Terms & Conditions

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These Terms and Conditions are the standard terms of engagement for Services provided by Chippenham Animal Care Ltd t/as The Country Mutt, a company registered in England and Wales under company number 11020220 whose registered office is The Barn, Draycot Cerne, Chippenham, Wiltshire, United Kingdom, SN15 5LD.

1. Definitions and Interpretation

2. In these Terms & Conditions, the following definitions apply:

“Contract”
means the Contract between you and us to carry out the works of which these Terms form a part.

“Price”
means the Price payable for Services as stated on our website and in other correspondence.

“Parties”
means you and us, and ‘Party’ shall mean either one

“Services”
means the Services detailed on our website and any other correspondence.

“us/we/our”
means Chippenham Animal Care Ltd t/as The Country Mutt, and includes all employees and agents of Chippenham Animal Care Ltd t/as The Country Mutt,

“Writing”
includes electronic mail and comparable means of communication.

“you/your”
means the person to whom we supply our Services

1. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

2. Words imparting the singular number shall include the plural and vice-versa.

3.  The Contract

4. These Terms & Conditions constitute the entire agreement between the Parties.

5. You are deemed to have accepted these Terms and Conditions when you confirm your booking on our website.

6. The Contract starts when you have confirmed your booking.

7. These Terms & Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing.

8. No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by a person authorised to sign on our behalf or us.

9. Supply of Services

10. We warrant that we shall act with integrity, responsibility and trustworthiness to you, your dog(s) and your property. The welfare of your dog(s) is paramount, and their safety and wellbeing shall not be made subordinate to any other consideration.

11. We agree to exercise due and reasonable care in handling the dogs and keeping the facility adequately enclosed and sanitary.

12. We may act in your absence as guardian of your dog and may perform or take any action we deem necessary to protect and keep your dog in good health.

1. Price and Payment

2. We operate a fixed monthly fee system, whereby you pay a fixed monthly fee for a place at the daycare centre on agreed regular day/s per week. We factor two (2) weeks of ‘holiday allowance’ into the monthly fee over 12 months. Therefore, if you do not send your dog for any reason, such as holiday or sickness, the monthly payment for the agreed regular days is still payable in full.

3. The Price as stated in the Contract does not include Value Added Tax (“VAT”). VAT will be charged at the prevailing rate. Our VAT registration number is GB 340 5151 42. All payments are due in Pounds Sterling.

4. Invoices are issued monthly on the 20th of the month in advance of your booking and are payable within five (5) days of the invoice date. Time for payment shall be of the essence of the Contract.

5. We accept payment by Bank Transfer, Stripe or Credit and Debit Card. Our bank details are on our invoice.

6. Any queries relating to an invoice must be received within five (5) days from the date of the invoice. Until a query is resolved, you remain liable to pay the undisputed part of an invoice within the original timescale detailed on it.

7. If payment of the Price or any part thereof is not made by the due date, We may:

8. Cancel the Contract or suspend any further provision of the Services to you with immediate effect. Any such period of suspension shall be disregarded for contractual time limits previously agreed for the completion of the Services,

9. Charge interest at 10% per annum on the unpaid amount starting from the day the invoice becomes overdue until paid, whether before or after any court judgement. Such interest shall accrue daily and be compounded quarterly.

10. Apply a charge of £10 (to cover administrative expenses and not as a penalty) per reminder for overdue payment submitted to You. We shall be entitled to submit such reminders weekly once the fees have become overdue.

11. Seek to recover all costs reasonably incurred by us in collecting payment of any overdue invoices from you.

12. Customer Obligations and Indemnity

13. You understand and accept that:

14. Under the Control of Dogs Act 1992, my dog(s) must wear a collar and an identity tag and be microchipped by law.

15. You are solely responsible for all harm caused by your dog while attending our facility.

16. Your dog will be in an open play area and off the lead in suitable locations, and during normal dog play and agility, dogs may sustain slight injuries. We monitor all dog play to avoid injury, but scratches, punctures, torn ligaments and other injuries may occur despite the best supervision.

17. We have relied on your representation that your dog is in good health and has not harmed or shown aggression or threatened behaviour toward any person or dog

18. Our facility is a place where animals comingle, and you are responsible for the medical treatment of any injury or illness that your dog receives while at daycare. You agree to pay all costs for your dog that may arise due to injury or illness.

19. If you fail to provide proof of current vaccinations or if your dogs’ vaccinations are found to be expired or otherwise incomplete, we have the right to refuse service until current evidence is provided.

20. You agree to worm and de-flea your dog regularly as per recommended schedules.

21. Your dog, if not castrated, must not display excessive mounting, aggressive or marking behaviours, and bitches must not be brought in when in season. We reserve the right to retire non-castrated males from our facility if the behaviours mentioned above are persistent.

