TERMS OF SALE

 

These Terms of Sale (the "Terms and Conditions"), together with the Privacy Policy govern the relationship between you and Direct2Pet and the legal terms under which Direct2Pet delivers its service on its Website (defined hereinafter). Please make sure you read and understand these before purchasing anything on the Website.

 

Direct2Pet reserves the right to revise and amend these Terms and Conditions to reflect changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Direct2Pet system's capabilities, being specified that the Terms and Conditions applicable to your order are those accessible on the Website and in force that you accept at the time of your order. If you are a subscriber, you will be notified reasonably in advance of any changes to the Terms and Conditions. If you do not agree to the changes, you may cancel your subscription.

 

These Terms and Conditions are applicable between:

 

Direct2Pet Europe B.V.

A company incorporated under the laws of the Netherlands registered with the trade and commerce register (or in dutch: Kamer van Koophandel (KvK)) under number 34309053

Having its registered office located at Taylorweg 5, 5466AE Veghel.

Phone number: tel: 0300 140 0063;

Email address: hello@lovebugpetfood.com;

VAT number: NL819782610B02

 

 (hereinafter referred to as "Direct2Pet")

 

and

 

Consumers who use the Direct2Pet websites www.lovebugpetfood.com (hereinafter referred to as the “Website”).

 

 

 

1.     Order, acceptance and confirmation of the order

 

By ordering the products through the Website, you confirm that you are over the age of 18.

 

1.1 Orders via Website

 

You may place an order directly on the Website. Once your basket has been validated, you will have to choose the delivery address, validate your means of payment and click to confirm payment.

 

Direct2Pet will acknowledge receipt of your order upon validation by sending you an order confirmation email.

 

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 

 

In certain cases, in particular for non-payment, incorrect address or any other problem related to your account, Direct2Pet reserves the right to block your order until the problem is solved.

 

 

1.2 Changing your order

 

If you wish to change or cancel your order after confirming it on the Website, you may contact Direct2Pet customer service via the contact details included in the Terms and Conditions or through your customer account. If Direct2Pet has not started filling your order, Direct2Pet may be able to change it based on your new instructions and send you a new confirmation email, in accordance with the terms of article 1 "Order, acceptance and confirmation of the order" herein. If Direct2Pet has started filling your order, Direct2Pet will not be able to change it and will notify you as such.

 

1.3 Subscription

 

You may also sign up for a Direct2Pet subscription, allowing you to set up several recurring orders, for products and according to the shipping frequency you determine. In the event that one of the products is unavailable for a given deadline, you will be informed in advance and may modify your order, for example by ordering a replacement product or even by deleting your order for said deadline.

 

In order to subscribe, you will be asked to create an account and choose a password, as well as to register your bank card as a means of payment. You promise that the information you provide to Direct2Pet will be complete and accurate and you will be solely responsible for any errors, omissions and updates. You agree to quickly update the data and information provided when necessary.

 

You must take all necessary precautions to ensure the confidentiality, security and correct use of your username and password, to prevent them from being disclosed or used by unauthorized third parties. Any connection to your account and / or transmission of data made through your account will be deemed to have been made by you and under your sole responsibility.

In the event of fraudulent use of the password and / or your username, you agree to inform Direct2Pet in writing as soon as possible.

 

The subscription is free of charge, and you will only have to pay the price of the products included in each of your orders, when they are shipped.

 

You will be able to access your subscriber area at any time in order to:

(i) change the terms of your recurring orders, i.e. the products ordered, their quantity or frequency of shipment, their delivery or billing address, or

(ii) modify or delete a specific order (for example when you are on holiday), provided that said modification or deletion occurs 48 hours before the next scheduled delivery date, in "My subscription" section of your account.

 

You may also suspend your subscription for as long as you need or cancel it free of charge at any time.   

 

2.     My account

 

2.1 Creation of an account

 

When placing your order, you may open a user account which will allow you to track your orders and consult the history of your purchases. For this purpose, you must access the "My account" section on the Website and fill in the information requested.

You may also place an order on the Website without opening an account.

 

2.2 Tracking your order

 

If you have created a customer account on the Website, you may access such account at any time from the "My account" section on the home page of the Website in order to verify the status of your order, consult your order history, cancel a subscription or update your personal information.

In any case, including if you did not create an account, you shall be informed of the progress of your order by e-mail.

 

3.     Direct2Pet products

 

The images of the products on the Website are for illustrative purposes and the packaging of the product may vary slightly from that shown in images due to technical limitations of your screen or device.

 

4.     Delivery terms

 

Your orders will only be delivered to mainland UK. Direct2Pet does not deliver to the Channel Islands, Scottish Highlands and Islands or Northern Ireland.

Several deliveries options are available, including a free delivery option.

 

Standard deliveries take place within the timeframe specified when ordering, which will generally be from 1 and 4 working days from the order being placed, or according to the terms defined in the context of your subscription. If the last day of the delivery period falls on a Saturday, on a Sunday or on a public holiday, it is automatically postponed to the next working day.

