Terms and Conditions of Sale
1.1 'Buyer' means the person that is named on the invoice.
1.2 'You' means the buyer.
1.3 'We', 'our', 'us' means Pets at Rest which is a trade name of Mega Creations (UK) Limited.
1.4 For the purposes of this legal agreement, Pets at Rest will be known by the name of it's parent company Mega Creations (UK) Limited.
1.5 'Invoice'- this is the document titled 'invoice' received on completion of the 'contract'.
1.6 This is the legally binding agreement between the buyer and Mega Creations (UK) Limited.
1.7 'Contract' this term refers to any legally binding agreement between Mega Creations (UK) Limited and the buyer.
1.8 'Goods' and 'Products' are the physical items detailed on the invoice.
1.9 'End User' this is the person who will use the goods, not necessarily the buyer.
1.10 Our Trading Name and Address is :
Pets at Rest /Mega Creations (UK) Limited
Grip Industrial Estate
2. Terms and conditions of sale:
2.1 The buyer agrees to pay Mega Creations (UK) Limited for the goods supplied.
2.2 Goods can be paid by either Credit/Debit Card transaction or by cheque. We regret that we are unable to take American Express Cards, Diners Club Cards, JCB Cards or any other credit/debit card not shown in our card graphic at checkout.
2.3 Mega Creations (UK) Limited cannot be held responsible for mistakes made by the buyer or by any third party checkout system (like Protx, WorldPay, PayPal etc) during the checkout procedure although every attempt to rectify the problem will be made.
2.4 In the event of a payment being rejected, or failed following items being despatched, the buyer will be contacted by Mega Creations (UK) Limited and invoiced for the amount owed. This invoice must be paid within 7 days of receipt. A charge of up to 25% may be made for invoices not paid within this time.
2.5 The Goods ordered by the buyer will be dispatched upon receipt of payment from the buyer, to the address specified on the order. However, please allow up to 28 days for your order to be dispatched particularly if it has to be bespoke engraved.
2.6 If the goods you order are "out of Stock” we will send out the order to you as soon as the product becomes available again. If we cannot source the item we will contact you to inform you.
2.7 Whilst all care is taken by Mega Creations (UK) Limited to describe all products as accurately as possible there may be slight variations between the products shown on the website http://www.petsatrest.co.uk/ and the products received.
2.8 Mega Creations (UK) Limited reserves the right to change or modify any of their products without prior notice.
2.9 If the buyer has not received the goods in accordance with the invoice then it is the responsibility of the buyer to inform Mega Creations (UK) Limited of any suspected discrepancy.
2.10 Postage & Packing prices will be calculated at the checkout depending on the country of destination. If you would like to place an order from a country not listed in our checkout, please contact our sales department at: email@example.com and we will try our best to see if we are able to dispatch your required items to your destination.
3. Receipt of Products:
3.1 Once the goods have been received by the buyer, all responsibility for their use is with the buyer themselves.
3.2 If the buyer is not the end user then it is the buyer's responsibility to ensure the end user is aware of all terms of this contract- in particular the conditions as to the use of the product.
3.3 Mega Creations (UK) Limited accepts no responsibility for any loss arising out of negligent use of the products by the end user or by any third party.
3.4 Certain products may contain specific instructions as to the use of the goods and must be read and understood in its entirety prior to use of any the product.
3.5 If there are no instructions accompanying the goods then please contact sales at: firstname.lastname@example.org will provide the buyer with a copy of the relevant information if applicable to that product.
3.6 In the event that any instruction is not understood or if there are any queries as to the use of the products then the products must not be used until such time as the buyer is satisfied as to the correct use of the products.
3.7 Mega Creations (UK) Limited will try within all reasonable limits to ensure any queries relating to its products or goods are answered to the buyers satisfaction.
4.1 In any event, Mega Creations (UK) Limited shall not be liable under, or in connection with these terms and conditions in contract, tort, negligence, pre-contract or other representations or otherwise for any damages or consequential loss whatsoever.
4.2 The provision of this clause (Clause 4) shall be construed separately, applying and surviving even if for any reason one or all of the other clauses are deemed inapplicable or unenforceable in any circumstances and shall remain in force not withstanding the expiry or termination of our agreement.
