing prepaid credits which you have purchased from DD.
3. No payment for the Products shall be deemed to have been received until DD has received cleared funds.
1. After an Order is accepted, the Products ordered will be delivered to the address entered by you on the on-line order form. Products will be despatched from DD’s premises or licensed supplier’s premises within the timelines specified on the relevant Product page as the actual delivery of the Products is carried out by third party couriers, DD shall be under no liability for any delay or failure to deliver the Products except to return the purchase price.
2. Unless a longer delivery date is agreed between the Parties, if DD fails to despatch any ordered Products within 30 days of acceptance of your Order, DD will refund in full your payment in respect of such Products. For the avoidance of doubt, you agree that the foregoing 30 days time period will not apply when you pre-book a Product to be sent to the recipient sometime in the future where such future period exceeds 30 days in advance.
3. You agree that risk of loss or damage of Products passes to you upon delivery of the Products or on the date of the first attempted delivery by DD.
4. Please note that your Products may be sent to you in instalments. You may cancel your entire Contract if subsequent instalments forming part of your order are not delivered by DD.
5. If your delivery address is outside the United Kingdom, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; DD advises each of its customers to contact their local customs office for further information.
6. Please note that when shipping Products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
6. Customised & Personalised Products
1. Subject to making the applicable payment and to the other provisions set out in these Conditions, you may customise and personalise the Personalised Products to meet your requirements in accordance with the facilities made available on the Website.
2. You are responsible for such content which you included on the Personalised Products which you wish to Order.
3. DD may review the content which you place on your Personalised Products and you acknowledge that DD reserves the right to reject your Order if it deems as its sole discretion as inappropriate without liability to you.
4. You fully consent to the disclosure of any personal data which you make available on the Personalised Products. Where applicable, you further warrant that you have the relevant permission and/or consent of such third party where you make his/her personal data available on the Personalised Products and hereby indemnify DD against any proceedings brought against DD as a result of breach of data protection legislation which is caused by you.
5. You undertake not to post or transmit to or from the Website content and/orinclude any content on any Personalise Products which are illegal, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive to the recipient, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience to the recipient, promote illegal or unlawful activity, or be otherwise actionable or in violation of any rules, regulations or laws to which such content and/or materials are subject.
6. You agree that you are solely responsible for the accuracy, legality, and compliance with the relevant rules and regulations in respect of content which you post or transmit to or from the Website and/orincludedon any Personalised Products.
7. You warrant that you have obtained all necessary consents, approvals and licences for the use of third party intellectual property in particular such third party intellectual property relating to materials, photos and/or content which you post or transmit to or from the Website and/orincludedon any Personalised Products and that the use of such third party intellectual property will not violate any intellectual property rights belonging to any third party.
8. You undertake not to post or transmit to or from the Website content and/or material which are technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software of harmful data).
9. In the event of an actual breach and/or allegations of breach of any of the warranties and/or undertakings made by you in this paragraph 6 of if DD reasonably suspects such a breach of warranty and/or undertaking has occurred, DD may, without giving notice to you and without liability to you, suspend your Registered User account and any Order which was previously accepted by DD pending clarification of such allegations or suspicion.
10. You agree to indemnify DD and save harmless DD against any claims, proceedings, losses, liabilities, damages (including reasonable costs), charges and expenses of whatever nature arising out of or in connection with any claim or action made against DD relating to a breach of the warranties and/or undertakings made by you under paragraph 6 and/or such other paragraphs under these Conditions.
11. You acknowledge that DD is entitled to provide full co-operation with any law enforcement authorities or court order in the world requesting or directing DD to disclose your identity or your location and/or such other details for any materials and/or content which are in breach of this paragraph 6.
12. You hereby grant to DD a perpetual non-exclusive licence to use such content and/or materials which you post or transmit to or from the Website and/or included on any Personalised Products for the DD’s business purposes.
1. All Products are subject to availability. Due to the seasonal availability of flowers it may be necessary from time to time to vary individual stems from those depicted on the Website and therefore it will not always be possible to include the exact item or colour as displayed. In the event of any supply difficulties, DD reserves the right to substitute with a Product of equivalent value and quality without notice.