 

Orders weighing over 15 kg may be dispatched in two or more parcels (depending on weight).

 

In the event of a delay in delivery due to Direct2Pet, Direct2Pet will inform you via the contact details you provided. This is why it is important that your contact details are complete and correct. In the event of a breach of the obligation to deliver on the date indicated or within the period specified, you may cancel your order, by  mail to the following address: FREEPOST Mars Petcare, or by email to: hello@lovebugpetfood.com, if we have refused to deliver the goods, delivery within the delivery deadline was essential (taking into account all the relevant circumstances) or if you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not have the right to cancel the order as set out above, you can give us a new time for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline. After that we will refund any sums you have paid to us for the cancelled goods and their delivery.

 

All products purchased from Direct2Pet are delivered to users through a shipping company. Any risk of loss or damage to the products passes to you at the time you or a third party designated by you, and other than Direct2Pet carrier, takes physical possession of the product.

 

Once the products have been delivered to the address you have given, you will receive confirmation of delivery by email.

 

If you are not home at the time of your delivery, we will offer you the option to leave your order with a designated neighbour or in a safe place.

If the products you have purchased cannot be delivered to you after three attempts (including home delivery, contact by phone or email, etc.), your order will be cancelled and the amount you paid will be refunded through the payment method used during your order.

 

 

5.     Price and Payment

 

Direct2Pet reserves the right to adjust prices in its sole discretion at any time. Such changes will not affect orders already placed or subscription orders already sent, and you will always be charged of the prices in force at the time of your order.

 

If you are a subscriber, you will be notified by email of those changes reasonably in advance of your next delivery, and your acceptance of subscription deliveries after such notice will constitute your acceptance of the price changes. If you do not agree with the price change, you will be able to cancel your subscription at any time directly from your user account.

 

5.1 Prices

 

All prices displayed on the Website are in British Pounds and include the amount of VAT applicable in the UK.

 

If you have signed up for a subscription, the price of each of your orders will correspond to the price including VAT of the products ordered, applicable on the date of shipment of your order (any price reductions or current promotion being taken into account).

 

The price paid may therefore vary from one order to another.

 

5.2 Payment

 

Direct2Pet accepts payment by: Visa, Mastercard, Maestro, American Express, Shop Pay, Google Pay, Apple Pay and Paypal. Your account will be charged upon confirmation of the product order.

 

If you have signed up for a subscription, your payment data will be kept by Direct2Pet for the duration of your subscription. You will be charged for the price of your order on the date it is shipped. You can modify your payment details in your subscriber account at any time. In the event that your card expires, Direct2Pet will send you an email inviting you to update your payment details. If you do not perform the said update, or more generally if a payment is refused by your banking institution for any reason whatsoever, your subscription will be suspended.

 

Payment must be made in British Pounds.

 

Shipping costs are £2,99 or free with orders over £30.

 

In order to offer a secure payment system, Direct2Pet uses the secure payment systems of the main financial institutions.

 

6.     Promotions and coupons

 

If a promotional / coupon code is used, the applicable code for the concerned offer must be entered in the "Promotion code" field when ordering on the Website, or orally if you place an order by telephone and the coupon is valid for said order. Promotional codes or coupons cannot be used in combination with other promotions or coupons; only one promotional or coupon code can be used per transaction and the amount of that promotional code or coupon is deducted from the balance of the shopping cart. Direct2Pet reserves the right to restrict the use of promotional / coupon codes for payment of certain products, weight, certain shipping charges and expedited shipping charges, which will be disclosed on the applicable code or coupon. Unless otherwise specified in the terms and conditions of the offer, online discount coupons are not valid in Direct2Pet stores or any other point of sale where Direct2Pet products are sold.

 

Promotional codes / coupons cannot be used for orders made as part of a subscription. As an exception, you can use a promotional code / coupon for the first order of your subscription.  

 

We reserve the right to cancel any orders not adhering to the terms and conditions of our promotions.

 

7.     Legal rights

 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.   If your product is goods, for example cat food, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

 

8.     Withdrawal right and return of the products

 

8.1 What is the right of withdrawal?

 

You have the right to withdraw from your order without having to give any reason and without penalty, within fourteen (14) days of receipt of the products that are the subject of your order, by you or by a third party designated by you, whether your order is placed as a one-off order or as part of a subscription.

 

8.2 Conditions for exercising the right of withdrawal (when applicable):

 

To exercise your right of withdrawal, you must notify Direct2Pet of your decision to withdraw by means of an unambiguous declaration:

• By mail to the address Direct2Pet FREEPOST Mars Petcare
• By email sent to this address: hello@lovebugpetfood.com.
• By sending the withdrawal form below.

 

Withdrawal form   To FREEPOST Mars Petcare or at hello@lovebugpetfood.com.   I/we [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],   Ordered on (*) / received on (*): Name of consumer (s): Address of consumer (s): Signature of consumer (s) (only if this form is notified on paper): Date: (*) Delete as appropriate.   To comply with this withdrawal period, you must send us your request for withdrawal before the expiry of the withdrawal period.

