Terms & Conditions
1.0 Who we are. Herbie Wilde is a website operated by Plant Based Pets ltd a company registered in England and Wales under company number 12667925. Our registered office is Herbie Wilde, Hikenield House, East Anton Court, Icknield Way, Andover, SP10 5RG Our VAT number is 405701627.
1.1 How to contact us. If you have any questions, or if there is something we can help you with, please contact us at firstname.lastname@example.org.
1.2 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order or by calling the number you have provided as part of your account details.
2.0 What these Terms & Conditions cover. These Terms & Conditions apply to all transactions made at www.herbiewilde.co.uk and which govern how you use the website and how we may interact with you. These terms and conditions govern the relationship between you, the customer (“you”, “your”) and us and the legal terms under which we sell any of the products on our Site or via the telephone, live chat, social media or email. These Terms will apply to any contract between us for the sale of products. Please read these Terms carefully and make sure you understand them before ordering any products from the Site.
2.1 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information. The terms also cover subscription contracts including how you and we may change or end the contract.
2.3 If you don’t agree. If you do not agree to these Terms, please do not use our Site, set up an account, or enter information into the functional areas of the Site or order any products from us. Please note that, if you wish to order products from our Site, you must accept these Terms. By using this Site and making a purchase you signify your acceptance of these Terms.
2.5 Changes to these Terms. We amend these Terms from time to time. Every time you wish to use our Site or purchase products from us, please check these Terms to ensure you understand the Terms that apply at that time. If you have started a subscription with us, and you do not agree to any subsequent changes to these Terms, you must cancel your subscription. Details on how to cancel are set out below.
2.6 Changes to the Site. We may make changes to the Site to reflect, amongst other things, our business priorities. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any major changes or any suspension or withdrawal.
3.0 Registering with us. In order to purchase any products and to take part in our consultation, you will need to register with us using the process set out on the Site. By registering with us, you will create a user account (your “Account”) and a unique username with associated information for you and your pet(s). This gives you access to the functional areas of the Site where you can edit information and add information relating to you and your pet (the “Logged in Pages”), and means you are able to purchase products from us.
3.1 Your account details. You must ensure the details of your Account including your username, password or any other piece of information as part of our security procedures, are kept confidential and secure. You must not disclose it to any third party. You must also ensure that any details you provide to us in connection with your Account are complete and accurate as this may affect our ability to provide our products to you.
3.2 Disabling your account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.3 Unauthorised access. All Accounts are non-transferable and you cannot assign or transfer your Account to someone else. If you are in the United Kingdom and if you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing us at email@example.com, by calling us on (+44) 07435 464 009
3.4 Changes to your Account. You are responsible for all actions and changes to your Account in the Logged in Pages of the Site (including but not limited to change of pet details, subscription plan, postal address and delivery instructions).
3.5 You must be over 18. Our Site is only intended for users over the age of 18. By registering an account with us, you are confirming that you are at least 18 years of age.
3.6 As an Authorised User, you agree not to impersonate any other person whilst using our Site. You will not access, store, distribute or transmit any viruses or other material during the Subscription (defined below) that is unlawful, defamatory, obscene, or offensive or which is illegal or promotes violence.
3.7 When you register with us on our Site you will be asked to create a password which is associated with your Account. It is your responsibility to choose a secure password and keep this safe. You are responsible for all purchases made on your Account. You are responsible for all actions and changes to your Account in the My Account section of the Site (including but not limited to change of Dog details, My plan/s, Delivery address and Delivery instructions). We have the right to disable any Account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows information to log-in to your Account, you must promptly notify us.
ORDERS AND SUBSCRIPTIONS
4.0 Our subscription. When you sign up for one of our regular plans, you will be subscribed to a regular order of products from us. These products will be provided to you at the intervals set out on the subscription page in accordance with these Terms & Conditions. You may pause deliveries within your subscription by using your account to alter the next payment date. Subsequent delivery schedules will then be recalibrated from the new delivery date.
4.1 Order acceptance. Acceptance of the order is automatic with the receipt of your order having been dispatched by email.
4.2 Payment details. In order to purchase products from this website, you must use correct, accurate and valid payment card details or an active third party payment provider account with either PayPal, Google or Apple Pay.
