1. Effect of Conditions
These are the conditions of sale which apply to all contracts made between Millbry Hill ("the Company"), a trading name of Millbry Hill Ltd, whose registered office, head office and principal place of business is at Mount Pleasant Way, Stokesley Business Park, Stokesley, North Yorkshire, TS9 5NZ and any customer ("the Customer") and shall apply to the sale of any of the Company's products or services ("the Goods"). These Terms and Conditions govern your use of the website accessed through millbryhill.co.uk (the "Website") and any orders you place through the Website, or with one of our customer service team over the phone. Please read the Terms and Conditions carefully as they affect your liabilities under law. By using the Website, you are deemed to accept the Terms and Conditions and, before proceeding with an order online, you will be required to show that you have read and understood them by ticking the "I accept the Terms & Conditions" button. Please note that you will be required to do this each and every time you place an order through the Website. If you do not agree to these Terms and Conditions, please do not register an account on the Website. Please note that to purchase goods from the Website or to use or access certain areas of the Website, you will be required to register as an authorised user of the Website.
2. Your Account
2.1 If you use the Website, you are responsible for maintaining the confidentiality of your account and your password and restricting access to your computer or device to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should inform us immediately if you have any reason to believe your password is being, or is likely to be, used in an unauthorised manner.
2.2 You must ensure that all details provided by you on registration at the Website or at any time are correct and complete and you must inform us of any changes to the information that you provided when registering by updating your personal details in the "My Account" section of the website. We cannot be held responsible for any costs or losses incurred by you, such as where an order has been sent to an incorrect address, where incorrect or out of date information has been supplied to us.
2.3 On the Website, we sell products for purchase only by people aged 18 or over. People aged under 18 may use the Website only with the involvement and supervision of a parent or guardian. The parent or guardian is required to accept these Terms and Conditions and place any orders for the person aged below 18. By placing an order and at the date you accept these Terms and Conditions, you agree you are aged 18 or over.
3. Right to suspend or cancel your registration
We reserve the right to suspend or cancel your registration to the Website immediately or restrict or prevent your access to the Website at our discretion if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time after giving us prior notice in writing. If you do so, you must stop using the Website. The suspension or cancellation of your registration to the Website and/or your right to access and/or use the Website shall not affect either party's rights or liabilities. Conditions 10, 13 and 14 of these Terms and Conditions shall survive cancellation.
4. Ordering goods
All orders placed through the Website will be subject to our acceptance of the order. When you submit an order to us on the Website, you will receive an email from us acknowledging your order ("Order Acknowledgement Email"). You should check this email for accuracy and let us know immediately if there are any errors. Please note that the Order Acknowledgement Email is not an acceptance by us and does not constitute a contract. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms the goods have been dispatched to you (the "Order Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation. Title to the goods will pass to you on delivery to you provided payment has been made in full. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation. Where you have used a promotional code to obtain a discount off the price of your order, acceptance of this order is subject to our verifying that the code has been issued to you personally and that you have complied with all the terms of the offer and qualify for the promotional code. In the event that the code has not been issued to you for your personal use, or you do not qualify for the promotion, the price of the order will be adjusted notwithstanding any email confirmation that you receive. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
5. Website information & availability
Whilst we take every care to ensure that the information on the Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information contained on the Website before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an "AS IS" basis with warranties excluded to the fullest extent permissible by law. We do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the Website or interruption in availability. Your attention is drawn to the following information in particular:
a ) The Product ingredients and typical analyses listed on this site are provided by the manufacturer. Whilst we do our best to ensure that this information is kept up to date, there may be occasions where a manufacturer has changed their formulation and this has not yet been reflected in the information on our product pages. Please always refer to the product packaging upon receipt of your order for the fullest and most up to date copy of the product's ingredients and nutritional analysis.
b ) Any Feeding Guides listed on this site are provided by the product's manufacturers. Whilst we endeavour to ensure that this information is kept up to date, there may be occasions where a manufacturer has changed their Feeding Guide and this has not yet been reflected in the information on our product pages. Due to the complexity of some feeding guides, the information displayed on this site may be a simplified version and therefore all Feeding Guides are provided for the purposes of comparing products only. Actual feeding quantities will be affected by a number of factors such as your pet's age, size, breed and activity level. Please always refer to the product packaging upon receipt of your order for the fullest and most up to date copy of the product's Feeding Guide and use only this when feeding your pet. If you are unsure of the quantities of food you should feed your pet, please contact the manufacturer or your vet.
c ) We understand that when shopping online, it can be difficult to visualise the actual size of an item, even where approximate product dimensions have been given. We may therefore provide where possible, a list breeds for which the item may potentially be suitable for on some of our products. Due to the sheer number of breeds of dogs, cats etc. in the UK, this list is a guide only and is by no means meant to be definitive. This guide is based on a breed's generic size and attributes. Every pet is an individual and therefore while a product may generally be suitable for a certain breed type, it may not be suitable for certain individual pets. Due to this, upon receipt of your order, you should ensure that you are confident that the product(s) you have purchased will be suitable for your pet's unique individual requirements before use.
