GENERAL TERMS, DEFINITIONS AND SCOPE
1. GENERAL TERMS
These Terms & Conditions ("Terms") govern the use of the Paws Garden online store and the purchase of products through our website.
By accessing our website, browsing our products or placing an order, you agree to comply with these Terms. Before completing a purchase, customers should review these Terms together with the product information, pricing, delivery information and any other conditions presented during the purchasing process.
These Terms are intended to provide clear information about the contractual relationship between Paws Garden and its customers, including the general conditions applicable to purchases, orders and the use of our online services.
Nothing in these Terms is intended to remove or restrict any consumer right that cannot legally be excluded under applicable UK law. Where a mandatory legal requirement conflicts with a provision of these Terms, the mandatory legal requirement will prevail.
Paws Garden aims to maintain contractual terms that are fair, transparent and understandable. UK consumer law places restrictions on unfair terms in consumer contracts, and certain unfair terms may not be binding on consumers. UK Government – Unfair contract terms
2. DEFINITIONS
For the purposes of these Terms, the following definitions apply:
"Paws Garden", "we", "us" or "our" means the business operating the Paws Garden online store and supplying products to customers.
"Website" means the Paws Garden online store and its associated webpages, product pages, checkout pages and other online services.
"Customer", "you" or "your" means any person accessing the Website or purchasing products from Paws Garden.
"Consumer" means an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession, where that definition applies under UK consumer legislation.
"Product" or "Products" means any goods or merchandise offered for sale through the Website.
"Order" means a request submitted by a customer to purchase one or more Products.
"Contract" means the legally binding agreement between Paws Garden and the customer relating to the purchase and supply of Products.
"Third-Party Supplier" means a manufacturer, wholesaler, distributor, fulfilment provider or other independent business involved in sourcing, manufacturing, storing or supplying Products.
"Fulfilment Partner" means a third party that may process, package or dispatch an Order on behalf of Paws Garden.
"Statutory Rights" means legal rights and protections granted to customers under applicable legislation and which cannot lawfully be excluded by contract.
3. SCOPE OF THESE TERMS
These Terms apply to the use of the Paws Garden Website and to purchases made through our online store.
The contractual information applicable to a purchase may include these Terms together with:
- the relevant Product description;
- the price displayed at the time of purchase;
- applicable delivery information;
- payment information;
- promotional conditions, where applicable; and
- other information provided to the customer before completing the purchase.
Customers should therefore consider all information presented during the purchasing process before submitting an Order.
Paws Garden aims to ensure that important information relating to a purchase is presented clearly and is not intentionally concealed or made unnecessarily difficult to understand.
For online and distance sales, UK law requires businesses to provide consumers with certain information before a contract is completed, including relevant information concerning the goods, price, delivery and cancellation rights. UK Government – Online and distance selling
4. CONSUMER CONTRACTS
Where a customer is acting as a consumer, these Terms operate subject to applicable UK consumer protection legislation.
Consumer contracts are subject to specific legal protections. Under the Consumer Rights Act 2015, certain terms may be regarded as unfair where they create a significant imbalance between the rights and obligations of the parties to the detriment of the consumer.
Paws Garden does not intend to rely upon contractual provisions that unlawfully restrict a customer's statutory rights.
For example, statutory protections relating to the quality, description and suitability of goods cannot simply be removed through a clause stating otherwise.
Where applicable law provides a customer with a right or remedy that cannot legally be excluded, that right remains available regardless of whether it is expressly repeated in these Terms.
5. TRANSPARENCY
Paws Garden aims to make these Terms reasonably clear and accessible to customers.
Important conditions relating to a purchase should be presented in a manner that allows an ordinary customer to understand their practical effect before entering into the contract.
The use of legal terminology does not change the requirement for consumer terms to be transparent.
We will not intentionally use hidden conditions, misleading wording or unclear contractual provisions for the purpose of preventing customers from understanding important rights or obligations.
Where an important condition applies specifically to a Product, promotion or transaction, we aim to provide that information before the customer completes the purchase.
6. CUSTOMER INFORMATION
Customers are responsible for providing accurate information when placing an Order.
This may include their name, delivery address, email address, payment information and any other information reasonably required to process the purchase.
Customers should review their information before completing an Order and should notify Paws Garden promptly if they discover an error.
Paws Garden may rely on information supplied by the customer when processing and delivering an Order, subject to any rights and remedies available under applicable law.
Providing inaccurate information does not automatically remove a customer's statutory rights, particularly where the relevant issue was caused by Paws Garden or a party for whom Paws Garden is legally responsible.
7. THIRD-PARTY FULFILMENT
Paws Garden may use third-party suppliers and fulfilment partners as part of its supply and delivery arrangements.
A Product may therefore be sourced, stored, packaged or dispatched by a third party and may, in certain circumstances, be shipped directly to the customer from a fulfilment location.
The use of third-party fulfilment does not, by itself, alter the customer's contractual or statutory rights.
Where Paws Garden is the trader responsible for the sale, customers may contact Paws Garden regarding their order, including matters relating to returns, refunds, defective products or other consumer remedies.
Customers are not expected to manage Paws Garden's internal supplier relationships in order to exercise their legal rights.
8. CHANGES TO THESE TERMS
Paws Garden may update these Terms when reasonably necessary, including where there are changes to legislation, business operations, website functionality or customer services.
The version of these Terms applicable to an existing purchase will generally be the version applicable when that purchase was made, subject to mandatory legal requirements.
Changes made after a contract has been formed will not automatically alter the customer's existing contractual rights or obligations.
Updated Terms may apply to future purchases and future use of the Website once they have been published.
9. SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary where legally possible.
If the provision cannot lawfully be applied, it will be treated as unenforceable to the relevant extent without automatically affecting the remaining provisions.
The purpose of this clause is to ensure that an issue affecting one provision does not unnecessarily invalidate the remainder of the Terms.
10. GOVERNING PRINCIPLE
These Terms are intended to establish a fair and transparent contractual framework between Paws Garden and its customers.
They should be interpreted consistently with applicable UK consumer protection legislation and other mandatory laws relevant to the transaction.
Nothing in these Terms is intended to:
- exclude rights that cannot legally be excluded;
- mislead customers about their legal rights;
- prevent customers from exercising statutory remedies;
- create unreasonable contractual obligations; or
- transfer legal responsibilities to customers where such a transfer is not permitted by law.
Where mandatory legislation provides a different requirement from these Terms, the applicable legislation will take priority.
By placing an Order with Paws Garden, customers acknowledge that they have been given an opportunity to review the applicable contractual information before completing their purchase.