Dog & Swan
Terms and Conditions
This website, found under the www.dogandswan.co.uk URL and associated Faceboook and Ebay shops, are operated by Dog & Swan Ltd. References to Dog & Swan and ‘we’, ‘us’ and ‘our’ shall be deemed to be references to Dog & Swan Ltd. References to ‘you’, and ‘your’ shall be deemed to be references to persons placing an order via the www.dogandswan.co.uk website, as well Facebook and Ebay shops. These terms & conditions also cover emails and any other associated promotional activity. By accepting the Terms & Conditions, customers agree to read all our policies of sale on this page and also the Delivery & Returns policy.
When you place an order with us it will be deemed that you have read, understood and agreed to these Terms & Conditions. If you are unhappy with any part of these terms and conditions please contact us using the online contact form on our website.
By placing an order through our website you are making an offer to Dog & Swan to purchase the goods outlined in your order upon the terms described in your order.
When you place an order, we will require your name, email address, payment and address details. This information is required in order to process your request or inform you of acceptance of our order. A contact phone number is needed so that we can get in touch if there is a problem with your order. We may, unless you inform us otherwise, provide our couriers with your contact phone number in case they need to reach you to arrange the delivery of your order.
An email confirmation is only a confirmation that we have received your order and/or payment. It is not an acceptance of your order and we retain the right to contact you and issue a full refund in the event of complications with your order; including, but not limited to, incorrect pricing, stock availability and delivery charges.
Our contract for the sale of our products will only exist once an order has been accepted, processed and despatched to you.
Please note we cannot fulfil any obligations due to the following reasons:
The product you ordered is out of stock.
We are unable to obtain authorisation for your payment.
Identification of a product description or pricing error.
If customers do not fulfil any order criteria outlined in the Terms & Conditions.
If our delivery companies are temporarily unable to deliver due to exceptional conditions that are beyond our control including hazardous weather and accidents.
If there are any problems with your order, you will be contacted by either by email or by phone. If we problems authorising payment we will contact you via email or phone and you will have 48hours to respond. Failure to do so will result in your order being cancelled.
We reserve the right to reject any offer of purchase by you at any time.
Please note that if you are paying by post, on rare occasions items may sell out whilst the cheque is being cleared. Where this occurs, we will reissue a cheque for the amount.
Should there be an issue with your order we will contact you either by phone or email.
Please note that whilst we will make every effort and reasonable care to keep your order details and payment secure, we cannot be responsible for any loss you may suffer if a third party procures unauthorised access to any information that you supply when accessing or ordering from the Dog & Swan website.
When placing an order you will be added to our email list. However should you wish to not receive mailings, please inform us using the online contact form on our website and we will remove you from our list. Alternatively, you can remove yourself from the Email list by following the instructions at the bottom of each email.
Please note that you are entitled to cancel this contract if you so wish, provided you do so no longer than 14 working days after the day on which you receive the products. If you wish to cancel this contract prior to order despatch, please contact our customer services department using the online contact form on our website. If your order has already been despatched please refer to our Returns Policy.
Please ensure that you check all items on receipt, as faulty or damaged items must be reported within eight working days of receiving the parcel.
Payment for all orders occurs at point of sale and not at point of despatch.
All prices are quoted in Pounds Stirling and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery charges. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. You confirm that the credit or debit card that is being used is yours. If the issuer of your payment card, for any reason, refuses to authorise payment to us, we will not be liable for any delay or non-delivery. We reserve the right to withdraw any products from the website at any time and/or remove or edit any materials or content on the website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from the website whether or not that product has been sold. To be eligible to purchase products on the website and lawfully enter into and form contracts on the website under English law you must:
Register by providing your real name, phone number, e-mail address, payment details and other requested information
Be over 18 years of age
Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable
Possess a valid credit or debit card issued by a bank acceptable to us
By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Product Pricing & Descriptions
All prices published are in Pounds Sterling. Every product bought is sold subject to its product description which outlines any further specific conditions that relate to that product including, without restriction, terms and conditions that regarding approximate delivery dates/times, warranties, after-sales support and guarantees.
We undertake all reasonable care to ensure that all product details, prices and descriptions on our website and elsewhere are accurate at the time they are entered onto our system. However, the specifications and descriptions of products on our website are to provide an approximate idea of the goods they describe and do not form part of the contract between you and us and are not intended to be binding. The images shown online are for illustration purposes only. Many products are also shown with additional props but these are not included in the sale of a product unless otherwise specified. Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products. We endeavour to keep the website as up-to-date and accurate as is possible, however, there may be occasions when the information on the website (including product descriptions) may not reflect the position exactly at the point an order is placed. We do not give any warranty as to the accuracy or completeness of the information and cannot be responsible for any errors or omissions or for the results arising from the use of such information. Please note that we are unable to confirm the price of a product until your order is accepted in line with our order acceptance conditions.
