Trading terms and conditions for the sale of Dogs and the sale of Goods
These terms and conditions regulate the business relationship between you and us. By using our website in any way, or by buying from us, you agree to be bound by them. No person under the age of 18 years may purchase a Dog. If you are under 18, please confer with an adult to make your purchase.
The full name of our company is dynamic Dogs Limited. We are registered in England & Wales under registration number 4960931. Our registered office is MBS Accountants, Tuffley Park, Unit 3, Lower Tuffley Ln, Gloucester GL2 5DE (this is not our personal home address but our accountants/service address). You can contact us by email lisa@labradoodles.co.uk. You are: a visitor to Our Website / our customer
1 Definitions. “Carrier”< means any person or business contracted by us to carry Goods or Dogs from us to you, whether all or part of the distance. “Consumer” means any natural person who, in connection with this agreement, is acting for purposes that are outside his business. “Our Website” means the entire computing hardware and software installation that is or supports Our Website. “Goods” means any of the pet products we offer for sale at our premises. “Dogs” or “Dog” means any of the puppies or dogs bred by Lisa Carson. Dogs are not general Goods, instead, a Dog is an individual tailor-made item thus outside the scope of the Consumer Contracts Regulations. “Content” means any material in any form published on Our Website by us or any third party with our consent.
2 Our contract with you – so far as the context allows, to you as a visitor to Our Website, and in any event to you as a buyer or prospective buyer of our Goods or Dogs. We reserve the right to refuse the purchase of Dogs if we are not entirely happy with the adoption. We may change these terms from time to time. The terms that apply to you are those posted here on our Website on the day the contract is made. We cannot guarantee that Goods or Dogs advertised on our website are available. If we do not have all of the Goods in stock, we will offer you alternatives. If this happens you may either accept the alternatives we offer or cancel all or part of your order. We reserve the right to ship the Goods in instalments if the Goods can be ordered and dispatched within a reasonable time. If we owe you money on account of your cancellation of the purchase of Goods, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order of Goods.
3 Your account with us – you agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods and/or Dogs. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password. We reserve the right to refuse you access to our website.
4 Price and Payment – We endeavour to keep our website prices for Goods and Dogs updated and accurate but it is possible that the price may have increased from that published. The final cost of a Dog is determined by our prices at the date of adoption, see https://www.labradoodles.co.uk/breed-information/labradoodle-puppy-prices/. All charges relating to payment in a currency other than pounds Sterling will be borne by you.
6 Cancellation of order – Unseen Goods sold online are subject to The Consumer Contracts Regulations. Goods purchased in person and Dogs sold are not subject to the Consumer Contracts Regulations. The purchase of a Dog is a serious commitment and should not be entered without full consideration of the weight of this responsibility. Upon joining our waiting list for an 8-12 week old puppy we require a non-refundable minimum deposit of £500. We will then commence breeding or reserving a tailor-made Dog. If you are purchasing a partly trained puppy we require a non-refundable minimum deposit of 50% plus any disbursements (shipping etc) in order to commence breeding and/or reserving and/or training a tailor-made Dog. In the event that you upgrade from a 8-12 week old puppy to a partly trained puppy, we may request the additional deposit however in the event of cancellation of the order, the additional deposit if unpaid is due regardless since we will have bred and/or reserved a Dog and either started training or have committed trainer time to your purchase. All shipping costs and disbursements (passport, rabies vaccine, IATA crate) are non-refundable on cancellation. The purchase of a Dog is absolute, with no refund of the purchase cost in the event of a change of mind after purchase i.e. deciding not to keep the Dog once adopted. With this in mind, we require every family purchasing a Dog from us to be 100% sure before signing the Dog’s logbook to transfer ownership to them of the specific dog chosen. This transfer of ownership is absolute and no refund is given once possession of the Dog has been transferred from us to you.
7 Foreign taxes, duties and import restrictions – if you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country. You are responsible for purchasing Goods or Dogs which you are lawfully able to import and for the payment of import duties and taxes or licences of any kind levied in your country.
8 Disclaimer – this disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you must not use our website. Intellectual property rights. Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. Licence to use the website. You may view, download for caching purposes only, and print pages or pdf documents from the website for your own personal use, subject to the restrictions below. You must not: (a) republish material from this website (including republication on another website); (b) sell, rent or otherwise sub-license material from the website; (c) show any material from the website in public; (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (e) edit or otherwise modify any material on the website; or redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter care sheets). Where content is specifically made available for redistribution, it may only be redistributed non-commercially and must not be altered ;(f) or any other person to violate or attempt to violate any aspect of the security of Our Website. (g) use any software tool for the purpose of extracting data from our website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website. We give no warranty and make no representation, express or implied, as to the adequacy or appropriateness of the Goods or Dogs for your purpose; the truth of any Content on Our Website published by someone other than us; and any implied warranty or condition as to merchantability or fitness of the Goods or Dogs for a purpose other than that for which the Goods or Dogs are commonly used. For the avoidance of any doubt, the purpose of a Dog is a pet animal.
Nothing in this disclaimer (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of our website or under or in connection with this disclaimer, whether in contract, tort (including negligence) or otherwise, will be limited as follows; (a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature; (b) we will not be liable for any consequential, indirect or special loss or damage; (c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
In no way do we warrant the quality, nature, state, characteristic or health of any Goods or Dogs other than provided for in UK law (that they are of satisfactory quality and fit for purpose). We do not endorse, recommend or guarantee any other kennel, breeder or line contained in this website or any linked website. Individuals are responsible for and encouraged to research before making any decisions or purchases based on the content herein. If you wish to adopt a Dog we suggest you research your decision thoroughly and we do not endorse, recommend or accept responsibility or liability for any breeder other than Lisa Carson even if their contact details appear on the website.
It is essential that you seek medical advice and testing before coming into contact with animals if you are, or could be allergic, asthmatic, intolerant or sensitive. Labradoodles and/or Australian Cobberdogs are not necessarily low/no shedding and may not be hypo-allergic or asthma-friendly. No warranties, indemnities or guarantees are made about our dogs’ suitability for any medical condition or susceptibility. No liability will be accepted for any claim arising from the adoption of a Dog and any subsequent medical condition or attack. If you choose to adopt a Dog from Lisa Carson then you are expressly warned that she has moulting dogs and cats in her home in addition to normal household dust and dirt and as such, no liability will be accepted for any reaction or attack or injury as a result of contact with animals or the breeder’s home.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods or Dogs.
In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
The above two sub paragraphs do not apply to a claim for personal injury.
9 Variation – we may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
10 Indemnity – you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other rights of any person.
11 Miscellaneous provisions – when we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. Where we provide goods or services or Dogs without a specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or services.
Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees
12 Entire agreement -this disclaimer, together with our returns policy and privacy policy, constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13 Law and jurisdiction – these terms will be governed by and construed in accordance with English law, and any disputes relating to this disclaimer will be subject to the non-exclusive jurisdiction of the courts of England and Wales. These terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
14 Exports – we do not send goods without prior agreement outside of Zone 1 mainland. Dogs can be exported worldwide.