Policies

Terms & Conditions of Website Use

OurVet.Shop Terms and Conditions

 

Accepting These Terms
These Terms (plus the other documents mentioned below in section 2) set out the basis of our legally binding contract with you. It includes your rights and responsibilities when you use our website and so please read them carefully.


By using any of our Services (including just using our website), you’re agreeing to these Terms. If you don’t agree with the Terms, you may not use our Services.


We may update these Terms, the Site, and/or the Services from time to time. If we consider that the changes are material, we will notify you of the changes. You are responsible for reviewing any changes and your ongoing use of the site following any changes constitutes your acceptance of the change.


1. Other Documents which Form Part of our Contract with You
1.1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such
processing and you warrant that all data provided by you is accurate.
1.2. Our Cookie Policy, which sets out information about the cookies on our site.
1.3. If you are a Veterinary Practice (“Practice”), you may only use this site if you have also
signed up to our Veterinary Practice Contract and you acknowledge that the terms of the
Veterinary Practice Contract also apply in addition to these terms and the other documents listed in section 2.


2. Who We Are and How to Contact Us
https://www.ourvet.shop is a site operated by OurVet.Shop Limited trading as OurVet.Shop ("we", “us” or "our"). We are registered in England and Wales under company number 12550553 and have our registered office at 7 Huxley Road, Guildford. GU2 7RE. Our VAT number is 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 support@virtualrecall.com.


If you are a consumer and you have questions, comments and requests regarding products, services, orders or payments, please contact your Veterinary Practice directly.


3. Accessing our site
3.1. Our site is made available free of charge to consumers. Each Practice must pay to use the site and the service, as set out in the Veterinary Practice Contract.
3.2. We do not guarantee that our site, or any content on it, will always be available or be
uninterrupted. Access to our site is permitted on a temporary basis. We may suspend,
withdraw, discontinue or change all or any part of our site without notice. We will not be
liable to you if for any reason our site is unavailable at any time or for any period.
3.3. You are responsible for making all arrangements necessary for you to have access to our site.
3.4. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of use and other applicable terms and
conditions, and that they comply with them.

4. Our Services
4.1. We offer a site which enables individual consumers (“Consumers”) to connect online with Veterinary Practices (the “Practices”) so that they can request, and possibly purchase, goods and services from the Practices (the “Services”).
4.2. Our site is available to you if you are in the United Kingdom only. We make no
commitments about the website, the site or the Service, if you are not based in the United
Kingdom.
4.3. Each Practice is registered with the Royal College of Veterinary Surgeons and they operate
entirely independently of us.
4.4. We do not offer a prescription service. Prescriptions will only be issued and/or fulfilled by Practices where they make a clinical assessment that such is appropriate, and that it legal and responsible to do so, following agreement between the Consumer and the Practice.


5. Consumer Commitments
5.1. By using the site and/or the Services as a Consumer, you confirm that you are:
5.1.1. At least 18 years old
5.1.2. Resident in the UK
5.1.3. Requesting to buy or buying products or services in a personal capacity or in the
capacity of a small business owner/operator.


6. The Ordering Process
6.1. Consumers can use the site in order to request to purchase goods for personal use only or
for use in small businesses, such as farms or stables, directly from the Practice using the
order request form (“Order Request”).
6.2. The Practice will review the Order Request and it will then, in its absolute discretion
determine if it wishes to sell any or all of the goods listed in the Order Request to the
Consumer.
6.3. If the Practice determines that it:
6.3.1. wants to sell any or all of the goods listed in the Order Request to the Consumer, it will notify the Consumer and us of this through the Site and make the goods available to
the Consumer to purchase from the Practice through the Site (“Goods For Sale
Notice”); or
6.3.2. does not want to sell any or all of the goods listed in the Order Request to the
Consumer, it will notify the Consumer and us of this through the Site or by other
means including telephone or email, and the goods will not be available to purchase
from the Practice through the Site (“Goods Not For Sale”). No party shall have any
further liability or responsibility to any other party in respect of Goods Not For Sale.
6.4. Once the Goods For Sale Notice is sent, the Consumer has 14 days in which to login to the site and complete its purchase of the goods using the site’s online payment platform. The Practice shall ensure that the Goods For Sale notice sets out any VAT and/or delivery costs payable in addition to the price of the goods.
6.5. Prices may change from time to time, but any such change will not affect existing Orders.
6.6. Once the Consumer’s payment card is charged with the cost of the goods and associated delivery costs through the payment process, the Practice will send an e-mail confirmation of the order to the Consumer (“Order Confirmation”).
6.7. Once the Order Confirmation has been sent, this forms a contract between the Consumer and the Practice for the purchase of the goods (an “Order”).
6.8. We will then send the Order to the Practice’s wholesaler/fulfilment agent (the “Fulfilment Agent”). The Order will be fulfilled by the date set out in the Order Confirmation or, if no date is specified, then within 30 days of the data of the Order Confirmation, unless the
Practice notifies the Consumer otherwise.
6.9. The goods will be at the Consumer’s risk from the time of delivery, and ownership of the Goods will only pass once payment in full is made for the goods, including any delivery
charges.
6.10. If the Consumer’s payment is not received by us and they have already received the goods, the Consumer must:
6.10.1. Pay for such goods and delivery costs within 30 days; or
6.10.2. Return the goods directly to the Practice as soon as possible, and no later than seven (7) days from the delivery date (having taken reasonable care, in accordance with
any written instructions, of them in the intervening period).


