Terms & Conditions

Key Terms: Plain English Summary

This summary highlights the points customers most often ask about. It does not replace the full Terms and Conditions, which apply to your order. If anything in this summary conflicts with the full terms, the full terms will apply.

Who we are. ProtectaPet Ltd, a UK company (no. 09051826), supplying cat containment products and installation services. (See clause 2.)

Your right to change your mind. If you buy online, you generally have 14 days (extended to 30 days for goods under our Goodwill Return Policy) to change your mind and get a refund. This right does not apply to completed services, or to bespoke Domestic Installations. (See clauses 8.3–8.6.)

Installation bookings and surveys. Because our products are made to your property's specifications, cancelling an installation or survey with less than 2 business days' notice may incur a cancellation fee: 25% of the installation price, or the full survey fee. (See clause 8.5A.)

Quoted prices can change on the day. Our quotes are based on photos, satellite tools and the information you give us. If the price changes once our team is on site, we'll tell you before starting work, and what happens next depends on whether the change was due to an error on our part or inaccurate information from you. (See clause 12.2A.)

Survey fees. If a survey fee applies, it's creditable against your installation price if you book within 6 months. (See clause 12.2B.)

Our 18-Month Installation Guarantee. Installations we carry out (in Great Britain only) are covered for 18 months against defective products or workmanship, but not against things like digging, weather damage, or changes to your property after installation. (See clause 13.)

Your legal rights if something's faulty. Nothing in our terms affects your statutory rights under the Consumer Rights Act 2015 (consumers) or our 12-month warranty (business customers). (See clauses 15–16.)

Your data. We hold your personal data for up to 10 years and explain how we use it in clause 20 and our Privacy Policy.

EU customers. If you live in the EU, you keep your home country's consumer protection rights and the right to bring a claim in your local courts, regardless of anything else in these terms. (See clause 21.7A.)

Questions or complaints? Contact us at [email protected] or +44(0)800 999 4008. (See clause 11.2 for our complaints process.)

1.0         These Terms and Conditions

1.1               What These Terms Cover

These are the terms and conditions on which we supply products to you, whether these are goods, services or both.

1.2               Why You Should Read Them

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3               Consumer or Business Customer

 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are marked in red. Provisions specific to business customers only are marked blue. Where a provision is not marked, it applies to both consumers and business customers.

1.4         Business Entire Agreement

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

1.5         Consumer Entire Agreement

If you are a consumer, these terms, together with any order confirmation we send you, constitute the entire agreement between us in relation to your purchase. You acknowledge that in entering into this contract you have not relied on any representation or statement made by us that is not set out in these terms or any order confirmation, except that nothing in this clause shall limit or exclude any liability we may have for misrepresentation.

2.           Information About Us

2.1         Who We Are

We are ProtectaPet Ltd a company registered in England and Wales. Our company registration number is 09051826 and our registered office is at St Mary's House, 23 Crewe Road, Alsager, Stoke on Trent. ST7 2EW and our address is Lola House, Turner Crescent Newcastle under Lyme, Staffordshire, ST5 7JZ. Our registered VAT number is GB 190682685 and NL826276702B01. ProtectaPet Ltd is authorised and regulated by the Financial Conduct Authority (FRN 752668). We act as a credit broker and not a lender.

2.2        How To Contact Us

You can contact us by telephoning our customer service team at +44 (0)800 999 4008 or by writing to us at [email protected] or Lola House, Turner Crescent, Newcastle under Lyme, Staffordshire, ST5 7JZ.

2.3        How We May Contact You

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. Our sales and customer service teams may also, where convenient (for example, to receive photographs relating to your order, a site survey, or an installation issue), contact you via WhatsApp or Facebook Messenger using the contact details you have provided. Use of these platforms is at our discretion and does not replace the contact methods set out in clause 2.2, which remain the primary ways for you to contact us.

2.4        "Writing" Includes Emails

When we use the words "writing" or "written" in these terms, this includes emails.

2.5         Definitions and Interpretation

In these Terms:

Business Day means any day other than a Saturday, Sunday or public holiday in England and Wales.

Business Customer means a customer purchasing products or services wholly or mainly for the purposes of its trade, business, craft or profession.

Consumer means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

DIY Installation means an installation carried out by the customer or by an installer who is not commissioned by ProtectaPet.

Guarantee Period means the 18-month period referred to in Clause 13.

Product Warranty means the warranty described in Clauses 15 and 16.

3.           Our Contract With You

3.1A     Pre-Contractual Information

Before you place your order, we will make available to you the information required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including:

• the main characteristics of the products;
• our identity and contact details;
• the total price of the products, including VAT and any applicable delivery charges;
• arrangements for delivery or performance;
• your right to cancel and the conditions, time limit and procedures for exercising that right;
• where applicable, that you will be responsible for the cost of returning goods if you cancel; and
• the minimum duration of any contract for goods or services supplied on a continuing basis.

This information is provided through our website product pages, the checkout process and your order confirmation email. If you believe any required information was not provided to you before your order was placed, please contact us as set out in clause 2.2.

3.1B     Electronic Contracting and Order Acceptance

(a) Electronic acceptance. By clicking "confirm order", "place order", "pay now" or any equivalent button or action during the checkout process, you are making a binding offer to purchase the relevant products on these terms. No contract is formed at that point: a contract is only formed when we send you an order or booking confirmation email accepting your order in accordance with clause 3.1C (installation services) or clause 3.2 (goods orders), as applicable

(b) Electronic signatures. You agree that completing the checkout process, ticking any acceptance box, or clicking any confirmation button constitutes a valid and legally binding electronic signature and acceptance of these terms for the purposes of the Electronic Communications Act 2000 and any other applicable legislation governing electronic contracts.

(c) Storage of contract terms. We recommend that you print or save a copy of these terms and your order confirmation for your records. These terms are available on our website at all times and can be accessed, stored and reproduced by you.

(d) Technical steps. The technical steps required to form a contract with us are: (i) add products to your basket; (ii) proceed to checkout and enter your delivery and payment details; (iii) review your order summary; (iv) click confirm or pay; and (v) receive our order confirmation email. The contract is formed at step (v).

(e) Correction of errors. You are able to correct any errors in your order up to the point at which you click confirm or pay at step (iv) above. After that point, please contact us as set out in clause 2.2 if you need to make any changes.

3.1C     Formation of Contract: Installation Services

Where you agree to purchase installation services from us (whether following a survey, telephone consultation or other discussion), the contract for those services is formed as follows:

(a) You verbally or electronically confirm to us that you wish to proceed with the installation.

(b) We will then send you a written confirmation by email setting out the details of the installation, the price, the estimated installation date and a copy of or link to these terms and conditions. The quoted price is based on remote assessment using photographs, satellite measurement tools, and information you have provided, and the final price may be revised if the scope of work differs once our installation team attends the property: see clause 12.2A for full details.

(c) The contract is formed at the point you receive our confirmation email. If you do not wish to proceed on the terms set out in that email, you must notify us within 48 hours of receipt.

(d) For consumer customers, the cancellation terms applicable to installation bookings are set out in clause 8.5A. Please review these carefully, as they differ from the general 14-day right to change your mind that applies to most online purchases.

(e) We recommend that you retain a copy of our confirmation email and these terms for your records.

3.2        If We Cannot Accept Your Order

 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3        Your Order Number

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.           Our Products

4.1        Product Images and Tolerances

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are bespoke made, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% tolerance.

