Terms & Conditions

Terms and Conditions of Supply of Goods

Thanks for visiting www.moleavon.co.uk (the "site"). These terms, together with our Privacy Policy, Terms of Website Use and Cookies Policy set out information about us and the legal terms and conditions ("terms") on which we sell any of the products ("products") listed on the site to you.

Please remember these terms apply to any contract made between us when you purchase products from the site.  So we recommend you read them carefully and make sure you understand them before ordering any products from the site, and print or save a copy.

Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any products from the site.

We may change these terms from time to time which will affect future orders you make, so please check these terms each time you wish to order products, to make sure you understand the terms which will apply at that time.

WHO ARE 'WE'?

The site is run by Mole Avon Trading Limited ("we", "us" and "our" in these terms).

Company name

Registered number

VAT Number

Registered office

Mole Avon Trading Limited

01116775

141 568 569

Mole Avon Centre, Mill Street, Crediton, Devon EX17 1HL

 

Mole Avon is a trade mark of Mole Avon Trading Limited.

Details of how to contact us if you wish to cancel an order or return a product are set out in the How do I cancel my contract? section below.  If you would like to contact us for any other reason, including because you have any complaints, you can contact us by telephoning us on 01363 774 786 or by e-mailing us at web@moleavon.co.uk.

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

USE OF OUR SITE

Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.

HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

OUR PRODUCTS

The images of the products on our site are for illustrative purposes only, and the products delivered to you may vary slightly from descriptions given and images provided.  In particular, all sizes, weights, capacities, dimensions and measurements are provided as indications only, and we cannot guarantee that your computer's display of colours accurately reflect the colour of the products.  The packaging of the products may also vary from that shown on images on the site.

SPECIAL CONDITIONS APPLYING TO ANIMAL MEDICINES

Where a product is classified as a POM-VPS, at the checkout you'll be prompted to complete a POM-VPS Animinal Medicine Questionnaire.  You'll need to send the completed questionnaire to us either by email to web@moleavon.co.uk or by post to Mole Avon Trading Ltd, Westward Business Centre, Mill Street, Crediton, Devon, EX17 1HL, and no orders will be dispatched until we've received it.

Once we receive it, a suitably qualified person will contact you to verify the information you've supplied before your order is dispatched.  Please note that we're legally required to report any suspected fraudulent purchase to the relevant authorities.

PLACING AN ORDER

The site takes you through the steps you need to take to place an order, and will identify any restrictions on delivery, details of the price, and delivery and payment arrangements. Please take care to check details and amend any errors before submitting your order. If a product has age restrictions, please don't order it unless you meet them. 

If you are not a consumer, by placing an order you confirm that you have authority to bind any business on whose behalf you use the site to purchase products.

For our trade account customers, if you wish to use your trade account and associated benefits please use click and collect and pay in-store.  Benefits will not be accessible for orders made and paid for through our site.

Who do I contract with when I place an order?

From a legal point of view your order is deemed to be an offer by you to purchase the products, meaning the contract only becomes binding on you and us if we accept your offer/order as described below. 

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

If you opt for us to deliver your purchases to you, you can pay by debit or credit card using a debit or credit card through our payment facility or by phone quoting your order reference number (see How can I pay? below).  If you do so we'll send you a further email to confirm our acceptance of your order ("order acceptance confirmation"). The contract between us will only be formed when we send you the order acceptance confirmation. Your rights to cancel the contract are described at Can I cancel an order? below. 

If you opt to collect your products from one of our stores, you'll need to pay for them at the till when you collect them.  Here your contract with us will be formed at the till, and your purchase will be treated as a face-to-face transaction.  In this case your rights to cancel the contract will be governed by our in-store returns policy, details of which are available in any of our stores.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We'll not be liable to you or any third party by reason of any such refusal, or by reason of unwinding or suspending a transaction after processing has begun.

Our site contains a large number of products. It's always possible that despite best efforts, some may be incorrectly priced. If an error in pricing is discovered we will contact you to let you know and give you the option of continuing to purchase the product at the correct price or cancelling your order. We'll not process your order until we've heard from you. If we can't contact you using the details you provided within a reasonable period we'll treat your order as cancelled and notify you in writing. Please note if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we don't have to provide the products to you at the incorrect price.

What if the product I've ordered isn't available?

If we can't provide a product (e.g. it's no longer in stock or available or because of an error in the pricing) we'll inform you as soon as we're able to and your order won't be progressed. If you've already paid for the product, you'll be refunded as soon as possible. See our Returns Policy for more information.

Can I cancel an order?

