Terms & Conditions of Online Shop Use
THIS WEBSITE IS PROVIDED TO YOU BY OURVET.SHOP ON BEHALF OF THE VET PRACTICE DETAILED ON THE HOME PAGE. OURVET.SHOP IS A TRADING NAME OF VIRTUAL RECALL LIMITED.
- These Terms
These Terms (plus the other documents mentioned below in section 2) set out the basis of the legally binding contract with you. It includes details of your rights and responsibilities when you use this online shop. Please read them carefully.
By using this online shop and purchasing any products or services (the “Services”), you are agreeing to these Terms. If you don’t agree with the Terms, do not use the Services.
We may update these Terms and/or the Services from time to time. If we consider that the changes are material, we will notify you of the changes and invite you to accept them. You are responsible for reviewing any changes. Your ongoing use of the Services following any change constitutes your acceptance of the change.
These Terms apply to businesses as well as consumers. We don’t give businesses the same rights as consumers, for example, business customers can’t cancel their orders, they have different rights when there is a problem with a product and we don’t compensate them in the same way for losses caused by us. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are purchasing products and/or services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
- Other Documents which Form Part of our Contract with You
If you are a Veterinary Practice (“Practice”), you may only use this site if you have also signed up to our Vet Practice Agreement and you acknowledge that the terms of the Veterinary Practice Agreement also apply in addition to these terms and the other documents listed in this section 2.
- Who We Are and How to Contact Us
This online shop is operated by Virtual Recall Limited trading as OurVet.Shop ("we", “us” or "our"). We are registered in England and Wales under company number 09360598 and have our registered office at 7 Huxley Road, Guildford. GU2 7RE. Our VAT number is 125 220 559. Questions, comments and requests regarding these Terms should be addressed to OurVet.Shop, 7 Huxley Road, Guildford GU2 7RE, UK or sent by email to firstname.lastname@example.org.
When you purchase products or sign up for services via this online shop you are contracting directly with your Vet Practice and not with Virtual Recall Limited. If you have questions, comments and requests regarding products, services, orders or payments, please contact your Veterinary Practice directly.
- Your Account with Us
You do not need to set up an account to use this online shop if you are making a one-off purchase. You will need an account for subscriptions and health plans or products that require vet approval. You are responsible for your account and any activity on it. You must keep your password secure. If you are using the account on behalf of a business, you confirm that you have the authority to agree to these Terms on behalf of the business. Accounts are not transferable.
- The Services
This online shop enables individual consumers (“Consumers”) to connect online with their Veterinary Practice (the “Practice”) so that they can request and purchase, goods and services from the Practices (the “Services”).
The Services are available to you if you are in the United Kingdom or Republic of Ireland only and at least 18 years of age. We make no commitments about the Services if you are not based in the United Kingdom.
Each Practice is registered with the Royal College of Veterinary Surgeons and they operate entirely independently of us.
We do not directly offer a prescription service. Prescriptions will only be issued and/or fulfilled by Practices once the Practice has made a clinical assessment that such a prescription is appropriate, and that it is legal and responsible to do so.
We do not guarantee that the Services will always be available or be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of the Services. We will not be liable to you if for any reason the Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
- The Ordering Process
Once you have placed an order, we will confirm we have received it. We will then check the order and if necessary, seek approval for the item(s) from the Practice (for example if the item needs a prescription). If payment is required, we will notify you by SMS or Email. We will notify you of shipment where possible, and provide tracking information if available.
Sometimes we reject orders, for example because a product is unexpectedly out of stock, because you are located out with the UK or Republic of Ireland or because a product was mispriced by us. When this happens, we will let you know as soon as possible and if payment has already been received, we will arrange for the funds to be refunded.
We charge you when you place your order, when a prescription is confirmed, when a product is despatched or you sign up for a service. For some products which you have ordered on a subscription basis, we take payment at regular intervals, as explained during the order process. For any goods you order, you will own them once we have received payment in full.
If you are a business customer you must pay all amounts to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If the rate of VAT changes between your order date and the date we supply a product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
If we are unable to collect any payment you owe us we will charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues daily and consolidates monthly from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You pay us the interest together with any overdue amount.
Some of our products are available on a subscription basis. You need an account to register for and purchase items on a subscription basis. You may only subscribe for products for household purposes, this offer is not available to business customers.
Once you have subscribed for regular deliveries, products will be ordered and delivered automatically at the delivery frequency you have chosen without any further action required by you. Some subscription and product details (including price, availability and any discount) may change over time.
Each order will be subject to the then applicable subscription and product details. You will receive an order confirmation message including your order details, the price and also instructions for changing or cancelling your order no less than 5 days before your order is generated. You will also receive a further email confirmation when your order has been dispatched.
Each subscription order is a separate order from you to purchase your subscription products. The contract of sale for each product is concluded when the product is dispatched to you. Once items are dispatched, they can no longer be cancelled.
If a product is not available at the time the other subscription goods are to be dispatched, we will notify you about the delay and we will attempt to fulfil the order as soon as possible. Your Practice will be able to advise you about your options in this situation.
Your subscription will continue until cancelled. You will be charged the price that applies on the day we email you to confirm your order. The price for your order will be charged to the payment method used to create the subscription. If payment fails and we do not have an alternative payment method on record for you, we will contact you to arrange payment. Goods will not be dispatched until payment is received. We retain the right to cancel your subscription at any time. You may cancel your subscription at any time by logging into your account and changing your preferences. This will not affect any orders for which you have received a dispatch confirmation email.
In the event that you need to change or update your payment method and/or delivery address at any time you can do so by logging into your account and making the necessary amendments. For the avoidance of any doubt, your payment and delivery information will not be automatically updated for you by the Practice.
