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Terms & Conditions

 This website is owned and operated by The Howl Emporium Ltd, registered adress 19 Wharf Street, Dukinfield SK16 4JF.

All copyright and other intellectual property contained within the website belong to The Howl Emporium Ltd and as a visitor you are not permitted to download more than a single copy of each material for your own private viewing purposes only. No distribution of the contents of this website is permitted without express permission from ourselves. 

Your Account

If you use this website, you are responsible for (1) maintaining the confidentiality of the account and your password (2) restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibilty for all activities that occur under your account and password. It is your rsponsibility to inform us if you belive your account has been compromised and is being used, or may likely be used, in an unauthorised manner. 

You must ensure all details, including billing and delivery addresses are correct at the time of purchase. If the wrong delivery address is provided by yourself, this cannot be rectified after the dispatch of the order.You are responsible for keeping all registered details on your account up to date. You can update by going to 'my account' entering your security information and then updating any information you need to. 

On this website we sell products for purchase by people aged 18 and over, by using this website you acknowledge that you are over 18.

Website information and availability

If a fault occurrs with the website you should report it my emailing customer services at info@thehowlemporium.co.uk and we will correct the fault as soon as we reasonably can.

Your access to the website may be restricted from time to time whilst we carry out maintainence, repairs or the introduction of new products/services. In this instance we will restore service as quickly as we can.

Whilst we do our best to ensure that ingredients, feeding guides and analysis are up to date, there may be occasions where a manufacturer has changed their recipe and this has not yet been reflectved on the website, so please always refer to the product packaging on reciept for the most up to date and fullest copy of product ingredients.

Promotions, vouchers and competitions

From time to time we or third parties may run offers, competitions or vouchers on the website. Each such offer is subject to its own individual terms, but all are subject to availbility at all times. Your statutory rights are not affected. 

Right to suspend or cancel your registration

We may suspend or cancel your registtration to the website immediately or restrict or prevent your access to the website at our reasonable discretion if you breach any of your obligations under these terms and conditions. 

You can cancel this agreement at any time if you give us notice in writing (email info@thehowlemporium.co.uk)

Ordering Goods

All orders placed through the Website will be subject to our acceptance of the order.

When you submit an order to us on the Website, you will receive an email from us acknowledging your order ("Acknowledgement Email"). You should check this email for accuracy and let us know immediately if there are any errors. Please note that the Acknowledgement Email does not mean that your order has been accepted. Your order constitutes an offer to us to buy goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the goods have been dispatched to you (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation" (“Contract”). Title to the goods will pass to you on delivery to you provided payment has been made in full. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such goods has been confirmed in a separate Dispatch Confirmation.

Where you have used a promotional code to obtain a discount off the price of your order, acceptance of this order is subject to our verifying that the code has been issued to you personally and that you have complied with all the terms of the offer and qualify for the promotional code. In the event that the code has not been issued to you for your personal use, or you do not qualify for the promotion, the price of the order will be adjusted notwithstanding any email confirmation which you receive. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.

Pricing, processing and payment

The price of any goods will be as quoted on the Website from time to time, except in cases of obvious error. Subject to condition 8.4 below, in the event of obvious inaccuracies in the prices quoted on the Website, we reserve the right not to fulfil and/or to cancel any orders placed by you in reliance on the inaccurate prices.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Payment for all goods, either by credit or debit card, will be taken from your card at the time we receive your order, once we have checked your card details and stock availability. Any payment made to us will be refunded if we do not accept your order.

Whilst it is our intention to keep the Website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.

All prices shown on the Website are inclusive of VAT. Delivery charges are clearly highlighted throughout the Website.

Availability and Deivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances such as a Force Majeure Event

Consumer Rights

If you are contracting as a consumer, you may cancel any Contract between us at any time within 28 days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with our refunds policy set out in condition 11 below.  This is in addition to your statutory rights.  If you are unhappy with the goods you have received or don’t believe that they reflect those you Contracted with us for then please contact us  immediately as we have a duty to ensure you receive the goods you contracted with us for.

