Terms

Introduction
We are petTracer Limited (UK registration number: 11598389) trading as ‘petTracer’.
Please read these terms carefully. They apply to your use of our website, petTracer.co.uk (‘Website and app’), any purchases you make via our Website, or any products you seek to return. These terms (‘Terms’) tell you who we are, how we will provide products to you, how you and we may change the contract, what to do if there is a problem and other important information. If you have any questions, please contact us via email on
hello@petTracer.co.uk

1. General
1.1 For the purpose of these Terms, the following words shall have the following definitions:
(i) ‘We’, ‘us’ or ‘our’ refers to petTracer Limited or petTracer AG
(ii) ‘You’ or ‘your’ refers to the person using our Website to buy Products from us
(iii) ‘Parties’ refers to both petTracer Limited, petTracer AG and you
(iv) ‘Product’, ‘Products’ or ‘Hardware’ refers to any petTracer product be this the collar, HomeStation or others
(v) ‘Services’ refers to the use or the petTracer portal or app

1.2 By accessing our Website or purchasing Products on it, you agree to be legally bound by these Terms and any documents referred to herein. Our Privacy Policy, delivery information, Returns Policy (as detailed on our Website) and the information contained in our post-order correspondence with you, all form part of the contract for sale between the Parties as set out in full here.

1.3 You may only buy Products from our Website for non-business reasons. If you want to buy our Products for your business, you should use the details at the bottom of these Terms to discuss our Business to Business Terms.

1.4 If we have to contact you we will do so in writing to the email address or postal address you provided when ordering.

1.5 Headings in these Terms are for illustrative purposes only and will not affect the interpretation of these Terms.

2. Subscription to Access Portal and Payment Plans
2.1 In order to use petTracer you must have a valid subscription to access the Portal.

2.2 If you have purchased the Hardware outright you may purchase a subscription to access the Portal once you have received the Hardware. If you have opted for one of the Payment Plans (12 or 24 month) the subscription to access the Portal is included.

2.3 If you have selected one of our Payment Plans you agree to stay with us for a the Minimum Term specified with the Payment Plan (12 or 24 months). The minimum price for petTracer Services provided under this agreement is the total charge for the Minimum Term monthly payments and moneys paid upfront for the cost of the petTracer Hardware.

2.4 If you have selected one of our Payment Plans you will be asked to sign up to the Payment Plan after fulfilling the upfront fee payment. The petTracer Hardware will only be dispatched once you have activated the Payment Plan successfully.

2.5. The charges listed by petTracer for the Subscriptions and Payment Plans include any value added tax applicable to the Services.

 

3. Ordering Products from us
3.1 When placing an order on our Website, please read and check the details carefully before submitting. You have the right to review and amend your details prior to concluding the contract. Although we may be able to amend your order details after your order has been made, we are under no obligation to do so.

3.2. When the checkout process has been completed and the order is placed, you will receive an email acknowledgement that your order has been received by us. This acknowledgement does not amount to our acceptance of your offer to buy.

3.3 We may contact you to say that we do not accept your offer. This will generally be for reasons which include, but are not limited to, the following:
(i) The Products are unavailable
(ii) We cannot authorise your payment for fraud/security reasons or otherwise
(iii) You are not allowed to buy the Products from us
(iv) We are not allowed to sell the Products to you
(v) You have ordered too many Products
(vi) There has been a mistake on the pricing or description of the Products (where permissible under applicable law)

3.4 We reserve the right to refuse to sell any Product to any person. In the unlikely event that we do this, we will notify you within a reasonable period and not charge you for the Product. We will not refuse to sell a Product to an individual without a good reason.

3.5 We require certain information from you so that we can supply Products to you including, without limitation, your address, email address and phone number. If you supply incomplete or incorrect information or do not supply the necessary information within a reasonable time of us requesting it, we may end the contract.
We will not be responsible for supplying the Products late if this is caused by you giving us incomplete or incorrect information or failing to provide the necessary information within a reasonable time of us requesting it.