Unless you opt to collect your purchase from one of our stores and to pay at the till when you collect your order (in which case our in-store returns policy will apply, details of which are available from any of our stores), as a consumer you have a legal right to cancel your contract during the following periods:

Your contract is for….

When does the cancellation period end?

Example

….a single product (not delivered in instalments on separate days)

14 days after the day you receive the product

We confirm your order on 1 January. You receive the product on 5 January.  You can cancel your order until the end of the day on 19 January.

….a single product delivered in instalments on separate days

14 days after the day you received the last instalment

We confirm your order on 1 January. You receive the first instalment on 5 January, and the last on 10 January.  You can cancel your order until the end of the day on 24 January.

….multiple products delivered on separate days

14 days after the day you received the last of the separate products

We confirm your order on 1 January. You receive the first of the products on 5 January, and the last on 10 January.  You can cancel your order until the end of the day on 24 January.

….regular delivery of a product over a set period of time

14 days after the day you received the first delivery of the product

We confirm your order on 1 January. You receive the first delivery on 5 January. You can cancel your order until the end of the day on 19 January.  That is the last day of cancellation in respect of all products to arrive under that order.

This means that during the relevant period (as set out above) if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund.

Note that this cancellation right does not apply in the case of (i) medicinal and prescription products; (ii) bespoke or personalised products; (iii) perishable products or those which deteriorate or expire rapidly; (iv) sealed products which aren't suitable for return e.g. due to health protection or hygiene, or items like audio, video or computer software, once they've become unsealed after you receive them; or (v) any products which become mixed inseparably with other items after their delivery. 

If you request the delivery of services from us during your relevant cancellation period, then you: (i) will have no right to cancel your order if we have fully provided the services during the cancellation period; or (ii) will be required to pay for services delivered up until the date of cancellation.

Any product can be returned if it is faulty, of unsatisfactory quality, unfit for its specified purpose or mis-described, but it must be returned within 30 days from when you receive it (except where the product has a shorter lifespan, in which case it must be returned within a reasonable period taking this into account).

What happens if I cancel my contract?

During the cancellation period:

If you cancel your contract, we will refund you the price you paid for the product.  However, please note we are permitted by law to reduce your refund to reflect any reduction in the values of goods, if this has been caused by you handling them in a way which would not be permitted in a shop.

We will refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).

We will make any refunds to the payment method used to purchase the product no later than 14 calendar days after 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.  Or, where you have not received the product, 14 calendar days after you inform us of your decision to cancel the contract.

After the cancellation period

If you return products you've purchased after the periods set out above (with the exception of faulty or damaged goods), we reserve the right not to offer you a full refund.  Refunds granted outside the returns period are at our discretion and would only be as a gesture of goodwill.

Unless the product is faulty or not as described, you will be responsible for the cost of returning the product to us.

If you wish to return a product to us because it is faulty, of unsatisfactory quality, unfit for its specified purpose or mis-described, we will either repair the product (if this is possible), supply a replacement product, or refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

How do I cancel my contract?

If you wish to cancel your order please contact us by completing the form on our website.  A link to this is also contained in the order acceptance confirmation.  If you use this method we will e-mail you to confirm we have received your cancellation. [You can also e-mail us at web@moleavon.co.uk; contact us by telephone on 01363 774 786; or by post to Mole Avon Trading Ltd, Online Returns, Mill Street, Crediton, Devon EX17 1HB. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us].     

How can I pay?

If you would like us to deliver your purchases to you, then they can be paid for using a debit or credit card through our payment facility or by phone quoting your order reference number, which will be provided once you place your order (or any other payment method we make available from time to time). Please note that if you choose to pay by phone, we will not confirm our acceptance of your order until we have received your call to provide payment. Phone payments are available Monday to Friday 9am to 5pm and Saturday 9am to 4pm.

If you opt to collect your purchases from one of our stores, then they can be paid for at the till in store when you collect your order.

Delivery or collection from store

Your basket displays the products you've chosen and the details of the delivery options and estimated charges. Delivery costs vary depending on the delivery method chosen, [and where you're based], and exact delivery costs will be provided once you have selected your delivery option and entered your delivery details.  Delivery times quoted are in working days, and are estimates only.  We will send you an e-mail to let you know that the products have been dispatched.

If you are a consumer, and we do not deliver any products to you within 30 days after the date of the order acceptance confirmation (the "delivery deadline"), then you may cancel your order straight away if: (i) we have refused to deliver the products; (ii) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (iii) you told us before we accepted your order that delivery within the delivery deadline was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so as set out above, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

If you do choose to cancel your order for late delivery, you can do so for just some of the products or all of them, unless splitting them up would significantly reduce their value. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled products and their delivery.

