TERMS AND CONDITIONS

1. AGREEMENT TO THE TERMS AND CONDITIONS


1.1 Welcome to Feed The Birds. Feed the birds is owned and operated by Sophie’s Pet Care Limited trading as Feed The Birds. We are registered in England and Wales under number 9010553. Our registered office is at Brinkley, Middle Road, Tiptoe, Lymington, Hampshire, SO41 6FX Our VAT number is 222953905. Our address for correspondence is South Efford House, Milford Road, Everton, Hampshire, SO41 0JD.


1.2 Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit this website immediately.

1.3 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes.

1.4 In addition to these Terms and Conditions our Privacy Policy also applies to your use of the website and is, where relevant, incorporated by reference into these Terms and Conditions.


2. JOINING US

2.1 In order to purchase subscription products from the website, you must first register to set up an account with us by completing the registration on the website.

2.2 In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and are held responsible for your order.

2.3 When signing up you need to provide:

     your full name

     a valid and current email address

     a phone number

     your delivery address

     your payment card details

2.4 When you register you are given the opportunity to opt in or out of Feed The Birds marketing emails. If you opt in by checking the checkbox or by leaving it checked you agree to receive direct marketing offers from Feed The Birds using information provided during the registration process.

2.5 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.

2.6 We reserve the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these Terms or is otherwise being abused.

2.7 You are responsible for all activities and purchases that occur under your account. You must notify us immediately at hello@feedthegardenbirds.com if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.


3. PURCHASE OF SUBSCRIPTION TUBE

3.1 Except for individual product orders placed in our shop, when you register an account you will be given a choice to signup for one of the Feed The Birds Subscriptions: automatically renewing Monthly Subscription or 3 or 12 month Prepaid Subscriptions. At the end of the term, all Prepaid Subscriptions will automatically renew. Feed tubes in all the Subscriptions are delivered every 4 weeks during the first week of the month.

3.2 If you order a Prepaid Subscription that automatically renews, you agree to pay the applicable product price and any delivery fees upon each automatic renewal date, until you terminate your Subscription in accordance with these Terms and Conditions. Please also note that if your Subscription includes a discounted product price for the duration of the Prepaid Subscription, once the period expires, your Subscription will automatically renew at the full Subscription product price.

3.3 You can manage and make changes to your orders at any time. Please see our FAQs for more details.

4. PAYMENTS

SUBSCRIPTION ORDERS

4.1 The price of products is as quoted on the website and includes VAT.

4.2 We take payments by continuous payment authority. You will be charged as follows: Feed Tubes Monthly Subscription (delivered every month, during the first week in the month), will be charged on the 1st of the month.

4.3 If your payment fails for whatever reason, you will be notified by email.

4.4 You agree not to hold us responsible for banking charges incurred due to payments on your account.

4.5 We reserve the right to change the fees for any services at any time. We agree to notify you at least 28 days in advance of any change in fees.

4.6 The prices are shown in GBP and include UK VAT. They include delivery costs within the free delivery radius as stated on the website and in the FAQ page but exclude delivery costs for outside this area in the extended trading area, which will be added to the total amount due.

4.8 Payment must be made through our payment gateway providers at the time of placing your order. Payment in full will be taken at this time. You will be required to submit your payment details to the relevant third party payment gateway provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.

4.9 Payment is taken for all orders prior to the order being dispatched so please ensure that all details given to us are correct. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given nor can we accept responsibility if incorrect address details are given and the order is sent to an incorrect address.



5. CANCELLATION OF SUBSCRIPTION ORDER

5.1 You can cancel your deliveries by emailing hello@feedthegardenbirds.com or calling 01425 262100 and speaking to a Feed The Birds representative. If you've already paid for your next order, that will be the final tube you receive and no further charges will be made.

5.2 You cannot cancel your Prepaid Subscription mid-term. If you have not finished your Prepaid Subscription term, outstanding boxes within the Prepaid Subscription will be delivered as usual, but your subscription will not be automatically renewed.

5.3 We reserve the right to terminate or restrict your use of our service, for any reason. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.


6. DELIVERIES AND RETURNS

SUBSCRIPTION ORDERS

6.1 Tubes are delivered by your Feed The Birds representative. Proof of delivery is not obtained. Actual delivery times may vary for you depending on:

     your delivery address

     when you make your selection

We reserve the right to use alternative delivery methods without prior notification.