4.3 Order refusal. We work hard to ensure that all the information on our website is accurate, however, occasionally mistakes can occur. If we discover an error in the price or description of a product you have ordered we will let you know so you can decide whether to cancel or continue with your order.
4.4 Detail Changes. You must promptly inform us of any changes to the information that you provided us with including your payment details which may affect your order. Please email us at firstname.lastname@example.org if you require changes to your delivery address after you have placed an order. We also reserve the right not to process your order. If you have not updated your card details and your subscription payment fails we will try a further six times to take the payment and will not ship the products unless payment has been accepted.
4.5 Subscription changes. In relation to our subscription products, if you require any changes including cancelling or moving a delivery date to take effect prior to your next delivery you must do this within your online account prior to the cut-off date and time. This cut-off is 9am the day before your subscription order is processed. We reserve the right to change the cut-off date and time and will notify you of this change. You will be unable to make a change to your order after this cut-off time, including but not limited to cancellation, address changes, payment details, and box contents. You will be charged for any delivery which is active at the time of cut-off. We reserve the right to change the cut-off date and time and will notify you of this change.
4.6 Prices & charges. The total price breakdown will be displayed on the website prior to you confirming the order (plus VAT where appropriate). At this point, you can modify any details prior to completing the purchase. Delivery charges are calculated separately, you can find information on these along with any surcharges on our Delivery & Returns page. All of our prices, offers, and products are subject to availability and may change before (but never after) we accept your order.
4.7 Order payment. The charge for the total price will be charged to the payment card we hold on your account for you at the cut-off time for each specific order. When you make a purchase you authorise us or our third-party payment processor to charge your payment method for any such purchases that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. When you purchase our products you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third-party payment processor, that processor’s terms and conditions apply to your payment transaction.
4.8 Updating or cancelling your subscription. You can manage your future orders with us through your account. Any changes you make may change the price of your order which will be displayed once you have submitted these changes. Your subscription will remain in place unless cancelled which can be done through your account. If you cancel your subscription and then reactivate it the price may be different.
4.9 Non-subscription purchases. Our products can also be purchased as a one-off purchase. These products are sold on the same basis as our subscription products and are subject to these Terms & Conditions.
5.0 Products may vary slightly from their pictures. The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.1 Product packaging may vary. The packaging of the product may vary from that shown in images on our Site. Furthermore, all of our products are made like you would at home and the exact weight of each individual item may vary slightly from the weight shown on the packaging.
5.2 Our ingredients. We use largely natural ingredients to create our food products and we hope you will be happy with them. These ingredients or the methods we use to make the products may change from time to time due to business or operational reasons and as we reserve the right to make minor changes to the product without notice and at our sole discretion.
5.3 Allergen advice. Please read the ingredients of our products before feeding the contents to your pet. It is your responsibility to ensure that any food you feed to your pet does not cause an adverse reaction and we cannot be held responsible for any allergic reaction your pet may have or any adverse consequences.
5.4 Your rights to make changes If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
PROVIDING OUR PRODUCTS FOR YOU
6.0 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.1 During the order process we will let you know when we will provide the products to you. Products ordered from us can be delivered to addresses within the UK (including Northern Ireland). This excludes PO Boxes and BFPO addresses. Proof of delivery is only obtained under some circumstances. Please note, we may refuse to deliver to a particular location however we will tell you when you apply to register an account with us whether we can deliver to your address.
6.2 When we will deliver your order. For subscription products, you can select the delivery dates for your first delivery at the time you place your order or through the Logged-in Pages. Future deliveries run on a regular schedule that you can see in the Logged-in Pages for your Account. This includes the price of the next order to be shipped and the delivery dates for this. Please note, actual delivery times may vary depending on your location, our stock availability and when you finalise your information on the Logged in Pages. For non-subscription products, we will provide an estimated delivery date when you place your order but will do our best to update you in the event that this is likely to change.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If we are unable to deliver the product. If no one is available at your address to take delivery, the product will be left, where practical, in your specified safe place. If no safe place is recorded on your account, the delivery will be left at your address in the most suitable location. We are unable to arrange a re-delivery, or change the location of the delivery of the product once it is in transit. If you are not at home to receive your delivery,
6.5 Missing deliveries. If you are in the UK, you must report missing or undelivered deliveries by emailing us at email@example.com, by calling us on 07435 464 009.
