Terms & Conditions
Welcome to PetMaks; Registered office address: Orwell Close 3, Hampshire, United Kingdom, SO 169 EP.
PetMaks
is an online retailer selling pet supplies including: food, accessories,
supplements.
Please read the
following terms and conditions carefully. By accessing and using the above
websites or placing an order over the phone you are agreeing to be bound to the
terms & conditions specified herein. PetMaks reserves the right to
amend these terms and you will be asked to confirm that you have read these
when you place an order with us.
You must be over
eighteen years of age to use this website and to make payments online.
Access
PetMaks
will try to make the website fully accessible to you at all times, but cannot
guarantee access. On occasion the website may not be available for a short time
while maintenance is carried out or for other preplanned reasons.
PetMaks
reserves the right to refuse access to the websites, terminate customer
accounts, disable any user identification code or password, remove or edit
content, or cancel orders at our discretion, at any time.
Security
If you choose to
create an account then you are responsible for maintaining the confidentiality
of that account & associated password. You must ensure that the password
remains confidential in order to prevent unauthorised access to your account.
You are responsible for keeping your password safe and secure, for not allowing
others to use your account and for any activity which is carried out under your
account. PetMaks will not be liable for any activity which occurs as a
result of your failure in this regard.
Accuracy of
content
PetMaks
makes every effort to provide accurate information regarding descriptions of
items for sale, prices, recommendations for use and all other matters on its
websites. Where permitted by law, PetMaks disclaims all warranties,
express or implied, as to the accuracy of information on this website or
anywhere else.
PetMaks
may provide information and advice, both on the website and by email. We will
try to ensure this is accurate and appropriate. Information supplied on the
websites named above, by email or phone call is not intended to replace the
advice you can obtain from your Vet. PetMaks will not be liable for any loss or
damage which results from the use of the website or the information it
contains. All product images are for illustrational purposes only.
Placement and
acceptance of orders
Orders can be
requested via the websites listed above, customer account facility or by
telephone. The contents of an order can be updated online at any time prior to
the order being processed in our warehouse. Orders cannot be changed once they
have been dispatched.
We reserve the
right to decline the acceptance of any order, or cancel an order, in full or in
part, for any reason at our absolute discretion. This applies up to the point
we dispatch your order.
Successful
placement of an order will trigger an ‘order confirmation’ email to be sent to
you. PetMaks only accepts the order and agrees the contract to supply at
the point of order dispatch (physical handover of the goods to the carrier.)
When your order has been dispatched you will receive an email confirming that
the order has been accepted and providing you with shipment tracking details
where relevant.
You warrant that
all information supplied by you to us during the order process is true and
complete to the best of your knowledge.
We offer
convenient and secure payment methods to make your shopping experience
seamless.
Available
Payment Methods:
Bank Cards:
We accept
payments with international and local bank cards, including: Visa, MasterCard,
Maestro, American Express.
Google Pay
– fast and easy payment with just one tap.
We offer fast and reliable delivery across the UK
through leading postal services.
Available Delivery Services:
Royal Mail – Standard and express delivery for small and
medium-sized parcels.
DPD – Fast courier delivery with real-time tracking.
All delivery terms and conditions are determined
by the carrier.
For Royal Mail please visit their official
website.
For DPD please visit their official website.
Orders will be
processed and dispatched as soon as possible. All orders and payments will be
screened for evidence of fraudulent activity. In some instances, this may cause
a delay in the dispatch of your order. Orders will be dispatched once all of
the items ordered are available. If there is a delay on a specific item, you
may be contacted to establish whether you would prefer to split the order or
wait for a single delivery. We endeavour to supply orders accurately, however
the responsibility remains with the purchaser and user of all products to
verify that the product is correct prior to use.
If your order
arrives damaged please contact our Customer Service team who will arrange a
replacement or refund as preferred. Damages or incorrect items should be
notified to us. We may ask you for photographs of any damages prior to
processing a claim. When you place an order, you may be asked for delivery
instructions including a ‘leave safe’ preference. Our couriers will follow
these instructions wherever possible.
Payment will be
taken at the time of requesting the order (not at the point of dispatch). All
items are offered for sale subject to availability. We aim to dispatch all
orders within 3 days of receiving payment.
Lost in
transit - For all orders, regardless of delivery method, you must
report missing items to us within 35 days of the date of dispatch.
Incorrect
Address - you are responsible for entering your full postal address
correctly, and selecting it on each order. PetMaks takes no
responsibility for missing items that have been sent to an incorrect, old or
inaccurate address.