4.2        Packaging May Vary

The packaging of the product may vary from that shown in images on our website.

4.3               Measurement Accuracy

If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.

5.           Your Rights to Make Changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6.           Our Rights to Make Changes

6.1        Minor Changes

We may change the product:

(a)           to reflect changes in relevant laws and regulatory requirements; and

(b)           to implement minor technical adjustments and improvements, for example to better address your requirements, the animals, the topography of your site and, in consultation with you, to address local planning regulations or your neighbour’s concerns. These changes will not affect your use of the product.

6.2        Significant Changes and Planning Responsibility

In addition, as we informed you in the description of the product on our website, we may make more significant changes to the products to better address your requirements, the animals, the topography of your site and, in consultation with you, to address local planning regulations or your neighbour’s concerns but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

NB. The responsibility for compliance with any local planning and building control regulations will lie with you. We give no warranty or guarantee that the products will comply with any local planning or building control regulations.

The customer is responsible for obtaining any planning permissions, building regulation approvals, landlord permissions, management company approvals, listed building consents, conservation area consents, neighbour consents or any other permissions required before installation.

ProtectaPet accepts no responsibility for delays, costs, enforcement action or losses arising from a failure to obtain such permissions.

Any advice provided by ProtectaPet regarding planning permission or property restrictions is provided for general guidance only and should not be relied upon as legal or professional advice. Customers remain responsible for verifying all applicable requirements with the relevant authorities.

7.           Providing the Products

7.1        Delivery Costs

For deliveries within the UK the costs of delivery will be as displayed to you on our website.

7.2        Delivery and Service Timing

(a)           If the products are goods. If the products are goods, standard orders are normally dispatched within seven business days of order acceptance, subject to stock availability, quality-control checks and payment clearance. Delivery times quoted by ProtectaPet are estimates only and are not guaranteed. Where products are made-to-order, customised, palletised or otherwise require special preparation, additional dispatch time may be required. Orders delivered within the United Kingdom are dispatched from our headquarters in Staffordshire. Orders delivered within the European Union are dispatched from our fulfilment centre in Rotterdam, the Netherlands. Orders delivered outside the United Kingdom and European Union, including Norway, Iceland, Switzerland and Liechtenstein, are dispatched from our headquarters in Staffordshire. Import duties, customs charges, taxes, brokerage fees and similar charges imposed by destination countries outside the European Union are the responsibility of the customer. ProtectaPet reserves the right to fulfil orders from any warehouse, fulfilment centre or distribution partner operated by or on behalf of ProtectaPet.

(b)           If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.

7.3        Delays Outside Our Control

 If our supply of the products is delayed by an event outside our control we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Certain products may be delivered on pallets. Pallet deliveries are normally made to the kerbside only. Customers are responsible for ensuring suitable vehicle access and for arranging movement of goods from the delivery point to their preferred location. Where delivery cannot be completed due to inaccurate information supplied by the customer, restricted access, failure to accept delivery or any other customer-related issue, ProtectaPet reserves the right to recover any additional delivery, storage, redelivery or return costs incurred.

7.4        Collection by You

If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am and 5pm on weekdays excluding public holidays.

7.5        Failed Delivery Attempts

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.6        Re-Arranging Delivery

 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.7         Access for Services

If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this), the consequences set out in clause 8.5A (cancellation of installation bookings) or clause 12.11 (access delays and abortive visits during non-installation service visits) shall apply, as relevant to the service being provided. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property, we may end the contract and clause 10.2 will apply, save that this shall not result in you paying both the clause 8.5A cancellation fee and uncapped compensation under clause 10.2 for the same failure to provide access.

7.8          Responsibility for Goods

A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

7.9         Inspection on Delivery

You should inspect all goods as soon as reasonably possible following delivery. Any visible damage, shortages, incorrect items or discrepancies should be reported to ProtectaPet within 7 days of delivery. To assist with any investigation, you should retain all original packaging and provide photographs of both the packaging and the affected item(s). Customers receiving palletised deliveries should inspect the goods before signing for delivery where reasonably possible.

7.10      Failure to Report Damage

Failure to notify ProtectaPet within this period may affect our ability to investigate the matter with the carrier and may limit the remedies available. This provision does not affect your statutory rights.

7.11      Retention of Title

(a) General. The title to any goods supplied by ProtectaPet shall not pass to you until we have received payment in full (in cleared funds) for:

• those goods; and
• any other goods or services supplied by us to you in respect of which payment has become due.

(b) Until title passes, you must:

• hold the goods as bailee for ProtectaPet;
• store the goods separately from all other goods in your possession and clearly identified as ProtectaPet's property;
• not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;
• maintain the goods in satisfactory condition and keep them insured against all risks for their full price; and
• notify us immediately if you become subject to any of the events listed in clause 10.4 (insolvency).

(c) Incorporation into other structures. Where goods are incorporated into or affixed to other property before title has passed, ProtectaPet's ownership of the goods shall continue to the fullest extent possible under law. Where incorporation makes it impossible to recover the goods in their original form, ProtectaPet's right to payment shall not be affected.

(d) ProtectaPet's right to recover goods. Until title passes, ProtectaPet may at any time:

• require you to deliver up the goods; and
• if you fail to do so promptly, enter any premises where the goods are stored (or are reasonably believed to be stored) and recover them.

(e) Your right to resell. You may resell or use the goods in the ordinary course of your business before title passes to you, but you shall account to us for the proceeds of any such sale to the extent of the amount outstanding to us, and shall hold such proceeds on trust for us separately from your other funds.

(f) Consumers. This clause 7.11 applies in its full form to business customers only. For consumer customers, title passes upon receipt of payment in full, without the bailee or recovery provisions in (b) to (e) above.

7.12           Required Information from You

We may need certain information from you so that we can supply the products to you, for example, the dimensions or your outside space and height of site boundaries. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.13           Reasons for Suspension

We may have to suspend the supply of a product to:

(a)           deal with technical problems or make minor technical changes;

(b)           update the product to reflect changes in relevant laws and regulatory requirements;

(c)            make changes to the product as requested by you or notified by us to you (see clause 6).

7.14           Your Rights if Suspended

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.15           Suspension for Non-Payment

If you do not pay us for the products when you are supposed to (see clause 17.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 17.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 17.6).

8.           Your Rights to End the Contract

8.1        Overview

You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

(a)           If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 15 if you are a consumer and clause 16 if you are a business;

(b)           If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c)     If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

8.2        Ending Due to Our Actions

 If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a)           we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

(b)           we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)            there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)           we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e)           you have a legal right to end the contract because of something we have done wrong.

8.3          Right to Change Your Mind

If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. Please note that for goods, ProtectaPet extends this period to 30 days under its Goodwill Return Policy: see clause 8.4 and clause 8.6 for full details of the applicable cancellation periods.

8.3A     Kit Components: No Partial Returns

Where a product is supplied as a kit comprising multiple components, individual components may not be returned separately, whether you are exercising your statutory right to change your mind under clause 8.3 or returning goods under our Goodwill Return Policy under clause 8.4, unless otherwise agreed by ProtectaPet in writing. The kit must be returned in full.

8.4          Our 30-Day Goodwill Return Policy

In addition to any statutory rights available to consumers, ProtectaPet offers a voluntary 30-Day Goodwill Return Policy for eligible products. Full details are available in our Returns Policy published on our website.

