Terms & Conditions of Sale

ABOUT US

We are Inspired Pet Nutrition Limited (trading as Barking Heads and Meowing Heads), a company registered in England and Wales under company number: 02495237. Our registered office is at: Dalton Airfield, Topcliffe, Thirsk, North Yorkshire YO7 3HE. Our VAT number is: GB 927 1515 28.

HOW TO CONTACT US

You can contact us by visiting our customer care website at https://customercare.barkingheads.co.uk

THESE TERMS

1. These terms apply to any purchases you make on our website (site). Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
2. For the purposes of these terms, you are a ‘consumer’ if you are buying products from our site as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying products from our site for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
3. Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Inspired Pet Nutrition Limited or a trading division of Inspired Pet Nutrition Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.
4. You must be at least 18 years old to place an order on our site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
5. We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
6. Your use of our site is governed by our Website Terms of Use which can be found here: https://barkingheads.co.uk/website-terms

ORDERS

1. Please check your order carefully and correct any errors before you submit it to us.
2. After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy products from us on these terms.
3. Acceptance of your order by us takes place when we dispatch your order to you, at which point a legally binding contract is formed between you and us on these terms. We will send you a shipping confirmation email to let you know once your order has been dispatched. We have the right to reject any order for any reason.
4. If we are making any bespoke or personalised products for you which are based on measurements or other information you provide to us, you are responsible for ensuring that the information is correct.
5. All orders are subject to availability. We cannot guarantee that any product will be available at any given time. If this happens, we will accept your order to the extent it can be fulfilled and cancel the rest of the order.
6. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain products. If this happens and it affects your order, we will cancel your order.

MAKING CHANGES TO YOUR ORDER AND CANCELLATION

1. If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order.
   
   

   The remainder of this clause 5 only applies to you if you are a consumer. If you are a business customer, your rights are set out in our offline B2B terms here: https://barkingheads.co.uk/b2b-terms

2. You have 14 days from the delivery date to change your mind and cancel your order. This does not apply to some perishable products or any products that have a protective or hygiene seal if that seal has been broken. If you are unsure whether the cancellation rights apply to your order please contact us.
3. To cancel your order, please use the cancellation form available here: https://customercare.barkingheads.co.uk/hc/en-gb/requests/new?ticket_form_id=360001133639
4. If you have already received your order, you must return the products to us within 14 days of telling us that you want to cancel your order and get proof of postage. The deadline is met if you send the products back to us before the 14-day period has expired.
5. Products must be returned to us in a new and unused re-saleable condition and in their original packaging (other than external packaging that is used to ship the products). We may make a deduction from the refund amount if you have handled the product in a way that has diminished the value of the product, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products. You are responsible for the products while they are in your possession.
6. Unless your products are faulty or misdescribed, you are responsible for the cost of returning the products to us. For information on how to return your products to us, go to https://barkingheads.co.uk/returns-policy
7. We will provide you with a full refund (including basic delivery charges) as soon as possible. If you cancelled before you received any products, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent products back to us, we will issue the refund no later than 14 days after the day we receive the products back from you or, if earlier, 14 days after the day you provide us with evidence that you have sent the products back.
8. We will issue your refund to the same payment method you used when you placed your order.

PRODUCTS

1. Descriptions of our products are set out on our site and the product packaging.
2. Please read the product description carefully. Pictures and images of the products or their packaging on our site are for illustration purposes only. Your products and their packaging may vary from those pictures or images.
3. We cannot guarantee that the colours displayed on your device will match exactly the appearance of your products. The colours of the products displayed on our site may vary depending on what device you are using and your settings. There may also be natural variations in colour due to the nature of the products (i.e. the ingredients).
4. All weights, sizes and measurements set out on our site are as accurate as possible but there may be a small tolerance in accordance with applicable laws.
5. We list ingredients for every product on our site. Ingredients may change from time to time and we endeavour to update our site as soon as possible. If you are concerned about ingredients in our products, please check the product packaging before consumption.
6. It is your responsibility to check the product packaging to ensure that the pet food contained in it is suitable for your pet and household. We will not be responsible for any adverse reactions to your pet or household due to the consumption of our products.
7. Feeding guides are provided as a guide only.
8. None of our products are for human consumption.
9. If you are a consumer, you must use our products only for domestic and personal use. You must not use our products for commercial, business or resale purposes.

PRICES

1. Prices for our products are set out on our site. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. For information on delivery options and costs, go to https://barkingheads.co.uk/delivery-policy.
2. Prices for our products and delivery charges may change at any time. Except as set out in clause 7.3 below, such changes will not affect existing orders.
3. If there has been an error on the site regarding the pricing of any of our products and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.

PAYMENT

1. We accept the following credit cards and debit cards: Visa and Mastercard. You can also pay by Apple Pay, Google Pay and Shop Pay. All credit card and debit card payments need to be authorised by the relevant card issuer.
2. If you are a consumer or a non-credit account business customer, we will take payment from your card immediately after the order is placed. If the payment is unsuccessful, your order will not be accepted.
3. If you are a business customer with a credit account, we will invoice you for payment. Please refer to clause 4 and clause 5 our offline B2B terms for further details: https://barkingheads.co.uk/b2b-terms.

DELIVERY DATES AND COSTS

1. For information on delivery options and costs, go to https://barkingheads.co.uk/delivery-policy. You will be given available delivery options to choose from when you place your order.
2. Your order will be delivered in accordance with the timeframes set out in our delivery policy. Any delivery dates stated during the order process, or in your order acknowledgment or shipping confirmation emails, are estimates, unless we have agreed a specific delivery date with you.
3. We will do all that we reasonably can to deliver your order within the timeframes set out in our delivery policy. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).