If delivery is
likely to be subject to undue delay, we will contact you by email. You will
have the option of a full refund in this case, or of waiting for availability
(this might be due to a manufacturer or other reason beyond our control).
Delivery to some addresses may carry a higher delivery charge for certain
items. This will be displayed prior to making payment.
Use of Goods
Purchased
You warrant to
us and guarantee that before you use anything purchased from us, you will:
-
Check to see that the goods delivered match those which you ordered.
-
Read any information on our website and supplied with the order regarding the
correct use of the product.
-
Ensure that you understand all such product information.
-
Ensure that you are competent and legally allowed to use the products safely.
-
Ensure that you follow any advice you have been given by your Vet regarding
dispensation.
Contact us if
you are unsure about anything before using any products.
In accordance
with The Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013 you are entitled to cancel an order and receive a full refund
up to 14 calendar days after you receive the item from us. This applies even if
you change your mind and no longer want an item. The refund will not include
the minimum postage costs you could have chosen when placing your order. You
are responsible for the cost of returning the item to us. You must notify us of
your intention to cancel the order and you must return the item to us by
recorded delivery within 14 days of notifying us. We will then refund your
money within 14 days of receipt of a returned item. It is your duty to take all
reasonable care of any items to be returned, including their packaging, up
until the time we receive them back from you. Any damage will result in us
being unable to refund part or all of the money you have paid.
Items that
cannot be returned
Perishable items
i.e. temperature controlled food/medication
Medication - due
to regulatory law, we cannot accept the return of any medication, including
licensed and prescription items
Items that have
been opened/used (unless found to be faulty.)
The 14 day limit
to request a refund does not apply to any item which is faulty, unfit for
purpose, or not as described at the time you placed the order. For damaged and
faulty items, you have 30 days to arrange a return/refund.
For all items
returned after the 14-day period, you are asked to provide a written
explanation of the reason for the return. Returned items in this circumstance
may or may not be due a full refund, depending on the circumstances. (For
example if you used an item for a while before it broke, you may have to bear
some of the cost for the period of time you were able to use it.) In normal
circumstances, the limit of our liability for compensation for orders which are
delayed or do not arrive at all, will be the value of the order placed. You
will not be due for any additional compensation (for instance if you decided to
take time off work to receive the order).
Other
Websites
There may be
links or references to or from other websites and sources of information on
this website. These can be provided where we think they might be of interest or
useful to you. PetMaks has no control over them and so accepts no
responsibility or liability for their content. The links do not imply any
endorsement of any kind.
PetMaks
is committed to protecting your privacy and promises only to use information
collected about you in accordance with our Privacy Policy below:
WHO WE ARE
We are PetMaks
(“PetMaks ”, “we”, “us”, or “our”), Registered office address: Orwell
Close 3, Hampshire, United Kingdom, SO 169 EP.
WHAT
INFORMATION WE COLLECT
-
When you place an order with us, or interact with our websites we may ask you
for certain information and you may submit personal data to us (for example
your name, phone number, postal address, email address, contact and bank /
credit card details).
-
We may also record which products you are interested in (browse history) and
which products you purchase as well as customer traffic patterns and site use.
-
Some examples of how information may be collected by us:
- Information
you provide us: we receive and store information that you submit when using
our website or that you provide us in any other way (for example by email or
telephone). This information may be provided when ordering from us (via our
website or by telephone); entering competitions; registering an account on our
website; accessing your account; querying order status; or by submitting
text/photo/video reviews of us and our products.
- Information
automatically provided: we receive, process and store certain information
whenever you interact with our website. Like many websites, we use “cookies”
(see the ”Cookies” section below) and obtain certain information automatically
when your web browser accesses our website. Information automatically received
by us includes the IP address that your computer uses to connect to the
internet; your computer, browser, operating system and internet connection
details; purchase history ; clickstream/path analysis of your journey through
our website; and products you searched for. We may also use software tools to
measure and collect session information, length of visits to certain pages,
repeat visits and page interaction information (such as clicks).
- Email
communications: to help us make our email newsletter more useful and
interesting for our customers we attempt to receive a confirmation when you
open and click on email newsletters from us (if your email software/service
supports this option). If you no longer wish to receive email newsletters,
please see the section below entitled ‘your rights’.
- Telephone
calls: We regularly monitor and record telephone calls for training
purposes and to improve the quality of our service to you.
- Information
from 3rd parties: we may receive information about you from other sources
and add this to our account information. For example, we update address
information using data from third parties.
