Tail Mail is owned by Ginger&Browns
& Conditions govern your use of the Tail Mail subscription service and
website. Please see the Terms & Conditions for using the Ginger&Browns website, store and online store on the
Ginger&Browns website www.gingerandbrowns.co.uk
By using this website you signify your acceptance of all of our Terms and Conditions. If you do not agree, please exit out website immediately. We reserve the sole right to alter any of the terms and conditions from time to time. Please check this page regularly to ensure you are familiar with the current version.
- First published March 2017
& Buyer means
the individual or organisation that buys or agrees to buy the Goods from the
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
Goods means the articles that the Buyer agrees to buy from the Seller.
Website, & Site means www.tail-mail.co.uk
We, Us, & Seller means:
Ginger & Browns Ltd
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
Terms and Conditions:
terms and conditions govern your use of our website and Subscription Service
including Trial Boxes; by using these, you accept these terms and conditions in
full. If you disagree with any part of these terms and conditions, do not use
our website or subscription.
Unless otherwise stated, we or our licencors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website, provided that:
- You do not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system
- You do not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent from Ginger&Browns Ltd.
- No trade mark, service mark, corporate name or other trading name of Ginger & Browns Ltd or any of its subsidiary companies may be used by a customer without that customer first obtaining the prior written permission of Ginger & Browns Ltd.
The Buyer's statutory rights as a Consumer is not affected by any of these terms & conditions set out.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
Limitations of liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website or it’s services remains available or that the material on this website is kept up-to-date.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
You acknowledge that you are responsible for checking that each product you receive is indeed, safe and correct for your pet, when receiving it through our subscription service. You are solely responsible for the health and safety of your pet.
You acknowledge that your use of this site, its contents, products and services is at your own risk.
Except for liability which we cannot limit, restrict or exclude by law, we will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
A person who is not a party to this agreement will acquire no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or take the benefit of any of these terms and conditions.
Access to certain areas of our website can be restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
Our Contact Details:
The full name of our company is: Ginger & Browns Ltd. Workshop 11, Blakemere Village, Chester Road, Sandiway, Northwich, Cheshire, CW8 2EB
All prices include VAT where applicable, if you require a VAT Invoice receipt, please don’t hesitate to contact us!
Guarantee and liability
The statutory guarantee provisions apply.
Payment for goods is to be made by debit card. Unfortunately, we cannot accept payment sent in the form of cash or cheques and are not responsible for loss.
A monthly direct debit will be set up at the Checkout. You can cancel this direct debit at any time through your Log-In. The Subscription is completed using Subbly, & Stripe. You are subject to their Privacy Policies, as well as our own.
Our Subsciption Service
To receive a Subscription Service package, we require you to register with us using our registering process on our website. This generates a User Account. You must be at least 18 years of age on the date of registering, ensure you give us accurate and complete details, and you are responsible for keeping this information, and payment information up to date.
Accounts with Ginger&Browns are non-transferable, and cannot be assigned, transferred, traded or sold to any other party.
You agree not to impersonate any other person, and agree not to conduct yourself in an illegal, immoral or offensive manner, whilst using our website. You may not use our website for illegal purposes or in any way that may damage our name or reputation.
Password and Security
You must create a password when registering for a Subscription Account with us. You are responsible for choosing a secure password, and keeping it safe.
You are responsible for all actions and changes in your account, and must notify us immediately if you know or believe another party has gained unauthorised access to your Ginger&Browns account.
You must have registered an account with us. Payment must be received in full prior to each delivery, unless an alternative offer is made in writing. Without exception, you agree to pay the balance of all products you receive on the agreed dates. By completing the order process by registering for one of our subscription packages, or by purchasing a Trial Box, the customer makes a binding offer to enter into the purchase contract.
