Thank you for visiting www.berkeleycole.co.uk (“Our Website”). When you visit and use any part of Our Website you are agreeing to our Terms and Conditions. If you do not agree with any of the Terms and Conditions you will need to exit Our Website.
If you are placing an order through Our Website you also agree to comply with and be bound by our Conditions of Sale.
Information About Us
Our Website, www.berkeleycole.co.uk, is owned and operated by Berkeley Cole Limited (“Berkeley Cole”), a limited company registered in England under registration number 10946852. Our VAT registration number is: 277261876.
Our registered address, main trading address and address for general correspondence is:
Berkeley Cole Limited
03 Stoney Pool
Our returns address is.
Berkeley Cole Limited
03 Stoney Pool
We can be contacted by email on firstname.lastname@example.org. Our telephone number is +44 (0)1285 851621.
Changes to these Terms and Conditions
Berkeley Cole may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Website after the changes have been implemented therefore we advise you to check this page from time to time. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Access to Our Website
Access to Our Website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access Our Website. Access to Our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Website (or any part of it) is unavailable at any time and for any period.
All information published on Our Website is provided for general information purposes only and we recommend that you obtain specific advice from a qualified veterinary professional in connection with any particular query which you may have concerning the well-being of your dog, cat or any other animal. The vets know best!
We make every reasonable effort to ensure that information on Our Website is accurate and up-to-date, but we make no representations, warranties or guarantees (whether express or implied). Please note that this exception does not apply to information concerning goods for sale through Our Website. Please refer to our Conditions of Sale.
Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability, which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Any and all personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and our obligations under that Act.
Intellectual Property Rights
We take the protection and enforcement of our intellectual property rights extremely seriously.
Berkeley Cole has successfully taken legal action against a number of third parties for infringement of our intellectual property rights and we will continue to take a robust approach in defending our intellectual property rights including, but not limited to, copyright, registered and unregistered trademarks, and registered and unregistered design rights.
With the exception of any user generated content, all content included on Our Website and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Berkeley Cole. All content (including user generated content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Website unless given express written permission to do so by Berkeley Cole.
You may access, view and use Our Website in a web browser (including any web browsing capability built into other types of software or app); download Our Website (or any part of it) for caching; print pages from Our Website; download extracts from pages on Our Website; and save pages from Our Website for later and/or offline viewing.
Berkeley Cole’s status as the owner and author of the content on Our Website (or that of identified licensors, as appropriate) must always be acknowledged.
You may not use any content saved or downloaded from Our Website for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
Links to Other Websites
We include links to other Websites on Our Website. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Conditions of Sale
When placing an order through Our Website you agree to be bound by our Terms and Conditions of Use which includes our Conditions of Sale. Please read the Conditions of Sale before placing an order through Our Website. If you do not agree to any of the Conditions of Sale please do not place an order through Our Website.
The contract for the supply of goods through Our Website is between you and Berkeley Cole. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
Description of goods for Sale
We make all reasonable efforts to ensure that all descriptions and graphical representations of goods available from Berkeley Cole correspond to the actual goods. Please note, however, the following:
This does not exclude Berkeley Cole’s responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct goods, not too different goods altogether.
Where appropriate, you may be required to select the required size, colour and number of the goods that you are purchasing.
All prices shown on our website are in Pounds Sterling (£) and include Value Added Tax (VAT). The rate of VAT applicable to goods supplied by Berkeley Cole is set at 20% by the UK Government.
We make all reasonable efforts to ensure that all prices shown on Our Website are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
All prices are checked by us when we process your order. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing before proceeding with your order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the goods at the correct price or to cancel your order (or the affected part thereof). We will not proceed with processing your order until you respond. If We do not receive a response from you within 7 days, we will treat your order as cancelled and notify you of the same in writing.
In the event that the price of goods you have ordered changes between your order being placed and us processing the order, you will be charged the price shown on Our Website at the time of placing your order.
We neither represent nor warrant that goods will be available. Stock indications may be provided on Our Website, however such indications are not updated in real time as our stock levels are affected by orders placed through other channels not linked to Our Website system, for example, orders placed for our goods through third-party websites, orders placed by email or telephone, and orders placed by trade customers.
If an item that you have ordered is out of stock we will notify you by email and advise of an estimated re-stocking date.
Delivery Charges - UK
Delivery charges are included in the price of goods on Our Website.
If you are ordering for delivery within the UK, delivery options and related charges will be presented to you as part of the order process. For more information on UK shipping services and charges please see our UK Shipping page.