3.6 A legally binding contract will only exist between the Parties where we have received payment for the Products. At this point, the contract becomes active and these Terms alone shall govern your legal relationship with us. We will make arrangements to dispatch the Products to your stipulated delivery address, provided your order clears our fraud check process. We will also provide you with an order number. It will be helpful if you tell us your order number whenever you contact us about your order.

4. Payment
4.1 We accept credit card and debit card payments via Paypal. We do not accept cash payments.

4.2 We will take all reasonable steps to ensure the information provided by you during payment is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be liable for any loss that you may incur in the unlikely event that a third party gains unauthorised access to any information you provide to us.

4.3 Where you have paid by credit or debit card, the card will be charged at the time your payment is approved by us. However, all payments by credit card or debit card must subsequently be authorised by the relevant card issuer. There will be no surcharge where you pay by credit or debit card.

4.4 If you have paid for Products which we cannot supply we will refund you as soon as possible and in any event within 14 days of receipt of payment.

4.5 The price of the Products listed on the website are paid in pounds sterling (£)(GBP) to petTracer Limited. The use of the petTracer portal through our Subscription is paid in (£)(GBP) to Pet Tracer AG.

4.6 The price includes any applicable taxes at the applicable rate.

4.7 It is always possible that, despite our best efforts, a Product may be incorrectly priced. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund you any sums paid and request the return of the Products.

5. Discount Codes and Promotions
5.1 Any discount code offered by us in relation to our Products is offered on the basis of goodwill and we reserve the right to refuse to apply any discount code at our discretion.

5.2 Without prejudice to clause 5.1, a discount code will not be applied in circumstances which include, but are not limited to, the following:
(i) Where a discount has already been applied to the order (including in the case of a Product bundle). For the avoidance of doubt, we will not apply more than one discount per order (a Product bundle constituting one discount)
(ii) Where the expiry date, as specified in the material accompanying the discount code, has passed
(iii) Where the order has already been placed and payment has been received

5.3 Discount codes are not transferable to any other person and are not redeemable for cash or credit.

6. Delivery
6.1 The standard delivery fee of petTracer is non-refundable unless you need to return the Products to us due to a fault of ours.

6.2 If you want us to deliver to a different address you should notify us by email. In such a case we make no guarantee that we will be able to change the delivery address in time for the Product to be dispatched to the changed address.

6.3 Changing your delivery address after the contract is set up may cause your order to be delayed as we may, at our discretion, require extra fraud/security checks.

6.4 In the unlikely event that something outside of our control affects the estimated date of delivery, we will notify you of the revised estimated date for delivery of the Products as soon as possible. We will take all reasonable steps to minimise the impact of such delays and, provided we do this, we will not be liable for delays caused by events which are outside our control. Nothing in this clause affects your legal rights to cancel the contract.

6.5 We reserve the right to use a courier of our choice. Deliveries are processed within 24h working hours and despatched with a courier of our choice with a 48h service.

6.6 The person[s] executing your delivery will not ask the recipient of the delivery for any form of ID and will not make any other attempt to verify that the recipient is you or a person authorised by you to accept delivery of the Products.

6.7 Unless otherwise mutually agreed, if we cannot deliver your Products within 14 days of the date of purchase, we will notify you by email, cancel your order and give you a full refund.

6.8 We accept no liability for any consequential losses incurred in relation to you waiting for a delivery (including, but not limited to, time taken off work to wait for a delivery, whether or not the delivery occurs).

7. Changes to the Contract
7.1 If you wish to change 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 any other necessary information which results from your requested change and ask you to confirm whether you wish to go ahead with the change.

7.2 We may make minor changes to the Product to reflect changes in relevant laws and regulatory requirements.

7.3 If we have to make significant changes to the Products or these Terms, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.

8.Right to Cancel and Return
8.1 As a statutory minimum you have the right to cancel any contract for sale with us and return any Products within 14 days of delivery of those Products without giving any reason.

