1. This website is operated by The Happy Mutt Nut Company (THMNC). THMNC operates this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.1 Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
1.2 This website www.happymuttcompany.com is owned and operated by THMNC..
1.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and conditions
2.1 The “Company” or “THMNC” means The Happy Mutt Nut Company.;
2.2 “Website” means this website www.happymuttcompany.com
2.3 “Registered Office” means the registered office of the Company;
2.4 “Terms and Conditions” means theses Terms and Conditions hereinafter referred to as T&C’s;
2.5 “Terms of Service” means our T&C’s.
2.6 “Our Service” means the products and services offered on our website.
2.7 “Doggie Dipper(s)” means the box(es) containing Doggie Dipper Dog Trays or Cups Treats as described on the website from time to time;
2.8 Dip n Bitz means the box containing Dipin N Bitz Dog Treats as described on our website from time to time.
2.9 “Peanut Butter: means the box(es) containing Peanut Butter Dog Treats as described on the website from time to time.
2.10 “Products” means those products referred to at points 2.7, 2.8, and 2.9above;
2.11 “Dog Treats” means those Dog Treats as described on our website from time to time;
2.12 “UK”. means England (including the Scilly Isles and the Isle of Man), Wales, Scotland (including Highlands and Islands) and Northern Ireland.
2.13“One Off Purchase” means the purchase of any Product not using the subscription service.
2.14 “Subscription Service” means the purchase of products from the website not being a “One Off Purchase”;
2.15 “Postal Service” means The Royal Mail
2.16 “ Postal Service Area” means the are covered by the Postal Service and as set out at 1.9 above;
2.18 “User Account” or “Account” means the account set up by the user to purchase products under a subscription service as defined at point 2.13 above;
2.19 “Subscribe and Save” or Subscribe & Save” means the subscription service offered on the website as set out as clause 8 below.
3. Acceptance of Our Terms and Conditions:
3.1 By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by our T&C’s, including those additional T&C’s and policies referenced herein and/or available by hyperlink. These T&C’s apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
3.3 Any new features or tools, which are added to, the current store shall also be subject to the T&C’s. You can review the most current version of the T&C’s at any time on this page.
3.4 Our store is hosted by a 3rd party who provide us with the online e-commerce platform that allows us to sell our products and services to you.
3.5 We reserve the right to change these T&C’s without notice and at our sole discretion. Your use of this website (as at points 1.1, 3.1 and 3.2 above) is referable to the current version and when any such changes are made to our T&C’s you agree to be bound by the current version as displayed on the website or notified to your from time to time.
4. Use of Our Website:
4.1 All content on this website including (but not limited to) the programming, content and software is our Property. Use of this website is restricted to personal use and or non-commercial use only. You are not permitted to upload, copy modify, reproduce, reverse engineer or any way harm or remove either programming, software or content from the website (save where permitted by law) without the prior written consent of the Company.
4.2 You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the T&C’s will result in an immediate termination of our Services to you.
4.3 You agree not to use the website for illegal, harmful or immoral purposes. You agree to conduct yourself in an appropriate manner when using the website, and not to offend other users or the Company, its representatives, affiliates or third parties by your actions and or omissions when using the website.
4.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
4.5 You are solely responsible for the information contained in your account including (but not limited to) its accuracy and or relevance. Further, you are solely responsible for the confidentiality of your account including but not limited to your password and or personal details and information and for all activity undertaken with regard your account including but not limited to access to your account and or computers or other equipment able to access your account. To this end you agree not to hold the Company liable for any loss or damage that may result from your failure to ensure the confidentiality of your account.
4.6 Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
4.7 You are solely responsible for ensuring your computer systems meet all necessary technical specifications in order to allow you the use of our website and ensuring compatibility with the same.
4.8 We reserve the right to restrict access to all or part of the website to include content, features, services and or areas of the site from users who may or may not registered with us.
4.9 We endeavour to keep the information contained in our website up to date at all times save for that information contained in user accounts although this may not always be possible.
4.10 We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
4.11 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these T&C’s.
4.12 The information contained in this website is for general information purposes only.
5. Availability of Website:
5.1 We aim to provide fault free website offering a 24 hour access to all services. However, this may not always be possible and therefore we make no promises as to the availability of the website of the services thereon.
5.2 We may need to restrict access to the web site for repairs and or maintenance reasons amongst others. We will endeavour to give notice of any such planned repairs or works but cannot promise to do so in all cases.
6. Intellectual Property:
6.1 We are the owner or the licensee of all intellectual property rights in our website, whether registered or unregistered, and in the material published on it. Copyright laws protect these works and materials and all such rights are reserved. Nothing in these T&C’s or in the website should be construed as granting any licence or right to use any of our intellectual property displayed on the website. The Company enforces infringements of its Intellectual property rights to the fullest extent permissible by the law.