Refunds Policy

When you return a product to us pursuant to condition above (in addition to your statutory rights):

 and where the goods are not defective, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day that we receive the goods in question back from you or you provide evidence to us that you have returned the goods to us. In this case, we will refund the price of the goods in full together with the original delivery charge (provided you return the full order to us), but not the costs you incur in returning the item to us; or
 because you claim that the goods are defective, we will examine the returned goods and will notify you of your refund by either post, telephone or email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

Please ensure that you return goods to us within 14 days of your cancellation of the Contract. This does not affect your statutory rights where the goods are faulty or not as described.

In the case of returns pursuant to condition above, i.e., returns of non-defective goods, , We may also reduce the amount of money refunded to you where you have used the goods beyond the handling that is necessary for you to make sure the goods are as you expected, for example the handling you would do in a shop. This is in accordance with your statutory rights. 
Unless we have agreed otherwise, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Risk and Title

The goods will be at your risk from the time of delivery.

Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.

Our Liability 

We warrant to you that any goods purchased from us though the Website are of satisfactory quality and reasonably fit for the purposes for which products of such kind are commonly supplied.

We shall not be responsible to you or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these Terms and Conditions, including such damage as may be reasonably foreseeable at the date you order the goods.

If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the goods you purchased.

If you are contracting as a consumer, our liability for any claim for loss or damage shall be limited to three times the purchase price of the goods you purchased.

Nothing in these Terms and Conditions shall exclude or restrict our liability:

For death or personal injury caused by our negligence;

Under section 2(3) of the Consumer Protection Act 1987;

Written Communications 

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

Strikes, lock-outs or other industrial action;

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

Fire, explosion, inclement weather, including storms, flood, earthquake, subsidence, epidemic or other natural disaster;

Inability of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

Impossibility of the use of public or private telecommunications networks; or

Systems affected as a result of computer hacking or virus

The acts, decrees, legislation, regulations or restrictions of any government

Our performance under any Contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under any Contract between us may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of any Contract between us, to insist upon strict performance of any of your obligations under any Contract between us or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under any Contract between us, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 14 above.

General

The use of the Website and any Contracts formed between us are governed by English law. Any dispute arising from, or related to, such use and any such Contracts shall be subject to the exclusive jurisdiction of the courts of England. We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Overseas orders (i.e. orders from outside the United Kingdom) will not be accepted.

 A person who is not a party to these Terms and Conditions or any Contract between us shall have no right to enforce any term of the Terms and Conditions and/or any and/or all Contracts between us under the Contracts (Rights of Third Parties) Act 1999.

If any provision of these Terms and Conditions or any provisions of any Contract between us are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.

We may assign, charge or transfer any of our rights or subcontract any of our obligations under these Terms and Conditions or any Contract to any third party at any time.

You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these Terms and Conditions and/or any Contract between us except with our specific prior written permission in writing.

We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on the Website. You will be subject to the policies and the Terms and Conditions in force at the time that you order goods from us, unless any change to those policies or the Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods). If you do not wish to accept the new Terms and Conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.

These Terms and Conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our trading relationship.

We will endeavour to verify the accuracy of any product or pricing information which we place on the Website, but we make no warranties or guarantees (whether express or implied) in relation to the accuracy of such information. You must bear the risk associated with the use of the Internet.

Amendments to these additional terms

We reserve the right to amend these Additional Terms from time to time for any reason including for legal or regulatory reasons or to allow the proper operation of the easy-repeat Delivery Service. Any such amendment may be made by way of updating these Additional Terms and posting the amended Additional Terms on the Website. Your continued participation in the easy-repeat Delivery Service constitutes your acceptance of those amendments. If you do not agree to any changes to these Additional Terms, you must cancel your easy-repeat scheme. Details on how to cancel your easy-repeat scheme are included in these Additional Terms. 

 

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