Our subscription package is tailored to your pet, using the details you provide during registration. You are responsible for filling out the tailoring form completely and accurately, and must give any information that may be deemed necessary, even if we have not asked for it – there is an opportunity to add in additional information on the form which you must use to inform us of any information we have not asked for, that is necessary for us to know in order to tailor your subscription.
We cannot guarantee a particular product will be available for a particular delivery.
Your subscription plan may change over time in content, price and composition. This could be because, but is not limited to; increased costs incurred by Ginger&Browns, your pet’s age, breed, activity level, feedback from you, or the request to add or subtract elements from your subscription. This will vary the price away from the original agreement, and so the original quote is not guaranteed for the duration of the Subscription contract. If a price increase is proposed, you are able to cancel your subscription if you do not wish to proceed.
We reserve the right to vary the contents of your order without notice and at our sole discretion.
You can manage future orders with us through your Account. Your subscription will remain in place until you cancel your subscription.
Ginger&Browns will use the information you provide us with during registration, to tailor a subscription specifically to you and your pet. Every effort will be made to ensure the products we supply to you are safe, and meet the guidelines set out by you during your registration. However Ginger&Browns cannot be held responsible for any damage, financial loss, health issue or loss of life incurred from a product that we have chosen to send you. You are responsible for checking that each product is indeed, safe and correct for your pet. If you have any concerns or would like to reject an item, please notify us within 24 hours of receipt.
Dispatch & Delivery
Delivery is available in the UK mainland excluding the Highlands.
You are responsible for ensuring we have the correct delivery address, and we well ship the delivery to the address we are given.
Ginger&Browns Ltd. reserves the right to use the delivery company of their choosing, but Ginger&Browns Ltd. will not be held responsible for delays caused by the delivery company, after it has left our premises. Ginger&Browns Ltd does not guarantee that a delivery will be with you on or by an agreed date, and no refunds or compensation can be given in accordance with this. Ginger&Browns Ltd reserves the right to request the buyer allows more time to allow for delivery, when this advice is given to Ginger&Browns Ltd. from the delivery company.
In the event that Ginger&Browns Ltd. is unable to deliver the ordered product because Ginger&Browns Ltd. itself is not supplied by its own suppliers, without culpability on the part of Ginger&Browns Ltd, Ginger&Browns Ltd. may withdraw from the contract. In such as case, the buyer will be contacted without delay and will propose a comparable product. If a comparable product is not available, or if the customer does not wish to have that product delivered, Ginger&Browns Ltd. shall refund the payments made by the customer.
Items that are damaged when they are delivered, or are missing from a delivery must be reported within 24 hours of receipt, to firstname.lastname@example.org allowing Ginger&Browns Ltd. to raise a complaint with the carrier. Failure to do so will not affect the customer’s statutory guarantee rights.
Ginger&Browns Ltd. cannot be held responsible for any consequences of a delay in receipt of a subscription order.
In order to fulfil customer orders, Ginger&Browns Ltd. needs to pass on the buyer’s delivery address, email address, and if available, a contact phone number to the delivery company authorised for delivering the goods. This forms part of the contract with Ginger&Browns Ltd. The customer does not have the right to object.
In the unlikely event that there was a problem with your order or the goods were damaged on arrival, you must contact us to arrange a replacement or refund at email@example.com within 24 hours of receipt of goods. Goods found to be faulty within 6 months from purchase may also be returned, after this period you must contact the manufacturer. You acknowledge that no pet toys are indestructible, and we cannot accept returns if your pet damages a product. Return postage costs for faulty good are covered by Us.
We research and source goods that we think are good for your pet. It is your responsibility to check each product we ship to you, and if you believe it to be unsafe for your pet you can return it to us for a replacement. We reiterate that we cannot be held responsible if you go ahead with giving your pet an item supplied by or chosen by Ginger&Browns Ltd. Please notify us in writing within 24 hours of receipt of your delivery, return postage cannot be refunded.
