Terms & Conditions

IMPORTANT LEGAL NOTICE

This page contains the Terms & Conditions under which We (“Company”, “we”, “our”, “us”) supply the products (“Products”) listed on our website https://gonzothedog.com (“the Site”) to you. Please read these Terms & Conditions carefully before ordering any products from us. Using our Site indicates that you accept these Terms & Conditions together with our Privacy Policy, regardless of whether or not you choose to register with us. If you do not accept these Terms & Conditions, our Privacy Policy do not use our site.


1. INFORMATION ABOUT US

The Site https://gonzothedog.com is operated by Fat Cactus Limited (“The Company”, “Ourselves”, “We”, “Our”, “Us”). We are a company registered in England and Wales under company number 12235919 and with our registered office at Unit 24 Highcroft Industrial Estate, Enterprise Road, Waterlooville, United Kingdom, PO8 0BT. Our email address is [email protected]


2. SERVICE AVAILABILITY

Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our “Shipping & Delivery Policy”.


3. YOUR STATUS

You may only purchase Products from us if:

  • You warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at the Site for the sale and supply of any products;
  • You are an authorised user of the credit or debit card used to pay for your order; and, are resident in a country that we deliver to (please see our “Delivery Policy” page for further information).

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).

After you submit your order, we immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us (“Contract”) will be formed.

As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under our Returns Policy.


5. PRICES, PAYMENT AND COLORS

The price payable for the Products shall be as shown on our site in the US dollar (USD). All products remain our property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase.

We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.

Sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges are not included in the price of the products. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the United States at the time of purchase. Each customer shall be solely responsible for all sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges.

We accept payment by debit card, credit card: Visa, VISA Electron, Mastercard, Maestro, American Express. We accept payment by PayPal.

You must pay for the Products (including all applicable delivery charges), and We will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to take payment from your account.

You may be asked to supply certain information relevant to your transaction including, without limitation, your credit or payment card number, the expiration date of your credit or payment card, your billing address, and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf to purchase products or services from the Site. You understand that we will not be liable in the event that others acting with or without your permission use your credit or payment card to make purchases on the Site.

If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mispricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.

If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.

Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.


6. OUR RIGHTS TO CANCEL THE CONTRACT

We may end the Contract at any time by writing to you if:

  • You do not make any payment to us when it is due;
  • You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or you do not, within a reasonable time, allow us to deliver the Products to you.

We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.


7. OUR LIABILITY

If We fail to comply with these Terms & Conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breach 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.

We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which We may not exclude or limit our liability under any applicable law.


8. FORCE MAJEURE

Events outside our control, which is not reasonably foreseeable, shall be considered force majeure, meaning that the Company is released from the Company’s obligations to fulfill contractual agreements.

Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.


9. INTELLECTUAL PROPERTY RIGHTS

All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved.


10. REGISTRATION

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features, such as receive electronic newsletters or mobile alerts, to participate in social networking activities, or to access certain Materials. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).

If you register on the Site and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account (“Account”) or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights to your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. The Company reserves the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.


11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


12. OTHER IMPORTANT TERMS

Nothing in these Terms & Conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.

If We have to contact you, We will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these Terms & Conditions to “in writing”, this includes e-mail.

We may change these Terms & Conditions from time to time. The Terms & Conditions that apply to your Contract will be those that are displayed on our Site when you place your order.

We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the Contract.

You may only transfer your rights or your obligations under these Terms & Conditions to another person if We agree in writing.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If We fail to insist that you perform any of your obligations under these Terms & Conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that 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.

Please note that these Terms & Conditions are governed by English law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.

In respect of any dispute or claim relating to a Contract, if you are a consumer you and We both submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of England and Wales.


13. AFTER-SALES SERVICE

Questions, comments or requests regarding these terms and conditions or our Products should be addressed to [email protected]

If you have any complaints these should be addressed to us by email to [email protected]

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