CERBERUS ORGANIC DOG FOOD LTD TERMS AND CONDITIONS

The following sections provide a complete breakdown of the Cerberus Organic Dog Food Ltd (“Us”, “We”, “Our”, “Cerberus”) terms and conditions, which define our legal relationship between you and us, from a service related perspective, covering all sales and orders of our product, between you the customer and Cerberus, a company incorporated in England, whose registered office is 3 Vista Place, Ingworth Road, Poole, United Kingdom, BH12 1JY, with our VAT number being 313 5829 09 and company number being 11202741.

  • ACCOUNT REGISTRATION AND MANAGEMENT
  • ELECTRONIC COMMUNICATION
  • SECURITY AND PASSWORDS
  • ORDERS AND SUBSCRIPTIONS (When this functionality is readily available)
  • PRODUCT
  • DELIVERIES AND RETURNS
  • CANCELLATION
  • SUSPENSION
  • TERMINATION OR REFUSAL BY US
  • FORCE MAJEURE
  • LIMITATION OF LIABILITY
  • VALIDITY OF PROVISIONS AND REMEDIES
  • WAIVERS AND BREACH
  • ASSIGNABILITY
  • THIRD PARTY RIGHTS
  • GOVERNING LAW

Our Terms and Conditions must be read in conjunction with our Privacy Policy and website Terms of Use and all of these should be read carefully before utilising our website www.cerberusdogfood.com(“Site”). By using this site, you signify your acceptance of our terms and conditions.

If you do not agree to these Terms and Conditions you should exit the website immediately, do not set up an account, login to and/or enter any information into the Site and do not order any products or services from our Site.

We reserve the right to modify our Terms and Conditions. From time to time we will modify the Terms and Conditions, so it is advisable for you to review them whenever you utilise the Site and make product purchases, as it is your responsibility to do so. If you do not agree with any of the modifications, you must cancel your subscription (when this functionality is readily available). Details of how to cancel can be found below.

ACCOUNT REGISTRATION AND MANAGEMENT

To purchase products and to take part in our consultation, we require you to register with us using the process defined on our Website. Registering with us creates a user account (“User Account”, “Account”, a unique username with associated information) for you and your dog(s). This provides you with access to the areas of the Site where you can add and modify information relating to you and your dog (“logged in Pages”) and means you are able to purchase products from us.

To register with us, you must be 18 years of age or over on the date of registering.

You must ensure that the details you provide us, via the Logged in Pages or any other communication (including email) are accurate and complete.

You must promptly inform us of any changes to the information that you provided us with and you can do this quickly and effectively by accessing the Logged in Pages. This includes your payment details. If we are unable to take payment from your card, we are unable to process your order.

If you require the changes to take effect prior to your next order please contact us as soon as possible and we will try our best to make the amendments.

Accounts are non-transferrable, and you cannot assign, transfer, trade or sell your Account with Cerberus to any other party.

You agree not to impersonate any other person whilst using our website. You also agree not to conduct yourself in an offensive, illegal, immoral or offensive manner whilst using our website.

ELECTRONIC COMMUNICATION

When using our website functions (including the consultation feature where you enter details about your dog), using the Logged in pages or emailing us you are communicating with us electronically. You consent to receive communications from us electronically. All information, disclosures, notices and agreements we communicate to you via email or via the website are considered in writing.

By giving us your email address (by voluntarily creating a user account with us, and / or purchasing products through us) you consent to receiving electronic communication directly from us. This communication can be directly related to your purchase or direct marketing from us.

SECURITY AND PASSWORDS

When you register with us on our Website you will be asked to create a password which is associated with your User Account. It is your responsibility to choose a secure password and keep this safe.

You are responsible for all purchases made on your Cerberus Account.

You are responsible for all actions and changes to your Account in the Logged in Pages of Cerberus (including but not limited to change of dog details, subscriptions (when this functionality is readily available), postal address and delivery instructions).

We have the right to restrict any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.

You must notify us immediately if you suspect or know that anyone has gained unauthorised access to your Cerberus Account.