Dog & Swan carries limited stock of each item and stock may sell out quickly or be limited in availability.
Where a product is not in stock, we will try to provide an estimated re-stocking date on a product page if the information is available.
Estimated delivery dates are for guidance only and may change due to unexpected delivery or stock problems. Dates reflect when deliveries are expected to arrive at our warehouse, please allow a further 7 days for stock to be quality control checked and booked in. Please not, items arriving from overseas may be subject to severe delays.
Goods will be deemed faulty if they are received damaged or where a manufacturing fault occurs within one month of purchase; however this does not include the results of normal wear and tear or deliberate alteration to or damage caused by misuse of the product.
Sale Price Adjustment Policy
Dog & Swan will offer a Sale Price Adjustment on items purchased up to seven days prior to the start date of the sale. The same item must still be available at the time of the request and before any sale price adjustment can be made and the difference will then be issued in the form of a credit note which is valid for 1 year.
We are unable to offer a price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked down.
If you are not happy with products you have chosen and received contact us through the online contact form as soon as possible and we will send you full return instructions. We would ask that you return the items with the original packaging if possible. Please note that, with the exception of faulty items or goods damaged in transit, we are not responsible for return postage and do advise that you obtain a certificate of postage in case the parcel fails to reach us. Where goods are delivered to a third party you will need to be able to return the goods you ordered to us to be able to exercise this right. We need to receive any returned item back into our warehouse within twenty eight days of receipt for a refund or exchange. We cannot be responsible for interest charges made by your credit card company whilst waiting for returns to be refunded to your card. Where item is returned to us outside of the twenty eight day time frame or is in a non re saleable condition a credit note will be issued at our discretion.
If you wish to cancel your order and return it to us, under the Distance Selling Regulations, you must let us know within eight working days of receiving your parcel. This can be done by through the online contact form. If you have already received you order you will need to return the whole order to us, at your own expense. Once we receive the whole order back we will issue a full refund including the original delivery charge paid.
Items Not Received
If you have not received your order please contact us through the online contact form. We will require you to sign a non-receipt form before we can resend your order. This can be sent via email or by the post and must be received back within 7 days.
Please see above for information on our Returns Policy.
Please return items using Royal Mail to:
Dog & Swan, 48 The Burroughs, London NW4 4AN
Please include a return form which will be emailed to you. We recommend that you obtain a Certificate of Posting in case for whatever reason the parcel(s) fails to reach us.
Disclaimer & Limitations of Liability
Dog & Swan does not look to exclude or limit liability for personal injury or death arising from its negligence or that of its employees, agents, members or directors or for any misrepresentation that is fraudulent.
To the utmost extent allowed by law and save as provided above, neither Dog & Swan nor any linked company shall be liable to you by reason of any representation, or any implied condition, guarantee, or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Dog & Swan or any of its employees, agents, members or directors or otherwise) for any indirect special or resultant loss or damage (including but not limited to loss of profit or loss of saving, expenses, costs, or other claims for compensation whatsoever which arise out of or in connection with the use of the Dog & Swan website, the supply of the products or their use or resale by you).
These limitations of liability, as outlined here, shall apply equally for the benefit of Dog & Swan Ltd. and any other linked company as if references to Dog & Swan included references to each linked company.
Whilst we try and do everything reasonable to try and keep the information on this website up-to-date and correct, Dog & Swan do not give any warranty to its completeness or correctness and Dog & Swan cannot be held responsible for any omissions, errors or for any resulting implications from the use of this information.
Dog & Swan make all reasonable effort to ensure a reliable and fast service but we do not guarantee that you that your use of this website will be free from interruption or errors and cannot be held responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto computer systems.
In addition, Dog & Swan cannot be held responsible or liable for your use of any websites that are accessible from this website as we do not have any control or responsibility for these. Any such links should not be viewed as an endorsement or an affiliation with Dog & Swan.
Copyright & Trademark
All the content of the pages on the website (including pictures, logos, photographs, copy and other materials) represent the copyright or registered trademark of Dog & Swan or its technology providers or their respective owners. ALL RIGHTS RESERVED. The modification, copying, circulation, reproduction, or incorporation of into any other work of part of or all of content available on the Dog & Swan site is forbidden, with the exception of:
Copying, printing (solely one copy) or downloading extracts of the content of the website for the sole purpose of using the website in good faith for placing an order with Dog & Swan or for non-commercial purposes.
The complete liability of Dog & Swan under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Dog & Swan will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Dog & Swan may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific written permission of Dog & Swan.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
Territory and Law
The use of this website and these Terms and Conditions are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.
This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
Dog & Swan Ltd
48 The Burroughs
London NW4 4AN
Company Registered in England and Wales No. 9392775