If you change your mind
- ·You can return an item purchased from Ginger&Browns Ltd. within 14 days of purchase, provided it has not been used, damaged, altered, and has all its original labels and packaging in-tact.
- Returns can be made in store or by post, but the cost of postage cannot be refunded by Us.
- We cannot accept returns on items that have been used or damaged, unless reported within 24 hours of receipt, and all contents, labels and original packaging must be returned in re-saleable condition.
The goods shall remain the property of Ginger&Browns Ltd. up until payment in full. Prior to the passing of ownership, pledging, ownership transfer by way of security, processing or redesigning are not permitted without approval by Ginger&Browns Ltd.
You may cancel your subscription at any time.
Termination or Refusal by Us
We reserve the right to refuse or cancel subscription orders at our sole discretion. If we do this we will only charge you for orders already shipped to you.
Right of withdrawal
Customers who are consumers have a fourteen-day cancellation right. Contact us at firstname.lastname@example.org if you have further questions
- The withdrawal period will expire after 14 days from the day you register an Account with Ginger&Browns’ Tail Mail service
- To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by email, within the 14 allocated days.
- Although no reason for withdrawal is required, Ginger&Browns Ltd. can improve their service if you give this feedback.
- If the buyer withdraws from this contract, Ginger&Browns Ltd. will reimburse all payments received from the buyer, without undue delay and not later than 14 days from the day on which we are informed about the buyer’s decision to withdraw from the contract. We will carry out the reimbursement through the same means of payment used in the initial transaction.
- We may withhold reimbursement until we have received the goods back or the buyer has supplied evidence of having sent back the goods, whichever is the earliest.
- Goods must be returned un-damaged, with all original labels and packaging in-tact, in re-saleable condition. Failure to return the goods un-damaged will result in no refund being made.
- You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The buyer shall be contacted via email within 48 hours of notice of withdrawal, with arrangement to have the items returned. The buyer must return the order without undue delay and not later than 14 days from the day of this email.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to goods that are:
- not pre-produced, and an individual selection or determination by the consumer is authoritative for their manufacture or goods that are clearly geared towards the consumer's personal requirements; goods that may perish quickly or goods whose sell-by-date would quickly run out,
- that are not suitable for returns for reasons involving health protection or hygiene if their seal has been broken post-delivery,
- that were post-delivery inseparably mixed with other goods.
Offers & Discounts
We may offer new and/or existing customers special offers from time to time. Where we make such offers, Introductory offers are only available to new users. Existing customers who try to gain introductory offers by cancelling and subscribing again, will not have their box delivered until full payment is made. Competitions for a free subscription cannot be entered by existing customers unless explicitly stated. Existing or previous customers will be deemed by a shared email, billing or postal address, or credit or debit card.
Offers are limited to one individual pet unless otherwise explicitly stated.
We may cancel any special offer, introductory offer or discount at any time without notice. We may also remove a discount or offer from any account, for any reason at our sole discretion.
At our sole discretion, we may restrict who may enter into offers, or reject an entry, for any reason.
Account credits, offers and discounts cannot be redeemed for cash.
& Browns Ltd. is committed to protecting your privacy. We will only use
information given at the time of ordering, registering for our Subscription
Service, or when making an enquiry by whatever means is collected lawfully and
in accordance with the Data Protection Act 1998.
We do not pass your personal information on to third parties, except as outlined in the last paragraph in Dispatch & Delivery section, and as necessary to Stripe & Subbly.
- Ginger&Browns Ltd ensures that PCI compliancy is upheld, and uses Subbly to ensure that all payment gateways, and sensitive details in your Log-In area are secure.
If any of the provisions of this agreement shall be found by any court to be invalid or unenforceable such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the validity or enforceability of the other provisions of these Terms and Conditions shall not be affected thereby.
These terms and conditions constitute the entire agreement between you and us in relation to your use of our website, subscription service and trial boxes, and supersede all previous agreements in respect of your use of this website.
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.