 

8.3 Return of products

 

Once your wish to withdraw has been communicated, you must return the product purchased on the Website to the address: Lovebug, Fullers Logistics, 126 Fairlie Road, Slough SL1 4PY without undue delay and in any event within a maximum period of fourteen (14) days after you have communicated your withdrawal decision to Direct2Pet. Direct2Pet will bear the cost of returning the products.

 

Products must be returned in their original form, without use or damage to the products, and without compromising their merchantability. Direct2Pet will not accept returns of opened, unpacked, damaged or used products.

 

In the event of withdrawal from this contract or of return of the products, Direct2Pet will reimburse you all the payments Direct2Pet received from you, including shipping costs, except if you have not chosen the standard delivery option but a premium delivery option. Reimbursement will occur without undue delay and, in any event, no later than 14 days from the day Direct2Pet receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us.

The time period within which this amount will be credited on to your credit / debit card may vary depending on your bank's practices, and Direct2Pet cannot be held responsible in this regard. Direct2Pet will proceed to the refund using the same payment method you used for the initial transaction, unless you expressly agree otherwise; in any case, this reimbursement will not incur any costs for you.

Direct2Pet may withhold reimbursement until Direct2Pet receives the product or until you provide proof of shipment of the product, whichever is the earliest.

As an alternative, you may also choose (but are not obliged to) not to be reimbursed but to obtain a credit note for the value of your returned products and their standard delivery fees.

 

 

9.     Limitation of liability

 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

 

We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

10.  Customer service

 

If you have a problem with your order, subscription or question, you can contact LoveBug at hello@lovebugpetfood.com or at tel 0300 140 0063  (cost of a local call) working hours:

Monday to Friday from 9am to 5pm.

 

11.  Personal data

 

Direct2Pet may collect and process several categories of personal data that you provide. Direct2Pet will keep your personal data secure. For more information, please see the Privacy Policy www.mars.com/privacy

 

 

 

12.  Intellectual Property

 

Direct2Pet retains full and complete ownership of all documents and information provided on or through the Website, including all illustrations, graphics, text, video and audio clips, trademarks, logos and other content (collectively referred to as " Direct2Pet Content").

If you agree to these Terms and Conditions (and any additional terms relating to specific Direct2Pet Content), you may download, print and/or copy Direct2Pet Content for your personal use only.

Unless you have been given written permission by Direct2Pet, you may not do any of the following:

• Incorporate Direct2Pet Content into another work (such as on your own website) or use Direct2Pet Content for public or commercial purposes,
• Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, post, display, publish, transmit, transfer, license or sell Direct2Pet Content in any form and by any means whatsoever,
• Modify a notice concerning copyright, trademarks or any other intellectual property right that relates to Direct2Pet Content, or
• Establish an "invisible link" to a page on the Website (i.e. link to a different page from the home page of the Website).

 

13.  Governing law and jurisdiction

 

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

14.  Money Back Guarantee

 

14.1 We want you to be completely satisfied with your purchase, however, if you’ve tried our Lovebug cat food, and are unsatisfied in any way, you can make a claim under our 30-Day Money-Back Guarantee without giving any reason subject to the following conditions.

14.2 This offer is limited to one claim per household in any 12-month period. We will refund the full amount of the order you are claiming for provided that you return the unopened and unused packs to us were requested to do so (see paragraph 14.5).

14.3 This is only available for products purchased when the 30 Day Money-Back Guarantee is advertised on our website.

14.4 You must notify us that you wish to make a claim against our 30-Day Money-Back Guarantee within 30 days of receiving your order (for one-off purchases) or the first instalment of your order. You may do so by contacting our customer care on  hello@lovebugpetfood.com.

14.5 If you are claiming a refund for more than one bag purchased at the same time, please contact our customer service team to discuss returns of the unopened and unused packs. If we request you to return such packs, unless otherwise agreed with us, any shipping costs incurred for the return of the product will be borne by the customer.

14.6 We will issue you with a full refund (minus any shipping paid and not including any costs incurred by you for returning any unused product(s)) to the same payment card with which the order was made, within 14 days of you notifying us.

14.7 We reserve the right to amend or cancel this promotion at any time without notice.

14.8 This offer is separate from any legal rights you may have if there is an issue with the service such as the bags not being of satisfactory quality or any cancellation rights you may have as detailed in Clause 8.

 

15.  Terms and conditions for our money off promo codes

Unless otherwise expressly stated in the terms accompanying our money off promotional codes, where we have issued you with a money off promotional code, the following shall apply:

 

• Each offer is limited to one redemption per household and applies only to one order with a maximum of 4 bags of 1kg.
• The code can only be used for one-time purchases and cannot be used for subscriptions.
• Each code may only be used once. If used more than once, we reserve the right to cancel the order.
• The promo code is only valid on lovebugpetfood.com and you must redeem the code by the date stated in the terms accompanying the money off code.
• You must enter the money off promotional code that you received at checkout to receive your discount.
• Codes cannot be used together with any other discount codes.