7. Payments Process
7.1. We work with third-party service providers to perform payment processing services in
relation to the ordering process. Our site’s payment functionality may be modified or
discontinued by us at any time.
7.2. We may refuse service of a payments process to anyone, for any reason, at any time. We may also impose limits related to the value of a transactions (or cumulative transaction values in relation to a specific account) and/or the number of transactions processed during a period of time.
7.3. We will not pass any secure data, including credit card numbers or bank account
information, on to any Practices or to the Fulfilment Agent.


8. Consumer’s Right to Change the Order Request or Order
Consumers should request any necessary changes by contacting the Practice by phone or email as soon as possible. The Practice will let you know if the change is possible. If the change cannot be made or if the consequences of the change are not acceptable, the Consumer may want to cancel its Order Request or the Order.


9. Consumer’s Rights to Cancel the Order
9.1. Without prejudice to any of a Consumer’s statutory rights:
9.1.1. A Consumer may cancel the Order within 14 days’ notice to 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 to the Practice or by using
the Cancellation Form included in the delivery notes.
9.1.2. 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 the directions given in the
delivery note, in the same condition in which they were received, and at the
Consumer’s own cost and risk.
9.1.3. A Consumer has no right to cancel an Order (or part of an Order) for the supply of:
9.1.3.1. any prescription veterinary medicines, including any POM-V, POM-VPS or
NFA-VPS items;
9.1.3.2. 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;
9.1.3.3. perishable items.


10. Refunds
10.1 If you return goods to the Practice:
10.1.1 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, we will refund the price of the goods 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.
10.1.2 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, the Consumer will be
refunded in full, including any delivery charges for delivery and return of the goods.


11. Your Account with Us

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 guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are not transferable.


12. Our Responsibility to You
12.1. You understand that we do not make any representation or gives any warranties regarding
the Practices.
12.2. If:
12.2.1. You are unable to access the Site for whatever reason; or
12.2.2. The Practice does not respond to a Consumer’s Order Request or other
communications through the Site; or
12.2.3. You lose connection to the Site; or
12.2.4. The Practice is unwilling or unable to fulfil an Order Request,
it is the Consumer’s responsibility to discuss this with the Practice and vice versa.


13. Your use of our Site for the Services
13.1. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the site for the Services. You confirm that you will not:
13.1.1. Use our site or the Services to break the law; or
13.1.2. Reverse engineer, copy, decompile, disassemble or modify the site.
13.2. 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.
13.3. 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.


14. Privacy
14.1. In this clause 15, the term “Data Protection Laws” has the meaning given to it in our
Privacy Policy. 
14.2. Our Privacy Policy sets out how we collect, use, and store your personal information, and your rights in relation to it. By using our site, you are agreeing that we can process your information in the ways set out in the Privacy Policy.
14.3. Any information which you supply to a Practice whilst using the Service may also be subject to that Practice’s own data protection policies and procedures. We are not responsible for the actions or inactions of a Practice in relation to Data Protection Laws.

 

15. Intellectual Property Rights
15.1. We are the owner or the licensee of all intellectual property rights in 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.
15.2. 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.
15.3. 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.
15.4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
15.5. 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 our licensors.
15.6. If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

16. No Reliance On Information
16.1. 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.
16.2. 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.


17. 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.


18. Termination and Consequences
18.1. If you are a Consumer, you may cease using the site at any time, but you remain liable to pay us any monies which remain outstanding in relation to your account.
18.2. If you are a Practice, please refer to the Veterinary Practice Contract.
18.3. 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.
18.4. We may terminate these Terms if: (i) you seriously or repeatedly breach these Terms (by way of example only, if you do not pay us in accordance with these Terms, or if a Practice breaches the privacy terms); and/or (ii) you do not provide us with information that is necessary for us to provide the Services.

 

19. Limitation of our Liability
19.1. Nothing in these Terms of use excludes or limits our liability for death or personal injury
arising from our negligence, or our fraud or fraudulent misrepresentation, or any other
liability that cannot be excluded or limited by English law.
19.2. 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.
19.3. 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:
19.3.1. use of, or inability to use, our site; or
19.3.2. use of or reliance on any content displayed on our site.
19.4. 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:
19.4.1. loss of profits, sales, business, or revenue;
19.4.2. business interruption;
19.4.3. loss of anticipated savings;
19.4.4. loss of business opportunity, goodwill or reputation; or
19.4.5. any indirect or consequential loss or damage.
19.5. 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.
19.6. 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.
19.7. 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.
19.8. Subject to the clauses 20.1 ??" 20.7 inclusive, 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.

 

20. Viruses
20.1. We do not guarantee that our site will be secure or free from bugs or viruses.
20.2. 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.
20.3. 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.


21. Linking To Our Site
21.1. 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.
21.2. 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.
21.3. You must not establish a link to our site in any website that is not owned by you.
21.4. 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.
21.5. We reserve the right to withdraw linking permission without notice.
21.6. If you wish to make any use of content on our site other than that set out above, please contact support@virtualrecall.com


22. Other Important Terms and Conditions
22.1. Nothing in these Terms creates any agency, partnership, joint venture, employment or franchisee relationship between you and us.
22.2. We may transfer our rights and obligations under these Terms to another organisation.
22.3. If a court finds part of these Terms illegal, the remaining Terms will continue in full force and effect.
22.4. Nobody else has any rights to enforce any of these Terms.
22.5. If we delay in enforcing these Terms, we can still enforce them later.
22.6. 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.
22.7. If you are a Practice, these terms of use, its subject matter and its formation (and any noncontractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.