d ) Sometimes manufacturers may change the product packaging or update the design of an item. Whilst we will try to update the product image as soon as possible to reflect this change, there may be occasions this change has not yet been reflected on our product pages.
e) We try to hold stocks of all styles of our products, however occasionally an item displayed for purchase on the website may be out of stock. If this is the case and you purchase an out of stock item we will inform you as soon as possible.
f) We try an ensure images displayed are as accurate as possible, however due to differences in screen monitors and display, colours may show differently on different devices so exact colours cannot be guaranteed. On occasion we may not have images of every colour variation of a product available. In such instances an image of the product in an alternative colour will be displayed for style purposes.
g ) Whilst it is our intention to keep the Website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or confirm it based on the correct information. If in these circumstances we are unable to contact you, or we receive no reply to our communications within 14 calendar days, we will treat your order as cancelled. No contract is formed until the Company accepts that goods ordered are and have been priced correctly, and dispatches the order. If a fault occurs in the service of the Website, you should report it to Customer Service either by ringing 01642 718 282 (Mon to Fri 8:30 a.m. - 5:30 p.m.) or by email and we will correct the fault as soon as we reasonably can. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
The Prices shown are in Sterling and are subject to change at any time but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. The prices shown are inclusive of Value Added Tax where applicable, which will be charged to and paid by the Customer at the rate ruling at the tax point. Sometimes manufactures will label their packaging with a suggested retail price (commonly referred to as a 'SRP', 'SSP' or 'RRP') and stock that is for sale in our retail stores may have price stickers attached to tags or packaging. This price may differ from the price we are selling goods for online. In the case where the item is labelled with a price greater to the price paid, we not charge you more than the price you originally paid after you have received your goods. Likewise, we cannot offer refunds or discounts against the price paid where an item is stickered with a price of less than you paid when placing your order. Prices and special offers shown or available on the Millbry Hill website may differ from prices and special offers available in store. Every effort is made to ensure that the published prices are correct if however the published price is found to be incorrect prior to despatch, the customer will be contacted and advised of the correct price. You may then either cancel your order or confirm it based on the correct information. If in these circumstances we are unable to contact you, or we receive no reply to our communications within 14 calendar days, we will treat your order as cancelled. Any published price in whatever format does not constitute an offer in contract or other law. No contract is formed until the Company accepts that goods ordered are and have been priced correctly, and dispatches the order.
7. Other promotions, vouchers & competitions
From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the Website. Each such offer and/or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times. Your statutory rights are not affected. Voucher codes can only be redeemed by placing your order online by entering the code at the checkout. Please note you can not use a discount code if paying by Paypal and discount codes cannot be accepted during a telephone order. Only one discount code may be used per order. Please be aware, where items are sold together as a promotional bundle or multi-buy, we reserve the right to refuse a refund or exchange on only part of this bundle and only accept a cancellation of the order when the entire bundle is returned. Sale items may be ex-display items and consequently, on occasion, sale items may have incomplete tags/packaging or otherwise lightly shop-soiled, but will be in such a condition that does not affect the normal use of the product. If on receipt of the item you are unhappy with the item for whatever reason, you may return it to us in the condition received, provided you notify us in writing within 14 working days of receipt of the order. The customer will be responsible for any costs incurred in returning the goods to us. We cannot usually accept returns after 14 working days for sale items.
Payment must be made at the time of placing the order by a credit or debit card (we currently accept Visa, Visa Debit, Maestro and Mastercard) or by PayPal. Any payment made to us will be refunded if we do not accept your order for whatever reason. We cannot accept cheque, postal orders, money transfer or "cash on delivery". We accept payment via PayPal, please note if using eCheque payment via PayPal your order will not be dispatched until the payment has cleared. Typically this can take up to 5 working days. We cannot accept voucher codes if paying by Paypal. In the event of any delay in supply and delivery of the goods caused by instructions given by the Customer, or incorrect information given by the Customer, the Customer shall be liable to pay all extra expenses incurred by the Company.
