Terms and Conditions

1. Purchase Contract

1.1 This website is operated by Pawsitive Thinking ("Pawsitive Thinking", "we", "us" or "our"). By using the pawsitivethinking.co.uk website you are bound by these terms and conditions. All use and purchases made on this website are governed by these Terms and Conditions at any time, although the Terms and Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise terms and conditions applicable to your site visit or purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date when these Terms and Conditions were most recently updated. These Terms and Conditions were most recently updated on 1st March 2020.

1.2 We sell goods only to end-users.

1.3 We will confirm acceptance of your order placed on pawsitivethinking.co.uk. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us. At the point of acceptance the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.

2. Price and Delivery Charges

2.1 The price of the goods will be as quoted on the website at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted.

2.2 The prices stated on the website will be inclusive of any VAT payable.

2.3 If Pawsitive Thinking makes an error in advertising the price of the goods on the website, it shall reserve the right to cancel any orders you place for such goods.

2.4 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.

3. Methods of Payment

3.1 Payment may be made by debit or credit card. You cannot pay for your order by cash or cheque.

3.2 The debit and credit cards accepted by us are those listed on the website on the date on which your order is placed.

3.3 Authority for payment will be requested from your card issuer at the time you place your order. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.

3.4 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £25. At any time after a failed payment has occurred, we may ask a debt collection agency to collect payment from you.

4. Delivery

4.1. We aim to dispatch orders as quickly as possible and within 2-3 working days. If you require something urgently, please contact us via email at smile@pawsitivethinking.co.uk prior to placing your order and we will try to assist you promptly. Alternative postage services may be possible at additional cost, e.g. Royal Mail special delivery.

4.2. Delivery options will be shown throughout your order process and will be available through Royal Mail or by Courier.

4.3. Delivery days are Monday-Saturday and are usually within 3 days from dispatch by courier and within 5 days from dispatch if sent by Royal Mail. Weekend delivery is not guaranteed. Delivery times following dispatch may take longer than expected and are outside our control, they are not guaranteed.

4.4. Delivery will be made to the address specified by you when you order. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas altogether.

4.5. Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. It is our policy to identify any substitute items to you before a delivery is sent and give you the opportunity to accept or reject the item at that time.

4.6. We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received, non-perishable goods can be returned to us in accordance with our returns policy (please note that the goods must not be used and must be in as new, saleable condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us in accordance with the returns policy. You will not be charged for any incorrect goods that you wish to return or goods which you have not received. In any event, subject to clause 7.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered.

4.7. It is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery. Subject to clause 4.10 below, if no one is at the address when the delivery is attempted the goods may be retained by us. 

4.8. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we or our delivery service will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, our liability to you will be limited to the price of goods not delivered.

4.9. Should you fail to be present for your delivery, we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.

4.10. Pawsitive Thinking and its agents and subcontractors will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct Pawsitive Thinking or the delivery service to leave a delivery unattended at your address or with a neighbour, Pawsitive Thinking expressly disclaims all liability which may arise by virtue of the delivery being left unattended by you for a period of time. This includes but is not limited to theft, tampering, contamination, physical damage and weather or temperature damage.

4.11. In the event of non arrival of your delivery, please contact us within 7 days of order despatch at smile@pawsitivethinking.co.uk so we can look into it.

5. Defective or Damaged Goods

5.1 We guarantee the quality of our goods and allow you up to 7 days to return products that are defective for a full refund. You are liable for the postage costs. We recommend that you return the item via a tracked service and retain proof of postage.

5.2. We will not accept any claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.

5.3. Any parcels that are delivered damaged or split boxes must be signed for as damaged, we are unable to replace or refund any items that have a signature as received in good condition. 5.4. Should you receive a damaged or defective item from us, please contact us as soon as possible at smile@pawsitivethinking.co.uk. Damage or defect must be reported within 7 days of delivery and we will require the product to be returned to us at your cost. Once this has been received and a defect is agreed, you will be offered either a replacement item or a full refund. You will not be charged any additional shipping or handling fees for sending replacement goods.
5.4. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a refund will be applied to the original method of payment, within 10 working days. The refund will be limited to the product cost only, postage costs will not be refunded.

6. Cancellation Rights

6.1 Subject to clauses 6.2, 6.3, and 6.4 you have the right to cancel the contract at any time until 5pm on the 7th day after the date of delivery of the goods by notifying us by e-mail at smile@pawsitivethinking.co.uk.

6.2 In the case of personalised, made to measure or perishable items you do not have the right to cancel the contract. Should you wish to cancel your order prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the personalised, made to measure or perishable items contained in your order.

6.3 In respect of items which have sealed packaging or labels or packaging attached, we ask that items are returned to us with their original packaging and with any seals intact or packaging or labels attached. In the event that the seal is removed or tampered with, packaging or labels removed or damaged, we shall not permit that item to be returned nor shall we refund the cost of this item to you.

6.4 We will arrange with you for cancelled goods to be returned to us, and we will credit your payment card with the price of such goods within 30 days of receiving the returned goods. You must cover the cost of return postage and packaging. We recommend you use a tracked service and retain proof of postage. Please see our returns policy for details as to how to return your items.

7. Warranty and Liability

7.1 We aim to comply with your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.

7.2 We will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, pandemic, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.

7.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.

7.4. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

8. Privacy

8.1 To help us ensure the best possible service some telephone calls will be recorded.

8.2 In assessing your request for delivery of goods from us we may make enquiries about you including searching your records held by credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes.

