Terms & Conditions of Sale

Acceptance | Cancel | Payment | Shipping | Charges | Delivery | Errors | Warranties | Liability | Returns | Exchanges | Laws | Exporting | Misc | Headings

This document was last updated 22 June 2010.

Please read these terms and conditions of sale ("Terms of Sale") carefully before purchasing any goods through the http://www.petsafe.net website ("Website" or Site"). These Terms of Sale should be read in conjunction with the Website Terms of Use and the Privacy Policy. By purchasing any goods through the Site, you are acknowledging that you have read all of these Terms of Sale, and are agreeing to be legally bound by them. If you do not agree to these Terms of Sale, please do not purchase any goods through the Site.

Radio Systems® Group is a member of a group of companies comprising its subsidiaries (including PetSafe Limited), its ultimate holding company and its subsidiaries (the "Group"). For details of the members of the Group relevant to your country, click here.

These Terms of Sale contain the terms and conditions that apply to your purchase of products and/or services and/or support from any member of the Group (the "Supplier") through the Website. By accepting delivery of the products and/or services and support described on the invoice, you (the "Customer") agree to be bound by and accept these terms and conditions.  These terms and conditions apply (i) unless the Customer has signed a separate purchase agreement with the Supplier, in which case the separate agreement shall apply; or (ii) unless other standard terms of the Supplier apply to the transaction. These terms and conditions are subject to change without prior written notice at any time, in the Supplier’s sole discretion.

1.         Acceptance. Your acceptance of each and all of these Terms of Sale shall be indicated by any of the following, whichever occurs first:

2.         Right to Cancel. If you are contracting as a consumer, you may cancel an order at any time within seven working days, beginning on the day after you received the products. The following conditions apply:

3.         Payment Terms; Orders; Quotes; Interest. Terms of payment are within the Supplier's sole discretion, and unless otherwise agreed to by the Supplier, payment must be received by the Supplier prior to the Supplier's acceptance of an order. Payment for the products and/or services and/or support must be made by credit card or some other prearranged payment method accepted by the Supplier unless the Supplier has agreed to credit terms in writing. Product and pricing data may change without notice. Subject to clause 7, final pricing on a Customer’s order is effective on the date that payment for the order has been received. Invoices are due and payable within the time period noted on the reverse side of the invoice, measured from the date of the invoice. The Supplier may invoice parts of an order separately. Orders are not binding upon the Supplier until accepted by the Supplier. Any quotations given by the Supplier will be valid for the period stated on the quotation. Customer agrees to pay interest on all overdue sums at the higher of 5% above the base rate of the central bank of the Customer’s place of residence and the highest rate chargeable under any applicable legislation. Customer shall indemnify and hold the Supplier free and harmless from and against the imposition and payment of all taxes, whether or not they are stated in any invoice for products shipped to Customer.

4.         Shipping. Orders placed through the Site are subject to product availability and will be shipped according to the shipping terms contained in these Terms of Sale and the shipping terms and charges presented on the Site at the time of purchase. In the unlikely event that your order never arrives, the Supplier must receive notification in writing (including email) or telephone within twenty one (21) days of the estimated delivery date stated in the shipping notification email that you received. Shipping charges are not refundable except where expedited shipping was purchased but not provided, in which case the Supplier will credit the account for the difference in cost of the shipping purchased and the shipping provided.

5.         Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on the Supplier's invoice(s). Customer is responsible for all other taxes associated with the order, however designated (including, without limitation, Value Added Tax at the applicable rate), except for taxes on the Supplier's net income. If applicable, a separate charge for taxes will be shown on the Supplier' invoice.

6.         Delivery; Title; Risk of Loss. Risk of loss to products passes from the Supplier to Customer on shipment from the Supplier. Title to product(s) passes from the Supplier to Customer on the later of payment in full for the products and shipment from the Supplier. The Supplier shall not be liable for any delays in delivery beyond the reasonable control of the Supplier including, but not limited to, delays caused by unavailability or shortages of product or product components from the Supplier's suppliers, natural disasters, acts of war, acts or omissions of Customer, fire, strike, riot, governmental interference, unavailability or shortage of materials, labour, telecommunications, fuel or power through normal commercial channels at customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, transportation failures or computer-related transmission failures. Clause 9 of these Terms apply in respect of the Supplier’s liability for any loss to the Customer.

7.         Errors on the Site. The pricing and availability of products and or services and/or support available through the Site are subject to change without notice. When the Supplier discovers an error on the Site it will be corrected as soon as reasonably practicable; however, the Supplier reserves the right to revoke any stated offer and to correct any errors, misstatements, inaccuracies, or omissions, both before and after an order has been submitted to the Supplier, whether or not the order has been confirmed and whether or not Customer’s credit/debit card has been charged. In the event that Customer’s credit/debit card has been charged and Customer’s order is subsequently cancelled by the Supplier, the Supplier will issue a credit to that account in the amount charged prior to the cancellation of the order. The Customer accepts that the Supplier does not control when the relevant credit will be reflected on Customer’s account balance. Returns are governed by the applicable clauses of these Terms of Sale.

8.         Warranties. The Supplier hereby warrants that goods and/or services provided by the Supplier via the Site shall be of satisfactory quality. Additional warranties may apply to specific products, in which case details will be provided on request.

9.         Limitation of Liability. The customer represents, acknowledges and agrees that, save as set out herein, the Supplier has not made any representations or warranties, direct or indirect, express or implied, as to any matter whatsoever, including without limitation, the quality or condition of any product, or any product’s merchantability or its suitability or fitness for any particular purpose, the quality of the material or workmanship of any product, and all such warranties are expressly excluded hereby. To the maximum extent permitted by applicable law, the Supplier hereby excludes and shall not be liable to Customer for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or any product, service or support provided to the Customer through this Website, including but not limited to, damages for lost profits, or loss of use, even if the Supplier has been advised of the possibility of such damages.

The total liability of the Supplier to the Customer for all losses, damages and causes of action (in contract, tort, including without limitation, negligence or otherwise) will not be greater than the amount paid by the Customer for the particular product(s) or services or support.

10.       Return Policies. If for any reason you are not completely satisfied with your product, you may return it for a full refund of your purchase price subject to the following:

11.       Exchanges. From time to time, the Supplier may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with the Supplier's exchange policies in effect on the date of the exchange.

12.       Jurisdiction and Governing Law. The laws of England and Wales apply to all matters regarding this Site. By use of this Site you agree and submit to the exclusive jurisdiction of the Courts of England and Wales. Notwithstanding the foregoing and for the benefit of the Owner only, in the event that a dispute arises between you and the Owner relating to these Terms of Sale, the Owner retains the right to issue proceedings within the jurisdiction of any Group member country.

13.       International Users. Customer agrees and represents that it is buying for its own internal use only, and not for resale or export.

14.       Miscellaneous. The Terms of Sale, Terms of Use and Privacy Policy (together with all documents referred to therein) constitute the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and shall supersede all prior offers, negotiations, understandings and agreements. Any waiver by the Supplier of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or any future defaults hereunder. This Agreement shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability, and no failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or reinforcement of rights hereunder. This Agreement may not be assigned by Customer but is freely assignable by the Supplier.

15.       Headings. The section headings used herein are for convenience of reference only and do not form a part of these Terms of Sale, and no construction or inference shall be derived therefrom.