6.2 The works and or materials together with all other content on this website as set out a point 2.1 above, may not be copied, distributed, uploaded, posted, republished, decompiled, disassembled, reverse-engineered or transmitted in any way without the prior, written consent of the Company.
6.3 From time to time we may add a link to an external website that we do not control. These external links are for convenience only and do not imply that we endorse the web site and or its contents, policies, products and therefore take no responsibility for the same.
6.4 The company reserves the right to require you to remove a link to our website if we ask you to.
7. Registering and Account:
7.1 In order to purchase products from our website on a subscription basis you must first set up and account by completing the registration process on the website. By doing so you confirm the following:
7.1.1 You are UK resident;
7.1.2 You are over the age of 18;
7.1.3 You are an individual and are capable of entering into a legally binding contract and agree to be bound by these T&C’s;
7.1.4 If you are acting on behalf of a company, you are legally able to contractually bind that Company;
7.2 In addition to 7.1 above when signing up with us or making a one off purchase from the website you will need to provide the following information:
7.2.1 Your full name; 7.2.2 A valid current email address;
7.2.3 Your delivery address; and
7.2.4 Your payment details.
7.3 You warrant that all of the information you provide us when joining or purchasing from our website is true and accurate to the best of your knowledge and belief. You are solely responsible for ensuring the information in your account or which you provide to purchase products are correct, updated regularly and that you make any changes necessary to maintain the accuracy of the information.
7.4 You are responsible for any and all activities and purchases that occur under your account. If you suspect that anyone has obtained access to your account or you otherwise become aware of unauthorised activity or other security breach you must contact us immediately.
7.5 We may refuse or terminate a user account at any time for whatever reason at our sole discretion.
8. Subscription Purchases:
8.1 When you register to receive our Products on a subscription basis (as opposed to a one off purchase) you will automatically receive a new Product of your choice at regular intervals (as chosen by you). You may change the type and frequency of your Products by logging on to your account. Please see the FAQ section for more information.
8.2 Once you have successfully signed up, you will be able to manage your Products amounts and frequencies of delivery.
8.3 Your submission of an order amounts to an offer to purchase, once you have made the offer to purchase you cannot cancel your order save for as contained in these T&C’s.
8.4 We accept the order once you receive the confirmation of Order. If you do not receive this confirmation we have not accepted the order.
8.5 You choose the contents of the products.
8.6 To receive the benefits of Subscribe & Save, you agree to make a minimum of 6 purchases and deliveries (to an eligible address) without any breaks, pauses or cancellations of the subscription service.
8.7 Subscribe and Save customers will also be sent a free little treat box following the receipt of 8 paid for and delivered Subscribe and Save purchases where those purchases and deliveries to an eligible address without any breaks, pauses or cancellations of the subscription service.
8.8 The offer of a free little treat box under 8.7 above is subject to availability and where the products are unavailable (for any reason whatsoever) no cash alternative is offered.
8.9 The choice of the contents of the little Treat Box will be at the sole discretion of the company. In the event the customer requests a particular variety of products Company may in its sole discretion send alternative products as it see fit.
8.10 You may cancel your subscription at any time subject to these T&C’s and in particular 8.6, 8.7 above;
9. One Off Purchase- All Products:
9.1 Your submission of an order amounts to an offer to purchase, once you have made the offer to purchase you cannot cancel your order save for as contained in these T&C’s.
9.2 We accept the order once you receive the confirmation of Order. If you do not receive this confirmation we have not accepted the order.
9.3 You choose the contents of the mailer box or pouch box unless you choose the surprise me option in which case we will send you a randomly selected box based on the information you have provided. You choose the pouch or pouches you wish to purchase.
10.1 The price of our products is stated on our website from time to time. Prices stated include Vat and delivery.
10.2 If you subscribe to our service, you will be notified before each payment is taken.
10.3 Payment time and notifications may vary.
10.4 If your payment details change you are responsible for ensuring the information is correct t and up to date to avoid disruption to your service.
10.5 You agree not to hold us responsible for bank charges incurred due to payments on your account.
10.6 We reserve the right to change the fees or charges for our service at any time. We will notify you of any changes in this regard by giving you 30 days notice.
11. Delivery and Returns- All Products:
11.1 Our products can be delivered to anywhere in the UK see FAQ for details.
11.2 We do not deliver to PO Boxes or BFPO Boxes.
11.3 All Products are sent by Royal Mail and therefore delivered by your Postman.
11.4 We do not obtain proof of delivery.
11.5 Your order may be delayed for an number of reasons such as;
11.5.1 Your delivery address or location;
11.5.2 The time of day or night you make your selection and order;
11.5.3 Stock levels;
11.5.4 Circumstances affecting the postal services offered by Royal mail;
11.6 You agree not to hold us responsible for delays to the delivery of your products (mailer box or pouch box) outside of our control;
11.7 We reserve the right to use an alternative method of delivery at our sole discretion;
11.8 If the box or mailer box does not fit through your door and you are not in when the postman tries to deliver you products they should leave a card with information about re-delivery or collection.
