Our terms and conditions apply to all transactions on our website and also for all transactions made by UK customers via email, telephone or any other method of ordering.
They do not affect your statutory rights.
1.1 We are Topguard Feeds Ltd, a company registered in England and Wales. Company registration number: 13974217. Registered address: Rowarts, Five Oaks, Slinfold, Horsham, West Sussex, RH13 0RL.
1.2 You can contact us by telephoning our customer service team on 07880798442 or 07764357467, via email at sales@topguardfeeds.co.uk or writing to us at Rowarts, Five Oaks, Slinfold, Horsham, West Sussex, RH13 0RL.
1.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.1 These are the terms and conditions on which we supply products to you.
2.2 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
2.2.1 You are an individual; or
2.2.2 You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, or profession).
2.3 If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these terms.
3.1 Please note, you will receive an acknowledgement of your order at the point of submission. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between both parties.
3.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, due to unexpected limits on our resources which we could not reasonably plan for, because of an n error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. We will not be liable to you for any loss arising as a result of us being unable to accept your order.
3.3 All customer orders are assigned an order reference number. Please advise us of this number should you need contact us about your order.
3.4 We only sell to the UK and surrounding islands. Our website is solely for the promotion of our products in the UK.
4.1 The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.
4.2 The packaging of the product may vary from that shown in images on our website.
5.1 If you wish to change a product you have ordered please contact us immediately. If the order has not been processed and shipped, we will let you know if the change is possible, due to stock levels. We will notify you of variation in price and timing to supply the alternative item. We will not proceed with the order change until you, the customer has confirmed you wish to proceed.
5.2 We are unable to offer an exchange or refund if a pet food, has been opened. Unless there is sufficient evidence of a defect with the product, and proves not fit for purpose.
6.1 We may change the product:
6.1.1 To reflect changes in relevant laws and regulatory requirements; and
6.1.2 To implement minor technical adjustments and improvements, for example to improve the recipe.
6.2 In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
6.2.1 Changes to the price of the products,
6.2.2 Changes to the cost of delivery; and
6.2.3 Changes to the payment terms.
7.1 The costs of delivery will be as displayed to you on our website within the checkout. Additional charges maybe required if delivery if required to the Scottish Highlands or Islands.
7.2 We will aim to deliver your order within 48 hours where orders are received on or before 2pm the day your order is received. Please allow 2-3 working days for delivery to the Scottish Highlands or Islands.
7.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not yet received.
7.4 Any product you have ordered from Topguard Feeds Ltd which is goods, will be your responsibility from the time we deliver the product to the address provided.
7.5 You own a product which is goods once we have delivered them to you.
7.6 Certain information is required in order for us to fulfil an order, for example, your name, address and contact telephone number. If so, this will have been stated on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
7.7 We may have to suspend the supply of a product to:
7.7.1 Deal with manufacturing problems or make minor changes,
7.7.2 Update the product to reflect changes in relevant laws and regulatory requirements,
7.7.3 Make changes to the product as requested by you or notified by us to you (see clause 6).
7.8 We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.9 If you do not pay us for the products when you are supposed to (see clause 14.4) we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended.
8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you are consumer and have just changed your mind about the product, see clause 8.3;
8.1.4 In all other cases, see clause 8.4.
8.2 If you are ending a contract for a reason set out at clauses 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2),
8.2.2 We have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed,
8.2.3 There is a risk that supply of the products may be significantly delayed because of events outside our control,
8.2.4 We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
8.2.5 You have a legal right to end the contract because of something we have done wrong.
8.3 If you are a consumer, you have a legal right to change your mind within 14 days from the date you receive the products and receive a full refund. (If the product you have ordered is a food item and the bag has been opened, consumed or tampered with, and the product is not faulty, we cannot offer a full refund, we will offer a voucher for the value of the product). Your statutory rights are not affected.
8.4 Even if we are not at fault and you are not a consumer who has a right to change their mind, (see clause 8.1), you can still end the contract before it is completed, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided. If we have provided the products, we will refund you if the products and invoice are returned to us in same the condition within 14 days.
9.1 To end the contract with us, please let us know by telephoning our customer service team on 07880798442 or 07764357467, via email at sales@topguardfeeds.co.uk or writing to us at Rowarts, Five Oaks, Slinfold, Horsham, West Sussex, RH13 0RL. Please provide your name, address, details of the order and, where available, your phone number and email address.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Rowarts, Five Oaks, Slinfold, Horsham, West Sussex, RH13 0RL. (If they are not suitable for posting) allow us to collect them from you. on 07880798442 or 07764357467, via email at sales@topguardfeeds.co.uk or for a return label or to arrange collection.
9.3 We will pay the costs of return:
9.3.1 If the products are faulty or misdescribed; or
9.3.2 If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment.
9.5 We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
9.5.1 Your refund will be made within 14 days from the day on which we receive the product back from you, or, if earlier, the day on which you provide us with evidence that you have sent the product back to us (see clause 9.2).
9.5.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.1 We may end the contract for a product at any time by writing to you if:
10.1.1 You do not make any payment to us when it is due; or
10.1.2 You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, name, address and telephone number; or
10.1.3 You sell, or attempt to sell, our products online via a third-party website, platform or online marketplace. For the avoidance of doubt, you may sell our products online from your own independent website(s).
10.2 If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided.
10.3 We may write to you to let you know that we are going to stop providing the product. We reserve the right to stop the supply of the product at any time. If this happens we will refund any sums you have paid in advance for products which will not be provided.
11.1 If you have any questions or complaints about the product, please contact our customer service team on 07880798442 or 07764357467, via email at sales@topguardfeeds.co.uk or writing to us at Rowarts, Five Oaks, Slinfold, Horsham, West Sussex, RH13 0RL.
12.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) Up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
(c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
12.2 If you wish to exercise your legal rights to reject products you must either return them post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please telephone our customer service team on 07880798442 or 07764357467.
13.1 The price of the product (which includes VAT unless otherwise stated) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 We accept payment with all major credit cards and Google Pay.
13.5 You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
13.6 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the products.
14.3 We are not liable for business losses. If you are a consumer, we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
15.1 We will only use your personal information as set out in our privacy policy here.
15.2 We may also collect personal information in relation to you from third parties for the purpose of fraud prevention.
16.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.