Terms & Conditions
1. Who we are and how to contact us.
Petfix Club (“the site”) is a site operated by Petfix Care Limited (“we/”us””). We are registered in Ireland under company number 630253 and have our registered office at 1 Terenure Place, Terenure, Dublin 6w.
To contact us please email firstname.lastname@example.org
2. What these terms cover
2.1 These terms that govern:
(i) your access to, and use of the site,
(ii) Your access to and use of our paid subscription services
(iii) the purchase of products offered by us on this site.
(iv) Gift vouchers
2.2 If you access our site, purchase any products, subscribe for our paid subscription services and/or purchase a gift voucher you agree to comply with these terms and conditions. These terms and conditions form the basis of a contract between you and us.
2.3. Please read these terms carefully before your use our site, sign up for our paid subscription services or submit an order to us. These terms tell you who we are, how we provide our site, products, services and gift vouchers to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2.4. If you do not agree to these terms, you must not use our site or purchase products or services from us. We recommend that you print a copy of these terms for future reference.
- There are other terms that may apply to you.
3.1. These terms refer to the following additions terms, which also apply to your use of our site and the purchase of products and services from us and/or your purchase of a gift voucher ;
• Our acceptable use policy [insert link to acceptable use policy] which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this acceptable use policy.
• Our cookies policy [insert link to cookies policy], which sets out information about the cookies on our site.
- We may make changes to these terms
4.1. We amend these terms from time to time. Every time you wish to use our site or purchase a product or service from us please check these terms to ensure that you understand the terms that apply at that time.
- We may make changes to our site
5.1. We may update and change our site from time to time to reflect changes to our products, our services, our gift vouchers, our users’ needs and our business priorities.
- We may suspend or withdraw our site
6.1. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business or operational reasons. We will try to give you reasonable notice of any suspension or any withdrawal.
- We may transfer this agreement to someone else
7.1. We may transfer our rights and obligations under these terms and conditions to another organisation.
7.2. Our site is directed for people residing in Ireland. We do not represent that the content available on or through our site is appropriate for use or available in other locations.
- You must keep your account details safe
8.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose to any third party.
8.3. If you know or suspect that anyone other than you knows uses user identification code or password, you must promptly notify us at email@example.com.
- How you may use material on our site
9.1. We are the owner or the licencee or all intellectual property rights on our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2. You may print off one copy and download extracts, of any pages from our site for your personal use.
9.3. You must not modify the paper or digital copies of any material you have printed off or downloaded in any way, you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4. Our status and that of any identified contributors, as the authors of content on our site must always be acknowledged.
9.5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or licencors.
- Information on our site
10.1. The content on our site is general advice only. If you have a specific concern about your pet’s health you should contact your vet.
- We are not responsible for websites that we link to
11.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us for those linked websites or information you may obtain from them. We have no control over the content of those sites or resources.
- User generated content is not approved by us
12.1. This website may include information or materials uploaded by other users of the site, including to bulletin boards in chatrooms. This information of these materials have not been verified or approved by us. The views expressed by others on our site do not represent our views or values.
- How to complain about content uploaded by others
13.1. If you wish to complain about content uploaded by other users please contact us on firstname.lastname@example.org.
- Uploading content to our site
14.1. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy [insert link to acceptable use policy].
14.2. You warrant that any such contribution does comply with our standards and you will be liable to us and indemnify us for breach of that warranty. That means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
14.3. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights and your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in rights you are giving us to use your material you upload as set out in term 15 below. We also have the right to disclose your identity to any third parties who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
14.4. We have the right to remove any posting you make on our site, if in our opinion your post does not comply with content standards set out in our acceptable use policy [insert link to acceptable use policy].
14.5. You are solely responsible for securing or backing up your content.
14.6. We do not store terrorist content.
- Rights you are giving us to use material you upload
15.1. When you upload or post content on our site, you grant us the following rights to use that content;
a) you grant us a royalty free, perpetual, non-exclusive, worldwide licence to use any content uploaded on this site by you.
b) you also grant a royalty free, perpetual, non-exclusive licence to other users of our site to use that content.
- We are not responsible for viruses and you must not introduce them
16.1. We do not guarantee that our site will be secure free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform access to our site. You should use your own virus protection software
16.2. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that it malicious or technically harmful. You must not use or attempt to gain unauthorised access to our site, the server on which our site is stored or any other service computer or database in connection to our site. You must not attack our site via our denial of service attack or distributed denial of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with these authorities by disclosing your identity to them. In the event of any such breach, your right to use our site will cease immediately.