ORDERS AND SUBSCRIPTIONS

You must have an Account to purchase any products or make any orders with us.

You must also have up to date, accurate and valid card details entered on your User Account.

When you register an account and select a delivery date with Us, you will automatically be subscribed (when this functionality is readily available) to a regular order of products from Cerberus.

Our acceptance of your order will take place when we send you a confirmation email, which, at this, point, a contract will come to exist between you and us.

If at any given time we are unable to accept your order, we will communicate this to you and will not charge you for the product. This could be because the ingredients are out of stock, because of unexpected limits on our resources, which we could not reasonably plan for or because we have identified; a pricing or description error or a delivery deadline issue.

Currently we only sell and deliver to the UK and our website is solely for use in the UK.

When we recommend meals through both the “Advised” and “Build” sections of the website, we provide a specific size of meal for your dog, which is based on criteria specified by you in the Logged in Pages, which from time to time may change. The box side and the composition of the meals will be impacted numerous factors (including, but not limited to gender, breed, age, weight, activity level, pregnancy, health issues, your feedback). It is important for you to keep your Account up to date, to enable us to continue to recommend the correct meal and box size for your dog.

The total price paid by you for a Cerberus product is the price of the specific meal calculated on the day your order is processed, delivery charge, plus VAT where appropriate. This cost breakdown will be displayed on the website prior to you confirming the order. At this point, you can modify your details and the details of your dog prior to progressing with the purchase.

You can manage your future orders with us through your Logged in Pages.

Your subscription (if this functionality is readily available) will remain in place unless cancelled (through your Logged in Pages).

Any changes you make within your Logged in Pages may result in a change in the price of your order, and we will display this price to you once you have submitted these changes.

The charge for the total price will be charged to the payment card we hold on your account for you at the time of the order processing for each specific order.

Your subscription (if this functionality is readily available) to Cerberus will remain in effect until it is cancelled by you and this is done by you notifying us.

If you cancel your Cerberus subscription (if this functionality is readily available) and reactivate at a different time, the product price may be a different price than at the previous time of cancelling.

PRODUCT

The visual images of the products throughout the Site are for illustrative purposes only. In addition, the product packaging may differ from that shown in the images throughout our Site.

Cerberus is a natural, hand-made, organically sourced and sous vide cooked product and for commercial reasons we reserve the right to modify the product without notice and at our discretion. In some cases, we may opt to vary the meals, which could cause an increase or decrease in the overall nutrition and composition levels provided in those products. However, if it is necessary to make significant changes to the product, we will therefore communicate that to you first, to get your consent, before dispatching the items to you.

If you decide to make an amendment to the product you have ordered, please contact us immediately and we will confirm whether it is possible to make the change. If it is possible to make the amendment we will notify you about the resulting change in price, the timing of supply and any other relevant factor that the resultant change has impacted. We will then also ask you to confirm whether you wish to proceed with the order/change.

All our products are freshly made and created on a bespoke basis and the exact weight of each individual item may differ slightly from the weight shown on the packaging.

IMPORTANT – The products we make, and supply may contain allergens. It is critical that you please let us know if your dog has any allergies and we will try to ensure the products you order do not contain any allergens. It is your sole responsibility to ensure that any food you feed your dog does not cause any adverse reaction and we cannot be held responsible for any allergic reaction your dog may have or any adverse consequences resulting from any allergy, which you have not disclosed to us. Any disclosure must be confirmed through the Logged in Pages.

DELIVERIES AND RETURNS

Products ordered from us can be delivered to addresses within the UK. This excludes PO Boxes and BFPO boxes. Products will be delivered via our third-party courier on the agreed  Wednesday or Friday. Proof of delivery is only obtained under some circumstances. Delivery dates for your first delivery are selected by you prior to confirmation of your first order. Future deliveries run on a regular schedule that is visible to you in the logged-in pages for your account. This includes the price of the next order to be shipped out and the delivery dates for that order.

Actual delivery times may vary depending on your location, stock availability, when you finalise your information on the logged in pages, and circumstances impacting delivery out of our control (including public holidays and force majeure scenarios).