22. At their sole discretion, any behavioural or health problems that develop with your dog will be treated as deemed best by our staff. You will assume full financial responsibility for all expenses involved. You authorise us to obtain medical records and treatments for your dog in the event of injury or illness from your vet or the closest veterinary clinic— Chalkland Vets in Chippenham.

23. Although your dog may be vaccinated against kennel cough, there is still a possibility that your dog may contract kennel cough. You agree that you will not hold us responsible if your dog contracts kennel cough while attending our facility.

24. You must notify us of any infectious or contagious disease or condition your dog has been exposed to or is affected by. Diseases and conditions include, but are not limited to, kennel cough, fleas, worms, hepatitis, infectious skin disease and parvovirus.

25. Your dog has access to a fenced area outside, and you agree to assume full liability for damages to property or injury to your dog or others if your dog escapes.

26. We are not responsible for any lost, stolen, or damaged toys, leads, collars, beds, or any other item left with your dog.

27. You agree to notify us if any of your contact details change.

28. You agree that you are able to insure your dog under a pet insurance policy and are likewise able to insure home and property contents under a house and contents insurance policy. You are advised to notify your insurers of the daycare arrangement to be covered under the pertinent insurance policies. You understand that we can only offer our competitive fees based on our clients insuring their pets appropriately.

29. Your dog may be transported with other dogs in our vehicles. You agree that we cannot be held liable for death or injury to your dog in the event of a motor vehicle accident.

30. If our performance of any of our obligations in respect of the Services is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Customer Default”):

31. Without limiting our other rights or remedies, we shall have the right to suspend the performance of the Services until you remedy your default. We shall have the right to rely on your default to relieve us from the performance of any of our obligations to the extent your default prevents or delays the performance of any of our obligations.

32. We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 5.2; and

33. you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from your default.

34. Payments. Changes, Swaps and Additional Days

– Payments – Your booking is not confirmed until you have received a confirmation email from us and any payment requested has been received. Failure to make payment before 25th of the month in advance of your booking, or the invoice date whichever is sooner will result in cancellation of your requested daycare space.

For example – February invoices are sent on the 20th of January. Payment is due by the 25th of January for February daycare spaces.

– Bookings & Cancellations – Regular day care members are automatically booked on for their set days on a rolling monthly basis. These bookings show on the client portal 60 days in advance and and can be cancelled, amended or changed at anytime by logging onto the portal. By the 20th of the month in advance of your bookings, before invoices are sent, you agree to cancel any days not required for the forthcoming month on our system.

For example – All February bookings need to be cancelled, amended or swapped by the 20th of January.

On the 20th of the month your booking is confirmed and you accept that you are liable for the cost of any day care days not cancelled. Should you not be able to bring your dog for any days which have been booked, there will be no refund or credit due regardless of reason including your own self isolation, any illness or suspected contagiousness regardless of reason, adverse weather or recent/unplanned kennel cough vaccination. 30 days notice is required for cancellation of regular day care membership, your dog must attend more than 75% of it’s membership days to continue to be eligible for the pricing band you are allocated and we reserve the right to charge a retainer fee of 50% for extended periods of absence. If space allows, and only at our own discretion, transfer days for the same month, these days cannot roll over to another month.

– For ad-hoc day care days and taster days (I.E – non recurring bookings, change of days and adhoc request) –

Request can be made from the 20th of the month in advance and we cannot guarantee availability. Payment is due by the 25th of the month in advance of your booking, or date on the invoice. Should you not be able to bring your dog for any days which have been booked, there will be no refund or credit due regardless of reason including your own self isolation, any illness or suspected contagiousness regardless of reason, adverse weather or recent/unplanned kennel cough vaccination. We will if we can transfer the days, space allowing at our discretion within the same month.

1.
2. Notice of Consumers Statutory Right to Cancel

3. As an individual (consumer), you have a statutory right to cancel this Contract within fourteen (14) calendar days starting on the day you made your online booking.

4. You should send your cancellation notice to us in writing via post or email.

5. Notice of cancellation is deemed to be served as soon as it is posted/sent.

6. If you require us to begin the services within the Cancellation Period, we need you to make an express request to do so. In such cases, your right to cancel continues until either the end of the Cancellation Period or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period, we may charge you for any services provided up until the point when we receive your cancellation notice and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been entirely performed.

7. Cancellation

8. We require one month’s notice of cancellation. You agree to provide such notice in writing or pay the amount that would be due during this notice period. You may cancel with notice at any time; there is no minimum contract term.

9. Termination

10. Should either Party breach a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.

11. We reserve the right to terminate the Contract with immediate effect in the event of any of the following:

12. That you become insolvent or enter into some form of insolvency arrangement.

13. That you suspend, threaten to suspend, cease, or threaten to cease to carry on, all or substantially the whole of your business.

14. That you (being an individual) die or, because of illness or incapacity (whether mental or physical), are incapable of managing your affairs or become a patient under any mental health legislation.