2. Flower Products may be delivered in bud to ensure longer life.
3. Subject to paragraph 7.5 below, DD guarantees the freshness of your flowers for 7 days from the date of delivery unless specified otherwise on the Website.
4. Please note that DD only delivers flowers to mainland UK and the Isle of Wight. DD is sometimes unable to deliver to some areas of Wales and Northern Scotland/individual postcodes. If you would like delivery to these or other remote areas or have a query about where DD deliver, please contact customer services on 0845 900 2873 before placing your order for further details, as DD may be able to make delivery subject to an additional charge.
5. If you place an order for flowers and DD is unable to deliver to the specified address through no fault of your own, DD will reimburse your payment in respect of the flowers in full.
6. DD cannot guarantee when any item will be despatched and DD is unable to specify a time for delivery.
7. Please ensure that you enter full and accurate details, including the address and the postal code, of the intended recipient when you place your order. DD will not be responsible for any orders which are not delivered due to incorrect or incomplete information being supplied by you.
8. It is important that flowers are cared for correctly. Putting flowers next to heat sources or draughts, or failing to change the water will damage them. Please ensure you read any care instructions provided with the Products.
9. Flowers are perishable (being liable to deteriorate or expire rapidly) and therefore cannot be returned after delivery under the UK Distance Selling Regulations (2000). Consequently, the right of return outlined in paragraph 13 of these terms will not apply to flower Products.
10. If you receive damaged flowers or your flowers fail to arrive, please contact DD immediately so that we can arrange to re-send the Product on the next available delivery date.
11. If you have ordered any other Products at the same time as ordering flowers for the same recipient, such other Products will be delivered separately to the flowers.
8. Champagne & other Alcoholic Products
1. Pursuant to the Licensing Act 2003, DD cannot sell alcoholic products to anyone under the age of 18. For this reason, DD
may refuse an order or refuse to make a delivery at DD or our supplier’s discretion. By placing an order you confirm that
both you and the person the order is to be delivered to, are aged 18 years or over.
2. If DD’s couriers/suppliers are in doubt of the age of the recipient of an order at the time of delivery, they are entitled
to request some form of ID from the recipient. In the event that this is not satisfied they are entitled to refuse delivery
of the alcoholic Products. DD may charge you an additional delivery fee to re-deliver the alcoholic Products to you
should this occur.
3. Please note that DD is unable to deliver alcoholic Products outside of the United Kingdom.
4. Please note that our alcoholic Products are personalized and purchase of any alcoholic Product from DD amounts to a
contract for the supply of beverages intended for everyday consumption. Consequently the right to return Products in
paragraph 14 will not apply to alcoholic Products in accordance with the exclusion set out in paragraph 14.3.
1. DD will deliver balloon Products Worldwide, subject to the recipient address being accessible by Royal Mail.
2. Helium filled balloons are liable to deteriorate or expire rapidly and therefore cannot be returned after delivery under the UK Distance Selling
Regulations (2000). Consequently, the right of return outlined in paragraph 14 of these terms will not apply to balloon products.
3. DD cannot guarantee how long your balloon(s) will float for, but the average float-time is approximately 4-6 days and will depend upon the ambient
4. Royal Mail sometimes stores parcels in cold temperatures which may cause balloons to appear deflated on arrival. Once you have placed the
balloons back into a warmer temperature this should enable the helium to expand to give a fuller appearance.
5. Balloons represent a possible choking hazard. Deflated balloons should be disposed of carefully and young children should always be supervised if
given a balloon.
6. Subject to the provisions of paragraph 16, DD cannot take any responsibility for incorrect use of balloon Products, over inflation of balloons or loss
10. Date Reminder Servicesand Address Book Services
1. To enjoy the Date Reminder Services and Address Book Services, you will need to be a Registered User. To join as a
Registered Userclick here.
2. DD will use reasonable endeavours to send out a reminder email to you at your nominated email account on the
reminder date set by you. As such, it is vital that you provide DD with an email account which is current and to keep the
dates and addresses up to date.
