Terms & Conditions
These are The Dog’s Breakfast Limited (“our”) terms and conditions of use for using our website and include our Privacy, Cookies and Accessibility policies. They set out the rules for using our website (“www.thedogsbreakfast.im/www.thedogsbreakfast.net”) and service. The agreement operates between you and the company (“The Dog’s Breakfast Limited”) and sets out the rights and obligations of all users who choose to use this service.
You should read these terms and conditions before you start using our site as they apply to your use of the same.
When you access any part of our site for any purpose you are deemed by such access to have accepted and be bound by our terms and conditions of use and they are accepted by each user, all visitors and others who access our website by their use of the site.
This site is issued in the Isle of Man and is intended for the information and use of Isle of Man residents only. If you do not agree to any of these terms of use, please do not use our site.
You may not use or access the service if you disagree with any of these Terms and Conditions or do not wish to be bound by them.
Use of our site includes but is not limited to temporarily accessing, browsing or registering to use our website/services offered via our website and there is no charge for this.
Any terms, conditions, disclaimers, legal notices, health warnings, copyright and intellectual property reservations, or similar, found on this or on any other page or location or document within our website, are to be read as if incorporated herein in all respects.
We reserve the right to;
- update our website at any time from time to time, including changes to the content at any time.
- Suspending, withdrawing, or discontinuing the website
- Making changes to all or any part of our website without notice
We will not be liable to you if for any reason our website is unavailable at any time or for any period and no guarantees are provided as to the content on our website always being available or its useage being uninterrupted.
We provide all the information and material of whatsoever nature displayed on our website, or any part of it, solely for your interest and it is of a general and educational nature only. It is not intended to amount to advice on which you should rely. It does not constitute nutritional or other professional advice of any kind and is for guidance purposes only.
We endeavour to make reasonable efforts to update our website regularly. Please note however, the information may not show the most up to date nutritional developments. The information and materials on our website cannot be applied to all situations and we are under no obligation to update it. We make no representations, warranties or guarantees whether express or implied that the content on our site is accurate, complete or up to date. We do not guarantee that out site or its content will be free from errors or omissions or that defects can or will be corrected. Prior to taking any action of any nature following a review of this site which may have nutritional or any other consequences, we recommend that you consult Nutriment directly or a suitably qualified dog/cat nutritionist/vet before changing your dog/cat’s diet, particularly where your dog/cat suffers from allergies. The Dog’s Breakfast do not accept any liability for any loss or damage of any nature whatsoever which may be suffered following reliance on any information recorded on this website.
Performance of our website/service
The website is provided as is and as and when available and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law the Company on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied statutory or otherwise with respect to the service excluding all implied warranties of merchantability fitness for a particular purpose title and non-infringement and warranties that may arise out of course of dealing, course of performance usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Links to Other Websites
Our website contains links to websites maintained by other individuals and organizations over which we have no control. These links are provided for your information only and you choose to follow them at your own risk. The Dog’s Breakfast does not provide any warranty or give any undertaking of any nature with respect to the privacy, data protection, accuracy or completeness of any of those links. All risks arising from any use of their sites by you. Using or following a link from our website is assumed by you the User and you agree to keep The Dog’s Breakfast indemnified and held harmless against any loss so arising.
When you use our website you cannot and must not use this website:
- For any unlawful purpose
- To send spam
- To harm, threaten, abuse or harass another person
- in a way that invades someone’s privacy
- in a way that is in our reasonable opinion offensise or is unacceptable or damaging to us, our customers or suppliers
- to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists
- to tamper with, update or change any part of the website in any way that affects how it operates or is run
- in a way that imposes an unreasonable or disproportionately large burden on us or our suppliers’ communications and technical systems as determined by us
- to use any automated means to monitor or copy the website or its content
- to interfere with or attempt to interfere with how the website works
Our Service to you
We are The Dog’s Breakfast trading from Knockaloe Farm Shop Patrick Isle of Man IM5 3AJ
You can contact us at: admin@thedogsbreakfast.im Or by calling 07624 261745
This site is operated by The Dog’s Breakfast Limited. Statutory information is detailed below.
