TERMS & CONDITIONS FOR THE SALE / PURCHASE OF A DOG
Dated: March 2019
1.1 What these terms cover. These are the terms and conditions on which we will sell a dog to you.
1.2 Why you should read them. Please read these terms carefully before you offer to purchase a dog from us. These terms tell you who we are, our responsibilities to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1 Who we are. We are Kelly’s Kennels Ltd a company registered in England and Wales. Our company registration number is 08410741 and our address is Brookside Farm Lady Lane, Croft, Warrington, WA3 7AY. Our registered VAT number is 156891960.
2.2 We are licensed. We are licensed and regulated by Warrington Borough Council. Our license number is BR01
2.3 HOW TO CONTACT US. You can contact us by telephoning or by emailing us at email@example.com.
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us at the time of order or at the time you registered your interest in purchasing a dog from us, if earlier.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 “Dog Information” means the information about a dog that we give to you before you choose to make an offer to purchase the dog, which includes the Dog Health Information and Future Health and Welfare Needs.
3.2 “Dog Health Information” means the information about the dog, including its age, sex, breed, life expectancy and veterinary records, and information about its biological parents..
3.3 “Good Health” means a condition of health free of parasites (to the extent reasonably practicable) and hereditary disorders and of reasonably sound physical condition and temperament.
3.4 “Future Health and Welfare Needs” means (i) the measures that should be taken to ensure that the dog is and remains in Good Health and is properly housed, fed, watered, trained, socialised and exercised and that it receives appropriate veterinary care; and (ii) information about the provision of suitable accessories.
- OUR RESPONSIBILTIES
4.1 We warrant that:
(a) if you have previously selected a dog from a litter or in any other circumstances that the dog sold under this contract is the dog that you previously selected;
(b) we have supplied the Dog Information prior to you viewing the dog or a reasonable period in advance of you deciding to purchase the dog;
(c) the dog is not the result of a mating of two dogs related within two generations;
(d) the dog is in Good Health, other than as we specifically inform you before the date of the sale;
(e) we will use reasonable care and skill to explain:
(i) the possible consequences of buying the dog given the Dog Health Information and the particular considerations that are likely to affect the dog given its breed;
(ii) the measures that should be taken, whether by neutering, contraception or otherwise, to guard against unwanted pregnancy; and
(iii) the Future Health and Welfare Needs of the dog.
(f) the Dog Information is, to the best of our knowledge, materially accurate and complete;
(g) any equipment and accessories being sold with the dog are suitable for the dog; and
(h) the dog is more than 8 weeks old at the date of sale.
4.2 The dog will be microchipped and registered to us before it is sold to you. No later than the date on which the dog is collected by you, we will arrange to re-register the dog to you and have the dog’s microchip updated with your name and contact details. Thereafter, it is your responsibility to ensure that the dog’s microchip details are kept up to date with the relevant microchip database.
4.3 Disclaimer. Whilst we will use reasonable care and skill to ensure that any descriptions given to you about the breed of the dog selected by you are materially accurate and complete, they are intended for information purposes only and do not represent legal, veterinary or other professional advice on which reliance should be placed. You are hereby placed on notice that you should take appropriate steps to verify such information and as necessary obtain veterinary and/or other professional advice before you purchase the dog.
4.4 To the extent permitted by law, we expressly disclaim all liability and responsibility for any loss or damage incurred by you arising from any reliance placed on any descriptions given by us about the breed of the dog selected by you.
4.5 Nothing in these terms shall affect your legal rights.
- YOUR RESPONSIBILITIES
5.1 You warrant that:
(a) you understand the Dog Information;
(b) you believe in good faith that you will be able, and intend, to meet the dog’s Future Health and Welfare Needs;
(c) neither you nor any member of your household has been cautioned for or convicted of any breach of animal welfare law such as neglect, cruelty or abandonment;
(d) in the event that you are no longer able or willing to provide a home for a dog or otherwise to meet the dog’s Future Health and Welfare Needs, you will contact us and have regard to any advice and recommendations that we provide, including returning the dog at our option;
(e) you are purchasing the dog for yourself and not as agent for a third party; and
(f) you are purchasing the dog for personal interest and/or companionship only and not for showing ability, sporting or breeding purposes. For the avoidance of doubt we will not sell a dog to you for showing ability, sporting or breeding purposes.
(g) When viewing parents, it is strictly forbidden to take pictures or videos and upload to social media.
5.2 Soon after purchase and in any event within 48 hours of collecting the dog, you agree to take the dog to your vet for a general health check and advice on inoculations and worming.
- PRICE AND PAYMENT
6.1 The price of the dog (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take reasonable care to ensure that the price of the dog advised to you is correct.
6.2 You must pay a 50% non-refundable deposit for the dog at the time of order and the remaining balance is to be settled in full at the time of collection of the dog. We accept payment by card or cash
6.3 It is always possible that, despite our best efforts, some of the dogs we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the dog’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 dog’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 dog provided to you.
- CHANGING YOUR MIND
7.1 If you change your mind for any reason after the dog has been collected by you, you must return the dog to us. You must return the dog in person to Brookside Farm Lady Lane, Croft, Warrington, WA3 7AY.
7.2 We will refund you the price you paid for the dog, by the method you used for payment. However, we may make deductions from the price, as described below.
7.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price paid for the dog (less the non-refundable deposit paid by you) by £50 per week or part week, as the case may be. The first week shall be deemed to commence on the date of collection of the dog. In the event that the amount of the deduction exceeds the purchase price, no refund shall become due.
- PET INSURANCE
8.1 We strongly recommend that you take out and maintain a suitable pet insurance policy to cover the costs of veterinary treatment that your dog may need for an illness or injury.
8.2 We will advise you about the types of pet insurances available for our puppies upon request.
8.3 We will have no liability to you for any costs or expenses incurred by you while taking out and maintaining a suitable pet insurance policy for your dog.
- IF THERE IS A PROBLEM
9.1 We are under a legal duty to supply dogs that are in conformity with this contract. If the dog is not in Good Health or has been mis-described, you can return the dog to us within 30 days of collecting it and we will issue you with a full refund. Your legal rights are not affected.
9.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject the dog you must either return it to us in person at our address given in clause 2 above.
9.3 How to tell us about problems. If you have any questions or complaints about the dog, please contact us. You can telephone us on 01925764222 or 07807047619, or by emailing us at firstname.lastname@example.org.
10.1 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. 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.
10.2 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 supply of goods; and for defective goods under the Consumer Protection Act 1987.
11.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.
11.2 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.
11.3 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.
11.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the dog in the English courts.
“This transaction is subject to our standard terms and conditions for the sale and purchase of a dog, dated March 2019, a copy of which be found on our website located at www.kellyskennels.co.uk or available upon request. Your attention is drawn to Condition 4.3, Condition 4.4 and Condition 10 concerning limitations on our liability; and Condition 6 concerning your liability to make payment to us.”
Please sign and date below to confirm your acceptance of our terms and conditions.
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