This Goodwill Return Policy is separate from, and does not affect, any statutory rights available under applicable consumer protection legislation. To qualify for a refund under the Goodwill Return Policy, products must:

• be unused;
• be unfitted;
• be returned in their original condition;
• be suitably packaged for transit.

Individual components supplied as part of a kit may not be returned separately: see clause 8.3A. Customers should notify ProtectaPet before returning goods by emailing [email protected] and quoting their order number. Customers should include their order number and contact details within the returned parcel.

Customers remain responsible for returned goods until they are received by ProtectaPet or its designated returns partner. Customers are strongly advised to use a tracked and appropriately insured delivery service. Refunds will normally be issued using the original payment method used for the purchase.

8.5          Exceptions to Change of Mind

Your right as a consumer to change your mind does not apply in respect of:

(a)    domestic Installations;

(b)    services, once these have been completed, even if the cancellation period is still running;

(c)     products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and

(d)    any products which become mixed inseparably with other items after their delivery.

8.5A     Cancellation of Installation Bookings

Because ProtectaPet products are manufactured to bespoke specifications for your property, and because installation appointments require us to book and commit to engineer time, materials and logistics in advance, the following cancellation terms apply to installation bookings:

(a) Notice period. You may cancel an installation booking free of charge by giving us at least 2 business days' written notice before the scheduled installation date.

(b) Late cancellation fee. If you cancel with less than 2 business days' notice, or do not provide access on the day of the appointment without reasonable excuse, we will charge:

• for installation bookings: a cancellation fee of 25% of the total installation price; or
• for survey appointments: the full survey fee.

These fees reflect the costs we incur that cannot reasonably be avoided once a booking is confirmed within the notice period, including:

• the cost of engineer and installation team time already committed and paid for that slot;
• our inability to reasonably re-book that slot with another customer at short notice; and
• materials already cut, manufactured or prepared specifically for your installation, where applicable.

Where the survey fee is ordinarily creditable against the price of an installation booked following that survey (see clause 12.2B), a survey fee charged under this clause 8.5A(b) for a late cancellation is not creditable, since the survey did not take place and our costs were incurred regardless. If you subsequently book and pay for a new survey which does take place, the standard crediting arrangement under clause 12.2B will apply to that new survey fee as normal.

This is the sole remedy available to ProtectaPet for cancellation or failure to provide access in respect of a scheduled installation or survey visit, and clauses 7.7, 10.1–10.2 and 12.11 shall not apply in addition to this fee for the same event.

(c) Materials-only fee where applicable. Where materials have already been manufactured to your specifications but the installation visit itself has not yet been scheduled or has been cancelled with adequate notice, we may instead charge a fee reflecting the cost of those materials, rather than the full 25% fee under (b).

(d) This clause does not affect your other rights. This clause does not affect your right to cancel under clause 8.2 (where we are at fault) or any other right which cannot lawfully be excluded.

(e) Price change exemption. This clause does not apply where the cancellation arises from a price change resulting from our own assessment error under clause 12.2A(c).

(f) Bookings made within the notice period. Where an installation is booked to take place within 2 business days of the booking being confirmed, the 25% cancellation fee under clause 8.5A(b) applies if you cancel for any reason after the booking is confirmed, since materials and engineer time are committed immediately for urgent bookings of this kind.

8.6          Cancellation Periods

If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

(a)    Have you bought services only and that are not part of a Domestic Installation undertaken by us (for example, the installation of a cat containment barrier which you have purchased separately) If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

(b)    Have you bought goods (for example, a ProtectaPet Cat Fence Bracket)? If so you have 30 days after the day you (or someone you nominate) receives the goods, unless:

(i)      Your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery.

(ii)    Your goods are part of a Domestic Installation undertaken by us for you as the goods and parts are bespoke to each individual order.

8.7 Model Cancellation Form

To exercise your right to cancel, you may use the cancellation and returns form available at protectapet.com/pages/cancel-or-return. Use of this form is not mandatory, you may also notify us by phone or email as set out in clause 9.1, but using the form is the quickest way to ensure your cancellation is processed without delay.

We will send you an acknowledgement of your cancellation by email promptly upon receipt.

9.           How to End the Contract

9.1        Notifying Us

To end the contract with us, please let us know by phone or email: call customer services on +44(0)800 999 4008 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2         Returning Products

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Lola House, Turner Crescent, Newcastle under Lyme, Staffordshire, ST5 7JZ. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3        Costs of Return

We will pay the costs of return:

(a)           if the products are faulty or misdescribed;

(b)           if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.  

9.4        Collection Charges

If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.5        Refund Method

If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6          Refund Deductions

If you are exercising your right to change your mind:

(a)    We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. Examples of what handling is acceptable are: scuffing or damaging the powder-coating on the steel or packaging items together insufficiently so that they knock together in transit.

(b)    If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(c)     The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(d)    Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.7          Refund Timing

We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

(a)           If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

(b)           In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

10.         Our Rights to End the Contract

10.1           Ending for Breach

We may end the contract for a product at any time by writing to you if:

(a)           you do not make any payment to us when it is due.

(b)           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, for example, size or colour;

(c)            you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

(d)           you do not, within a reasonable time, allow us access to your premises to supply the services; or

(e)           Your premises are not safe for our employees, contractors or representatives to undertake the installation and we have advised you of what is required by you to ensure that the site is safe.

10.2          Compensation for Breach

You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract

10.3     Product Withdrawal

We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product (unless an emergency) and will refund any sums you have paid in advance for products which will not be provided.

10.4 Customer Insolvency

Without limiting any other right or remedy available to us, we may suspend the supply of products or terminate any contract with immediate effect by giving written notice to you if:

(a)          you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986;

(b)          you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;

(c)          a petition is filed, a notice is given, a resolution is passed, or an order is made for or in connection with your winding up;

(d)          an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given, or an administrator is appointed over you;

(e)          a floating charge holder over your assets has become entitled to appoint or has appointed an administrative receiver;

(f)           a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;

(g)          a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such process is not discharged within 14 days;

(h)          any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in (a) to (g) above; or

(i)            you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business.

Upon termination under this clause, any sums outstanding shall become immediately due and payable, and clauses 7.11 (retention of title) and 10.2 (compensation) shall apply.

11. Important Information and Liability Notices

11.1      General Information

ProtectaPet systems are designed to significantly reduce the risk of cats free roaming. However, no cat containment system can guarantee that a cat will never escape. Customers remain responsible for monitoring their cats and assessing the suitability of any containment system for their individual animal. Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.

11.2      How to Make a Complaint or Provide Feedback

ProtectaPet is committed to providing high-quality products and services. Complaints are handled in accordance with our Customer Care & Complaints Policy, which is available on our website.

If something goes wrong, please let us know so we can put it right. You can contact us in any of the following ways:

• Email: [email protected]
• Phone: +44(0)800 999 4008
• Post: ProtectaPet, Lola House, Turner Crescent, Newcastle under Lyme, Staffordshire, ST5 7JZ

If your complaint relates to finance or credit we’ve arranged and we haven’t resolved your complaint within 8 weeks, or you’re unhappy with our final response, you can refer your complaint to the Financial Ombudsman Service: Financial Ombudsman Service, Exchange Tower, London, E14 9SR 0800 023 4567 www.financial-ombudsman.org.uk

This is a free and independent service. You normally need to contact them within 6 months of our final response. 