15. Without limiting our other rights or remedies, we may terminate this Contract with immediate effect by giving written notice to you if you fail to pay any amount due under this Contract on the due date for payment.

16. All notices of termination of the Contract should be submitted to the other Party in Writing.

17. Consequences of Termination

18. On termination of the Contract for any reason:

19. You shall immediately pay us all our outstanding unpaid invoices and interest. In respect of Services supplied but for which no invoice has yet been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;

20. The accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

21. Clauses that expressly or implicitly have effect after termination shall continue in full force and effect.

22. Events Outside of Our Control (Force Majeure)

23. Neither Party is liable for any failure or delay in performing their obligations where such failure or delay results from any cause beyond the reasonable control of that Party. Such causes include, but are not limited to industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, pandemic, epidemic, governmental action or any other event that is beyond the control of the Party in question.

24. If the delay persists for such time as we consider unreasonable, we may terminate the Contract without liability on our part.

25. If an event outside of our control occurs and you wish to cancel the Contract, your notice of cancellation must be made in writing to us and will be subject to clause 8.

26. Limitation of Liability

27. You will take responsibility for any costs which may be incurred, either veterinary or other, as a result of any damage, accident, or sickness caused to or by your dog and will pay any such costs or expenses on demand.

28. Our liability for losses you suffer due to us breaking this agreement, including deliberate breaches, is strictly limited to the contract price and any losses that are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where you and we could contemplate them when we accept your order.

29. This does not include or limit in any way our liability:

30. for death or personal injury caused by our negligence

31. under section 2(3) of the Consumer Protection Act 1987

32. for fraud or fraudulent misrepresentation

33. for any deliberate breaches of these Terms by us that would entitle you to terminate the Contract between us

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

35. We are not responsible for indirect losses which happen as a side effect of the principal loss or damage and which are not foreseeable by you and us, including but not limited to:

36. loss of income or revenue

37. loss of business

38. loss of profits or contracts

39. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable

40. This indemnification will survive the termination of this agreement.

41. Data Protection

42. ‘‘Data Protection Legislation” refers to The Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time.

43. All personal information that we may collect (including, but not limited to, your name, postal address, email address, and telephone number) will be collected, used, and held according to the provisions of Data Protection Legislation as defined in clause 13.1.

44. Our privacy policy sets out how we collect, use, and store your personal information.

45. In certain circumstances, and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Legislation as defined in clause 10.1 and should use and hold your personal information accordingly.

46. We will not pass on your personal information to any other third parties for marketing purposes without obtaining your express consent.

47. We may take photographs or videos for our promotional use. They may appear on our social media sites and website. By agreeing to these conditions, you have permitted us to do so. We will own and retain the copyright of any image taken but will happily share it with you.

48. Notices

49. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the Party giving notice (or a duly authorised officer of that Party).

50. A notice will be deemed to have been received at the relevant time set out below (or where such time is not within Business Hours when Business Hours next begin after the relevant time set out below):

51. where the notice is delivered personally at the time of delivery.

52. where the notice is sent by first class post, 48 hours after posting; and

53. where the notice is sent by email at the time of the transmission (providing the sending Party retains written evidence of the transmission).

54. All notices under these Terms and Conditions must be addressed to the most recent address or email address notified to the other Party.

55. Complaints, Communication and Contact Details

56. We strive to provide an excellent service to all our customers. If you are not satisfied in any way, please get in touch with us as soon as possible. We would appreciate every opportunity to resolve any dispute amicably.

57. To contact us with questions or to make a complaint, please get in touch with us by telephone at 07900541778 or by email at info@thecountrymutt.co.uk

58. Other Important Terms

59. Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other Party in any way.

60. This Contract represents the entire Contract between the parties regarding the supply of Good or Services. It shall prevail over any conditions contained or referred to in any of your documents or otherwise.

61. If any part of this Contract is found to be void or unenforceable by any court of competent jurisdiction, such part shall be severed from this Contract, which will otherwise remain in full force and effect.

62. The failure by us at any time or for any period to enforce any one or more of these terms and conditions shall not be a waiver of them or a waiver of our right to enforce such terms and conditions on a future occasion.

63. We may transfer or subcontract our rights and obligations under these terms to another person or organisation, but this will not affect your rights or our obligations under these terms.

64. You may not assign this Contract or any rights or obligations under it without our prior written consent.

65. Nothing in this Contract shall be construed as creating a partnership, joint venture, or agency relationship between the parties. Neither Party shall have the authority or power to bind the other Party or contract in the name of or create a liability against the other Party.

66. A person who is not a party to the Contract shall have no rights under the Contract according to the Contracts (Rights of Third Parties) Act 1999.

67. These terms will be in force every time your dog attends our facility.

68. Governing Law and Jurisdiction

69. This Contract shall be governed by and interpreted according to the law of England and Wales. All disputes arising under the Contract (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.