You will not hold us responsible for any delays out of our control.

You must report missing or undelivered deliveries by emailing us at info@cerberusdogfood.com

Please make sure that your address, contact information and leave safe information is kept up to date as stated to in the Account Registration and Management section of these Terms & Conditions. Your order and subsequent delivery will be your responsibility from the time we deliver the product to the address you have stated for delivery. You will be notified by our 3rdparty delivery provider of when this will be.

Our product will be delivered frozen to you and below -5 degrees Celsius. If you are dissatisfied with the delivery temperature you must notify us on the delivery day by emailing info@cerberusdogfood.com. We do not accept liability for the management of the product after the delivery has been made to the address given by you.

We reserve the right to freeze the product to manage our inventory levels. You fully acknowledge that the products are perishable and once delivered you must take all steps to ensure that the products are stored within the guidelines of our recommendations. We will not be liable for any products which spoil due to unsatisfactory storage after they have been delivered.

It is important to us that you are satisfied with our products, but, however, if you are not, and wish to return any product, then please adhere to the following steps:

  • Email us at info@cerberusdogfood.com from the email address associated with your user account. Please include details of the product that you wish to return and a reason for the return. Please do this within 7 working days of receiving your product from us.
  • If we require the goods to be returned to us, we will communicate this to you and arrange collection. Please take reasonable care of the goods whilst in your possession prior to any return. We will inspect the goods on arrival.
  • We may request additional information from you regarding your return.
  • If a fault is agreed on our part, and/or refund agreed, we will endeavour to refund you within 7 business days. The refund will cover the cost of the item being returned.

CANCELLATION

You can cancel your subscription (if this functionality is readily available) at any given time, through your Logged in Pages. The estimated shipment date for upcoming orders is visible on your Logged in Pages – see the next deliveries section. Your subscription must be cancelled on or before the last date for changes to your order shown on dashboard. Orders will still be charged and delivered if your notification of cancellation is after your last date for changes for that order.

Unfortunately, as the products we sell are perishable, the statutory right under the Consumer Contracts regulation 2013, to change your mind, does not apply.

SUSPENSION

You can suspend your subscription (if this functionality is readily available) at any given time, via your Logged in Pages. The estimated shipment date for approaching orders is visible on your Logged in Pages – see the next deliveries section.

Your subscription (if this functionality is readily available) or order must be paused before Monday 20:00 immediately prior to your next delivery on the coming Friday delivery run and before Saturday 20:00 immediately prior to the Wednesday delivery run. Orders due to be shipped after Monday 20:00 and Saturday 20:00 immediately prior to your next delivery on the coming Friday or Wednesday delivery run, will still be charged and delivered.

TERMINATION OR REFUSAL BY US

We reserve the right to refuse or cancel subscription (if this functionality is readily available) orders at our sole discretion. If we do this, you will only be charged for orders that have been shipped to you.

FORCE MAJEURE

We will not be deemed to be in breach of contract or of any of these Terms and Conditions, because of any failure to perform our obligations or any delay in our performance, if that failure or delay results from any circumstances beyond our reasonable control.

 

LIMITATION OF LIABILITY

You acknowledge that your use of this site and its content is at your own risk.

You acknowledge that the feeding guides provided by us is intended as a guide only and that it is your responsibility, as a dog owner to monitor your dog’s weight and condition, and to let us know any changes in either weight or condition, as these may impact your bespoke meals for your dog. If you have any concerns about your dog’s weight and condition, please consult your vet.

Except for liability which we cannot limit, restrict or exclude by law, we shall have no liability to you or any third party for any direct, indirect or consequential losses or damages (including loss of profits), or any other damages of any kind whether that were not foreseeable to both you and us at the point of sale or use of our website.

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; or breach of your legal rights in relation to the products.

Customers should be aware that an order from Cerberus can be heavy, and so extra care and diligence should be taken when accepting delivery and unpacking the contents of the order, doing so directly from the box at ground level if required.

