VIRBAC LIMITED’S ONLINE TERMS AND CONDITIONS
Last updated: 16 April 2014
These Terms and Conditions, and any Contract between you and us, are only in the English language.
You should print a copy of these Terms and Conditions or save them to your computer for future reference.
If you have any queries, comments or complaints regarding the Site or these Terms and Conditions, please contact us.
Information about us / Definitions
“We” are Virbac Limited, a company registered in England and Wales under company number 01069800 and with our registered office at Woolpit Business Park, Windmill Avenue, Woolpit, Bury St Edmunds, Suffolk, IP30 9UP, England. Our VAT number is 445862818.
We operate the website http://order.virbac.co.uk (the “Site”) and are responsible for providing the products made available through the Site.
What are these Terms and Conditions about?
We thank you for taking an interest in the Site and ask that you take time to read these Terms and Conditions carefully. They explain a number of things including, for example, the rules covering your use of the Site as well as other information regarding your rights. There is also a section below that explains the legal terms and conditions that will apply if you purchase products through the Site. Users who do not accept these Terms and Conditions are not authorised to use or continue using the Site.
The Terms and Conditions may change from time to time and, if they do, the up-to-date version will always be available on the Site. We will also indicate at the top of these Terms and Conditions when they were last updated. Any revised version of these Terms and Conditions will be effective immediately when it is displayed on the Site.
What must you do and not do when accessing the Site?
In accessing any part of the Site, you agree:
· to behave in a respectful way to all other users of the Site and not to use the Site in such a way that disrupts, interferes with or restricts the use of the Site by other users;
· not to upload, display or transmit any materials through the Site which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world;
· not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the Site or attempt to transmit to or via the Site any information that contains a virus, worm, Trojan horse or other harmful or disruptive component;
· not to change, modify, delete, interfere with or misuse data contained on the Site and entered by or relating to any third party user of the Site; and
· not directly or indirectly to suggest any endorsement or approval by us of a product or service (for instance, a personal website) or any non-Virbac entity, product, service or content.
Where you are required to use a password to access any part of the Site, you agree:
· to ensure that any details supplied to us in order to register for such access are accurate and to advise us promptly in the event that any such details change;
· to be entirely responsible for any activity that occurs under your login details;
· to keep secret any password used by you; you must change your password if you believe it is no longer secret including staffing changes; and
· if we believe that you have not abided by these Terms and Conditions, we, in our sole discretion, have the right to refuse you any use of and/or access to the Site or any other Virbac site, with or without notice.
What content is published on the Sites?
“Our Content” means all text, graphics, toolkits, resources, user interfaces, visual interfaces, photographs, trade marks, logos, video media, artwork, designs and other content made available to you by us through the Site.
We are the owner or the licensee of all intellectual property rights in Our Content and in the design, structure, "look and feel" and the arrangement of the Site. The content and materials are protected by copyright laws and treaties around the world.
How may content be used?
You may access, download, view and/or listen to Our Content as supplied to you by the us and you may not, and you may not assist anyone to, or attempt to, reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, distribute, commercially exploit, transmit or otherwise use in any way Our Content in whole or in part except to the extent permitted in these Terms and Conditions, any relevant additional terms included on the Site and at law.
You may view, print off, and download extracts, of any page(s) from the Site for your personal use or for internal circulation within your organisation and you may draw the attention of others to material posted on the Site. This permission to reproduce material does not extend to material identified as belonging to third parties, where users must obtain the permission of the relevant owners before reproducing such material.
Material contained on the Site may not otherwise be copied, reproduced or redistributed in whole or in part without our prior written consent. In particular it must not be reproduced or exploited for commercial gain. All other rights are reserved and users must ask permission from us before making any other use of material contained on the Site.
How will your privacy be protected?
We are the data controller of any personal data collected through the Site for the purpose of the Data Protection Act 1998.
What happens if anything goes wrong with the Sites?
Owing to the nature of the Internet, we cannot guarantee that the Site or any websites to which they are linked will be available to you. You should ensure that you have appropriate protection against viruses and other security arrangements in place whilst using the Internet.
Although every reasonable effort has been made to ensure that the information on the Site was accurate at the time of publication, it is subject to variation at any time without notice and the material displayed on the Site free of charge is provided without any guarantees, conditions or warranties as to its accuracy.
The Site, and any information or other material contained on it, is made available strictly on the basis that you accept it on an ‘as is’ and ‘as available’ basis. Where you rely on any information or other material contained on the Site, you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of the Site are excluded to the fullest extent permitted by law.
Virbac Limited, its subsidiaries and holding companies, the subsidiaries of their holding companies and each of their respective officers, directors, shareholders, employees, representatives and agents exclude all liability arising from your use of the Site to the fullest extent permitted by law (except where liability arises from your purchase of products through the Site, in which case please see “What terms and conditions will apply if you purchase products through the Site?”).
Which laws apply to your use of the Site?
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
What terms and conditions will apply if you purchase products through the Site?