HOW WE USE
THIS INFORMATION
-
Information is kept securely in accordance with our internal security policy
and may be used to:
-
process and deliver your order via the services of our nominated fulfilment
partner/carrier ; by placing an order you are giving permission to pass on the
necessary details to our nominated fulfilment partner/carrier to enable delivery
of your order. In order to dispatch your order, we will pass only the necessary
data to the appropriate carrier for delivery & tracking;
-
provide customer support services to you;
-
provide you with an up to date, efficient, and reliable service;
-
help prevent fraud (e.g. we may check payment card details with our credit
agency, who may keep a record of that information, and reserve the right to
refuse orders on that basis.
-
open and run your customer account;
-
administer prize draws;
-
provide a more personal shopping experience.
By placing an
order over the website or by phone, accepting the terms and conditions and/or
submitting your data to us you agree to this use. This meets the EU conditions
for lawful processing and enables us to enter into and fulfil the contract of
sale with you the data owner.
DATA SECURITY
-
We use SSL to encrypt all data sent from you to us and us to you. This protects
your personal, card and other data from being read by others in transit.
-
Where we have given you (or where you have chosen) a password which enables you
to access certain parts of our website, you are responsible for keeping this
password confidential. We ask you not to share a password with anyone.
-
Unfortunately, the transmission of information via the internet is not
completely secure. Although we will do our best to protect your personal data,
we cannot guarantee the security of your data transmitted to our site; any
transmission is at your own risk. Once we have received your information, we
will use strict procedures and security features to try to prevent unauthorised
access.
-
We will engage selected system support partners from time to time as required
in order to support and maintain our website’s security and integrity of data.
Data may be transferred as required to fulfil the purpose of the engagement
WHO ELSE MAY
SEE YOUR DATA
-
In order to fulfil your order we may need to disclose some of your information
to our delivery partners including but not limited to; Royal Mail, DPD.
-
PetMaks and associated brands have engaged Stripe to act as it’s payment
gateway provider. Stripe host the payment field on our website’s which means
they collect full payment details and manage the entire payment process. PetMaks
and associated brands do not store full payment details at all, but receive
partial payment details back from Stripe for internal tracking only, it is not
possible to process a payment with the details received back.
-
We may disclose your personal information to third parties:
-
In the event that we sell or buy any business or assets, in which case we may
disclose your personal data to the prospective seller or buyer of such business
or assets.
-
If we or substantially all of our assets are acquired by a third party, in
which case personal data held by us about our customers will be one of the
transferred assets.
-
If we are under a duty to disclose or share your personal data in order to
comply with any legal obligation, or in order to enforce or apply our terms and
conditions and other agreements; or to protect our rights, property, our safety,
or the safety of our customers or others. This includes exchanging information
with other companies and organisations for the purposes of fraud protection and
credit risk reduction.
THIRD PARTY
LINKING
-
Our site may, from time to time, contain links to and from the websites of our
partner networks, advertisers and affiliates. If you follow a link to any of
these websites, please note that these websites have their own privacy policies
and that we do not accept any responsibility or liability for these policies.
Please check these policies before you submit any personal data to these
websites.
YOUR RIGHTS
Under the terms
of this policy and in accordance with the GDPR legislation you have the
following rights as regards your personal data:
- Right
to be informed – you have the right to be informed of the collection
and use of your personal data. Our privacy policy is a core part of satisfying
this right.
- Right
of access - you have the right to know what personal data we have
collected and what we intend to do with the data. The ways we may use your data
are listed above in the section entitled ‘How We Use This Information’.
- Right
to withdraw consent to marketing or any data processing - you have the
right to withdraw your consent to PetMaks using your data in all or
specific ways. You can opt out of marketing communications at any time by
selecting the option on your customer account under marketing preferences.
There is also an ‘unsubscribe’ link contained at the end of every email communication.
If you choose to withdraw all consent to any processing or usage of personal
data then please be aware that we will be unable to fulfil your orders. We
require your consent to process and dispatch your order and specifically
request this consent through a check box at the point of order placement.
- Right
to rectification- if you believe that the information we hold about you may
be incorrect then you have the right to request that is updated and amended.
Please use your customer account to complete any changes
- Right
of erasure - you can choose what personal data you wish us to hold and
have the right to remove this data in full or in part at any time. You can
update your customer account data
- Right
to be forgotten - you have the right to request that any personal data
that could be used to identify you and that is held by PetMaks is
permanently erased.