11.3  Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR)

If we are unable to resolve a complaint to your satisfaction through our internal complaints process, you may wish to seek independent dispute resolution.

ADR. We are not currently obligated to participate in an alternative dispute resolution scheme for general product and service disputes. However, if you are a consumer and remain dissatisfied following our final response, you may seek advice from:

• Citizens Advice at citizensadvice.org.uk or by calling 0808 223 1133; or
• Trading Standards, via the Citizens Advice consumer helpline above.

For complaints relating to finance or credit arranged by us, please refer to the Financial Ombudsman Service as set out in clause 11.2.

ODR. The European Commission provides an Online Dispute Resolution (ODR) platform for consumers who have purchased goods or services online, available at ec.europa.eu/consumers/odr. Please note that ProtectaPet is not obligated to use the ODR platform and does not currently participate in an ODR scheme, but we are required to make you aware of its existence.

11.3A EU Consumer Complaint Bodies

Where you are a consumer resident in the European Union, in addition to the options set out in clause 11.3, you may also refer a complaint to the consumer protection or dispute resolution body in your country of residence, including:

France:

• Médiateur de la consommation (sector-specific consumer ombudsman, depending on the nature of your complaint) — further information at economie.gouv.fr/mediation-conso; or
• Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF) — economie.gouv.fr/dgccrf.

Germany:

• Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. (General Consumer Arbitration Board) — verbraucher-schlichter.de; or
• Bundesamt für Justiz (Federal Office of Justice), which maintains the official list of approved consumer arbitration bodies — bundesjustizamt.de.

Netherlands:

• Stichting Geschillencommissies voor Consumentenzaken (De Geschillencommissie) — degeschillencommissie.nl; or
• Autoriteit Consument & Markt (ACM) (Authority for Consumers and Markets) — acm.nl.

All other EU member states: If you are resident in a European Union member state not listed above, you may contact the consumer protection authority or ADR body in your country of residence. A list of national authorities and consumer support contacts is available via the European Consumer Centres Network at eccnet.eu.

This clause does not affect your right to bring proceedings in the courts of your country of residence, as set out in clause 21.7A.

11.4      Existing Structures

ProtectaPet systems frequently rely upon existing fences, walls, gates and other structures. ProtectaPet relies upon the integrity of such structures and does not warrant their condition, suitability, longevity or ongoing structural integrity. ProtectaPet shall not be liable for failures arising from deterioration, movement, subsidence, rot, corrosion, weathering, ageing, hidden defects or other conditions affecting existing structures not supplied by ProtectaPet.

11.5      Property Changes and New Escape Routes

ProtectaPet shall not be responsible for escapes resulting from changes made after installation, including: tree growth; landscaping changes; neighbouring works; additions to the property; sheds; trampolines; pergolas, arbours and garden structures; vegetation growth; or any other alteration that creates a new escape route.

11.6      Damage During Use

ProtectaPet shall not be liable for damage caused by: animals; wildlife; vandalism; accidental impact; gardening equipment; extreme weather; storms; flooding; third parties; or any event beyond our reasonable control. Customers are responsible for inspecting and maintaining their systems following installation.

11.7      Customer Responsibilities

Customers remain responsible for: supervising cats appropriately; assessing the suitability of the system for their individual cat; maintaining fences, walls, gates and structures; ensuring there are no leap points close to the boundary, addressing damage or deterioration; ensuring subsequent property changes do not compromise the effectiveness of the system; and inspecting the system periodically to ensure it remains in good condition. ProtectaPet cannot guarantee the behaviour, actions or reactions of any animal, including changes in behaviour that may occur after installation.

11.8      Product Safety and Recall.

(a)          Product safety. ProtectaPet is committed to supplying products that are safe for their intended use. Our products are designed, tested and supplied in accordance with applicable product safety legislation, including the General Product Safety Regulations 2005 (and any successor legislation).

(b)          Recall notification. In the unlikely event that a product safety issue is identified that requires a recall or corrective action, ProtectaPet will:

• notify affected customers as soon as reasonably practicable using the contact details provided at the time of purchase;
• provide clear instructions on the steps customers should take, which may include ceasing use of the product, returning it, or arranging for repair or replacement; and
• where required by law or regulation, notify the relevant regulatory authorities.

(c)          Customer obligations. If you become aware of a safety issue with a ProtectaPet product, you must notify us as soon as reasonably practicable by contacting us as set out in clause 2.2. Please do not continue to use a product if you have reason to believe it presents a safety risk.

(d)          Remedy. Where a recall or corrective action is required due to a defect or safety issue attributable to ProtectaPet, we will, at our option, repair or replace the affected product free of charge, or provide a full or partial refund of the price paid, depending on the nature and severity of the issue and in accordance with your statutory rights.

(e)          Cost of recall. Where a recall is required due to a defect or safety issue attributable to ProtectaPet, we will bear the reasonable costs of return. Where a recall or corrective action is required due to misuse, modification or failure to follow our instructions, the costs of return may be the customer's responsibility.

12. Our Installation Services

12.1      Professional Installation

Professional installation services may be purchased from ProtectaPet in Mainland Great Britain. ProtectaPet personnel will exercise reasonable care and skill when carrying out installation work.

12.2      Quotation Accuracy

Quotations are based on information available at the time of survey and may be revised if previously undisclosed measurements, garden features, site conditions, access restrictions, structural issues, hidden obstructions or other material circumstances are discovered before or during installation.

12.2A  Changes to Price on the Day of Installation

Because quotations are based on remote assessment using photographs, satellite measurement tools and information provided by the customer, the price quoted is an estimate and may change once our installation team attends the property and assesses the site directly.

(a)          Notification of price changes. Where our installation team identifies that the scope of work, materials required, or price will differ materially from the original quotation, we will inform you of the revised price before any installation work begins.

(b)          Where the change arises from inaccurate customer information. Where the revised price arises because measurements, photographs, or other information you provided were inaccurate or incomplete, you may choose to:

• proceed with the installation at the revised price; or
• cancel the installation, in which case the late cancellation fee under clause 8.5A(b) shall apply, since the inaccurate quote resulted from information provided by you rather than an error on our part.

(c)          Where the change arises from our own assessment error. Where the revised price arises from an error in our own remote assessment, satellite measurement tools, or survey methodology, and not from inaccurate information provided by you, you may choose to:

• proceed with the installation at the revised price; or
• cancel the installation on the day, in which case clause 8.5A (late cancellation fee) shall not apply.

(d)          Decreases in price. Where the revised price is lower than originally quoted, the lower price will apply and you will be charged accordingly.

(e)          Work already completed.

• Where the price change arises from inaccurate customer information (clause 12.2A(b)): if some work has already been reasonably carried out before the price change is identified, we may charge a reasonable and proportionate amount for that work, calculated by reference to the materials and labour actually used.
• Where the price change arises from our own assessment error (clause 12.2A(c)): we will not charge you for any work carried out before the error was identified. You will only be charged the originally quoted price for work completed up to that point, even if our actual costs were higher.

12.2B  Site Surveys

(a)          Survey fee. Before booking an installation, we may require a site survey to confirm measurements, site conditions and the scope of work. Where a survey fee applies, this will be confirmed to you before the survey is booked.

