Last Update 14th July, 2019
Thank you for visiting our site. These Terms & Conditions of Use (the “Terms & Conditions”) govern your interaction with our web Website and any current for future software (on or offline) applications, as well as any orders that you place with us. These Terms & Conditions are important and affect your legal rights, so please read them carefully.
By accessing or using the Phoenix Bark “Website” and any of its component pages Phoenix Bark Ltd. or our affiliates (collectively, “Phoenix Bark,” “we,” “us” or “our”), you agree to be bound by these Terms & Conditions and all of the Terms & Conditions incorporated by reference. If you do not agree to these Terms & Conditions, you may not access or use the Website or order, receive or use the products and services made available through the Website (our “Products”).
If you are using the Website on behalf of any entity, you represent and warrant that you are authorised to accept these Terms & Conditions on this entity’s behalf and that this body agrees to be responsible to us if either you or they violate these Terms & Conditions & Conditions.
We reserve the right to change or modify these Terms & Conditions at any time and with our sole discretion. If we make changes to these Terms & Conditions, we will provide notice of such changes (for example – by email), providing to you notice, which may occur through the Website or updating the “Last Updated” date at the beginning of these Terms & Conditions or other means. By continuing to access or use the Website or order, receive or use Products, you confirm your acceptance of the revised Terms & Conditions and any of the Terms & Conditions incorporated by reference. We encourage you to review the Terms & Conditions frequently to ensure that you understand the Terms & Conditions and conditions that apply when you access or use the Website or order, receive or use the Products. If you do not agree to the revised Terms & Conditions, you may not access or use the Website or order, receive or use the Products.
- Eligibility (2)
The Website are not targeted toward or intended for use by anyone under the age of 18. By using the Website, you represent and warrant that you (a) you are 18 years of age or older, (b) you are a legal resident of the United Kingdom or the Republic of Ireland, (c) you have not been previously suspended or removed from the Website, or engaged in any activity that could result in suspension or removal from the Website, (d) your registration and your use of the Website will comply with all applicable laws (Northern Ireland and the Republic of Ireland), (e) you do not have more than one Phoenix Bark account, and (f) you have full power and authority to enter into these Terms & Conditions and in so doing will not violate any other agreement to which you are a party.
- Registration, Account and Communication Preferences (3)
In order to access and use certain areas or features of the Website, you will need to register for a Phoenix Bark account. By creating an account, you agree to (a) provide accurate, current and complete account information about you and your dog(s), (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorised access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your account. Additionally, we reserve the right to refuse access to, or use of the Website to anyone, and may terminate any account, at any time, in our sole discretion. You are only authorised to create and use one account for the Website and are prohibited from using aliases or other disguised identities when using the Website.
By creating a Phoenix Bark account, you also consent to receive electronic communications from us (e.g., via text, email or by posting notices to the Website). These communications may include notices about your account (e.g., payment authorisations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us. We may also send you promotional communications, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional communications at any time by following the accompanying unsubscribe instructions or contacting us.
- Terms & Conditions of Sale (4)
- 4.1. Pet food; Meal Subscriptions; Continuous Subscriptions; Cancellation Policy
Pet Food. Our meals are designed for pet consumption. Our food is specifically formulated for pets, not people, although ingredients are all taken from the human food chain!
Meal Subscriptions. We offer different subscription plans for our various meals (each, a “Subscription”).
When you register for a subscription, you expressly acknowledge and agree that (a) phoenix bark (or our third party payment processor) is authorised to charge you on a recurring basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the website or products in accordance with these terms & conditions. If your payment details change, your card provider may provide us with the updated payment details. We reserve the right to use these updated details for future charges in order to help prevent any interruption to the delivery of service.
Additionally, by signing up for our subscription you are agreeing to recurring periodic payments for an indefinite time until deactivated by you or us, on the subscription terms & conditions set out in the application form you have completed, subject to variation in accordance with this section. You can deactivate your subscription at any time, provided that you do so within the applicable deactivation notice period set out below. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
Furthermore, following your initial subscription period, your subscription will be automatically extended for successive renewal periods of the same length, at the then-current, non-promotional subscription rate. You can log on to your PayPal account to deactivate your subscription or email [email protected] and we will do it for you. Full details for deactivation procedures are set forth below this section. If you deactivate, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
In the event you freeze or cancel your subscription, please note that we may still send you promotional communications unless you opt out of receiving those communications by following the accompanying unsubscribe instructions or contact us.