This section tells you information about the additional legal terms and conditions on which we sell any products listed on the Site to you.
These Terms and Conditions (including without limitation the terms set out in this section) will apply to any contract between you and us for the sale of products. Please read this section carefully and make sure that you understand them before ordering any products from the Sites. Please note that by ordering any of the products, you agree to be bound by the terms of this section and the rest of these Terms and Conditions (to the exclusion of all other terms and conditions, including without limitation any terms or conditions which you purport to apply under any purchase order, confirmation of order).
If you refuse to accept the terms set out in this section, you will not be able to order any products from our site.
We may amend this section from time to time. Every time you wish to order products, please check these Terms and Conditions, and in particular this section to ensure you understand the terms which will apply at that time.
In what capacity may you purchase products?
By placing an order with us for any products, you confirm that you are at least 18 years old and that you are placing an order in the name of a partnership, company or other legal entity, that you have the right and authority to place the order and to accept these Terms and Conditions on behalf of such partnership, company or other legal entity.
If we are unable to supply you with a product, for example because a product is unavailable or because of an error in the price on the Site, we will inform you of this by e-mail and will not process your order for the product(s).
How do you cancel an order?
To cancel an order, you must contact us in writing by sending an e-mail to email@example.com stating the time/date and details of products ordered. You may wish to keep a copy of your cancellation notification for your own records. Cancellation requests must be received by 15.00 on the day of order to avoid returns charges Returns outside of this time frame will be charged at £4.50 + VAT per product).
When will you be able to receive the products ordered?
Your order will be fulfilled in accordance with the normal distribution policy had the order been placed manually. Orders placed before 14.30 on a normal working day (Monday-Friday, excluding Bank Holidays) will be scheduled for next working day delivery..
What will the products cost?
The prices of the products will be as quoted on the Site. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
The price of a product excludes VAT. VAT will be added when invoiced.
Please note it is always possible that, despite our reasonable efforts, some of the products on the Site may be incorrectly priced. If we discover an error in the price of the products you have ordered, we will inform you of this error and give you the option of continuing to purchase the relevant products at the correct price or cancelling your order. We will not process your order for the product(s) with the incorrect price until we have your instructions on this. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled for these incorrectly priced product(s) and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the relevant product(s) to you at the incorrect (lower) price.
How do you pay for Products?
Orders will be invoiced to you on despatch and subject to your normal payment terms.
What happens if an event outside our control occurs?
We will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under an order that is caused by an Event Outside Our Control. An “Event Outside Our Control” means any act or event beyond our reasonable control.
If an Event Outside Our Control takes place that affects the performance of our obligations under an order:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under an order will be suspended and the time for performance of those obligations will be extended for the duration of the Event Outside Our Control.
What do I do in the event of damages, shortages or any other product(s) issues?
In the event of any delivery, quality or service discrepancies please contact firstname.lastname@example.org or call Virbac customer services on 01359 243243 within 2 working days following your delivery. All damaged product(s) will require additional evidence in the form of a clear photographic image of the damaged/faulty product(s) and we shall contact you within one working day to discuss your replacement/refund requirements.
Are there any minimum order requirements/quantities?
All orders are subject to our current minimum order quantity, currently 1.5kg of product(s). This is subject to change at our discretion and you will be informed of any changes through these terms and conditions.
Are there any other terms that apply to the order?
We may transfer and or subcontract our rights and obligations under an order to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
Any order is between you and us. No other person shall have any rights to enforce any of its terms, whether under the UK Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each sentence of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sentences will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that the we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Competitions, giveaways & prize draws
These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Term ("Terms"), together to be defined as the "Competition", unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Terms. The Competition(s) is organised and operated by Virbac along with its prize partners (where applicable). (Virbac may be referred to as "us", "we").
Qualifying Entrants: Open to residents of the United Kingdom. Virbac employees (and immediate family) are not eligible to enter Competition. Employees (and immediate family members) of any company involved in the Competition or, if relevant, any advertising agency connected with the competition are not eligible to enter the Competition. We assume that by entering the Competition (and you warrant that) you agree to the Terms (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the Competition and use of these Terms. We reserve the right to disqualify any entrant if we have reasonable grounds to believe the entrant has significantly breached any of these terms and conditions. In the event that any entrant is disqualified from the Competition, in our sole discretion we may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Terms.
Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry. Proof of posting cannot be accepted as proof of delivery. We cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or communications failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or as a result of server functions, virus, bugs or other causes outside our control. Entrants should note that unless stated otherwise by us, we do not accept responsibility for the return of any Competition entries, including those consisting of artistic or other material, and may dispose of entries at our discretion.
Prize winners will be chosen at random unless specified otherwise in the Competition Notice. In all matters, the decision(s) shall be final and no correspondence or discussion shall be entered into. Prize winners will be notified. Prizes are non-transferable, there is no cash alternative, nor will any alternative prize be available. Prizes are awarded at our discretion and prizes may be withheld in the event of improper actions by or on behalf of any entrant.