Orders
When you use this service you represent that you are over the age of eighteen – we do not permit those under 18 to use this service. By placing an order for goods through this service you warrant that you are legally able to enter into binding contracts.
If you place an order for goods available on the service you may be asked to supply personal information relevant to your order including but not limited to, your: name, email address, phone number, credit/debit card number, expiration date of your credit/debit card, billing address and delivery address.
You represent and warrant that you have the legal right (are legally able) to use any credit/debit card(s) or other payment method(s) in connection with your order(s) and that the information you supply to us is true, correct and complete.
By supplying the information required to place your order you grant us the right to provide the information to payment processing third parties to enable us to complete your order.
Your access to an use of this service in subject to your acceptance of and compliance with the Privacy Policy of the Company which can be found at https://thedogsbreakfast.net/privacy-policy/ The Company’s Privacy Policy describes how we collect, use and disclose your personal information when you use this service or our website and tells you about your rights and how the law protects you. You should read the Company’s Privacy Policy before you use this service.
Deliveries
We only deliver products to the Isle of Man
To order please go to www.thedogsbreakfast.im add the products you wish to buy to the basket and complete your purchase by checking out.
We provide an island wide delivery service and to make this service cost effective we deliver to different areas of the Island on specific days and deliver to more than one customer on delivery days.
Orders are to be placed before 2.00pm, no later than one working day before the delivery is due.
Delivery times and dates are only estimated.
You as the purchaser’s accept responsibility to ensure that:
the correct information is provided to enable delivery to take place
the email confirmation of the order details is properly checked and if any amendments are required they are communicated within 2 hours of receipt either by emailing orders@thedogsbreakfast.im or by telephoning 07624 261745
If you do not receive an email confirmation confirming your order within an hour and after checking your spam please contact us by emailing orders@thedogsbreakfast.im or by telephoning 07624 261745
You are there to accept the delivery of the goods and that the goods can be accepted at or around the estimated delivery time
We do not accept liability for:
frozen goods defrosting if the purchaser is not available to accept delivery of the goods or if the incorrect delivery information has been provided. No refund will be provided in these circumstances
late delivery. All delivery times are estimated and are not guaranteed. You agree that The Dog’s Breakfast Limited will not be liable in any way whatsoever for not meeting a delivery time or date whatsoever the reason
any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including but without limitation to: strikes, lock-outs, any other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, transport disruption, outbreak of war
We have set delivery days for the North, South, East and West of the Island which can be subject to occasional change due to bank holidays and annual leave. Delivery of goods other than on the relevant day is not normally possible – please contact us if you need a delivery on a day other than the relevant day. Please note – additional charges could be incurred for deliveries on a day other than on the relevant day.
If you wish to order over the phone please Tel: 07624 261745
It is unlikely that your order will not arrive on the relevant delivery day but if our normal high levels of service standards are interrupted – please contact us on 07624 261745 or orders@thedogsbreakfast.im within 24 hours. We will investigate and contact you within 24 hours. In these circumstances you can either cancel the order and we will refund amounts paid in full or rearrange for the delivery to be made on an alternative date.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions and that they comply with them.
Payment
All goods purchased are subject to a one time payment. Online orders and telephone orders must be paid for at the time of placing the order.
In store purchases must be paid for at the time of purchasing.
Payment can be made by cash, or card including Visa, Mastercard, or payment methods such as Paypal.
Your card issuer may subject your credit/debit card payments to validation and authorisation checks. We will not be liable for any delay or non-delivery of your order if you have not complied with our card issuers validation/authorisation checks.
If you wish to pay by cheque we will only dispatch your order once the cheque has fully cleared.