Delivery Charges for International Customers Outside the UK
If you are ordering for delivery outside the UK, delivery options and related charges will be presented to you as part of the order process where available. Where Our Website is not able to provide you with delivery options as part of the online order process (for example because the consignment is particularly large, or because our standard couriers do not deliver to the country specified) shipping charges will not be applied to your order at the time you place it on Our Website. On receipt of your order, we will contact you with a confirmed shipping quote and send an electronic invoice for the shipping charges. We will wait for your confirmation on whether to not you wish to proceed and for full payment of the shipping charges before accepting the order. For more information and indicative pricing for international delivery please see International Shipping.
Additional Important notes for International Customers
If goods are being ordered for delivery outside the European Union, import duties and taxes may be incurred once your goods reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying for delivery outside the European Union, you are advised to contact your local customs authorities for further details on costs and procedures.
As the purchaser of the goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the goods are being imported. Please be aware that goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
Certain parts of Our Website, including the ability to place an order through Our Website, require you to create a User Account in order to access them. When creating an account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your account is kept up-to-date.
We recommend that you choose a strong password for your account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. If you believe your account is being used without your permission, please Contact Us immediately. We will not be liable for any unauthorised use of your account. You must not use anyone else’s account without the express permission of the User to whom the account belongs.
If you wish to close your account, you may do so at any time. Closing your account will result in the removal of your information. Closing your account will also remove access to any areas of Our Website requiring an account for access, for example, your order history.
Your order and Contract with Berkeley Cole
When placing an order with Berkeley Cole you will be given the opportunity during checkout to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
Payment for goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process unless you are placing an order for delivery outside the UK in which case shipping charges may be quoted and invoiced separately (see International Shipping for more information). We accept payment by most major credit cards and PayPal.
Once you have placed your order through Our Website we have a legal obligation to send you a confirmation email that details your order. We do this by sending an automatically generated "Order Summary” email that details the order you have placed and includes the time and date of the order, your name, shipping address, contact details and a list of the goods ordered with details on size, colour and quantity. Receipt of this Order Summary email does not constitute a legally binding Contract between you and Berkeley Cole.
No part of Our Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that Berkeley Cole may, at our sole discretion, accept or decline.
Our acceptance is indicated by Berkeley Cole sending you a confirmation by email that we have accepted your order for fulfilment.
If we have accepted your order for fulfilment, you will receive an email that states that we have accepted your order for fulfilment - this may be sent at the same time as a shipping notification that includes the relevant tracking details of the parcel where appropriate.
Only once we have sent this confirmation that we have accepted your order will there be a legally binding contract between Berkeley Cole and you.
If we, for any reason, do not accept or cannot fulfil your order, we will notify you by email as soon as possible and refund all monies paid. Refunds are usually processed within 14 days of the order date.
Delivery, Risk and Ownership
All goods purchased through Our Website will normally be delivered using the shipping method that you have specified on your order unless otherwise stated (subject to delays caused by events outside of our control.
Delivery shall be deemed complete once we have delivered the goods to the address including, where relevant, any alternative address provided in your order or subsequently by email.
The risk in the goods shall remain with Berkeley Cole until they come into your physical possession.
Ownership of the goods passes to you once we have received payment in full of all sums due, including any applicable delivery charges.
If You Change Your Mind – Returns, Exchanges & Refunds
If you change your mind you can cancel your order for an exchange or a refund as long as you meet the conditions set out in our Returns, Exchanges & Refunds Policy which constitutes part of these Conditions of Sale. Please see our full Returns, Exchanges & Refunds Policy.
We strive to ensure that all of our products are made to the highest standards but if you believe you have received a faulty item from us please let us know as soon as possible: email@example.com.
Our full policy on Faulty Goods is stated within our Returns, Refunds and Exchanges Policy. This policy is incorporated into these Terms and Conditions by this reference. Please see our full Returns, Exchanges & Refunds Policy.
Our Liability to Consumers
We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and Berkeley Cole when the contract is created. Berkeley Cole will not be responsible for any loss or damage that is not foreseeable.
We only supply goods for domestic and private use by consumers. We make no warranty or representation that the goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
If an event out of our control occurs and is likely to adversely affect our performance of any of our obligations under these Terms and Conditions we will inform you as soon as is reasonably possible. Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly. We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of goods as necessary.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Berkeley Cole (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Berkeley Cole, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Berkeley Cole, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.