1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in Blue and those specific to businesses only are in Green.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Care Of Pet Professionals CIC a community interest company registered in England and Wales. Our company registration number is 14185120 and our registered office is at 9 Stone Green, Stone, Tenterden, England, TN30 7JS.
2.2 How to contact us. You can contact us by emailing our service team by writing to us at email@example.com
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the service. This might be because the service is over subscribed, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference or means test we have obtained for you does not meet our minimum requirements.
3.3 Your membership number. We will assign a membership number to your membership and tell you what it is when we accept your membership. It will help us if you can tell us the order number whenever you contact us about your membership.
3.4 We only sell to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept membership orders from outside the UK.
4. OUR SERVICES
4.1 Services are first come first serve. While we endeavour to ensure that there are adequate services to provide all our members, our professional advisors and counsellors appointments are limited (details of their office hours can be found on their profile pages). If a particular service is popular this may mean that there is a delay in providing this service to you. Each of our professional advisors and counsellors have their own set of terms and conditions for how they will work with you, these will be provided to you by them directly.
4.2 Our services are means tested. You may be eligible to receive a 25%, 50%, 75%, or 100% bursary to cover the cost of a service provided by our professional advisors and counsellors. This means test is provided to assess your disposable income, we will notify you in writing if you are eligible for a bursary if you meet our requirements. If you are not eligible for a bursary you are still entitled to 1 free consultation with our professional advisors or counsellors per each year of membership.
4.3 Making sure your information is accurate. If we are recommending a particular service to you, it is important that the information you have provided to use is accurate. You are responsible for ensuring that the information your supply us is correct regarding any conditions or health issues you may have, including mental health issues. We do not accept any liability for anything that happens as a result of you failing to provide whole and accurate information that is requested in order for us or our professional advisors or counsellors to provide any service to you as far as the law provides.
4.4 Your membership will renew automatically. Membership to our community is on a 12 month by 12 month rolling basis, for your convenience your membership will renew each year automatically for another 12-month period unless you tell us in writing that you do not want your membership to auto-renew. If you wish to cancel your membership, you must give us not less than 1 months’ notice before the end of your membership year, for example, if you start your membership on 1st January 2023 and you want to end your membership after the first 12 months, you must let us know in writing, no later than 1st December 2023 otherwise your membership will renew automatically for another 12 month period.
4.5 The cost of your membership to our community. The cost of joining our membership is £20.00 per Month inclusive of VAT. This membership entitles you the member to 1 free session and up to 5 further sessions if means tested has been approved. All further session is charged in addition to your membership with a Professional Advisor or Counsellor.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the services, you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the services and membership. We may change the Services and our membership:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the service.
6.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. PROVIDING THE PRODUCTS
7.1 When we will provide the services to you. During the course of your membership you will be able to book a services with our professional advisors or counsellors, each of our provider will have different terms and conditions for how you are to book and receive a service with them. This information will be provided to you by them directly.
If the products are ongoing services or a subscription to receive digital content. We will supply the services, or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 8 or we end the contract by written notice to you as described in Clause 10.
7.2 We are not responsible for events outside our control. If our supply of the services is delayed by an event outside our control or the control of our professional advisors or counsellors then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
7.3 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and Clause 10.2 will apply.
7.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your health information. If so, this will have been stated in the description of the service on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.5 Reasons we may suspend the supply of services or membership to you. We may have to suspend the supply of a service or membership to:
(a) deal with technical problems or make minor technical changes;
(b) update the membership or service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the membership or service as requested by you or notified by us to you (see Clause 6).
7.15 Your rights if we suspend the supply of services or membership. We will contact you in advance to tell you we will be suspending supply of the service or membership, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for services while they are suspended.
7.16 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have paid for is faulty or misdescribed you may have a legal right to end the contract (a service re-performed or to get some or all of your money back), see Clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do,see Clause 8.2;
(c) If you have just changed your mind about the service or membership, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any services you have used;
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to our membership or these terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the service you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running
8.5 How long do I have to change my mind (if you are a consumer)? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, a consultation with a professional advisor)? If so, you have 14 days after the day we or they email you to confirm we or they accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you changed your mind about your membership? If so, you have 14 days after the day we have accepted your application to join our membership and received your first payment. Once this 14 day period has ended you cannot terminate this agreement for a period of 12 months from the date of your membership begins, to cancel your membership you must tell us in writing at least one month before the end of your membership year.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our website.
(c) By post. -Not applicable
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, health information;
(c) you do not, within a reasonable time, allow us access to your premises to supply the services.
11. IF THERE IS A PROBLEM WITH THE MEMBERSHIP OR SERVICE
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example [furniture or a laptop], the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Clause 8.3.
If your product is digital content, for example [a mobile phone app or a subscription to a music streaming service], the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also Clause 8.3.
If your product is services, for example [a support contract for a laptop or tickets to a concert], the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Clause 8.2.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
13.1 If you are a business customer we warrant that on delivery any products which are services shall:
(a) conform in all material respects with their description and any relevant specification;
(d) be fit for any purpose held out by us.
13.2 Subject to Clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in Clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in Clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with Clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this Clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under Clause 13.2.
14. PRICE AND PAYMENT
14.1 Where to find the price for the product. The price of the service with one of our professional advisors or counsellors (which includes VAT) will be the price indicated on their profile page. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services advertised may be incorrectly priced. We will normally check prices before accepting your booking so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your booking.
14.4 When you must pay and how you must pay. We accept payment with most credit and debit cards. When you must pay depends on what product you are buying:
(a) For membership, you must pay by direct debit monthly for continued access to our community.
(c) For services provided by our professional advisors and counsellors, you must pay for the session when you book the session. If you are eligible for a bursary outlined in clause 4.2, you must pay the amount for that session minus the amount of the bursary offered when you book the session.
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.6 What to do if you think a price is wrong. If you think a price is wrong please contact us promptly to let us know.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products [as summarised at Clause 11.2 OR including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed]; and for defective products under the Consumer Protection Act 1987
15.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us
15.5 We are not liable for business losses. We only supply the services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or consequential losses.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to Clause 16.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to [£[FIGURE] OR the greater of £[FIGURE]and [NUMBER IN WORDS] per cent ([NUMBER IN FIGURES]%) of the total sums paid by you for products under such contract].
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We are not obligated to agree. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.