5. Use of Products:
5.1 All Mega Creations products, unless otherwise stated, are for the intended use only. They must not be tampered with or changed in any way - any changes or alterations made to Mega Creations products will immediately invalidate any warranty.
5.2 It is the buyer's responsibility to ensure that the products are used in full accordance with the instructions.
5.3 Mega Creations (UK) Limited cannot accept any responsibility whatsoever for any loss or injury resulting from the proper or improper use of their products.
5.4 Mega Creations (UK) Limited cannot accept any responsibility whatsoever for any damage or loss caused to any third party equipment as a result of the use of a Mega Creations product.
5.5 Mega Creations (UK) Limited will not accept liability for use of any of its products that is not in accordance with the instructions enclosed with each purchase where applicable.
6. Pets at Rest Products & Services:
6.1 Pets at Rest are specialist Pet Memorial & Tribute engravers in glass, stone and metal and are happy to create items to customers exact specifications, contact us for more information.
6.2 The longevity of Mega Creations (UK) Limited goods and products depends on the user. Mega Creations (UK) Limited cannot accept any responsibility for items that have been mishandled or otherwise poorly treated.
7. Privacy Statement:
7.1 Mega Creations (UK) Limited respects your personal information. We will only use the information for the following purposes: a. Processing orders and customer accounts. b. To administer our business. c. Statistical purposes. d. To notify you of Mega Creations (UK) Limited products/goods/services unless you have objected to this.
7.2 Mega Creations (UK) Limited will not pass any personal information to third parties without your prior consent (subject to terms 7.4 and 7.5).
7.3 You have the right to access the personal data we hold about you at any time.
7.4 You should be aware that if we are requested by the Police or any regulatory or government authority investigating suspected illegal activities, we may be enforced to supply customers personal information, which we shall.
7.5 We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your dealings with Mega Creations (UK) Limited and those dealings are deemed by us inconsistent with our terms and conditions.
7.6 This Privacy Statement is a condensed version and should be read jointly with the main Privacy Statement on the Mega Creations website. This full statement can be read by clicking here.
8. Refunds & Cancellations:
8.1 We want you to be happy with your purchase. In certain situations Mega Creations (UK) Limited may be prepared to give refunds in respect of goods/products purchased from us. There is no automatic right arising from this term to a refund. A request for a refund must be made in writing to:
Pets at Rest / Mega Creations (UK) Limited
Grip Industrial Estate
Each case will be assessed and the decision of Mega Creations (UK) Limited is final. You will receive written confirmation of any decision made by Mega Creations (UK) Limited.
8.2 We regret that we are unable to refund the cost of bespoke engraved items that have been made to a customer's specification unless the item is faulty and beyond repair by Mega Creations or the standard of workmanship is deemed to be inferior, in which case Mega Creations will supply a replacement item engraved as per the original order only. Your statutory rights are unaffected.
8.3 In the event of you wishing to cancel your order, you must contact us immediately prior to engraving (if applicable). We regret that we are unable to cancel & refund an order if the engraving process has begun as per clause 8.2.
8.4 Stock items may be cancelled and or returned subject to clause 8.1.
9.1 Whilst Mega Creations (UK) Limited tries to ensure that all of our products and services meet the high standards expected by our customers there may be certain times when we may be unable to meet them, these are detailed below in 9.2.
9.2 Force Majeure- where there are circumstances beyond our control e.g. Acts of God, strikes, lock outs, accidents, war, acts of terrorism. This list does not exclude other such events beyond our reasonable control.
9.3 In any such event as detailed in 9.2 Mega Creations (UK) Limited shall try to resolve any such problem in so far as it is practicable.
10. Applicable Law:
10.1 We reserve the right to change our terms and conditions without prior notice in accordance with the relevant or applicable law.
10.2 If you have any queries regarding these terms then please contact Mega Creations (UK) Limited at: email@example.com and we will try to resolve your query as soon as possible.
10.3 Each of the Clauses of these Terms and Conditions shall be construed separately (unless otherwise stated) and independently of each other. Invalidity of any one part shall not affect the validity of any other part.
10.4 This agreement shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.
10.5 Your statutory consumer rights are unaffected by these terms and conditions.