9. Delivery and carriage
Delivery charges are clearly highlighted throughout the Website and may vary depending on delivery location and size and value of the order. Your order will be fulfilled within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances such as a Force Majeure Event, however we will endeavour to give you an estimated delivery timescale at the time of placing your order (typically between 1 and 5 working days depending on delivery options chosen). Delivery dates are given in good faith by the Company who will make every endeavour to comply with dates quoted however such delivery dates are not guaranteed and do not form a term or condition of the contract. Whilst the Company will endeavour to comply with any such delivery date it will not be liable for any failure from whatever cause to meet a delivery date. The Company shall not be liable to the Customer if due to circumstances beyond its control it shall be prevented from performing any of its obligations under the contract. The delivery does not need to be signed for by the named person on the order, but delivery will be made to the specified address and a signature will usually be required (unless specific alternative delivery instructions are left for the courier). Any special instructions left with your order will be followed at the delivery driver's discretion. Any parcels which are requested to be left without a signature and/or at an alternative address will be done so at your own risk and at the discretion of the courier driver. In this case the driver will sign to say a parcel has been left and the goods will be at your risk from the time of delivery. Delivery is made to the named address and Millbry Hill cannot be held responsible for loss or damage to parcels which occurs after delivery has been made. Please be aware that our courier service does not deliver on weekends, unless an upgraded weekend delivery service is selected at checkout. Standard deliveries are made on working days only (Monday - Friday, excluding public Holidays). For further details and frequently asked questions please click here.
10. Cancellation and Refunds Policy
At Millbry Hill, we want you to be happy every time you shop with us. We understand though, on occasion, you may want to return items. We have tried to make our cancellation and returns terms clear and our charges transparent to avoid any nasty surprises. If you have placed your order as a consumer, you may cancel any Contract between us at any time within 14 working days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with our refunds policy and in accordance with your rights under the Consumer Protection (Consumer Contracts) Regulations 2013, however you will be responsible for all return postage costs. In addition to this you may, at our discretion, return goods up to 28 days after receipt of the order, however in this case you will be responsible for all postage charges incurred and a re-stocking fee may be applied. If you return only part of an order, it will not be deemed as a cancellation of contract, and therefore we are unable to refund any delivery charge. To cancel any Contract between us, you must immediately inform us by either emailing our Customer Service team or calling us on 01642 718282 between 9:00 a.m. and 5:00 p.m. Monday - Friday, and return the goods to us in accordance with the conditions below. All cancellations must be confirmed in writing by letter or email.
a ) Before returning your item, please complete your Customer Returns Form and include with your parcel. We will match this up with your returned product when it is received by our Returns Department. You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future. Return of the item(s) should be made within a reasonable time and with the original packaging. (Please see below for exceptions to this policy).
b ) When we receive the items back from you, we will process the refund due to you as soon as possible and in any case within 14 days from when you return the goods to us. In this case, we will refund the price of the product in full, but not any costs incurred in returning the item(s) to us (unless in the case of faulty or damaged goods, in which case we will provide a postage paid returns label) and we are also unable to refund any delivery charge if notification of cancellation is received after 14 working days.
c ) If you are returning the goods because you claim they are defective, we will examine the returned items and if found to have an inherent fault we will notify you of your refund, replacement or repair by either post, telephone or email within a reasonable period of time. In the event of a refund, we will usually process the refund due to you as soon as possible and, in any case within 30 days of the day we confirmed to you that you were entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. Items that after inspection are deemed not to be defective will be made available for your collection or treated as a customer return if within 28 days of placing the order and you will be responsible for the cost of the postage to us and the cost of returning the item back to you.
d ) In accordance with your rights under the Consumer Protection (Consumer Contracts) Regulations 2013, providing we receive notification of cancellation is received after 14 working days we will refund the delivery charge up to the value of the cheapest delivery option available at the time of placing the order. We are unable to refund additional postage costs for premium delivery services. We are unable to refund any shipping costs for International orders.
e ) In the event of an unauthorised return, for example products which have been returned due to a claimed defect but which are subsequently found not to be defective, it is your responsibility to arrange collection from our premises. Consequently we reserve the right to return these Products to you at your cost. Such products will be held for a period of six months, after which time the product will be destroyed if you have not made the appropriate arrangements for the goods to be returned to you.
f ) For orders delivered outside of the UK, you will qualify for a refund of the product price, subject to standard policy exceptions and exclusions) provided your product(s) are retuned to us in their original, undamaged condition & packaging and are dispatched back within 14 days of receipt. Please ensure that you keep any tracking numbers and proof of postage for future reference. Please note returned products must be clearly labelled with a note stating the goods are returned products. Failure to do this will result in import duties being removed from the amount refunded, at the customers expense.