- Right
to object to automated decision making- PetMaks uses automation for
some order processing for example; fraud checking of orders. If you wish to
object to automation of this data processing then please be aware that we may
not be able to process your order.
- Consent -
PetMaks will specifically request your consent to use your personal data
in the following ways:
-
When placing an order we will request your acceptance of our terms and
conditions and consent to use the data you have provided to fulfil your order.
In line with the core GDPR principle of Minimisation, PetMaks will only
collect the data required to support and fulfil your order, if you choose not
to give your consent then we will not be able to process your order.
-
When creating a customer account and placing an order we will offer you the
opportunity to opt in to our marketing offers & emails with your specific
animal preferences. You may opt out of marketing communications at the point of
account creation or at any subsequent time by selecting/deselecting the boxes
in your customer account/email preferences.
-
As well as the option to receive emails from PetMaks, we also offer an
opt-in for our partner companies to send you marketing and special offers.
RETENTION OF
DATA
PetMaks has
reviewed all of its legal obligations and determines the following pieces of
statute are applicable to data retention:
-
Veterinary Medicines Regulations
-
Companies Act 2006
-
HMRC Record Keeping Requirements
Based on this
review, prescriptions/medical records will be kept for five complete financial
years and adequate financial records will need to be kept for six complete
financial years. To maintain adequate financial records, details of customer
orders and supporting information will need to be kept.
After these
periods, all Personally Identifiable Information will be removed.
WHERE WE
STORE YOUR PERSONAL INFORMATION
-
The primary location for data stored by PetMaks and used for the
processing of orders is in the UK where only authorised personnel have access
to the data.
-
The information that we collect from you may be transferred to, and stored at,
a destination outside the European Economic Area (“EEA”). It may also be
processed by staff operating outside the EEA who work for us or for one of our
suppliers. Such staff maybe engaged in, among other things, the fulfilment of
your order and the provision of support services. By submitting your personal
information, you agree to this transfer, storing or processing. We will take
all steps reasonably necessary to ensure that your data is treated securely and
in accordance with this privacy policy.
COOKIES
-
Cookies are a technology which can be used to provide you with tailored
information from our website. A cookie is an element of data that our website
sends to your browser, which may then store it on your system. You can set your
browser to notify you when you receive a cookie, giving you the chance to
decide whether to accept it.
-
If you do not wish for us to use cookies when you use our website please adjust
your internet browser settings to not accept cookies. Please note that cookies
allow you to take full advantage of the services we provide through our website
and so we recommend that you leave them turned on in order to get the best
browsing experience on our website.
-
We use the cookies for the following purposes:
-
site administration;
-
operation of our website. These include, for example, cookies that allow you to
log into our website or use the website’s shopping basket;
-
recognise and count the number of visitors and to see how visitors move around
our website when they are using it. This helps us to improve the way our
website works, for example, by ensuring that users are finding what they are looking
for easily;
-
completing the user’s current activity;
-
reviewing browsing history in order to recommend more suitable products and
more relevant marketing email communications;
-
Our websites use cookies to keep track of how you use the shopping cart. This
information may be used to offer assistance if you seem to be having problems,
or to send special offers that relate to the products viewed, or to help us
improve the Website. We will not sell the information to third parties;
-
research and development.
-
Please note that third parties (including, for example, advertising networks
and providers of external services like web traffic analysis services) may also
use cookies, over which we have no control. These cookies are likely to be
analytical/performance cookies or targeting cookies.
-
To find out more about cookies including how to manage your cookie settings,
please visit www.allaboutcookies.org.
MARKETING
COMMUNICATIONS & OTHER TECHNOLOGIES USED
The following
list is not exhaustive but contains PetMaks and associated brands
current core partners:
- Newsletter -
When ordering from PetMaks, and creating your customer account, entering
competitions or otherwise interacting with us we will give you the opportunity
to subscribe to our email newsletter. You may opt in and out of marketing
communications at the point of account creation or at any subsequent time by
selecting/deselecting the boxes in your customer account/email preferences.
- Fresh
Relevance Website - This website stores information about your
account, your orders, and products which interest you. Personal data may be
used to send triggered emails, such as cart abandonment and to personalize
marketing, for example, to suggest products related to your previous purchases.
It may also be used to send you special offers and product news by email.
- Facebook
Advertising – We use Facebook Custom Audiences, Facebook Pixel and
Facebook Adverts. When you visit our websites, remarketing tags are used to
create a direct connection between your browser and the Facebook servers.