8.2 Should you wish to return one of our Products, it must remain ‘as delivered’ and, where possible, in its original packaging. In accordance with Section 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Due to hygiene reasons, we consider that Products are not suitable for return where they have been used on an animal and/or where they show any sign of wear. As such, we reserve the right to refuse any Product which cannot be resold. In addition, you will be liable for the full price of any Product that cannot be resold if this exceeds the price originally paid for.

8.3 To exercise your right to cancel, you must notify us by email of your intention to cancel within 14 days of the date of delivery. Such a notice should include: your name, address, order number, date of order and date that your product was received. Please email us at hello@pettracer.co.uk.

8.4 Following a notice of your intention to cancel, a delivery address will be provided and the Product must be sent back to us within 14 days. Failure to do so may, save exceptional circumstances (which must be communicated to us, and acceptance of same being subject to our discretion), invalidate your right to cancel the contract.

8.5 Any return of Products, whether pursuant to your statutory rights, may only be made in the territory in which the Products were delivered and to the address provided as per 8.4.

8.6 Where you return a product which is not in a returnable condition in line with clause 8.2 we will, upon your request, send that Product back to you. The expense for such return will be borne by you. If you fail to communicate with us to coordinate this within 30 days, we may dispose of any such Product responsibly and you will be liable for the full price of the Product.

8.7 Should you, after 14 days, decide that you do not want to continue with petTracer Services, a cancellation fee will apply. The cancellation fee is equal to the remaining months of the Minimum Term as of clause 2.3 minus a 20% discount. We reserve the right to vary the the percentage of discount from time to time.

8.8 Subscription to Access the Portal is paid in advance is non-refundable after the initial 14 days  as per clause 8.3 in this section. 

9. Effects of Cancellation
9.1 If you cancel your contract for sale of a Product in accordance with clause 8.1 (under your statutory rights), subject to these terms, we will refund to you all payments received from you in relation to the contract.

9.2 We will refund you without undue delay, and no later than 14 days after the day we receive from you any Products supplied.

9.3 We will make the reimbursement using the same method of payment you used for the initial transaction, unless expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement save those specified in clause 9.1

9.4 You are responsible for organising the return of the Hardware and any associated costs. If there are custom charges for deliveries from outside of the EU these will need to be paid for by you.

9.5 Should you decide you no longer wish to continue using our Product, you must contact us and let us know by email prior to failing to pay for any remaining Subscription you have agreed to pay under these Terms. Failing to do so might result in further charges incurred in collecting any debt created.

9.6 We may also use and share your details for the collection of any debts owed by you. This may include the use of debt collection agencies to collect debts on our behalf or may include the assignment of debts to a third party company. The assignment of debts will involve the sale of your debt and account information to a third party company – this information may include your name, address and contact information, year of birth, debts owed, payment history and other information necessary to help recover the debt.

9.7 If you have selected one of our Payment plans, the Hardware supplied by petTracer remains solely the property of petTracer until the Minimum Term has been completed as per clause 2.3.

9.8 In the event that due payment is defaulted, petTracer is entitled to withdraw from the contract. The Minimum Term will still apply as of clause 2.3 and a compensation fee of 15% of the gross invoice could be incurred. In the event of default of payment, petTracer is released of any further obligations and services to you.

10.Nature of the Products
10.1 Consumer Rights law requires that, as a statutory minimum, Products supplied to you must:
(i) Be of satisfactory quality
(ii) Be fit for purpose
(iii) Match the description, sample or model

10.2 We undertake to ensure that all Products we provide meet, if not exceed, your basic consumer rights.
10.3 Any Products supplied to you at discount prices; as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

10.4 Our Products may vary slightly from their pictures. The images of the Products on our Website 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.

10.5 The packaging of the Product may vary slightly from that shown in images on our Website.

11. Guarantees
11.1 petTracer guarantees to replace any collar which exhibits a material defect within 1 year of the delivery date, subject to the full terms set out here.

