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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.
Payment
All credit
and debit card transactions are carried out on a secure payment service
provider.
Delivery & Risk
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.
Returns and Refunds
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.
Privacy Policy
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, UPS, FedEx.
- 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 VioVet, 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.