Facebook will recognise that your IP address has visited our websites and
connects this information to your Facebook user account so that it can display
relevant Facebook adverts.
- Google
Analytics - Our websites use Google Analytics, a web analytics service
provided by Google, Inc („Google“). Google Analytics uses cookies – files which
are stored on your computer and which allow an analysis of your use of the
website. The information generated by these cookies is generally transferred to
a Google server in the USA and stored there. This site uses IP anonymisation,
meaning that your IP address is abridged within the European Union and any
contracted states in the European Economic Area before it is sent to the USA.
Only in exceptional cases with the full IP address be transferred to the Google
server then abbreviated there. Google uses this information on behalf of the
website owner to analyse your use of the website, compiling reports on website
activity and to provide other services related to website usage and internet
usage for the website operator. The IP address provided by your browser as part
of Google Analytics will not be merged with other Google data. You can prevent
cookies from being saved by setting your browser software accordingly. However,
this may result in your not being able to fully utilise all the functions on
our websites.
- Google
Adverts - Our websites use Google Remarketing, a service provided by
Google to integrate advertisements into websites. For this purpose, information
about your browsing behaviour is collected anonymously when you visit our
websites and stored on your computer with the help of cookies. This information
helps third-party advertisers such as Google to display appropriate ads on web
pages.
CHANGES TO
OUR PRIVACY POLICY
-
Any changes we may make to our privacy policy in the future will be posted on
this page and, where appropriate, notified to you by e-mail. Please check back
frequently to see any updates or changes to our privacy policy.
Legal matters
All rights,
including copyright, in the content of these web pages are owned or controlled
by PetMaks. 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 web pages for any other purpose whatsoever without the
prior written permission of PetMaks.
If you have any
queries, comments or complaints in regard to any aspect of your order or the
contents of this web site, please contact us in writing and we will try to
resolve the matter to your satisfaction as efficiently as possible.
PetMaks
has taken care in the preparation of this website. No warranty of any kind
exists regarding its content. PetMaks shall not be liable for any losses
or claims arising directly or indirectly from use of this website or associated
media.
PetMaks
's liability under contract will only cover losses which could reasonably be
foreseen as consequences of breach of contract. Our total liability under
contract (including our negligence or breach of our statutory duty,
misrepresentation, or any other matter) will not exceed three times the amount
paid for the products under that contract. PetMaks will not be liable
for any indirect, incidental or consequential damages, or any losses or
expenses, which arise because of, or in connection with, the contract.
As far as
permitted by law, PetMaks expressly excludes all conditions, warranties
and other terms which might otherwise be expressed or implied by any means.
You hereby agree
to fully indemnify us for any costs, proceedings, losses, claims, damages,
actions, expenses (including reasonable legal costs and expenses), or
liabilities, suffered or incurred by us through your improper use of this
website, your breach or failure to observe these conditions or any contract
made, or in relation to any claim which may be brought against us by a third
party in relation to your use of our website.
If any delay or
failure to comply with our obligations under these conditions arises from any
cause that is beyond our reasonable control, we will not be held responsible
for that delay or failure.
All contracts
are deemed to be made in England and governed by English law. Any disputes
arising in connection with any purchases made from PetMaks and any other
use of this website will be subject to the exclusive jurisdiction of the
English courts.
Nothing within
these terms and conditions, or elsewhere on the website, will affect your
statutory rights and will only apply to the extent permitted by law. If any
provision or term on this website becomes or is declared illegal, invalid or
unenforceable for any reason, that term or provision shall be divisible from
all other terms and conditions and shall be deemed to be deleted from them.
These terms and conditions were updated on 17th July 2023 and replace all other
terms and conditions.
If PetMaks
is liable to you for any reason, liability will be limited to either £1,000 or
three times the amount paid by you for the product or service concerned,
whichever is the lower. This limit does not apply to any liability we may have
for death or personal injury resulting from our negligence or for our
fraudulent misrepresentation.
Deals,
Discounts and Special Offers
From time to
time PetMaks will offer products for sale at less than the regular
price. There may be a specific condition which will apply in order to receive
the discount. This might involve setting up a regular purchase, buying multiple
items at one time. PetMaks has complete discretion to withdraw any deal
or offer for any reason at any time and may change the pricing of products
without prior notification to customers.
Product
Reviews
By leaving a product review on PetMaks you are agreeing to our use of the review in any way without any compensation to you. Product reviews should be true, accurate, current and be about the product in question not about our service. We reserve the right to edit, adapt, modify or delete the product review.