Your terms and conditions of use
The site is owned and operated by Phytopet (the trading name for Herbal Remedies for Animals Ltd Pensarn Farm, Sardis, Pencaenewydd, Pwllheli, LL53 6DJ), Registered number:6676370 (England and Wales).
The following terms and conditions (the “Terms”) apply to your use of the Phytopet website (our “Website"). If at any time you do not wish to accept the Terms, you may not use the Website. Phytopet reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Website. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms once posted on the Website. Whilst Phytopet will endeavor to inform you when modifications arise, it is not obliged to do so and your continued use of the Website will be deemed acceptance thereof. By using the Website you signify your acceptance of the Terms:
Accuracy of content:
Phytopet has taken every care in the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been correctly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this Website. All prices are displayed inclusive of any applicable sales tax. To the extent permitted by applicable law, Phytopet disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. Phytopet shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.
The Website and its content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Phytopet further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. Phytopet does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and Phytopet is not liable for any damage you may suffer as a result of such destructive features. Phytopet shall not be held responsible for content provided by third parties. Phytopet is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website. These Terms do not affect your statutory rights or your legal rights as a consumer.
While Phytopet has made every effort to ensure that the information contained on the Website is up to date and accurate, Phytopet does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. Phytopet is not responsible for any errors, or for the results obtained from the use of this information. Where Phytopet is advised that information is incomplete or inaccurate Phytopet will amend the information on the Website. All information on the Website is provided 'as is', with no guarantee of completeness, accuracy or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Phytopet or its partners, agents or employees be liable to users or anyone else for any decision made or action taken in reliance on the information on the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages.
To register with Phytopet you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
When you register to use the Website you will be asked to create a password. You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Phytopet shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Links to other websites
Phytopet has placed links on this Website to other websites we think you may want to visit. Phytopet does not vet these websites and does not have any control over their contents. Phytopet cannot accept any liability in respect of the use of these websites.
The content of the Website is protected by copyright, trade marks, database and other intellectual property rights. All rights, including copyright, in the content of these Phytopet web pages are owned or controlled for these purposes by Phytopet. In accessing Phytopet web pages, you agree that you may only download the content for your own personal non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of these Phytopet web pages for any other purpose whatsoever without the prior written permission of Phytopet.
No licence is granted to you in these Terms to use any trade mark of Phytopet or its affiliated companies including, without limitation, the trade mark Phytopet
Exclusions of liability:
You acknowledge that your use of the Website is at your own risk. If you are dissatisfied with the Website, the Terms or any of the content your sole remedy is to discontinue use of the Website. In no event will Phytopet be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Phytopet have been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you. Phytopet shall not be liable for any loss or damages whatsoever due to inability to access the Website.
Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Phtopet or any of its employees or agents; fraud or fraudulent misrepresentation; any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; defective products under the Consumer Protection Act 1987; or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
You agree to indemnify, defend, and hold harmless each of Phytopet its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Phytopet, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Phytopet, its employees, representatives, suppliers, or agents is based on or arises in connection with:
(i) your use, or use by someone using your computer or your account, of the Website;
(ii) any breach by you, or by someone using your computer or your account, of the Terms;
(iii) a claim that any use of the Website by you, or by someone using your computer or your account: (a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or (b) is libellous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or (v) any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer or your account.
You agree to pay Phytopet, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
Other legal notices:
There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website. These terms and conditions, any document expressly referred to in them and any other legal notices on this website constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any order. We each acknowledge that, in entering into an order, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
Events outside Phytopet's control:
Phytopet will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and (f) the acts, decrees, legislation, regulations or restrictions of any government. Phytopet's performance under an order is deemed to be suspended for the period that the Force Majeure Event continues, and Phytopet will have an extension of time for performance for the duration of that period. Phytopet will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under an order may be performed despite the Force Majeure Event.
If Phytopet fails at any time to insist upon strict performance of any of your obligations under an order or any of these terms and conditions, or if Phytopet fails to exercise any of the rights or remedies to which Phytopet is entitled under these terms and conditions, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by Phytopet of any default will not constitute a waiver of any subsequent default. No waiver by Phytopet of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Local Laws and Regulations:
The Website is not directed at any person or company in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website. Phytopet does not represent that either the Website or the content are appropriate for use or permitted by local laws in all jurisdictions.
Phytopet make no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations. Those who choose to access this site from other locations or purchase medicines are responsible for compliance with local laws if and to the extent local laws are applicable. Phytopet will not be liable for any breach by you of any such laws.
If you order products from the Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that Phytopet has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Law, jurisdiction and language:
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
These Terms do not affect your legal rights.