6.6 When you become responsible for the goods. The goods delivered will be your responsibility from the time we deliver the product to the address you gave us. You will be notified by our delivery partner of when this is.
6.7 When you own goods. You own a product once we have received payment in full.
6.8 What will happen if you do not give required information to us. We need certain information from you so that we can supply the products to you, for example, the details of your pet or your delivery information. If you do not give us this information, we may not be able to deliver your products.
6.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to deal with technical problems or make minor technical changes or update the product to reflect changes in relevant laws and regulatory requirements.
6.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend your account and the future supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended.
REFUND AND CANCELLATION
7.0 Subscription cancellation: You can cancel your subscription at any time by visiting your account and cancelling the day before your next subscription is due to be paid. If the order has already been generated and dispatched you can still return the goods under our standard returns/refund policy. You can also pause your next delivery within your account by changing your delivery schedule and selecting the time frame you want for your next delivery.
7.1 Product refund: If you are a consumer you have the right to cancel your contract with us for any unused and unopened products within a period of fourteen days starting the day after your receipt of the products as reflected by the carrier’s recorded date of successful delivery. To exercise your right to cancel, you must inform us by contacting us via email at firstname.lastname@example.org.
7.2 Product return: You can return any of our products within 30 days of delivery for a refund. To be eligible for a refund, your items must be unused and in the same condition that you received them. We can’t cover postage costs for products that aren’t faulty or damaged, so please return these to us on a tracked service within 30 days of receiving your order. To return a product, please contact us at email@example.com for more information. Make sure you email us with your order number and returns tracking code at firstname.lastname@example.org
7.3 Our right to cancel: Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us at our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
IF THERE IS A PROBLEM WITH THE PRODUCT
8.0 Problems with the product. We want you to be satisfied with the products you receive from us. If you propose to end the contract because you are not satisfied, please follow the steps outlined below: (a) Email us from the email address associated with your user account. Please include details of the product that you are not happy with and the reason for this. Please do this within 7 working days of receiving your product from us. (b) We may request further information from you regarding your complaint. (c) If a fault is agreed on our part, and/or a refund, credit or discount is agreed, we will endeavour to refund you within 7 business days. (d) We reserve the right not to refund, credit or discount your account if we believe the product to have been sent in a saleable and suitable condition and that you were supplied with the product you ordered from us.
8.1 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these Terms will affect your legal rights.
SUMMARY OF YOUR KEY 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. 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.
OFFERS AND DISCOUNTS
9.0 New Customers. We may offer new and/or existing customers special offers from time to time. Where we make such offers, introductory offers are only available to new users of the Site. Previously registered users do not qualify for an additional offer, unless expressly stated. “Previously registered users” refers to any combination of: a user with an Account at Herbie Wilde, a credit or debit card, a credit or debit card holder, a delivery address, a cardholder address, or a household, who has previously made use of the our service.
9.1 Limitations on offers. Please note the following in relation to any offers we make: (a) All offers are limited to one individual subscription, unless otherwise explicitly stated; (b) We may cancel any special offer, introductory offer or discount at any time without notice; (c) At our sole discretion, we may restrict who may enter into offers for any reason; (d) Promotional offers and discounts are available for limited time periods only; (e) Account credits and offers cannot be redeemed for cash.
9.2 Refer a friend scheme. The Refer a friend scheme allows existing Herbie Wilde customers to share unique codes with their friends to enable them to claim a discount on their first order. Discounts can only be used by new customers who have not previously had a Herbie Wilde account or delivery. As a Herbie Wilde customer you can refer multiple friends, and claim a maximum of £250 credit each calendar year. Beyond this point you can continue to refer friends, however you will not receive any further credit. A ‘successful’ referral occurs when your friend signs up to Herbie Wilde using your unique referral code and has their first order delivered. When you receive a referral code as part of this scheme, you agree that you will not share this code with any other person including, but not limited to, posting the code on any website or social media platform, sending the code through a private messaging service and ads referring to the trademark for competitive purposes. We reserve the right to withdraw participation in the scheme for any user who breaches these Terms.