11. Pre-Pay Credit
1. In order to purchase prepaid credit, you will need to be a Registered User. To join as a Registered Userclick here.
2. Prepaid credits can be purchased in such denomination as set out in the pre-payment credit page. You will be entitled
to purchase prepaid credits at a discounted rate and those are detailed in theprepaid credit pages.
3. Except to obtain a refund in accordance with the provisions of these Conditions, the prepaid credits in your Registered
User account have no monetary value and therefore, cannot be used for any purposes other than placing purchasing
certain Products from the Website. Subject to paragraphs 3.7 and 11.5 at no time will your pre-payment credits be
refunded for their cash value.
4. Prepaid credits can not be used to pay for gift cards or flowers. If you have existing prepaid credits in your account,
you will not have the option of applying these against a purchase of gift cards or flowers which must be paid for using
one of our other payment mechanisms.
5. If you have existing prepaid credits in your account and are shopping on the Website, at the point when you check out
on the Website, you will be given the option to pay using your prepaid credits. Where you decide to pay using your
prepaid credits, such Products will be paid for by drawing down your prepaid credits. Where there are insufficient
prepaid credits, you will need to pay the balance of the purchase price using your Credit Card or Debit Card.
6. The prepaid credits in your account will expire 24 months from the date of your last order. DD will inform you of any
prepaid credits prior to their expiry, using the contact details you have supplied. If you wish to use any remaining
prepaid credits you may do so prior to their expiry, but if you do not then DD may donate an equivalent amount to a charity of its choosing.
7. You are prohibited from selling or bartering your existing prepaid credit credited to your Registered User account.
8. DD reserves the right to suspend and/or remove your Registered User account which has been inactive for more than 30 months.
DD will use reasonable endeavours to contact you prior to such suspension and/or removal via email which will be sent to your nominated
email address. If DD receives a response from you informing DD that you wish to keep your account, DD will not suspends or remove
your account. If DD does not receive any response from you within 14 days from the date of attempted contact by DD, DD will
suspend or remove your account. Where your account is suspended or removed, your pre-payment credit will not be re-instated.
For the avoidance of doubt, DD will not be liable to you for suspending and/or removing your account in such circumstances.
12. Gift Cards
1. In order to purchase gift cards you must be resident in the United Kingdom and you may only purchase gift cards using a
credit card or debit card and not by using prepaid credit.
2. Gift cards may only be delivered to addresses in the United Kingdom.
3. Your purchase and use of a gift card will be subject to the terms and conditions of the retailer to which the gift card
relates. Such terms and conditions may change from time to time. It is your responsibility to ensure that you have read
and accept the retailer’s terms and conditions prior to your purchase of a gift card. If you do not accept the retailer’s
terms and conditions, you should not purchase a gift card.
4. DD has no control over the retailer to which a gift card relates and can give no guarantee or warranty as to the
availability of particular goods or services from that retailer and shall have no liability for any losses, damages, costs or
expenses that you incur arising from or in connection with the use or redemption of any gift card.
5. In the event that a retailer to which a gift card relates is placed in administration or receivership or enters into
liquidation or otherwise ceases to trade (or a similar event occurs) there shall be no obligation on DD to replace or
exchange any previously issued, unspent gift cards.
13. Loss and Damage
1. DD warrants that, at the time of delivery, the Products will, subject as hereinafter provided, correspond with the
description on the Website or DD’s catalogue (as the case may be), will be free from defects in materials and
workmanship and will be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). All other warranties
are excluded to the fullest extent permitted by law.
2. Any claim by you that any Products ordered fail to materially correspond with the description on the Website or that
they are defective or not of satisfactory quality, must be notified to DDby emailor letter within a reasonable time from
the date of delivery which shall be 3 days for flowers and helium balloons in any event no later than 14 days after delivery
for all other Products. If delivery is not refused, or you do not notify DD accordingly, DD shall have no liability for such
failure or defect unless such defects are latent defects.
3. If you make a valid claim under paragraphs 13.1 and/or 13.2, DD shall replace the Products in question free of charge or,
at your option, refund in full your payment in respect of such Products.
4. As part of DD’s highly regarded customer service and support, DD will usually acknowledge any claims and complaints
from you within 3 days of receipt of your claim and complaint and will use reasonable endeavours to resolve such
complaints within 14 days.
