TERMS AND CONDITIONS
This website is operated by Viccar Media Limited, company registered in England and Wales under registration number: 10115979, registered address: 84 Onslow Gardens, London SW7 3BS) trading as DOG (referred to as "DOG/we/our/us"). As user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions set out below.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
2. Product Availability
2.1 All process and offers are subject to change. All products are subject to availability. Should the products you ordered become unavailable, we will endeavour to contact you as soon as reasonably possible and offer a full refund if you do not want wait for products to become available.
3. Order Process
3.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
3.2 You will receive an email confirmation/receipt of your order shortly after placing an order. The order confirmation is also your VAT receipt.
3.3 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
3.4 Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to withdraw any products from this website at any given time and /or remove or edit any materials or content from this website. Note that availability, conditions, dates and prices may change from time to time and that we expect you to check those prior to making a purchase.
3.5 We do not file details of the terms and conditions with your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records.
4.1 We will make every reasonable effort to deliver the products ordered within the delivery timeframe. However, if we have insufficient stock to deliver the goods ordered, or there is a delay in processing the order, we will notify you as soon as possible explaining the situation and if need be offer a choice of an alternative or eventually to re-credit your account for the amount involved. The refund will be made within 30 days of order. We will notify you of such action via email to the address given on your order form.
4.2 Estimated delivery times are as follow:
UK: 2 to 4 working days for items in stock + free delivery for orders over 25 GBP within the UK
Europe: 5 to 10 working days for items in stock
Rest of the world: 7 to 14 working days for items in stock
If you require a different service please contact us via email.
These delivery times are indicative and not binding.
4.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
4.4 Viccar Media Limited shall not be held liable for any delay in the delivery of products, nor any damage to the products during transportation and delivery.
5.1 We take payment from your card at the time we receive your order, once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be offered where you have already paid for the goods and chose not to wait for product availability.
5.2 The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
5.3 DOG accepts payment by VISA / Mastercard / Euro Card / Maestro and Amex. Debit and credit card payment are processed through our partner Global Payments Direct Inc. All transactions are encrypted and secure. We also accept PayPal payments.
5.4 We may refuse to process a transaction for any reason or refuse service to anyone at any time at our discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this website whether or not that product has been sold, removing or editing any materials or content, refusing to process a transaction or suspending any transaction after processing has begun.
Note that you will not be charged for forthcoming items until the items are actually sent out to you.
5.5 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
6. Cancellation & Returns Policy
6.1 You have the right to cancel your contract provided this is done within a seven day period following the receipt of the item through letter or email. On cancellation of the contract, you are under duty to restore goods to us and to take reasonable care of them. You are required to pay for the postage if you wish to return the goods. Note that this does not affect your statutory rights. You are responsible for the care of the goods until they reach us, at the returns correct address, as specified bellow:
Viccar Media Limited
11a Callcot Street
London W8 7SU
6.2 Refunds will be processed within 30 days of receipt of the goods, subject to a transaction fee of 5% of the value of the order cancelled to partly cover our transaction costs. Please note that the refund does not include the cost of carriage and that you are also liable for the return carriage costs. If you fail to return the goods you will be charged the full cost of their recovery. You are under a duty to take care of the goods until they are returned. Products returned damaged, stained or in non-saleable condition will not be refunded.
7. Intellectual Property
7.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
7.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8. Liability & Indemnity
8.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
8.2 Subject to Section 8.1 above, DOG will use reasonable endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website DOG will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and DOG accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
8.3 8.3 Subject to Section 8.1 above, DOG will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
· economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
· loss of goodwill or reputation; or
· special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
8.4 Notwithstanding the above, subject to Section 8.1, DOG's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
8.5 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
8.6 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
9.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
9.2 DOG shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
9.3 DOG reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
9.4 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) Viccar Media Limited (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
b) Viccar Media Limited shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 9.5 of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 9.5 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
9.5 No delay or failure by DOG to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of DOG.AND