11.2 petTracer guarantees to replace any HomeStation which exhibits a material defect within 1 years of the delivery date subject to the full terms set out here.

11.2 Nothing in this contract affects your statutory rights. You may also have other rights in law. 

12. Online Tracking / Obligations and Behavioural Rules
12.1 In order to use the services of petTracer you must use up-to-date technologies or enable their use (e.g. activation of Javascript, cookies, popups) and always use an up-to-date petTracer app. When using older technologies, outdated apps or outdated devices, the user may not be able to use the Services
completely or not at all.

12.2 You must use the services provided by petTracer as intended and refrain from actions
which harm or endanger petTracer or other users.

12.3 Compliance with all instructions and recommendations found on the petTracer Website and Products must be followed.

12.4 petTracer has been specifically designed for the tracking of cats and should therefore only be used for this purpose. It is your responsibility to ensure you follow the laws and regulations of the country you are using petTracer in.

12.5 Regardless of any civil and criminal consequences, the user will hold petTracer harmless for any kind of damage whatsoever and any third-party claims of whatever nature resulting from the breach of your obligations under this clause.

12.6. petTracer reserves the right, in the event of any violation found against this agreement, to dissolve the contractual relationship prematurely without your right to a refund. However, you might be liable to a cancellation fee as set out in clause 8.7 of these Terms.

13. petTracer’s Liability
13.1 The use of petTracer, be this our Products or Services is voluntary and exclusively conducted at the user’s risk, this includes:
The use of any of our Hardware
The downloading of any data from petTracer. We assume no responsibility for the accuracy of such data.
(iii) Any damages caused by error, technical problems, viruses or data loss
(iv) The user expressly acknowledges that data provided by perTracer could potentially be inaccurate and erroneous and we assume no responsibility for such data.

13.2. petTracer is not liable for indirect damages, loss of profit or financial loss occurring from slight negligence.

13.3 petTracer is not liable for any damage, injury or death caused by the use of our Products. It is your responsibility to ensure the collar fits the cat as intended so as for our Product to perform adequately. You agree by using our Products that you are satisfied with its safety and under no circumstance will petTracer held liable.

14. End of the contract
14.1 Termination of this contract will not affect our right to receive any money which you owe to us under this contract.

14.2 Save specific exceptions, we are not legally responsible for any losses that:
(i) Were not foreseeable to the Parties when the contract was formed
(ii) Were not caused by any breach on our part
(iii) Are business losses or
(iv) Are losses to non-consumers

15. Disputes
15.1 We will try to resolve any disputes with you quickly and efficiently.

15.2 If you are unhappy with any Product supplied, your customer experience or any other matter, please contact us as soon as possible by emailing us at support@pettracer.co.uk

15.3 If we are unable to resolve a dispute with you using our internal complaint handling procedure, we will notify you as such, and give you certain information required by law about our alternative dispute resolution (ADR) provider.

15.4 These Terms are governed by the laws of England and Wales. For residents in this jurisdiction, any dispute in relation to this contract will be heard by the courts of England and Wales.

15.5 Where you are resident in a non-UK jurisdiction, you will also benefit from the mandatory consumer protection laws afforded to you in that jurisdiction.

15.6 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.

16. Third party rights
16.1 No one other than a Party to this contract has any right to enforce any term of this contract in accordance with the Contracts (Rights of Third Parties) Act 1999.

17. Intellectual Property
17.1 petTracer Limited, petTracer, and the petTracer logo are registered trademarks of petTracer AG in certain jurisdictions. Our Website may also include trademarks owned by third parties – all those trademarks are the property of their respective owners.

17.2 Copyright subsists in all petTracer web pages including the images and texts featured therein.

18. Data Protection
18.1 We will only use your personal information as set out in our Privacy Policy: https://pettracer.co.uk/privacy
If you do not understand any part of this contract and/or want to talk to us about it, or want to discuss business to business terms, please contact us via e-mail at hello@pettracer.co.uk