9.3 Misuse of offers. We reserve the right to put any user account(s) or pet profile(s) on hold and prevent outgoing deliveries, and/or remove any offer from any user account(s) where we become aware of or detect any abuse or unfair treatment of the Herbie Wilde gifting scheme, referral code(s) and associated Reward(s).
9.4 You must have a valid Account. We require you to sign up with a user account at herbiewilde.co.uk in order to redeem any offer. This process is detailed in the ‘Registration and Accounts Management’ section of the Site, and specifically this registration process includes you registering a valid credit or debit card, this includes registering with free and discounted offers.
9.5 Other offers. Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
9.6 Redemption of offers. Purchase of our products is only via our Site, and requires a registered account with valid payment and delivery details to redeem a free or discounted offer, or to redeem an account credit
9.7 Using our offers. After any discounted offer you will be charged the full price for subsequent orders until such time as another applicable and valid discounted offer is applied, or you cancel active subscriptions and orders with us.
CONTENT ON THIS WEBSITE
9.0 IP rights: We are the owner or the licensee of all intellectual property rights in our website, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.1 Website content: Our website may include at any given time text, graphics, logos, icons, images, sound clips, video clips, and data compilations, and together with the Website’s page layout, underlying code, and software.
All of the content is the property of Plant Based Pets Limited, our affiliates, or third parties with whom we do business, and this means that it is protected by United Kingdom and international intellectual property laws and other relevant laws. This means that, except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1988 (which contains what are generally known as the “fair use” provisions for copyrighted materials), you may not reproduce, copy, distribute, store or in any other fashion re-use material from our website unless otherwise indicated on the website or unless given express written permission to do so by Herbie Wilde.
9.2 Trademark: Herbie Wilde is a UK registered trademark of Plant Based Pets Limited. You are not permitted to use this or any other trademarks owned by us without our approval unless they are part of material you are using as permitted under these Terms & Conditions.
10.0 Information on this website: The content on our website is provided for general information only. While we do have information on our website from experts in pet care it is not intended to amount to advice on which you should solely rely on. You must obtain your own professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
10.1 Linking To This Website: You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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. We reserve the right to withdraw linking permission without notice.
10.2 Links To Other Websites: This website may contain links to other websites. Unless we expressly say otherwise, you should assume that these other websites are not under the control of Plant Based Pets. We assume no responsibility for the content of such websites, and we disclaim liability for any and all forms of loss or damage arising out of the use of them. Additionally, even if we include a link to another website on our website, that does not mean that we endorse that other website or in any way recommend that you should use it. These terms and conditions only cover the herbiewilde.co.uk website.
Equally any other websites that linked you to www.herbiewilde.co.uk, are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites that are not under our control.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.0 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, 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.
11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987
11.2 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.
12.0 Our recommendations. You acknowledge that the feeding guides and recommendations provided by us are intended as a guide only. It is your responsibility as a pet owner to monitor your pet’s weight and condition, and to let us know any changes in either weight or condition as these may impact your tailor-made feeding plan. If you have any concerns about your pet’s weight and condition, please consult your vet. Any advice given by a Herbie Wilde team members, including our in house Veterinarians or Nutritionists is general in nature, and not specific to your pet and we always recommend speaking to your local vet who knows your pet’s medical history and can examine them in person.
12.1 No medical advice. Nothing on our Site or communicated to you by us or any of our representatives, including advice from our in-house Veterinarians or Veterinary Nurses is intended to be, nor should be, taken as medical advice. Please consult your vet if you have any concerns over the health of your pet.
12.2 Handling your products. Customers should be aware that an order from Herbie Wilde can be heavy, and so extra care should be taken when accepting delivery and unpacking the contents of the order, doing so directly from the box at ground level if required.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
14.0 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.1 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
14.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.5 Which laws apply to this contract and where you may bring legal proceedings. 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.
HOW TO CONTACT US
15.0 Contact Information: If you have any questions or comments regarding these Terms & Conditions or the website, please feel free to contact us:
Address: Herbie Wilde, Hikenield House, East Anton Court, Icknield Way, Andover, SP10 5RG
Telephone: 07435 464 009
15.1 Complaints procedure: If you wish to make a complaint about Herbie Wilde please contact us using our contact details above.