- 4.2. Purchases through 3rd Parties.
In the event you purchase Products through a third party, separated Terms & Conditions and conditions may apply, see vendor for details.
- 4.3. Discounted Trial Packs & Other Promotions
From time to time, we may offer Discounted Trial Packs or other promotions for specified periods. If we offer you a promotion, additional Terms & Conditions may be provided in the marketing materials describing the particular promotion or at registration. In the event of a conflict with these Terms & Conditions, the specific Terms & Conditions of the promotion will prevail.
With respect to discounted Trial Packs, once your Discounted Trial ends, we (or our third party payment processor) may begin billing your designated payment method on a recurring basis for your subscription (plus any applicable taxes and other charges) for as long as your subscription continues, if we have stated that this is the nature of the Trial Pack period, otherwise, it is an independent no-commitment arrangement and no further billing will take place…this will happen unless you cancel your subscription prior to the end of your Discounted Trial. Instructions for freezing or cancelling your subscription are described in sections 4.1 above. Please note that you may not receive a notice from us that your Discounted Trial has ended or that the paid portion of your subscription has begun if this is the case. We reserve the right to modify or terminate promotions, including ongoing discounted Trial Packs, at any time, without notice and in our sole discretion.
- 4.4. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account, or PayPal account.
Products purchased by and delivered to users in locations in the United Kingdom and Republic of Ireland may be subject to applicable (varying between localities) sales tax (VAT). Products purchased and. The amount of Taxes is based on a number of factors, including but not limited to the type of Products purchased, your billing address, the nature of your dog (i.e. pet or working) or the location of the designated delivery address if different from the billing address.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription or changes in applicable taxes or other charges, and you authorise us (or our third party payment processor) to charge your payment method for the corresponding amount.
In the event your credit card fails when we attempt a charge, we will try again periodically and promptly notify you and try again periodically. If we cannot successfully charge your card, we reserve the right to not send your Order. If we do send your Order, you are responsible for prompt payment.
- 4.4.1 Charge Timing for Subscriptions and Subscription Add-ons
We will charge for your first order at the time you complete signup. Subsequent orders typically will be charged 4-8 days prior to your next scheduled delivery, though timing may vary.
- 4.4.2. Charge Timing for One-time Purchases
One-time purchases not part of a subscription plan, or placed concurrently with a first subscription order, will be charged at the time the order is placed.
- 4.4.3. Changes to Recurring Orders
Changes to an upcoming recurring order must be received by 11.59am UK time on the day you are usually charged to take effect for the following week (for instance, if you are charged on Tuesdays for Orders received on Sundays, you need to make changes by 11:59AM UK time on Tuesday for the next Sunday’s Order). We reserve the right to change or modify our charge times and order cut-off at our sole discretion.
- 4.5 Account Ledger
Your account may be associated with a ledger with a positive or negative balance. Balances may be created or earned through prepayments, loyalty incentives or other offers or mechanisms we make available from time to time. Your balance may be negative if we are unable to process payment for an Order.
When we process an Order for payment we first will debit any existing account balance and then charge the remainder to your payment method. Similarly, if you have a negative balance such amount first will be added to the charge amount.
- 4.6.1 Promotional Credit
At our discretion we may offer the ability to purchase account credits at a discount, such as €/£100 of account credit for €/£90 (“Promotional Credits”). Promotional credits are non-refundable and only may be used to purchase our products.
- 4.6.2. Loyalty or Gift Credit
At our discretion we may place credit in your account. Such credit has no cash value, may expire and may only be used for purchases of our Products.
- 4.6.3. Memberships
At our discretion we may make available the purchase of memberships entitling you to certain benefits or discounts over a specified period. Memberships are non-refundable.
- 4.6.4. Gift Cards
We may make available gift cards entitling the holder to purchase Products from us (“Gift Cards”). Gift Cards do not expire and cannot be redeemed for cash unless the balance is £/€10 or less. To redeem a low-balance card for cash please email [email protected].