(b)          Crediting against installation. Where you proceed to book and pay for an installation following a survey, the survey fee will be credited in full against the price of that installation, provided that the installation is booked within 6 months of the date of the survey. Where an installation is booked more than 6 months after the survey, the survey fee will no longer be creditable, and a new survey may be required to ensure the quotation remains accurate, in which case clause 12.2 (Quotation Accuracy) shall apply to the revised quotation.

(c)          Non-refundable if you do not proceed. If you do not proceed with an installation following the survey, the survey fee is non-refundable, save that any rights you may otherwise have under these terms (for example, where we are at fault) are not affected.

(d)          Cancellation of survey appointments. The cancellation terms applicable to survey appointments, including the notice period and late cancellation fee, are set out in clause 8.5A.

12.3     Site Preparation

Customers are responsible for ensuring that installation areas are suitable for safe access and installation. Prior to installation customers must: provide safe and unobstructed access to all working areas; remove or secure fragile items; remove hanging baskets, fairy lights and similar items from installation areas; ensure access to fences, walls and boundaries is clear; ensure installation areas are free from pet waste; ensure hedges, shrubs, climbing plants and other vegetation are sufficiently trimmed to allow safe installation. Additional charges may apply where preparatory work has not been completed before the installation date.

12.4      Hidden Defects

Whilst reasonable care is taken during installation, hidden defects, reinforcement bars, voids, cracking, structural weaknesses and other latent conditions may exist within concrete posts, walls and other structures. ProtectaPet shall not be liable for damage arising from such hidden conditions where those conditions could not reasonably have been identified before installation commenced. ProtectaPet cannot guarantee that drilling or fixing into existing structures will not reveal previously undiscovered defects.

12.5      Concealed Utilities

Unless expressly agreed otherwise, customers are responsible for identifying and marking the location of any concealed utilities, including: electrical cables; water pipes; gas pipes; drainage systems; irrigation systems; communication cables; data cables; security systems. ProtectaPet shall not be liable for damage to concealed services that were not disclosed or could not reasonably have been identified before installation.

12.6      Ground Conditions

Ground conditions vary significantly between properties. ProtectaPet shall not be responsible for delays, additional works, increased installation costs or structural issues arising from unforeseen underground conditions, buried materials, obstructions, tree roots, foundations, hardstanding, concrete, rock or geological features.

12.7      Weather Conditions

ProtectaPet reserves the right to postpone installation where weather conditions would compromise: safety; installation quality; product performance; the integrity of the completed system.  Where possible, an alternative installation date will be agreed with the customer.

12.8      Customer Attendance

The customer, or a person authorised by the customer, must be available during the installation appointment to: provide access; answer reasonable questions; approve reasonable installation decisions where required.  Failure to provide suitable access may result in additional charges.

12.9      Additional Works

Where unforeseen site conditions or customer requests result in additional work being required, ProtectaPet reserves the right to charge for such work at a reasonable rate agreed with the customer.

12.10   Waste Removal

ProtectaPet will remove waste generated from ProtectaPet products during the installation, including mesh offcuts, steel offcuts and packaging materials. Garden waste, vegetation, soil, rubble and other non-ProtectaPet materials will not normally be removed unless otherwise agreed.

12.11   Access Delays and Abortive Visits

Clause 12.11 applies to delays or abortive visits during surveys, maintenance, remedial work, or other non-installation visits. Where ProtectaPet is unable to commence or complete such a visit due to customer-related issues, including lack of access, inadequate site preparation, unsafe conditions, or failure of the customer or their representative to attend, ProtectaPet reserves the right to charge reasonable additional costs, including abortive visit charges, calculated by reference to the engineer time and resources committed to that visit. Where the visit in question is the scheduled installation itself (rather than a survey, maintenance or remedial visit), clause 8.5A applies instead of this clause.

12.12   Installation Photographs

ProtectaPet may take photographs of products, installations and site conditions for quality control, training, warranty administration, dispute resolution and business records. Photographs will be processed in accordance with ProtectaPet's Privacy Policy.

12.13   Damage on Site

In the event of alleged damage to property arising from an installation, ProtectaPet may request photographs, videos or other reasonable evidence and may carry out such investigations as it reasonably considers necessary before determining the appropriate response.

13. 18-Month Peace of Mind Professional Installation Guarantee

13.1      Eligibility

The ProtectaPet Peace of Mind Installation Guarantee applies only where: the ProtectaPet system has been supplied by ProtectaPet; and the system has been installed by ProtectaPet; and the installation address is located within Great Britain.

The Guarantee does not apply to: DIY installations; installations carried out by third parties; distributor installations; independent installer installations; maintenance visits; or partial garden installations.

13.2      Guarantee Period

The Peace of Mind Installation Guarantee applies for a period of eighteen (18) months from the date of installation.

13.3     What Is Covered

Subject to these Terms, ProtectaPet will repair, replace or rectify defects arising from: defective ProtectaPet products supplied by ProtectaPet; defects in installation workmanship carried out by ProtectaPet. The remedy provided will be determined by ProtectaPet acting reasonably.

13.4      What Is Not Covered

The Guarantee does not cover: digging behaviour; customer modifications; third-party modifications; accidental damage; misuse; neglect; vandalism; theft; storm and snow damage; flooding; subsidence; fire; wildlife damage; chewing or scratching by animals; deterioration of existing fences, walls, gates or structures; movement of existing fences, walls, gates or structures; landscaping changes; tree growth; vegetation growth; neighbouring works; changes to the property after installation; normal wear and tear.

13.5      Corrosion and Weathering

Outdoor products are exposed to weather and environmental conditions. The Guarantee does not cover: cosmetic weathering; fading; discolouration; surface oxidation; cosmetic corrosion; minor aesthetic deterioration. However, corrosion resulting directly from a manufacturing defect that materially affects the structural integrity or intended function of a ProtectaPet product during the Guarantee Period will be covered.

13.6      Escape Investigation

If a cat is able to get out from a ProtectaPet system installed by ProtectaPet during the applicable Guarantee Period, ProtectaPet may request photographs, videos and any other reasonable information required to investigate the circumstances and identify any defect, installation issue or other factor that may have contributed to the escape. Customers must provide reasonable assistance and access to enable ProtectaPet to investigate the incident. Failure to provide requested evidence or access may affect ProtectaPet's ability to assess the claim. ProtectaPet will use reasonable efforts to investigate the circumstances of the escape and work with the customer to identify any defect, installation issue or other factor that may have contributed to the incident.

Where a defect covered by this Guarantee is identified, ProtectaPet will provide an appropriate remedy in accordance with this Clause. Where no defect is identified, ProtectaPet may, at its discretion, provide advice, recommendations or alternative containment solutions intended to reduce the risk of future escapes. Such assistance does not constitute an admission of fault and does not create any obligation on ProtectaPet to provide additional products, services, modifications or site visits free of charge.

13.7      Remedy

Where a valid claim is accepted, ProtectaPet may, at its discretion: repair the affected area; replace affected components; carry out remedial installation work; or provide another reasonable remedy.  The Guarantee does not entitle customers to compensation for indirect or consequential losses.

13.8      Relationship with Product Warranty

This Peace of Mind Installation Guarantee is separate from any Product Warranty that may apply to products supplied by ProtectaPet. The Product Warranty applies to defects in products supplied by ProtectaPet. The Peace of Mind Installation Guarantee applies to installation workmanship carried out by ProtectaPet and certain installation-related issues covered by this Clause. Where both protections may apply, ProtectaPet may determine the most appropriate remedy.