Health Plans are rolling annual preventative healthcare programmes, which may include discounted products and services during the subscription period. The full details of the content and price of the health plan you have signed up for will be provided to you by the Practice.
Your subscription for the Health Plan will begin on the date you sign up and shall continue for a minimum 12 month period (the ‘Initial Term’). At the end of the Initial Term the Health Plan will automatically renew for a further 12 months unless you cancel by giving the Practice 30 days prior notice which must be received no less than 30 days before your Health Plan is due to renew.
The annual subscription fee for your Health Plan will be calculated based upon different variables such as the age, species and weight of your pet as well as the types and number of products and services included in your plan. The subscription fee will be divided into instalments and collected by our payment service provider at the frequency you agree with your Practice. The price for the health plan may vary if this is necessary due to a change in your pet’s weight and/or health changing. Full details on the terms and condition which apply to your health plan will be provided to you by the Practice.
- Payments Process
We work with third-party service providers who perform payment processing services in relation to the ordering process on our behalf. Our payment functionality may be updated, modified or discontinued by us at any time.
We may refuse to process a payment for any reason, at any time. We may also impose limits related to the value of a transaction (or cumulative transaction values in relation to a specific account) and/or the number of transactions processed during a period of time.
We do not pass any payment data, including credit card numbers or bank account information, on to any Practice or to any fulfilment agent.
Payment will normally be taken when you place your order or in the case of monthly subscriptions, prior to your goods being despatched. If your order requires a prescription, we will ask for payment information when the order is placed but payment will not be taken until the prescription has been confirmed.
- Consumer’s Right to Change the Order Request or Order
If you are a Consumer and want to request a change to an order, you should request any necessary changes by contacting your Practice by phone or email as soon as possible. The Practice will let you know if the change is possible.
- Consumer’s Rights to Cancel the Order
For certain types of products, a Consumer has rights to cancel an order. There are restrictions in place to what types of goods and/or services can be cancelled which are set out in more detail below.
Without prejudice to any of a Consumer’s statutory rights:
- A Consumer may cancel an Order within 14 days’ by notifying the Practice. The 14-day notice period starts on the day that the Consumer receives the goods. Please provide written notice of the cancellation, either by email or telephone to the Practice.
- In order to be eligible for a full refund of the price paid for the goods, the Consumer must immediately return the goods in accordance with any directions given, including those set out in the delivery note, in the same condition in which they were received, and at the Consumer’s own cost and risk.
A Consumer has no right to cancel an Order (or part of an Order) for the supply of:
- any prescription veterinary medicines, including any POM-V, POM-VPS or NFA-VPS items;
- any Consumer-specific labelled or personalised products (e.g. a product which bears your pet’s name). This will include any dispensed items with a label;
- perishable items.
If you return goods to the Practice in accordance with the requirements above:
- because you have cancelled the Order with the Practice and returned the goods within the 14-day cooling-off period, the Practice will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, the price of the goods will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to the Practice.
- because they are damaged or defective, the Practice will examine the returned goods and will notify you of your refund via e-mail within a reasonable period of time. Refunds will be made via the site, based on the method originally used by the Consumer to pay for the goods. If a Product is defective, you will be refunded in full, including any delivery charges for delivery and return of the goods.
- Our Responsibility to You
We do not make any representations or provide any warranties regarding any Practice. If you are unable to access the online shop for whatever reason, the Practice refuses or does not respond to an order or return request, or other communication you must discuss this with the Practice.
- Your use of our Site for the Services
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the site for the Services. You confirm that you will not:
- Use our site or the Services to break the law; or
- Reverse engineer, copy, decompile, disassemble or modify the site.
We make no guarantee about the availability of the site or the Services. The site and Services are provided on an “as is” basis and without any kind of warranty, and we make no guarantees that the site or Services will be free from viruses or harmful materials.
We will use our reasonable endeavours to have our Services available to you every day, with the exception of any pre-announced shutdowns for maintenance purposes. Our services are dependent on a number of third-party providers, and so are subject to any delays, interruptions, or other problems experienced by such third-parties.
Any information which you supply to a Practice whilst using the Service will be processed in accordance with the Practice’s own data protection policies and procedures. A copy should be available from the Practice on request.
- Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in this online shop, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on this site must always be acknowledged.
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 our licensors.
If you print off, copy or download any part of this site in breach of these Terms, your right to use the online shop will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- No Reliance On Information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
- Circumstances outside of our control
We aren’t responsible for any delay in performing or a failure to perform our obligations under these Terms if such is due to events or circumstances beyond our reasonable control.
- Termination and Consequences
If you are a Consumer, you may cease using the Services at any time, but you remain liable to pay us any monies which remain outstanding in relation to your account.
If you are a Practice, please refer to the Veterinary Practice Agreement.
We may suspend or withdraw the site and/or the Service at any time. We will try and let you know in advance if we are going to do this.
- Limitation of our Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a Practice of a Consumer making a purchase in connection with business activities, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a Consumer, purchasing in an individual capacity for private domestic use, you agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Except as set out above, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total amount of fees which you paid to us through the site for goods (if you are a Consumer), or the total amount of monies which we owe to you in our capacity as payment agent (if you are a Practice) in the 12 months prior to the action giving rise to the liability, or (b) £100.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
- Linking To Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact email@example.com
- Other Important Terms and Conditions
Nothing in these Terms creates any agency, partnership, joint venture, employment or franchisee relationship between you and us.
We may transfer our rights and obligations under these Terms to another organisation.
If a court finds part of these Terms illegal, the remaining Terms will continue in full force and effect.
Nobody else has any rights to enforce any of these Terms.
If we delay in enforcing these Terms, we can still enforce them later.
If you are a Consumer, please note that these Terms, their subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.