No international delivery

Unfortunately, we do not deliver to all addresses within the UK or to those outside the UK.  You may place an order for products from outside the UK, but this order must be for delivery to an address in mainland UK, or for collection from one of our stores.

QUALITY OF PRODUCTS

If you are a consumer, we are under a legal duty to supply products to you that conform with these terms. You have legal rights in relation to any product supplied that is faulty or not as described.  These rights are not affected by anything in these terms.

Manufacturer guarantees

Some of the products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the products.

If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described.

LIMITATION OF LIABILITY

Our liability if you are a business

We only supply products for internal use by your business, and you agree not to use any product for any resale purposes.

Nothing in these terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (iv) defective products under the Consumer Protection Act 1987.

Except as described above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss.

Except as expressly stated in these terms, our total liability to you in respect of all losses arising under or in connection with these terms and/or the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the relevant product(s).

Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.

The site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

Our liability if you are a consumer

If we and/or a seller fail to comply with these terms or your contract we and/or that seller (as applicable) will only be responsible for loss or damage you suffer that is a foreseeable result of the breach or negligence ('foreseeable' means it was an obvious consequence or was contemplated by the parties to a contract at the time of entering into it)

We only supply the products for domestic and private use. You agree not to use any product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (v) defective products under the Consumer Protection Act 1987.

The site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

LINKS TO AND FROM OUR SITE

We're happy for you to link to the home page of our site provided you stick to these rules: (i) you link in a way that's fair and legal, and don't damage (or try to take advantage) of our reputation; (ii) your link doesn't suggest any form of association between our site and yours, or imply or suggest that we approve or endorse your site or its content; (iii) you don't create a link to our site in any website that you don't own; (iv) you don't frame our site on any other website; and (v) you don't link to any page other than our homepage. We reserve the right to withdraw this linking permission at any time without notice.

We may provide links in the site to third party websites or resources for your information only.  Where you click on them, you'll leave our site.  We have no control over the content of those websites or resources, and don't endorse or make any representations about them.  You're responsible for any use of, and decisions you make in relation to, those sites or resources.

MISCELLANEOUS

Waiver: if at any time we fail to insist that you perform any of your obligations under your contract, or if we don't enforce our rights or remedies against you (or delay doing so) it won't mean we've waived our rights against you and won't mean that you don't have to comply with your obligations. If we do waive your default, we'll only do so in writing and it won't mean that we automatically waive any further or later default by you. 

Severance: each part of these terms and your contract operates separately. If a court or competent authority decides that any part is invalid, unlawful or unenforceable, then the relevant parts will be deemed severed and the remainder will continue in full force and effect.

Entire agreement: these terms together with the documents referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us (whether written or oral) relating to its subject matter. Each of us agrees that none of us will have any: (i) remedies in respect of any statement, representation or warranty (whether made innocently or negligently) that isn't set out in these terms or in any document referred to in them; or (ii) claim for innocent or negligent misrepresentation based upon any statement in these terms or in any document referred to in them.

Events beyond our control: if we are prevented or delayed in carrying out any obligation under these terms or your contract due to 'events beyond our control' (e.g. without limitation, government actions, war or national emergency, terrorist attack, threat of terrorist attack, riot, civil commotion, fire, explosion, acts of God, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the seller's workforce), failure of public or private telecommunications networks, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our performance will be postponed for the period of time that the events continue.

Third Party Rights: nothing in these terms or your contract will be enforceable by a third party (e.g. anyone other than us, a seller or you) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Transfer of rights: we may transfer our rights and obligations under these terms and your contract to another organisation (but this won't affect your rights or our obligations). You may only transfer your rights or obligations to another person if we agree in writing.

Law and jurisdiction: if you are a consumer, the contracts you make when purchasing products through the site will be governed by English Law. You and we agree that the courts of England and Wales will have exclusive jurisdiction.  However, if you're a resident of Northern Ireland you may bring proceedings there, or if you're a resident of Scotland, you may bring proceedings there.  If you are a business, the contracts you make when purchasing products through the site will be governed by English Law, and we both agree to the exclusive jurisdiction of the courts of England and Wales.

Feedback: we're always keen to improve our site and services, so we'd welcome any comments you have. Just drop us a line at web@moleavon.co.uk or get in touch through our Facebook page, Twitter or Google+.

Complaints: we understand things don't always work the way that we want, and we're sorry if at any stage you feel the need to complain about the site. If you have a complaint related to the site, you can contact us by telephoning us on 01363 774 786 or by e-mailing us at web@moleavon.co.uk.