14.         DIY and Third-Party Installers

14.1      Product Warranty Limitations

The Product Warranty applies only to defects in products supplied by ProtectaPet and does not extend to installation workmanship carried out by customers, independent contractors, distributors or third-party installers.

14. 2     Customer Responsibility

Where products are installed by the customer or by an independent third party, the customer is responsible for the standard, quality and suitability of the installation. The 18-Month Peace of Mind Installation Guarantee applies only to systems supplied and installed by ProtectaPet within Great Britain and does not apply to DIY or third-party installations.

14.3      Remote Support and Guidance

ProtectaPet may, at its discretion, provide guidance and support to customers undertaking DIY installations or using independent installers. Such support may include the review of photographs, videos, measurements, drawings or other information provided by the customer. Where a customer experiences containment issues, ProtectaPet may provide advice and recommendations regarding installation improvements, modifications or alternative containment solutions. Any guidance provided is based solely on the information supplied to ProtectaPet and does not constitute a site survey, inspection, approval or certification of the installation. Customers remain solely responsible for ensuring that products are installed correctly, safely and in accordance with ProtectaPet's installation guidance. ProtectaPet's provision of advice, recommendations or remote support does not create any responsibility for the installation itself and does not extend the Product Warranty or create eligibility for the 18-Month Peace of Mind Installation Guarantee.

14.4      Independent Contractors

ProtectaPet does not warrant that any independent contractor will install products in accordance with ProtectaPet's installation manuals, guidance or recommendations. ProtectaPet may, from time to time, provide customers with the details of independent contractors who have previously fitted ProtectaPet systems or who have advised us that they have experience of installing our products. Such contractors are independent businesses and are not employees, agents, subcontractors or representatives of ProtectaPet unless expressly stated otherwise in writing. ProtectaPet does not endorse, supervise, manage or control the work carried out by independent contractors and makes no representation or warranty regarding their competence, qualifications, workmanship, availability, pricing or performance. Customers are solely responsible for satisfying themselves as to the suitability of any contractor they choose to engage.

14.5      Exclusion of Liability for Third-Party Installations

ProtectaPet accepts no responsibility or liability for: installation workmanship carried out by third parties; damage to products arising from incorrect installation; damage to property arising from installation activities; escapes resulting from installation errors; defects caused by failure to follow ProtectaPet installation guidance; modifications made during installation; or failures arising from the condition of existing fences, walls, gates or other structures.

15.          Defective Products (Consumer)

15.1        Legal Rights Summary

If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06. If your product is goods, for example [cat barrier], the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.   See also clause 8.3. If your product is services, for example installation of a cat barrier, the Consumer Rights Act 2015 says: a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable. c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also clause 8.2.

 

15.2        Returning Rejected Products

If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44(0)800 999 4008 or email us at [email protected] or write to us at Lola House, Turner Crescent, Newcastle-under-Lyme, Staffordshire, ST5 7JZ to arrange collection.

16.          Defective Products (Business)

16.1        Warranty

If you are a business customer we warrant that on delivery and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:

(a)    conform in all material respects with their description and any relevant specification;

(b)    be free from material defects in design, material and workmanship;

(c)     be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

(d)    be fit for any purpose held out by us.

16.2        Remedy

Subject to clause16.3, if:

(a)    you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 16.1;

(b)    we are given a reasonable opportunity of examining such product; and

(c)     you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

16.3        Warranty Exclusions

We will not be liable for a product's failure to comply with the warranty if:

(a)    you make any further use of such product after giving a notice in accordance with clause 16.2(a);

(b)    the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice; for example, the failure to remove snow, ice, leaves or other accumulations.;

(c)     the defect arises as a result of us following any drawing, design or specification supplied by the Customer;

(d)    you alter or repair the product without our written consent; or

(e)    the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

(f) the defect arises from corrosion, weathering, environmental exposure, coastal conditions, salt exposure, chemical exposure or other external environmental factors, except where such deterioration results directly from a manufacturing defect;

(g) the defect arises because the product has not been reasonably maintained or inspected following installation.

16.4        No Other Liability

Except as provided in this clause 16, we shall have no liability to you in respect of a product's failure to comply with the warranty.

16.5        Replacement Products

These terms shall apply to any repaired or replacement products supplied by us under clause 16.2.

16.6      Relationship with Installation Guarantee

The warranty set out in Clause 16 applies only to the products supplied by ProtectaPet and is separate from the 18-Month Peace of Mind Installation Guarantee set out elsewhere in these Terms.

17.         Price and Payment

17.1     Price

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 17.3 for what happens if we discover an error in the price of the product you order.

17.2     VAT Changes

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. Within the United Kingdom, we charge UK VAT. Within the Netherlands, we charge Dutch VAT. In the Channel Islands, we do not charge VAT. Within the European Union, we use the One Stop Shop (OSS) scheme and the applicable VAT rate will be determined by the destination country. For orders delivered outside the United Kingdom and the European Union, local taxes, customs duties, import charges, brokerage fees and other similar charges may apply and remain the responsibility of the customer.

17.3     Pricing Errors

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

17.4     Payment Terms

We accept payment with BACS transfer, paypal, credit or debit card. Please note that for security reasons, the Installation Engineer cannot accept cash as payment on the day of installations. When you must pay depends on what product you are buying:

(a)           For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

(b)           For services:

Commercial installations projects: you must make an advance payment of 25% of the price of the commercial installation project, a further 25% on delivery to you of the materials and the remaining 50% on completion. We will invoice you for the balance of the price of the commercial installation project when we have completed them. You must pay each invoice on the date of the invoice.

Domestic installations projects: On installations up to £6,999, payment is due on completion of the installation. On installations of £7,000 or more, we request a 25% deposit in advance. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice on the due date of the invoice.

Alternatively, if you choose a finance or deferred payment option offered through Klarna, Zopa Bank trading as DivideBuy, or another authorised finance provider, the applicable payment terms will be provided during the application process.

17.5        Right of Set-Off

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

17.6          Late Payment Interest

If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of HSBC Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

17.7           Disputed Invoices.

If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

18.          Liability (Consumer)

18.1       Foreseeable Loss

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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, for example, if you discussed it with us during the sales process.

18.2        Liability Not Excluded

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 15.1 and for defective products under the Consumer Protection Act 1987

18.3       Property Damage

 If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

18.4        Business Use Exclusion

If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 19.

19.          Liability (Business)

19.1        Liability Not Limited

Nothing in these terms shall limit or exclude our liability for:

(a)    death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)   fraud or fraudulent misrepresentation;

(c)     breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d)    defective products under the Consumer Protection Act 1987; or

(e)    any matter in respect of which it would be unlawful for us to exclude or restrict liability.

19.2       Exclusion of Implied Terms

Except to the extent expressly set out in clause 16.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded to the fullest extent permitted by law.

19.3        Liability Cap

Subject to clause 19.1:

(a)          We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

• loss of profit;
• loss of revenue;
• loss of business or contracts;
• loss of anticipated savings;
• loss of or damage to data;
• loss of goodwill or reputational damage; or
• any indirect or consequential loss,

arising under or in connection with any contract between us, whether or not such loss was foreseeable or we had been advised of its possibility.