To return an item, please wrap the package securely, enclosing a note of your name and order number and send the item(s) to be returned back to us at the address below. Return Address: Millbry Hill, Returns Department, Mount Pleasant Way, Stokesley Business Park, North Yorkshire, TS9 5NZ. If you are using your own courier/delivery service for your protection we recommend that you use a trackable and insured delivery service when returning your item back to us as we are not liable for any loss or damage whilst in transit. You are responsible for the risk of loss or damage when you return goods, so you should take out enough postal insurance to cover their value. Alternatively, you can return your item(s) to any one of our stores, where it will be sent to our Returns Department for you free of charge. If in the event you fail to return the goods after a refund has been made, we will collect them and we will charge to you the direct cost of collection. Items should be returned to us in their original, undamaged condition & packaging. We are unable to accept returns for part used food, or on customised or bespoke items or damaged products (unless delivered damaged) or veterinary medicines. We may also make a deduction from the refund for any diminution in value of the returned goods due to handling which goes beyond the sort of handling that might reasonably be allowed in a shop. When packaging your return, please ensure you enclose the manufacturer's packaging (e.g. shoe box or cellophane wrapper) within an outer box or postal bag. We are unable to accept returned goods if the manufacturer's packaging has been used as the outer postal packaging. You have a legal obligation to take reasonable care of any goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of legal action against you for compensation. We regret that we cannot, by law, accept returns of any medication including all flea treatments and wormers. If you return a medicine to us we will dispose of it for you as it cannot be resold. In addition, we cannot accept returns on made-to-order or customised items, opened food or perishable goods, underwear, swimwear, face masks, pierced earrings, videos, DVDs, CDs and computer software or games. This does not affect your statutory rights where the goods are faulty or not as described. Due to Health and Safety regulations and the potential hygiene issues, we are unable to accept, handle and inspect any items returned to us unless they are clean and dry (Health and Safety Act 1974). This also applies where an item is returned due to a defect. If the item was part of a bundle deal, or was advertised and supplied with a free gift the complete bundle/free gift must be returned with the item, unless this is otherwise agreed in writing (i.e letter or email). In this case a charge may be made for the items that are not to be returned. We can only accept returns for products that have been purchased through us and we can only refund any money received from you using the same method originally used by you to pay for your purchase. Please note that you as the customer are responsible for the cost of postage unless the item is faulty/not as ordered. Any costs or fees of return postage costs will be deducted from your total refund amount.
10.1 Free Returns Promotion
Where Free Returns is offered, we will waiver the cost of using our return postage service, providing the customer meets the terms of the specific offer. The specified return postage service must be used, and we cannot reimburse return postage costs for items sent by any other service or courier.
10.2 Faulty or Damaged Goods
Where an item is received as faulty, damaged or incorrect we will provide a postage paid returns label to return items to us where required. We are unable to refund postage costs where an alternative delivery method is used by the customer, unless agreed in writing in advance.
11. Gift Vouchers
E-Gift Vouchers purchased online can only be used online and for the intended email addressee. Payment for the gift voucher will be charged on day of purchase, not on the date of issue and are valid for 12 months from issue. Confirmation email of the gift voucher will only be sent once the order is confirmed by Millbry Hill. Gift vouchers can only be cancelled by the purchaser within 1 hour of purchase and will not be valid until confirmation email received. Unwanted gift vouchers cannot be returned and voucher codes cannot be used to purchase another e-gift voucher. Items bought using gift vouchers can be returned or exchanged but not refunded, only additional monies paid over and above the gift voucher will be refunded and a new gift voucher code will be issued. When a new gift voucher is issued it will expire on the same date as the original gift voucher. If you spend more than your gift voucher value you can pay the additional money at checkout, if you spend less than the gift voucher value you will have a credit balance to use later. Paper gift vouchers are available which can only be used in store.
12. Force majeure
The Company will not be liable for any failure or delay or for the consequences of any failure or delay in performance of the Contract, if it is due to any event beyond the reasonable control and contemplation of the Company including, without limitation, acts of God, war, industrial disputes, protests, fire, tempest, explosion, an act of terrorism and national emergencies and the Company will be entitled to a reasonable extension of time for performing such obligations.
13. Governing law and jurisdiction
All contracts to which these conditions of sale apply no matter where concluded will be subject to English law and deemed to be made at the Company's head office and any disputes will be resolved by the English courts.
14. Ownership and intellectual property
The Website is owned and operated by us, Millbry Hill Ltd, our registered office is Mount Pleasant Way, Stokesley Business Park, North Yorkshire, TS9 5NZ. Our VAT number is 352 5197 957. The copyright and all other intellectual property rights in relation to the Website and any and/or all of the material on the Website are either owned by us or are included with the relevant permission. As a visitor to the Website, you may download a single copy of material contained within the Website for your own private purposes only, provided you keep intact any proprietary notices. Subject to the condition above, copying of either the Website and/or any material contained on the Website or distribution for any commercial or business use is strictly prohibited without our prior written consent.
We reserve the right to refuse to post material on the Website or to remove material already posted on the Website. You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgement by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
a ) any claim by any third party that material posted to the Website by you is defamatory, offensive or abusive, or constitutes a breach of any applicable law, regulation or code of practice;
b ) any claim by any third party that material posted to the Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and/or
c ) any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.
We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on the Website. You will be subject to the policies and the Terms and Conditions in force at the time that you order goods from us, unless any change to those policies or the Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods). If you do not wish to accept the new Terms and Conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.