- 4.7. Pricing and Availability
All prices are shown in Euros on the Website, but subscriptions in the United Kingdom are often provided in UK Sterling with each having its own applicable Taxes and other charges. We reserve the right to adjust prices and exchange rates for prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes in accordance with Section 3. We will not, however, be able to notify you of changes in any applicable Taxes (for example local VAT). The shipment of a Subscription to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Subscription in accordance with the cancellation policies set out herein.
All of our Products are subject to availability, and we reserve the right to impose limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific meal ingredients or entire meals) without prior notice. We strive to provide you with high-quality Products and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at [email protected].
- 4.8. Deliveries
We send Orders for delivery through third-party carriers or delivery in person ourselves. You are responsible for inspecting all Products you receive for any damage or other issues upon delivery, including that the Product is at a refrigerated temperature. To maintain the quality and integrity of the Products, you should immediately remove the food from the box and liner and refrigerate/freeze. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper handling, preparation, storage, use and consumption of the Products following delivery.
If you are not at home when your delivery arrives, the carrier will leave the package door wherever is feasible or in a safe place designated by you for your location. We encourage you to provide specific delivery instructions in your correspondence with us before the order is shipped, but we cannot guarantee that the carriers will follow them. Our food is designed to remain fresh for multiple hours after delivery, but depending on the season and temperature in your area at the time of delivery you should plan in advance for proper storage. Any individual at the delivery address who accepts a delivery from us is presumed to be authorised to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same Terms & Conditions and conditions that would apply had you accepted the delivery yourself.
We reserve the right to charge an additional fee if our carrier cannot deliver a package because you provided improper instructions or the carrier is unable to leave the package.
While we strive to provide the best customer experience possible, we are not liable for the actions or inactions of third party carriers. Please contact us as soon as possible if you experience an issue with the carrier.
It is your responsibility to notify us immediately if you do not receive your package during your scheduled delivery window.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, our carrier will attempt to deliver your Order as soon as reasonably possible. In the event that timely delivery is not feasible, we may retry, cancel your delivery for the period so affected and issue you a credit, or resend a new Order at a later date.
- 4.9. No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
- 4.10. Service Charges
At our sole discretion, we reserve the right to charge service fees, including, but not limited to, the following circumstances: (a) you request a change to your Order after our change cutoff and we are able to accommodate your request; (b) you request an Order sent outside of our normal service area; (c) you request a non-standard variation of our Product.
4.11 Free Delivery
Free delivery is offered at our sole discretion and may be limited to food weight and by location. Free delivery is not guaranteed, and it is again at our sole discretion whether to offer it, charge additionally in certain circumstances, or refuse to accept an order at all if it is untenable to us. Having had a free delivery previously as part of an Order with us is no guarantee that this will always be maintained and at our sole discretion, we may withdraw the offer of free delivery and apply an additional charge.
- 4.12. Food Amounts
If you are a Subscription customer, based on information you provide we send an amount of meal plan Product likely to meet the needs of your pet. However, every pet is unique and it is your responsibility to monitor their reaction to the Product and request any necessary adjustments. Our recommended portion sizes are based on you feeding only our Product, and we obviously cannot account for other food or treats that you feed without specific and accurate information from you.
- 4.13. Health Conditions & Product Suitability
It is your responsibility to verify whether our Products are suitable for your pets and to inform us if your pet has any health issues, including allergies. We are not veterinarians and DO NOT offer veterinary advice. We make NO REPRESENTATIONS about the suitability of our Product for your specific pet, and disclaim all liability associated with any adverse reactions. If you are concerned about whether our Products are suitable for your pet, please always, without exception, first consult your vet; DO NOT MAKE ANY DECSIONS ABOUT YOUR DOG’S DIET WITHOUT FIRST DOING SO.
- 4.15 Delivery Area
We may change our free delivery regions or parcel sizes and even paid delivery regions at any time and without notice. To determine whether we deliver to a specified address and if it is free of charge please email [email protected].
- 4.16. Returns and Refunds
We do not accept returns of our perishable Products. Refunds may be made at our discretion in the event of any problems with the Products.