(b)          Our total aggregate liability to you for all direct losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the higher of:

• the total sums paid by you to us under the relevant contract in the twelve (12) months preceding the event giving rise to the claim; or
• £500.

(c)          Nothing in this clause 19.3 shall apply to the exclusions set out in clause 19.1, which remain unlimited.

20. Data Protection and Privacy

20.1      Data Controller

ProtectaPet Ltd (company number 09051826) is the data controller in respect of personal data processed in connection with your order and our contract with you.

20.2      How We Use Your Data

 We will collect and process personal data about you in order to:

• enter into and perform our contract with you (including processing your order, arranging delivery or installation, and managing your account);
• comply with our legal obligations (including financial record-keeping and regulatory reporting);
• pursue our legitimate interests (including fraud prevention, quality control, and improving our products and services); and
• where you have given your consent, send you marketing communications about our products and services.

20.3      Data Sharing

We may share your personal data with:

• delivery carriers and logistics partners, for the purpose of fulfilling your order;
• installation subcontractors, where installation services are required;
• finance providers (including Klarna and Zopa Bank trading as DivideBuy), where you apply for a finance or deferred payment option — see clause 22 for further details;
• payment processors and fraud prevention services;
• our professional advisers (including solicitors, accountants and insurers); and
• regulatory authorities, where required by law.

We do not sell your personal data to third parties.

20.4      Retention

We will retain your personal data for as long as is necessary to perform our contract with you and to comply with our legal obligations, and in any event for no longer than ten years following the end of our relationship with you, unless a longer period is required by law.

20.5      Your Rights

You have the right to access, correct, erase or restrict the processing of your personal data, to object to processing based on legitimate interests, and to data portability where processing is based on consent or contract. You also have the right to lodge a complaint with the Information Commissioner's Office (ICO) at ico.org.uk or by calling 0303 123 1113.

20.6      Full Details

Full details of how we collect, use, store and protect your personal data, including the lawful bases we rely on, are set out in our Privacy Policy, available at protectapet.com/pages/privacy-policy/. In the event of any conflict between this clause and the Privacy Policy, this clause shall prevail in respect of the contractual relationship between us.

21.         Other Important Terms

21.1     Transfer of Agreement

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

21.2     Transferring Your Rights

(a)          Consumers. If you are a consumer, you may not transfer your rights or obligations under these terms to another person without our prior written consent, except that you may transfer the benefit of the 18-Month Peace of Mind Installation Guarantee to a person who has acquired the product or, where the product is services, any item or property in respect of which we provided the services. We may require reasonable evidence that the other person is now the owner of the relevant item or property. Notice of any such transfer should be provided to us in writing within 90 days of the change of ownership.

21.2(a)(i)           Guarantee transfer process. To transfer the benefit of the 18-Month Peace of Mind Installation Guarantee to a new owner, the transferring customer or new owner must notify us in writing within 90 days of the change of ownership by emailing [email protected] with the subject line "Guarantee Transfer Request", providing:

• the original order number;
• the installation address;
• the date of change of ownership; and
• the full name and contact details of the new owner.

We may require reasonable evidence of the change of ownership, such as a copy of the completion statement or solicitor's confirmation.

There is no charge for registering a guarantee transfer.

Where the 90-day notification period has elapsed, ProtectaPet may at its discretion accept a late transfer request but is not obliged to do so. The remaining guarantee period at the date of transfer will apply — the guarantee period is not reset or extended upon transfer.

(b)          Business customers. If you are a business customer, you may not assign, transfer, subcontract, novate or otherwise dispose of any of your rights or obligations under any contract with us without our prior written consent. We may withhold consent where, acting reasonably, we consider that:

• the proposed assignee poses a materially greater credit or financial risk than you;
• the proposed assignee is a competitor of ProtectaPet;
• the assignment would result in a material change in the nature or volume of orders under the contract; or
• the proposed assignee has not agreed in writing to assume all of your obligations under the contract.

Any purported assignment in breach of this clause shall be void.

(c)          Our right to assign. We may at any time assign, transfer, subcontract or novate any or all of our rights and obligations under any contract with you, provided that such assignment does not materially diminish the rights available to you under the contract. We will notify you in writing of any such assignment.

21.3      Third-Party Rights

 This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as expressly provided elsewhere in these Terms in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

21.4      Severability

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

21.5      Waiver

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

21.6      Force Majeure

ProtectaPet shall not be liable for any delay, failure or inability to perform any obligation under these Terms where such delay, failure or inability results from circumstances beyond its reasonable control.

Such circumstances may include, without limitation: acts of God; flood; storm; fire; drought; epidemic; pandemic; disease outbreak; war; terrorism; civil unrest; industrial disputes; labour shortages; interruption or failure of utility services; telecommunications failures; cyber incidents; transport disruption; supplier failures; shortages of materials; government action; changes in law; import or export restrictions; customs delays; or any other event beyond ProtectaPet's reasonable control.

Where such circumstances arise, ProtectaPet shall use reasonable efforts to minimise the impact of the disruption and resume performance as soon as reasonably practicable.

If the delay or interruption continues for a prolonged period, either party may terminate the affected part of the contract by giving written notice to the other. Any such termination shall not affect rights and obligations that accrued before termination.

21.7           Consumer Jurisdiction

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

21.7A  EU Consumer Protections

Where you are a consumer resident in a member state of the European Union, nothing in clause 21.7 or 21.8 affects:

(a)          any mandatory consumer protection rights you have under the law of your country of residence, which continue to apply notwithstanding the choice of English law in clause 21.7; or

(b)          your right to bring proceedings against us in the courts of your country of residence, in addition to or instead of the English courts referred to in clause 21.7.

This clause 21.7A does not affect our right to bring proceedings against you in the courts of your country of residence where applicable law requires this.

21.8           Business Jurisdiction

If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

21.9      Governing Language

These terms and any contract formed under them are drawn up in the English language. Where these terms or any related documents are translated into another language for convenience, the English language version shall prevail in the event of any conflict or ambiguity between the English version and any translation.

22.         Credit and Finance

22.1      Credit Broker Status

ProtectaPet Ltd is authorised and regulated by the Financial Conduct Authority (FRN 752668).

ProtectaPet acts as a credit broker and not a lender.

Credit is subject to status and affordability. Terms and conditions apply.

22.2      Finance Providers

Finance options may be provided by:

·         Klarna; In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you payment options. 

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s Privacy Statement. In order to offer you Klarna’s payment methods, we may in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.

• Zopa Bank trading as DivideBuy; or
• other authorised lenders and finance providers from time to time.

Finance availability may vary depending on the customer's circumstances, location and the products or services being purchased.

22.3      Data Sharing with Finance Providers

Where you select a finance or deferred payment option at checkout, we will share certain personal data with the relevant finance provider — including your name, contact details, and order information — in order to enable them to assess your eligibility and, if approved, administer your finance agreement. Transparency notices regarding this data sharing are provided before or during the checkout process, including through each finance provider's own privacy notices presented within their payment widget. Each finance provider acts as an independent data controller in respect of data they receive from us, and their own privacy notice will apply to their processing. For Klarna, full details are available at klarna.com/uk/legal/. For Zopa Bank trading as DivideBuy, full details are available at dividebuy.co.uk/privacy-policy/. You are not required to select a finance option, and declining to share data with a finance provider will not affect your ability to purchase using another payment method.

22.4      Separate Agreement

Any finance agreement is a separate contract between the customer and the relevant finance provider.