DELIVERY

1. We will deliver your order to the address specified by you when you placed your order.
2. Orders may be delivered in instalments.
3. We work with a range of UK delivery partners who will contact you directly regarding delivery of your order once it has been dispatched.
4. Please examine the products as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.
   
   

   The remainder of this clause 10 only applies to you if you are a business customer.

5. You shall be responsible for:
   1. any duties, taxes or other fees whatsoever payable in connection with the importation of the products into any territory outside of mainland UK; and
   2. ensuring the products are compliant with applicable laws in the location to which they are delivered/made available for collection and any other territory in which the products are re-sold. We accept no responsibility and shall not be liable for ensuring such compliance.

RISK AND TITLE

Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the products passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the products and we are not liable to you if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed. Title (ownership) of the products passes to you once you have paid for them in full.

FAULTY PRODUCTS — CONSUMERS

This clause 12 only applies to you if you are a consumer.

1. The products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply products that are in conformity with our contract with you.
2. During the expected lifespan of your product (e.g. up until any best before date specified on the product packaging), you are entitled to the following:

   Up to 30 calendar days from the date on which the product is delivered (or in the case of a perishable product, up to the date on which it can reasonably be expected to have perished, if earlier):	If your product is faulty, you can get an immediate refund.
   Up to six months:	If the product cannot be repaired or replaced, then you are entitled to a full refund in most cases.
   Up to six years:	If the product does not last a reasonable length of time, you may be entitled to some money back.

3. This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 5 above.
4. If your products are faulty or misdescribed, please contact us as soon as reasonably possible.

EVENTS BEYOND OUR CONTROL

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

OUR LIABILITY TO CONSUMERS

This clause 14 only applies to you if you are a consumer.

1. If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
3. Nothing in these terms excludes or limits our liability for any death or personal injury to humans caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

SUBSCRIPTIONS

1. When you purchase a subscription you will receive repeat deliveries. These are based on the subscription duration and frequency that you select.
2. Your payment details will be stored securely and you'll be charged for each of these deliveries. Some subscriptions may auto-renew at the end of their duration. If you do not want to renew a subscription you can cancel it at any time.
3. By clicking "Place my subscription order" in the checkout, you confirm that your subscription will automatically renew and your credit card will automatically be charged according to the product subscription price and your subscription preferences at the time of processing, until you cancel your subscription.
4. Whilst we endeavour to send reminders to you about an upcoming repeat subscription order, we cannot guarantee that these notifications will be received due to limitations with email or SMS communications. We encourage you to add enquiries@barkingheads.co.uk to your contacts and/or whitelist to prevent notification emails from erroneously being marked as spam/junk.
5. You can manage your subscriptions at any time, including viewing and changing the upcoming subscription order and the date of the order, by accessing the subscription portal within your online account, or by contacting us. Any changes to subscription orders must be made at least a day prior to the date payment is due to be taken.
6. You can cancel your subscription at any time, but you will still receive and be charged for any products for which payment has already been taken at the point of cancellation. If you cancel your subscription within 14 days of receiving your delivery you can choose to exercise your rights under section 5 and return the product(s) for a full refund.
7. A subscription is not considered acceptance of an order nor does it guarantee availability of a product. Acceptance of your order by us takes place when we dispatch your order to you, at which point a legally binding contract is formed between you and us on these terms. We will send you a shipping confirmation email to let you know once your order has been dispatched. We have the right to reject any order for any reason. In the event that a selected product is unavailable at the point of executing a recurring order, we will inform you about the delay and, if appropriate, an alterative product will be proposed.
8. Subscription prices are subject to change from time to time. Details of current prices can be found on our site and in the subscription portal.
9. Each subscription order will be subject to the minimum spend required to qualify for free or reduced rate delivery. If subsequent subscription orders fall below the minimum spend required for free or reduced rate delivery, a delivery charge will be automatically applied.
10. If you have more than one subscription to be delivered to the same address on the same date, we endeavour to deliver those products in the same delivery but this cannot be guaranteed.
11. Each product subscribed for is a separate subscription. You can amend, pause and cancel your subscription(s) using the subscription portal within your online account, or by contacting us.
12. We reserve the right to cancel or discontinue any subscription at any time for any reason. If a particular product or version of a product is discontinued, we may swap your subscription for an appropriate replacement – we will notify you by email when this happens. In some cases you may be required to swap the product yourself.
13. Our subscription service is for consumers only (for domestic/personal use); business customers do not qualify.

LOYALTY SCHEME

For the terms that apply to our loyalty scheme, go to https://barkingheads.co.uk/loyalty-terms.

BUSINESS CUSTOMERS

1. If you are a business customer, the following terms in our offline B2B terms (which can be found here) also apply to you:
   1. clause 7 (Risk);
   2. clause 8 (Title);
   3. clause 10 (Warranty);
   4. clause 11 (Anti-Bribery);
   5. clause 12 (Anti-Tax Evasion Facilitation);
   6. clause 13 (Anti-Slavery);
   7. clause 14 (Limitation of Liability);
   8. clause 15 (Product Recalls/Withdrawal);
   9. clause 16 (Intellectual Property Rights);
   10. clause 17 (Intellectual Property Rights Indemnity); and
   11. clause 20 (Cancellation of Orders).

YOUR INFORMATION

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here: https://barkingheads.co.uk/privacy-policy, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

COMPLAINTS

1. If you are unhappy with us or the products you ordered, please contact us.

GOVERNING LAW AND JURISDICTION

1. If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
2. If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).

GENERAL TERMS

1. You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
2. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
3. If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
4. If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of each of us and you respectively.
5. If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.