6.2 You will not hold us responsible for any delays relating to the delivery of tubes.

6.3 We reserve the right not to deliver to all locations, or not to deliver all products to all locations. You will be notified during the account creation process if we are unable to deliver to your address.

6.4 It is your responsibility to make suitable arrangements to receive your delivery. The delivery details section of your registration is important as it allows you to leave instructions of a suitable location where your delivery can be left if you are not at home to take receipt of the goods, which forms part of our contract under these terms and conditions.

6.5 Once your delivery instructions have been followed and completed by us, you will accept that you are in possession of the delivered goods. Where the delivery instructions have been followed; we will not accept any liability for damage to, or theft of your goods, nor will we accept any liability for any incidents which may arise as a result of the theft or damage to such goods.

6.6 It is your responsibility to report all lost or undelivered tubes within 7 days after expected arrival date by email to hello@feedthegardenbirds.com.

6.7 If you change address, you must update your address with Feed The Birds by emailing hello@feedthegardenbirds.com to ensure that tubes are delivered to the correct address. Please ensure this is done in time to take effect before you move as you will not be refunded for any tubes delivered to the wrong location. Please also ensure you still fall within the trading area of Feed The Birds.

6.8 If you are dissatisfied with any product you receive from us, please contact our customer services team on hello@feedthegardenbirds.com. We retain the right to request a return of any faulty goods by mail to Sophie’s Pet Care Limited, South Efford House, Milford Road, Everton, Hampshire, SO41 0JD, and the product will be inspected. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.


NON-SUBSCRIPTION ORDERS

6.9 Non-subscription items are delivered by your local delivery driver. Proof of delivery is not obtained. Actual delivery times may vary for you depending on:

     our stock availability

     your delivery address

     when you make your purchase

We reserve the right to use alternative delivery methods without prior notification

6.10 You will not hold us responsible for any delays relating to the delivery of tubes or items.

6.11 You may return any item to us for a refund within 14 days of receipt. Refund processing will be at our discretion. The item must be returned in its original packaging and condition. All postage costs are the responsibility of the customer.

6.12 Full purchase price of the item(s) returned successfully within 14 days of arrival will be credited to the account that was originally used to purchase the items.



7. WEBSITE USE

7.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.

7.2 All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, decompile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.

7.3 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.

7.4 You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.

7.5 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website. We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.

7.6 You are solely responsible for maintaining the confidentiality of any accounts and passwords you are required to create, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.

7.7 The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than information provided by the Customer) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at hello@feedthegardenbirds.com.

8. AVAILABILITY OF WEBSITE

8.1 Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or are fault free. If a fault occurs in the service, please report it to us at hello@feedthegardenbirds.com and we will correct the fault as soon as we reasonably can.

8.2 Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your subscription via email at hello@feedthegardenbirds.com.

9. INTELLECTUAL PROPERTY RIGHTS

1. WEBSITE

All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.

2. EXTERNAL LINKS

From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.

If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.

10. PRIVACY

We collect personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy.

11. LIMITATIONS ON LIABILITY

11.1 Nothing in this clause or otherwise in these Terms and Conditions shall exclude or in any way limit our liability:

     for fraud or fraudulent misrepresentation;

     for death or personal injury caused by our negligence;

     for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

     under Part I of the Consumer Protection Act 1987; or

     any other liability to the extent the same may not be excluded or limited as a matter of law

11.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.

11.3 Subject to clause 11.1, in no event shall we be liable to you for any business losses. Any liability we have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.

12. APPLICABLE LAW

Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.

13. ASSIGNMENT BY US

You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, subcontract or delegate any of your obligations under these Terms and Conditions.

15. ACCOUNTS ARE NON-TRANSFERABLE

Accounts with Sophie’s Pet Care Limited are not transferable and therefore cannot be sold or traded.

16. NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

17. FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

18. THIRD PARTY RIGHTS

Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

19. CONTACTING US

Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to hello@feedthegardenbirds.com or write to us at: Feed The Birds, South Efford House, Milford Road, Everton, Hampshire, SO41 0JD.

FEED THE BIRDS

AND BRING YOUR GARDEN TO LIFE