ProtectaPet is not responsible for decisions made by finance providers regarding: approval; refusal; credit limits; affordability assessments; lending terms.

22.5     Finance Refusal

ProtectaPet cannot guarantee that finance will be available to any customer. Where a finance application is declined, the customer may: choose an alternative payment method; or cancel the order in accordance with these Terms.

22.6      Finance Cancellation

Cancellation of a finance agreement does not automatically cancel any underlying contract for goods or services except where required by applicable law.

22.7     Regulatory Compliance

ProtectaPet reserves the right to amend, suspend or withdraw finance options where required by: law; regulation; lender requirements; or operational considerations.

23.         Harassment, Abuse and Protection

23.1      Unacceptable Behaviour

ProtectaPet is committed to providing a safe, respectful and professional environment for its employees, contractors, representatives and customers. ProtectaPet will not tolerate behaviour that is: abusive; threatening; intimidating; discriminatory; racist; sexist; homophobic; transphobic; harassing; offensive; or otherwise inappropriate.

23.2      Communications Covered

This clause applies to communications and interactions through: telephone; email; post; social media; live chat; messaging platforms; review platforms; and in-person interactions.

23.3      ProtectaPet Rights

Where behaviour is considered abusive, threatening or otherwise unacceptable, ProtectaPet reserves the right to: terminate telephone calls; cease written correspondence; refuse site visits; withdraw quotations; cancel appointments; suspend installation work; refuse future services where legally permitted.

23.4      Safety of Employees, Contractors and Representatives

ProtectaPet reserves the right to suspend, postpone or terminate installation work, surveys, site visits or other services where ProtectaPet reasonably believes that the safety, wellbeing or security of its employees, contractors, subcontractors or representatives may be at risk.

This includes circumstances involving threatening, abusive, intimidating, discriminatory or unsafe behaviour, unsafe site conditions, uncontrolled animals, hazardous environments or any other situation that could reasonably present a risk to health, safety or wellbeing.

24.         Intellectual Property Rights

24.1.    Ownership of Intellectual Property

All intellectual property rights, proprietary rights and trade secrets relating to ProtectaPet's products, systems, designs, installation methods, technical information, manufacturing processes, documentation, drawings, specifications, software (if any), manuals, training materials, photographs, videos, trade marks, logos, branding, website content and all other materials created, supplied or used by ProtectaPet remain the exclusive property of ProtectaPet or its licensors.

This includes all confidential know-how, techniques, methodologies, processes, product developments and other proprietary information whether or not capable of registration as intellectual property.

Nothing in these Terms transfers any intellectual property rights to you other than the limited right to use the products for their intended purpose.

Customers must not, without ProtectaPet's prior written consent:

• copy, reproduce, distribute or commercially exploit ProtectaPet's materials;
• use ProtectaPet's trade marks, logos or branding;
• reverse engineer, reproduce, manufacture or attempt to replicate ProtectaPet's proprietary products, systems, designs or installation methods, except where expressly permitted by law; or
• remove, obscure or alter any proprietary notices, labels or branding applied to ProtectaPet products or materials.

ProtectaPet retains ownership of all improvements, developments, modifications and adaptations made by or on behalf of ProtectaPet to its products, systems or services.

24.2      Customer Content and Social Media

Where customers voluntarily provide photographs, videos, testimonials, reviews, comments or other content to ProtectaPet, the customer grants ProtectaPet a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, publish, display, adapt and distribute that content for marketing, promotional, educational and other legitimate business purposes.

Where a customer tags, mentions or otherwise interacts with ProtectaPet through social media platforms, ProtectaPet may feature, repost, share or refer to such content in connection with its products, services or business.

Where reasonably requested by the customer, ProtectaPet will consider requests to discontinue future promotional use of customer-generated content, although this will not affect material already published or where continued use is otherwise lawful.

24.3      Intellectual Property Claims

ProtectaPet warrants that, to the best of its knowledge, products supplied by ProtectaPet do not infringe any third-party intellectual property rights within the United Kingdom or the European Union.

If a third party alleges that a product supplied by ProtectaPet infringes its intellectual property rights, ProtectaPet may, at its option:

a. defend or settle the claim;

b. obtain the right for the customer to continue using the product;

c. replace or modify the product so that it no longer infringes; or

d. refund the purchase price of the affected product upon its return.

ProtectaPet will indemnify the customer against damages and reasonable legal costs finally awarded by a court in respect of such a claim, provided that the customer:

a. promptly notifies ProtectaPet of the claim;

b. does not admit liability or settle the claim without ProtectaPet's prior written consent;

c. allows ProtectaPet sole conduct of the defence or settlement; and

d. provides all reasonable assistance requested by ProtectaPet.

24.4      Exclusions

We shall have no liability under clause 24.3 where the IP Claim arises from or in connection with:

• any modification of the product made by you or a third party without our written consent;
• use of the product in combination with other products, materials or equipment not supplied or approved by us;
• use of the product in a manner not contemplated by our instructions or these terms;
• any drawing, design, specification or instruction provided by you; or
• your continued use of the product after we have notified you of the IP Claim or provided a non-infringing alternative.

25.         Confidentiality

25.1      Confidential information

Each party may disclose to the other certain confidential information in connection with the contract. For the purposes of this clause, Confidential Information means any information disclosed by one party (the Disclosing Party) to the other (the Receiving Party) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes, without limitation:

• in respect of ProtectaPet: product designs, installation methodologies, pricing structures, supplier relationships, technical specifications, manufacturing processes, and business strategies;
• in respect of the customer: site plans, property details, security arrangements, and any other information relating to the customer's premises or operations that is shared for the purpose of obtaining a quotation, survey or installation.

25.2      Obligations

The Receiving Party agrees to:

• hold the Disclosing Party's Confidential Information in strict confidence;
• not disclose it to any third party without the prior written consent of the Disclosing Party, except as permitted by clause 25.3; and
• use it solely for the purposes of performing or receiving the benefit of the contract.

25.3      Permitted Disclosures

The Receiving Party may disclose Confidential Information:

• to its employees, contractors, subcontractors and professional advisers who need to know it for the purposes of the contract, provided they are bound by equivalent confidentiality obligations; and
• where required by law, regulation, court order or the rules of any regulatory authority, provided that (where permitted) the Disclosing Party is given reasonable prior written notice.

25.4      Exclusions

The obligations in clause 25.2 do not apply to information that:

• is or becomes publicly available other than through a breach of this clause;
• was already known to the Receiving Party at the time of disclosure, as evidenced by written records predating the disclosure;
• is independently developed by the Receiving Party without use of or reference to the Confidential Information; or
• is received from a third party who is free to disclose it without restriction.

25.5      Duration

The obligations in this clause 25 shall survive termination or expiry of the contract for a period of five (5) years.

25.6 Consumer Customers

Where you are a consumer, you agree to keep confidential any proprietary information about ProtectaPet's product design, installation methodology, or security features that you become aware of in connection with your order, and not to disclose such information to third parties for commercial purposes. This clause does not restrict your right to discuss your own experience of our products or services, leave reviews, seek advice from professional or regulatory bodies, or exercise your legal rights.

Effective Date: June 2026

Last Updated: June 2026

ProtectaPet®

ProtectaPet Ltd
Company Number: 09051826
VAT Numbers: GB190682685 / NL826276702B01
FCA FRN: 752668