Account
If you choose to set up an account you must provide accurate and complete information which is up to date at all times. Please ensure any change of address is amended immediately. You will be provided with a user identification code and will be asked to create a password. You must safeguard the password you set up and use to access this service and for any activities under your password whether your password is with our service or a third party social media service. Your password and username and account id is confidential information and you must not disclose your password to any third party. If you believe that your password is not secure you must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
It is your responsibility to enaure that this information remains confidential and that it is not disclosed to a third party. We will not be liable for any breach of confidentiality or orders made, payments taken as a result.
You must not choose or use a username of another person or entity that is not lawfully available for use, a name or a trademark that is subject to any rights of another person or entity other than you without appropriate authorisation or a name that is otherwise offensive or vulgar or obscene.
Termination
We have the right to disable an account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
Your account may be terminated or suspended immediately, without prior notice or liability for any reason whatsoever including without limitation if you breach our terms and conditions. Your right to use the service ceases immediately.
If you wish to terminate your account simply discontinue using the service
Prices
The Dog’s Breakfast reserve the right to alter prices without notice and set prices independently of the product supplier(s) for example, to account for the cost of carriage, at any time prior to accepting an order. The prices quoted may be revised after accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel your order.
Promotions
Promotions offered through this service may be subject to rules separate from these terms and conditions.
Please review the rules applicable to the promotion and our privacy policy if you participate. If the promotion rules conflict with these terms and conditions the promotion rules will apply.
Returns / Cancellations
We do reserve the right to refuse or cancel your order at any time which could include but is not limited to the following reasons: availability of goods, errors in the description of prices for the goods, errors in your order, if fraud or an unauthorised or illegal transaction is suspected.
If you wish to return product to us you should advise us of you intention to do so within 48 hours.
Your right to cancel an order only applies to goods that are returned in the same condition as you received them. This includes all of the product instructions, documents and wrapping. You should take reasonable care of the purchased goods whilst they are in your possession. If the goods are damaged or not in the same condition as you received them, or worn beyond opening the original packaging, they will not be refunded. Returns should be made in their original, undamaged packaging, within 10 working days of your receiving the goods.
You are responsible for the costs of returning the goods.
Frozen products must be kept frozen, in their original undamaged packaging. You will need to arrange appropriate transport to preserve the products condition otherwise no credit will be given. The delivery charge is non-refundable, if a delivery charge has been applied. Goods should be returned to The Dog’s Breakfast Knockaloe Farm Shop Patrick IM5 3AJ Refunds will be given only in respect of goods returned that are not damaged, that are still in their original packaging and any frozen product in its original undamaged packaging which has not been defrosted and re-frozen.
Reimbursement to you will be no later than 14 days from the day on which we received the returned goods. We will make any refund via the same means of payment as you used to place the order for the goods. There will not be any fees for reimbursement.
You will not have a right to cancel an order for the supply of any of the following goods which includes the supply of goods:
made to your specifications, such as engraved items
which clearly according to their nature are not suitable to be returned, deteriorate rapidly, defrosted or where the date of expiry is expired
which are not suitable for return due to health protection or hygiene reasons and were unsealed after
which are after delivery and according to their nature inseparably mixed with other products or food or items and
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged loss of your cancellation
We cannot accept cancellations on the day of delivery on frozen products.
Availability, Errors, Inaccuracies and substitutions
Our suppliers constantly update their offerings of goods and this subsequently affects the updating of our offerings of goods on this service. It is possible that goods in this service could be mispriced, described inaccurately or are unavailable and we may experience delays in updating information regarding our goods on tis service and advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change and update information and correct errors, inaccuracies or omissions at any time without prior notice.
We will provide a substituted frozen food product in your order if we do not have stock. You will be notified of frozen food substitutions prior to delivery and have the right to reject them, unless you have not rejected them 24 hours before delivery takes place, in which case we cannot change the substitution due to the frozen nature of the product.