11.9 Royal Mail will hold the box for 18 days before they return it to us. Please contact your local post office sorting office if you have received a card regarding missed delivery. It is your responsibility to arrange receipt of your products.
11.10 In the event the box or products don’t fit through your door and you are not at home when delivery is expected, please contact you local post office to enquiry whether they are holding it for you.
11.11 Mailer Boxes will normally fit through the door however, in the event that they do not, please see point 11.8 and 11.10 above.
11.12 Where you have followed the process of re-delivery above and or have been unable to locate your box or mailer box and provided you have reported to us online within five days of the expected date of delivery. We will, in the first instance (following ten business days from the last date the box or mailer box could be expected to have been delivered) credit you with fifty percent of the box or product on the basis that it may still turn up. If after a further 10 business days after the expiration of the initial ten business days the box or mailer boxes have not been delivered a further fifty percent credit shall be credited to your account.
11.13 We may cancel any order or any subscription for our products if in our sole discretion and or opinion we believe the Postal Service in your area is too unreliable.
11.14 Should you be unhappy with any or the Products you receive from us please contact us immediately via email email@example.com. We retain the right to request any faulty or damaged goods be returned to us by recorded delivery, which will be refunded, on receipt of a valid postal receipt. Once the products are inspected by us, if we agree the fault, a full refund for the goods will be credited to you. Nothing in this section affects your statutory rights.
11.15 Should you place multiple orders for our Products as a One Off Purchase we cannot guarantee all of the Products will arrive at the same time and they may be subject to delays outside of our control.
12.1 You can cancel the purchase of any Products prior to us taking payment for the Products. Please see the FAQ section for more information.
12.2 The above
12.1 is applicable to both subscription and one off purchase’s.
12.3 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
12.4 We further reserve the right to terminate or restrict the use our service for any reason whatsoever;
12.5 Due to the perishable nature of the Products we deliver, you do not have the right to cancel an order for the purchase of a box under the Consumer Contracts (Information, Cancellation and additional Charges) Regulations 2013.
14. Limitations on Liability:
14.1 Nothing in these T&C’s (including but not limited to this point 14) seeks to limit our liability for:
14.1.1 Fraud or fraudulent misrepresentation;
14.1.2 Death or personal injury caused by our negligence;
14.1.3 Breach of any obligations implied by s12 of the Sale of Goods act 1979 or s2 of the Supply of goods and Services Act 1982;
14.1.4 Part 1 Consumer Protection Act 1987; or
14.1.5 Any other liability that may not be limited or excluded by law.
14.1.6 None of the T&C’s affect your statutory rights.
14.2 Subject to point 14.1 above, you shall at no time hold the Company, its officers or employs liable for any business losses whatsoever howsoever arising.
14.3 Any liability as to losses you may suffer shall be strictly limited to purchase price of the Products and to losses that were foreseeable. Foreseeable means those losses foreseeable by you and us at the time we accepted your order.
15. Applicable Law:
15.1 These T&C’s are governed by the laws England and wales and shall be enforced and construed in accordance with the same.
15.2 In the event of a dispute, in relation to these T&C’s or any issue arising out of the use of the website or products and or services we provide are subject to the non exclusive jurisdiction of the courts of England and wales.
16.1 You agree we may assign any of our rights and or transfer, sub contract or delegate any or all of our obligations under these T&C’s. These T&C’s are personal to you and you may not assign any of your rights and or transfer, sub contract or delegate any or all of your obligations under these T&C’s
17. Non Transferability of Accounts:
17.1 Accounts created for us eon this site are non transferable and therefore may not be sold traded or in any other way used or utilised by any other or company.
18. No Waiver:
18.1 Any failure or delay by us to exercise or enforce any right available to us under these T&C’s shall not constitute a waiver of that right or any other rights under these T&C’s
19. Force Majour:
19.1 You will not hold us liable for any lack of performance, or unavailability of this website, or any services provided by the website or for any failure by us to comply with these T&C’s where the cause of the same is reasonably beyond our control.
20. Third Party Rights:
20.1 Nothing in these T&C’s confers any third party rights or benefits as per the provisions of the Contracts (Rights of Third Parties) Act 1999.
21. Entire agreement:
21.1 These T&C’s and any other documents or policies specifically referred to in them form the entire agreement between us.