8.3 We respect your privacy. The personal information that you provide is held with care and security and used only for the purposes of running our business and providing a service. We do not sell, rent or transfer this information to third parties for their marketing purposes. 

8.4. Please keep your account details private, as you are entirely responsible if you do not maintain the confidentiality of your account. You are entirely responsible for all orders placed with us or information given to us under your e-mail address. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.

9. Customer Complaints

9.1 Any Customer complaints should be sent to Natalie at smile@pawsitivethinking.co.uk.

9.2. We aim to deal with complaints as soon as possible, offering a fair service to our customers.

10. Special Offers, Promotions and Competitions

10.1 From time to time, and at our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded.

10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1 and 2.4, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.

10.3 We reserve the right to offer different customers different special offers, promotions and the ability to enter different competitions at our discretion.

11. General

11.1 If any of these Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us. You are permitted to use the material data and content only for your personal use in placing orders through us, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the pawsitivethinking.co.uk website without prior written permission. We may impose a fee on any use of the material data and content contained on our website, other than for placing orders.

11.3 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them.

11.4 We accept no liability (to the fullest extent allowed by law) for the accuracy of information contained on the website, which may contain technical inaccuracies or typographical errors. This provision does not affect your statutory rights. We make no claims to treat, cure or alleviate medical conditions for any species for which veterinary advice would normally be sought. If you are concerned about your animal’s health, you are advised to contact a suitably qualified veterinary practitioner.

11.5. We reserve the right to refuse service to anyone for any reason at any time.

12. User Generated Content
12.1. Information about our customers is an important part of our business and we do not sell or rent your information to anyone else to enable them to send you direct marketing. However, there are circumstances where it is necessary for us to share personal information in order for us to provide our customers with a good service. At all times where we use or disclose your information it will remain secure.

12.2. Occasionally, we may select user generated content (“Content”) which showcases Pawsitive Thinking or our products. This Content is created by customers (“Contributors”) and shared on social media via Facebook, Instagram, Twitter, YouTube and/or Snapchat. This content may be photographs, videos, images, text or other writing.

12.3. This selected Content may then be re-used via social media channels including Facebook, Twitter, Instagram, YouTube, Snapchat or directly via our website.

12.4. No purchase is necessary.

12.5. Any Content selections are at the sole discretion of Pawsitive Thinking and we are under no obligation to use the Content even if having sought the Contributors approval. 

12.6. If asked and you agree to the sharing of the Content, you as the Contributor warrant that the Content is your own creation and does not infringe the rights of any third party. 

12.7. Pawsitive Thinking hereby agrees to use the Content only in accordance with these terms and conditions. 

12.8. Pawsitive Thinking reserves the right not to use, or to remove, the Content at any time. 

12.9. If the Contributor no longer wants their Content to feature on the Pawsitive Thinking’s social media platform or website, they must contact us, we will then remove this Content within a reasonable time period. 

12.10. The Contributor agrees for no payment in return or any other form of reward, a worldwide, non-exclusive, transferable, royalty free, irrevocable licence for Pawsitive Thinking to use the Content via their social media channels and the website.

12.11. The Contributor understands the Content will be accessible to third parties via social media channels and the Pawsitive Thinking website and waives all moral rights and any other rights with respect to the attribution of authorship or integrity of materials regarding the Content.

12.12. Pawsitive Thinking may remove, or make editorial revisions to, any of the Content at any time without notice or approval from the Contributor. 

12.13. Pawsitive Thinking and its agents will only use any personal information supplied by the Contributor for the purposes of re-using the Content. Names may be shortened, or just initials used.

12.14. To the extent permitted by law, Pawsitive Thinking accepts no liability for any damage, loss or injury suffered as part of this sharing of Content. 

12.15. By consenting to the Contents use, the Contributor accepts these terms and conditions and those of Facebook, Twitter, Instagram, YouTube or Snapchat as applicable. 

12.16. These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

13. Returns Policy

13.1. Returns are accepted provided the goods are returned to us within 7 days from the date of delivery in the condition that they were supplied. You must email us at smile@pawsitivethinking.co.uk to notify us of your return prior to delivery, including the reason for returning the goods.

13.2. If returned goods arrive with us later than 7 days from the date of delivery to you, a refund or exchange will not be offered. If returned goods arrive with us later than 7 days from the date of delivery to you and you consequently require them to be re-delivered to yourself, this will incur an additional postage and packaging cost payable by you. Requests for re-delivery to you must be made in writing to smile@pawsitivethinking.co.uk within 7 days of the date of delivery to us. Any additional postage and packaging costs must be paid within 7 days of the payment request or the goods will not be re-sent and will be forfeited by you.

13.3. Goods must be in as new condition, with any packaging and/or labels intact, attached and in new condition, with no damage or defect, suitable for re-sale. Any seals, closures or attachments must be unopened and must not be broken or damaged.

13.4. Returned goods must be unused and clean. 

13.5. The customer is responsible for arranging returns, providing suitable return packaging, the return delivery and all associated costs.

13.6. Returns should be sent to- Pawsitive Thinking, Crabhayne Farm, Axmouth, Devon, EX12 4BW. We recommend you use a tracked service and retain proof of postage.

13.7. In the unlikely event that you receive an incorrect or incomplete order, please notify us as soon as possible and within 7 days from the date of delivery by emailing smile@pawsitivethinking.co.uk.