Risk
The goods shall be at risk of the buyer immediately delivery has taken place at the address provided by the purchaser and as shown in the contract or invoice. It will be up to the purchaser to ensure the quality of the goods once they have been delivered.
If the goods are collected from the Company’s premises the risk shall, be transferred immediately the goods are paid for.
The buyer shall insure and keep insured the goods against all risks to the reasonable satisfaction of the Company until the date that ownership of the goods passes to the buyer.
If you are not content with your purchase
You and your custom are important to us and if our goods are not to their usual high quality standard please contact us either by email admin@thedogsbreakfast.im or by calling 07624 261745 in the first instance to enable rectify the issues you are experiencing. If you are still not satisfied you can contact the Office of Fair Trading for more advice (see details below).
This policy does not affect your statutory rights and the goods supplied should be:
as described – this means that they must meet the description given to them either on the label, on notices in the shop or verbally by the retailer
of satisfactory quality – they must be of a standard that a reasonable person would consider satisfactory from the point of view of appearance, finish, freedom from defects, safety and durability
for the purpose – they must do the job they are supposed to do
If goods that you buy do not meet with these conditions you have the right to ask us for a replacement, your money back or for a reasonable repair that meets the above conditions.
Office of Fair Trading
Thie Slieau Whallian, Foxdale Road, St John’s IM4 3AS
Telephone:+44 1624 686500 Website:http://www.gov.im/oft/
Liability
Nothing in these terms and conditions of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by Manx Law.
Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these terms and conditions and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you through the service or £100 sterling if you have not purchased anything through the service.
To the extent permitted by law we exclude all conditions, warranties, representation or other terms which may apply to our site or any content on it, whether express or implied.
To the maximum extent permitted by law in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever. We will not be liable to any user of our site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise even if foreseeable, arising or in connection with, use of or inability to use our site or use of or reliance on any content displayed on our site.
If you are a business user using our site, please note that we will not be liable for (but not limited to) damages for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage, loss of data or other information, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
If you are a consumer user using our site, you agree not to use our site for any commercial or business purposes and we have no liability (including but not limited to) to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Intellectual Property Rights
We and or our suppliers are the owner and/or licensee of all intellectual property rights in our site and in the material published on it. These works and those of our suppliers are protected by copyright laws and treaties around the world. All such rights are reserved.
No part of this website or our trade dress may be copied, reproduced, or distributed without the prior consent of The Dog’s Breakfast or our suppliers where applicable. For more information or to establish a link to our site or to obtain our consent to the reproduction of any part of this website for your own use, please contact us at admin@thedogsbreakfast.im
We do consent to single copies of pages and downloaded extracts of any pages from our site for your personal use and you may draw the attention of others within your organisation and/or personal circle to content posted on our site.
You must not modify the paper or digital copies you have printed or downloaded in anyway and may not use any illustrations, photographs, video or audio sequences or any graphics separately form any accompanying text.
Our status and that of any identified contributors as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence from us or our licensors/suppliers/their licensors.
Any breach of these terms and conditions will result in your right to using our site immediately ceasing. We reserve the right to request that you return or destroy any copies of the materials from our site that you have made.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Malware
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be deemed to be an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Uploading content to our site
Any content you upload to our site will be considered non-confidential and non-proprietary whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site. You retain all of your ownership rights in your content, but you are required to grant us and other users of the site a free of charge limited licence to use, store and copy that content and to distribute and make it available to third parties.
We reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you or others make on our site. The views expressed by other users on our site are not in any way a representation of our views or values.
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website without our express permission. We reserve the right to withdraw any linking permission without notice.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
Jurisdiction
The Dog’s Breakfast Limited is a business that operates in the Isle of Man and is governed by the laws and regulations of the Isle of Man.
These terms of use, the subject matter they contain and their formation, are governed by Isle of Man law. You and we both agree that the courts of the Isle of Man will have exclusive jurisdiction.
SEVERABILITY AND WAIVER SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute