Tribal

Tribal - natural, nutritious and delicious, daily dog treats created by experts Call us on 0800 085 7440

Terms & Conditions

TERMS AND CONDITIONS

Welcome to our website. These terms and conditions shall apply to all mail order transactions between Tribal Pet Foods (“Tribal/we/us/our”) whose contact address is PO Box 218, Chinnor, The Chilterns, Oxfordshire, OX9 0DX, and you, the customer (“you/your”).

The use of this website is subject to the following terms of use:

By purchasing products from Tribal by mail order, you accept, without limitation or qualification, the terms and conditions set out below (the “Terms”) without modification. By purchasing products, you acknowledge that you are bound by the Terms.  If you do not wish to be bound by the Terms you should not place an order with us. No variation to these Terms shall be binding unless agreed in writing between you and an authorised Director of Tribal.

1             Contract Formation

You will indicate the products that you wish to order (“Products”) by confirming by telephone, email or letter; your delivery postcode, and the 1st address line with the order details and payment method confirmation. Your order shall constitute an offer to us to purchase the Products specified in the order. We may accept or decline the order. If we acknowledge your order that shall not constitute an acceptance of it. No order submitted by you shall be deemed to be accepted by us unless and until we confirm to you by email, letter or telephone call that the order has been fully processed and is being made ready for dispatch (the “Dispatch Confirmation”) to you (“Acceptance”).  A contract will only be formed between us when we accept payment and dispatch your order.

 2             Entire Agreement

Each order, Acceptance of each order and the supply of Products by Tribal pursuant to an order shall be governed by these Terms.  These Terms constitute the entire understanding between you and Tribal in relation to any Products ordered and supplied by mail order. They supersede any other terms stipulated by you, whether in any order or during negotiations or any course of dealing established between you and us. All descriptions, illustrations and indications or price of Products provided on a mail order form or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Nothing contained in any such description, illustration indication of price shall form any part of these Terms.

3             Price & Payment

The prices of the Products shall be those specified by Tribal to you from time to time in accordance with the provisions set out in clause 1. Prices quoted on the mail order form are indicative only and are subject to change. All prices are inclusive of United Kingdom VAT.  Prices may differ from prices seen in UK retail outlets.  You may pay by MasterCard, Visa , Visa Delta, Switch, Maestro and Solo.  Products will only be dispatched once we have received full payment for the Products and all applicable postage and packaging charges from you. Tribal reserves the right at its total discretion to decline or accept any order. If we decline to accept, or cancel, an order for which we have received payment, we shall refund the payment, but shall have no further or other liabilities.

4             Delivery and Availability

Tribal shall deliver Products ordered by you via a courier or postal service of Tribal's choice (the “Carrier”) to the delivery address that you have given us. By accepting these Terms, you agree irrevocably to appoint and do appoint the Carrier to be your agent for taking delivery of the Products on your behalf, and delivery to the Carrier shall be deemed to be delivery to you. A charge reflecting the postage and packing costs will be made for any package returned to us by the Carrier as undeliverable, uncollected or for any other reason. Subsequent delivery of your order will be charged at our current rates for your order. All delivery is subject to availability and time shall not be of the essence. We will indicate to you whether or not a Product is currently “in stock” (i.e. available in our warehouse for dispatch) or our estimate on when the Product will be available for dispatch. However, this is an estimate only, should not be relied upon and may be subject to change. We are under no obligation to accept orders for a Product which is not currently in stock. If there is any delay, we will notify you of this and give you a new delivery time. As we process your order, we will notify you if any Products unfortunately are not available. If a Product is not immediately available for delivery we will either reject your order or it will be held and you will not be charged until the Products are dispatched. If you are a consumer (i.e. a natural person who, in contracts to which the Consumer (Distance Selling) Regulations 2000 apply, is acting for purposes that outside his or her business), Tribal shall endeavour to deliver Products ordered by you as soon as possible. If delivery within thirty (30) working days is not possible Tribal shall notify you of the delay and give you a new delivery time and/or you shall have the right to cancel your order and be entitled to a full refund for the Products (less any delivery charges incurred).  We are currently only able to deliver within the United Kingdom.

5             Inspection, Delivery Delays and Non-Delivery

Nothing in this clause affects your statutory rights pursuant to the provisions set out in clause 7.  You must inspect the Products as soon as is reasonably practicable after delivery. Within seven (7) working days of delivery you shall notify Tribal in detail and in writing of any defect in the Products or of any other complaint that you may have in relation to the Products. If you fail to give notice in accordance with this clause, the Products shall be conclusively presumed to be in all respects in accordance with the order and free from any defect that would be apparent on reasonable examination, and you shall be deemed to have accepted the Products accordingly. Subject to the conditions set out below, if you establish to our reasonable satisfaction that any Products are not in accordance with these Terms your sole remedy shall be limited (as Tribal may elect) to the replacement of the Products or a refund to you of the price of the Products and any delivery costs or, where sums are owed by you to us, the issue of a credit note or a credit card account refund against return of the Products. If we require you to return the Products to us because they are defective we shall reimburse your reasonable postage cost of returning them. These remedies are subject to the following conditions:

(i) the claim is made in writing to Tribal within thirty (30) days after Acceptance, or such other period as may be indicated by us for specific Products from time to time;

(ii) the Products to which the claim relates are returned to Tribal within that period suitably packaged and carriage-paid and, where relevant, in accordance with any particular instructions that we may have notified to you at the time of supply. Returned Products must be accompanied by an advice note stating the Identifying Number/Returns Authorisation Number and the nature of any claimed defect, together with such further information as Tribal may at the time of supply have stipulated.  You shall make any queries regarding the quantities of the Products:

(i) within ten (10) days of the date of the Acceptance;

(ii) in writing; and

(iii) quoting the Identifying/Returns Authorisation Number.

Queries regarding Products where we notify you of dispatch but they are not received by you must be made within ten (10) days of the date of dispatch and the Identifying Number must be quoted. Without prejudice to the provisions under clauses 6, 9 and 10, Tribal need not entertain any query made thereafter.

6             Passing of Risk and Title

Risk of loss or damage to, and title to, the Products shall pass to you at the time of delivery of the Products to the Carrier or postal service as described in clause 4.

7             Right to Cancel and Returns

If you are wishing to return Products because they are faulty please refer to clause 5 above.

If you are a consumer (i.e. a natural person who, in contracts to which the Consumer (Distance Selling) Regulations 2000 apply, is acting for purposes that outside his or her business), you have the right to withdraw from your purchase within seven (7) working days of the date the Product is delivered. All customers who cancel under this statutory “cooling off period” shall be entitled to a full refund. Any customers who would like to cancel an order pursuant to this statutory right should contact us on +44 (0) 800 085 7440.  You shall be entitled to a full refund of the price of the Products less any delivery charges incurred by us.

To return an item for whatever reason, please send the item to us at the address specified in clause 8. We recommend that you send returns by recorded post. Always retain proof of postage. We will then process your return and issue a refund or replacement as appropriate via the original payment method. You shall be responsible for any delivery and packaging charges you incur in exercising your right to return under the “cooling off period” and/or under any other cancellation rights you may have under these Terms.

8             Customer Services

If you have any comments with regards to the service you have experienced in placing orders please contact us:

Telephone

+44 (0) 800 085 7440

Email

hello@tribalpetfoods.co.uk

Address

Tribal Pet Foods, PO Box 218, Chinnor, The Chilterns, Oxfordshire, OX9 0DX

Customer services are available between 9.00am and 5.00pm Monday to Friday (excluding bank holidays). No warranty or representation is given by us as to the availability of these services.

9             Liability

9.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2 To the extent permitted by law, Tribal will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
9.3 Tribal makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
9.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Tribal for death or personal injury as a result of the negligence of Tribal or that of its employees.

10        Indemnity

You agree to indemnify and hold Tribal and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Tribal arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

Nothing in these Terms shall affect your statutory rights.

11        Force Majeure

We shall not be liable to you or be deemed to be in breach of these Terms or any delay in performing, or any failure to perform, any of our obligations in relation to the Products, if the delay or failure is due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:

(i)

act of God, explosion, flood, tempest, fire or accident;

 

(ii)

war or threat of war, sabotage, insurrection, civil disturbance or requisition;

 

(iii)

acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

 

(iv)

import or export regulations or embargoes;

 

(v)

strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party);

 

(vi)

difficulties in obtaining raw materials, labour, fuel, parts or machinery;

 

(vii)

power failure or breakdown in machinery.

12             General

Any notice required or permitted to be given by either party to the other under these Terms must be made in writing addressed to that other party at its registered office or principal place of business or such other address as may be at the relevant time have been notified pursuant to this provision to the party giving the notice. No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.   If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provisions shall not be affected thereby. These Terms shall be governed by and shall be read and construed in all respects in accordance with English law and each of the parties hereto submits to the non-exclusive jurisdiction of the English Courts as regards any claim, dispute or matter arising out of or relating to these Terms

13        Advice

The content of the Website does not constitute advice and should not be relied upon in making or refraining from making, any decision.

14        Changes to Website

Tribal reserves the right to:
14.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Tribal shall not be liable to you for any such change or removal; and
14.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

15        Links to Third Party Websites

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

16        Copyright

16.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Tribal or otherwise used by Tribal as permitted by law.
16.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.