- Rules about linking to our site
17.1. You may link to our homepage, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.2. You must not establish a link in such a way as to suggesting for an association, approval or endorsement on our part where none exists.
17.3. You must not establish a link to our site in any website that is not owned by you.
17.4. Our site must not be framed by any other site, nor make you create a link to any part of our site other than the homepage.
17.5. We reserve the right to withdraw linking permission without notice.
17.6. The website in which you are linking must comply in all respects with the content standards set out in our acceptable use policy [insert link]. If you wish to link or make any use of content on our site other than as set out above please contact email@example.com.
- Paid Subscription Services
18.1. If you subscribe to access subscription content on our site (“Subscription Services”) then this clause 18 will apply, in additional to all other applicable terms set out in these terms.
18.2. In order to access the Subscription Services, you must register, set up an account and pay a subscription to gain access to the Subscription Services. The subscription fee is determined by us and is subject to change at any time at our sole discretion. Subscription to the Subscription Services is personal to you any may not be transferred or assigned.
18.3. By subscribing to the Subscription Services you agree to pay all fees and charges including all applicable taxes. In order to set up an account you must provide us with valid credit card/debit card information and by providing such information you agree to us and where applicable our data processors to bill all fees, charges and applicable taxes through that account as and when they become due. All queries regarding billing on your account must be raised to us within thirty days. All credit card/debit card details are entered on a secure page and are then securely processed.
18.4. You will be billed in euros. If we do not receive payment from the credit card/debit card issuer, you agree to pay all amounts due on your account upon demand. If we do not receive prompt payment for all fees, charges and applicable taxes you will be in default and we reserve the right to suspend your account and access to our Subscription Services without notice.
18.5. Subject to any right of withdrawal under applicable law, fees, charges and applicable taxes are non-refundable.
18.6. You may only subscribe to the Subscription Services on our site if you are eighteen years or over and are capable of entering into legal contracts.
18.7. In order to subscribe for the Subscription Services you must register and set up an account on the site and provide us with current valid payment method. The following payment methods are accepted [insert details]. For a monthly subscription you subscribe for a monthly subscription for access to the Subscription Services which will continue month to month and we will bill the monthly subscription fee to your payment method each month unless and until you cancel your subscription or it is terminated by us. For an annual subscription you subscribe for an annual subscription for access to the Subscription Services which will continue year to year and we will bill the annual subscription until you cancel your subscription or it is terminated.
18.8. For a monthly subscription your payment method will be billed each month on the calendar day corresponding to the commencement of your initial subscription for access to the Subscription Services in the event of a monthly subscription. For an annual subscription we will bill each year on the calendar day corresponding to the commencement of your initial subscription. In the event that there is no exact corresponding calendar day in a particular month (in the case of a monthly subscription) or year (in the case of an annual subscription) we will bill your payment method on the nearest possible corresponding calendar day.
18.9. If your subscription payment is not successfully settled within the billing period set out in term 18.8 above or you breach of any of the terms we reserve the right to terminate your subscription immediately.
18.10. You can cancel your subscription at any time. To cancel your subscription you need to send an email to firstname.lastname@example.org at least ten days in advance of your monthly (in the case of a monthly subscription) or annual (in the case of an annual subscription) billing date, which is calculated in accordance with term 18.8 above. You will continue to have access to the Subscription Services until the end of the monthly or annual billing period.
18.11. We reserve the right to decline to supply access to the Subscription Services to any individual or company.
18.12. We reserve the right to change the monthly or annual subscription fee at any time. We will give you 30 days’ notice of change to the fee. If you do not accept the change in fee you may cancel your Subscription Service by notifying us in writing ten days in advance of the next monthly billing or annual billing period, calculated in accordance with term 18.8 above and your right to access the Subscription Services will cease. In the event that we do not receive any cancellation within the time frame set out in this term 18.12 we will take it that you accept the new charges and you will be charged at the increased monthly or annual subscription on the next monthly or annual billing date, calculated in accordance with clause 18.8.
18.13. In the case of a trial period to the Subscription Services, the credit card/debit card details provided by you when signing up will be charged at the monthly or annual subscription charge, as applicable, once the trial period is over. If you do not want to remain a paying user you must cancel your account by emailing us at email@example.com 10 days in advance of the end of the trial period. A trial period is only available to use once per user.
- Sale of Products
19.1. If you order a product through our site then this term 19 in addition to all other terms set out in the terms (as applicable) will apply to that purchase. This term 19 deals with the purchase of products and does not apply to the purchase of Subscription Services.