14. Returns Policy
1. Subject always to paragraph 14.3, DD’s returns policy, which is in compliance with the Distance Selling Regulations 2000,
is as follows:
i. Within seven (7) working days beginning with the day after the day of receipt of any Product, you may
exercise your right of cancellation in respect of such Product by sending us written notice of
ii. You must promptly return the Products to DD at your cost.
iii. DDwill refund your payment for such Product including delivery cost from DD to you.
2. This right to return will apply to prepaid credits product purchased by you provided such refund shall only be for the
value actually paid by you.
3. This right of return will not apply to Personalised Products, balloons, flowers or alcoholic Products.
4. Where the Products returned by you to DD are damaged, DD reserves the right to commence legal proceedings against
you for any loss suffered by DD.
15. Competitions and Prize Draws
1. From time to time, DD may organise competitions or prize draws. Such competitions and prize draws will be governed by
separate terms and conditions which would set out the rules pertaining to such competitions or prize draws.
2. Unless otherwise stated in the relevant rules pertaining to such competitions or prize draws:
i. Except for death or personal injury, DD excludes all direct and indirect losses or damage suffered by you
including whether loss of opportunity, loss of goodwill and/or reputation and/or damage to property to
the fullest extent permitted by law;
ii. any decision made by DD in relation to the winners of such competitions or prize draw shall be final and
no appeals shall be entertained;
iii. Prizes are non-transferrable, non-negotiable and no cash alternatives will be offered;
iv. DD reserves the right to substitute the prize for another prize of equal value;
v. Winners will be notified by email or telephone on such date set out on the Website. Winners who have
been notified by email will have 5 business working days to respond in full to the email or another winner
will be drawn;
vi. By entering the competition, the winner consents to any publicity which DD may wish to generate
for promotional and marketing purposes, including announcing the winners on DD’s Website. If you are a
winner you consent to your name being published; and
vii. You are only entitled to have one entry. Spammers will be automatically disqualified.
16. Limitation of Liability
1. DD does not exclude liability in the case of death or personal injury caused by DD’s negligence or for fraud.
2. DD will use its reasonable endeavours to pass on any manufacturer’s warranty to you (where applicable).
3. Subject to paragraphs 16.1 and 16.4, to the fullest extent permitted by law, DD’s total liability in contract, tort
(including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection
with the performance or contemplated performance of these Conditions shall be limited to:
i. in respect of matters for which DD does not carry insurance, the price of the Products; and
ii. in respect of matters for which DD carries insurance, the insured value.
4. Subject to paragraph 16.1, to the fullest extent permitted by law, DD shall not be liable to you for any indirect or
consequential loss or damage (whether for loss of profit, loss of enjoyment, pain, suffering or satisfaction or otherwise
or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which
arise out of or in connection with these Conditions or Contracts.
5. The provisions of paragraph 16 shall survive the termination of these Conditions and/or Contracts.
6. The exclusions and limitations of liability set out in this paragraph 16 shall be considered severally. The invalidity or
unenforceability of any one of these sub-paragraphs shall not affect the validity or enforceability of any other part of
this paragraph 16.
1. Any communication between the Parties shall be by e-mail or first class post to each party’s current e-mail or postal
address (as given on the Website at the time of such communication) or the e-mail or postal address given in your Order
(or any new e-mail or postal address which you may have notified to DD).
18. Amendments to these Conditions
1. DD reserves the right to vary these Conditions at any time but, in respect of any Orders which DD has accepted, the
terms whichapply shall be those when you placed your Order.
2. When DD amends these Conditions, this will be mentioned on the Website’shome page.For users purchasing Products or
registering on the Website for the first time, all Orders made from the date that the amended conditions are placed on
the Website governed such Orders. In addition, such changes will be effective against existing Registered Users thirty
days following posting of the amended version on the Website. Your continued use of the Website following DD’s posting
of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these
Conditions, please do not continue to use purchase Products on DD’s Website.
19. Law and Jurisdiction
1. These Conditions shall be governed by and construed in accordance with English law and the English Courts shall have