Terms and Conditions

Terms and Conditions

Terms and conditions for supply of products

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.yorkvetsupplies.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1 Information about us

1.1 York Vet Supplies is a site operated by Holmefield Farm Services Limited. They are registered in England and Wales under company number 4420891 with registered offices at : Holmefield Farm Services Limited, Old Station Yard, Murton, York, YO19 5UF. Our main trading address is Holmefield Farm Services Limited, Old Station Yard, Murton, York, YO19 5UF. Our VAT number is .804 030 094

1.2 The prescription, sale and supply of veterinary medicines is regulated by the Veterinary Medicines Directorate.

1.3 Our premises are Registered Veterinary Premises, regulated by the Royal College of Veterinary Surgeons.

1.4 The supply of prescription only veterinary medicines by us is under the control of veterinary surgeons who are registered members of the Royal College of Veterinary Surgeons.

1.5 We are a limited company.

2 Service availability

2.1 Our site is only intended for use by people resident in England, Scotland, Wales, Northern Ireland, the Isle of Man and the Isles of Scilly (referred to as the Serviced Countries). We do not accept orders from individuals outside those countries.

3 Your status

3.1 By placing an order through our site, you confirm that:

3.1.1 You are legally capable of entering into binding contracts;

3.1.2 You are at least 18 years old;

3.1.3 You are not buying in the course of a business;

3.1.4 You are resident in one of the Serviced Countries; and

3.1.5 You are accessing our site from that country.

4 How the contract is formed between you and us

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer from you to purchase a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.

4.2 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

5 Our status

5.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality or suitable for your purposes, and we can give no warranty or representation to that effect. This does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction.

6 Veterinary medicines

6.1 If you require any veterinary medicine to be dispensed against a prescription then you must supply the original prescription to us before we dispense the veterinary medicine.

6.2 We reserve the right to refuse to supply any veterinary medicine (whether on prescription or otherwise). If we refuse we will refund the price of that Product in full, including the cost of sending the item to you.

7 Consumer rights

7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).

7.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

7.3 You will not have any right to cancel a Contract for the supply of any prescription veterinary medicines supplied against a prescription, or for the supply of any veterinary medicines where the seal has been tampered with or broken.

7.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Despatch Confirmation. This provision does not affect your statutory rights.

8 Availability and delivery

8.1 Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Despatch Confirmation, unless there are exceptional circumstances.

9 Risk and title

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

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

10 Price and payment

10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

10.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our deliveries and returns page.

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

10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

10.6 Payment for all Products must be by credit or debit card. We accept payment with VISA, MASTERCARD, MAESTRO. We will not charge your credit or debit card until we despatch your order.

11 Our refunds policy

11.1 When you return a Product to us:

11.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see claus 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

11.1.2 for any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail 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 via e-mail that you were entitled to a refund for the defective Product. Products 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.

11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

12 Our liability

12.1 Subject to clause 12.3, if either of us fails to comply with the Contract, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with the Contract.

12.2 Neither of us shall be responsible for losses that result from our failure to comply with the Contract including, but not limited to, losses that fall into the following categories:

12.2.1 loss of income or revenue;

12.2.2 loss of business;

12.2.3 loss of anticipated savings;

12.2.4 loss of data; or

12.2.5 any waste of time.

However, this clause 12.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

12.3 This clause does not include or limit in any way our liability for:

12.3.1 death or personal injury caused by our negligence; or

12.3.2 fraud or fraudulent misrepresentation; or

12.3.3 any matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

12.4 Where you buy any product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

13 Import duty

13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

14 Written communications

14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our 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.

15 Notices

15.1 All notices given by you to us must be given to York Vet Supplies at Holmefield Farm Services Limited, Old Station Yard, Murton, York, YO19 5UF or mail@hfsvets.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16 Transfer of rights and obligations

16.1 You may not transfer any of your rights or obligations under the Contract to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under the Contract to another organisation, but this will not affect your rights under the Contract.

17 Events outside our control

17.1 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).

17.2 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:

17.2.1 Strikes, lock-outs or other industrial action.

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

17.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

17.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

17.2.5 Impossibility of the use of public or private telecommunications networks.

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

17.3 Our performance under any Contract 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 use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18 Waiver

18.1 If we fail, at any time during the Contract, to insist that you perform any of your obligations under the Contract, or if we do not exercise any of our rights or remedies under the Contract, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of the terms in the Contract shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

19 Our right to vary these terms and conditions

19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these 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 Despatch 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 Products).

20 General

20.1 If any court or competent authority decides that any of the provisions of the Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

20.2 A person who is not party to the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

20.3 The Contract shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.

21 Medicines

21.1 If you find that any of the medication purchased has caused an adverse reaction known as SARSS ( suspected adverse reaction surveillance scheme), it should be reported to the VMD (Veterinary medicines directorate) on 01932 338427 and a MLA 252A form completed. The information required will include name of product, product and batch number, details of the symptoms and animal treated details. To download the yellow form please visitwww.vmd.defra.gov.uk.

21.2 Orders placed may need to be checked by one of our veterinary surgeons or SQPs and orders will not be sent if there is reason to suspect that the medication will not be used as intended. We have the right to cancel any orders if we feel necessary.

21.3 It is a legal requirement to be registered with the VMD in order to be licensed to prescribe and supply animal medicines in the UK. We are approved by the Veterinary Medicines Directorate and our premise details are listed on the www.vmd.defra.gov.uk website as approved premises. Please be vigilant when ordering from anybody who is not on the VMD website as they could be supplying animal medicines illegally. We are a registered practice premises with the RCVS. A full list of registered practices can be accessed on the RCVS find a vet webpage.

21.4 Before the order is complete any medication within the legal categories POM-VPS, NFA-VPS you the customer must complete by law the legal questions that relate to the product, this is to ensure that the product is to be used correctly and to treat the correct species and condition. You the buyer must provide all the correct and up to date information by law. We the seller cannot be held responsible to any false or incorrect information provided. Please note we may contact you to double check information that you have already provided us with. We the seller have the right to cancel any orders if we feel the information provided is incorrect.

21.5 You the buyer must provide us (the seller) with a correct valid telephone number in case we need to contact you about your order.

21.6 If you have placed an order for a product that we feel is incorrect we have the right to offer you the product that we feel is better to treat the animal/condition, failing to accept this advice product may result in your order being cancelled, in the view of yours and the animal’s welfare and safety.

21.7 All products purchased must be used on the owner’s/carer’s animals and must not be given to third parties or resold. The person administering the medication must fully read and understand the product data sheet before use.

21.8 If you are unsure of the condition that affects your animal (s) we advise seeking advice from a qualified veterinarian.

21.9 The legal classification of animal medicines is as follows POM-VPS - Prescription only medicine – supplied by vet, pharmacist or suitable qualified persons NFA-VPS – Non-food animal – supplied by vet, pharmacist or suitably qualified person AVM-GSL – Authorised veterinary medicine – general sales list SAES – small animal exception scheme

22 Complaints Procedure

If you wish to make a complaint about the service or products that you have recieved please correspond by telephone 01904 481490, email mail@hfsvets.com or to our postal address, Holmefield Farm Services Limited, Old Station Yard, Murton, York, YO19 5UF.

All complaints will be investigated and aim to be resolved within 48 hours. If a full response is not possible within 48 hours we will let you know the timescales of a resolution to your complaint. The VMD complaints procedure and link is available on the useful links page. Please note that the VMD should only be contacted in regards to veterinary medicines and only if you are not satisfied with the response received from York Vet Supplies.