19.2. If you order a product through our site 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 for the purchase of the product which you have ordered. If we are unable to accept your order we will inform you of this in writing and will not charge you for the product.
19.3. We will assign an order number to your order and tell you what that is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
19.4. Our site is solely for promotion of our products in Ireland. Unfortunately we do not accept orders or deliver to addresses outside of Ireland.
19.5. The images of the products for sale on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflect the colour of the product. Your product may vary slightly from those images. We do not warrant that the product descriptions are accurate, complete, reliable, current or error free.
19.6. The packaging of the product may vary to that shown in the image on our website.
19.7. If we are making the product to measurements you are responsible for ensuring that these measurements are correct.
19.8. If you wish to make any change to the product, 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 to the price of the product, the timing of supply or anything else which will be necessary as a result of your request to change and ask you to confirm whether or not you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
19.9. The costs of delivery will be as displayed to you on our website.
19.10. If our supply of the products is delayed by an event outside our control 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 products you have paid for but not received.
19.11. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
19.12. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.
19.13. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order 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 order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
19.14. We accept payment with Credit and Debit cards.
- Cancelling the Subscription Services/or Products
20.1. Exercising your right to change your mind (European Union (Consumer Information, Cancellation and other Rights) Regulation 2013. For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are explained in more detail in these terms.
20.2. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
a) digital products after you have started to download or stream these;
b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
c) products that are clearly personalised
d) products that are liable to deteriorate or expire rapidly; and
e) any products which become mixed inseparably with other items after their delivery.
20.3. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
a) Have you bought services ? If so, you have 14 days after the day we email you to confirm we 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 bought digital content for download or streaming? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
c) Have you bought goods? if so you have 30 days after the day you (or someone you nominate) receives the goods
20.4. 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) 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. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
20.5. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at 7-8 Parkway Business Centre, Ballymount Road Lower, Dublin 24, or (if they are not suitable for posting) allow us to collect them from you. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. You must return all products to us in unused condition.
20.6. When we will pay the costs of return. We will pay the costs of return:
a) if the products are faulty or misdescribed;
b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
20.7. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
20.8. 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.
20.9. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
20.10. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
20.11. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
20.12. 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.
20.13. You can cancel the Subscription Services in accordance with term 18.8 above.
20.14. 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:
a) If the products are goods your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
b) (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- Our rights to end the contract
21.1. We may end the contract if you break it. We may end the contract for a product or Subscription Services 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 3 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 or services to you,
c) you do not, within a reasonable time, allow us to deliver the products to you
21.2. We may withdraw the product, services (including Subscription Services). We will refund any sums you have paid in advance for products or services which will not be provided.
- If there is a problem with the product or services
22.1. How to tell us about problems. If you have any questions or complaints about the product or service, please contact us. Write to us at email@example.com and 7-8 Parkway Business Centre, Ballymount Road Lower, Dublin 24.
22.2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us. We will pay the costs of postage. Please email us at firstname.lastname@example.org for a return label or to arrange collection.
- Gift Voucher
23.1. The Petfix Gift Card is not a credit card, charge card, or cheque guarantee card. Valid Petfix gift cards may only be used as full or part payment for products on this website. Gift cards issued for the Subscription Services can only be redeemed to purchase Subscription Services.
23.2. Please see the reverse of the Petfix Gift Card for expiry date details, when any unused value will be lost. Validity can be extended in-store prior to expiry.
23.3. The gift card may not be exchanged for cash.
23.4. Any residual balance on the gift card following purchase of goods will remain on the gift card while the gift card is valid, to apply towards future purchases.
23.5. We expressly excludes all liability for lost stolen and damaged gift cards.
23.6. If you wish to cancel an order, written notice by email must be given within 14 after the day an item is received.
23.7. We will only offer a refund as long as Gift Cards are sent back in their original condition, are unused and unopened in their original packaging.
23.8. The cost of both original and return postage and packing shall be borne by the customer and deducted from any refund.
- Our responsibility for loss or damage suffered by you
24.1. 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.
24.2. 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 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.
24.3. We are not liable for business losses. We only supply the products 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.
24.4. We exclude all implied conditions, warranties and representations or other terms that may apply to our site or any content on it
- How we may use your personal information
- Other important terms
26.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
26.2. 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. However, you may transfer our guarantee we provide with our products to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. 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.
26.3. 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.
26.4. 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.
26.5. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Irish law and you can bring legal proceedings in respect of the these terms in the Irish courts