Except as expressly stipulated in these Terms and Conditions, our liability under these Terms and Conditions, to you, shall not exceed the purchase price of the products, which are subject of any dispute between you and us.

VALIDITY OF PROVISIONS AND REMEDIES

If any sections of these Terms and Conditions is or becomes invalid or contravenes applicable regulations or authorities or is unlawful, then the remaining provisions will not be affected.

WAIVERS AND BREACH

No waiver by us or breach of these Terms and Conditions shall constitute a waiver of any other form. No failure or delay by us to exercise any remedial action shall constitute a waiver of the right to subsequently exercise that or any other relevant remedy.

ASSIGNABILITY

You are not authorised to assign, sub-licence or transfer any of your rights under these Terms and Conditions.

THIRD PARTY RIGHTS

This contract is between you and Cerberus, with no other person being authorised to have any rights or enforcements of its terms and conditions.

GOVERNING LAW

We will endeavour to resolve any disputes with you as soon as reasonably possible. These Terms and Conditions, the subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

WEBSITE TERMS OF USE

The following sections provide a complete breakdown of the Cerberus Dog Food Ltd (“Us”, “We”, “Our”, “Cerberus”) Website Terms of Use, which define and govern the terms on which you are authorised to utilise the Site and must be read in conjunction with our Privacy Policy (stipulates the terms on how we process any personal data we collect from you). By using our Site, you consent to such processing and you warrant that all the data you have provided is accurate and if you purchase any of our products through the Site, then our Terms and Conditions will apply. Cerberus is a company incorporated in England, whose registered office is 3 Vista Place, Ingworth Road, Poole, United Kingdom, BH12 1JY, with our VAT number being 313 5829 09 and company number being 11202741.

  • CONTACT
  • ACCEPTANCE OF THESE TERMS OF USE
  • COPYRIGHT AND INTELLECTUAL PROPERTY
  • EXTERNAL WEBSITES
  • AMENDMENTS OF THESE TERMS OF USE AND THE SITE
  • NO WARRANTY
  • LINKING
  • CONTENT UPLOADING
  • LIMITATION OF LIABILITY
  • GOVERNING LAW AND JURISDICTION

CONTACT
Please contact us by email on info@cerberusdogfood.com or telephone our customer service team. We will endeavour to respond as soon as reasonably possible.

ACCEPTANCE OF THESE TERMS OF USE
By utilising our Site, you confirm that you accept our/these Terms of Use and that you agree to adhere to them. If on the other hand you do not agree with these terms, then you must immediately stop using the Site.
The Site itself is intended for access in the UK, so any users in a jurisdiction where the Site’s availability is prohibited, must not access the Site.
It is recommended that you print a copy of these Terms of Use for a future point of reference.

COPYRIGHT AND INTELLECTUAL PROPERTY
Our Website and all intellectual property (“IP”) rights in it including but not limited to any content are owned by us all times, unless licensed or borrowed property. Those works are protected by copyright laws, with all such rights being reserved.
This content and IP include any text, image, video, audio, multimedia content, software or other information or material submitted, logos, trademarks, trade names, domain names, database rights patents, design rights, copyright and all other intellectual property rights of any kind derived from the design or function of the Website or any communications.
Through use of our Website, or as a recipient of the communications, you automatically agree to respect these copyright and intellectual property rights.
You may not copy, download, transmit, reproduce, print or reproduce in any means any materials contained within the Website for commercial purposes unless expressly permitted by Cerberus.

EXTERNAL WEBSITES
From time to time this website may include links to external websites (outside of the Site). We do not hold any control over these third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink or general reference to any third-party website does not signify our endorsement of the websites or associated companies, their products or services.

AMENDMENTS OF THESE TERMS OF USE AND THE SITE
From time to time we may amend these Terms and Conditions and it is advised that on every occasion you utilise our Site, you should also review these terms. If at any point we update or modify the Site for product, user needs or business priorities, we will endeavour to provide you with notice of these changes as soon as reasonably possible.

NO WARRANTY
This Website and our communications, and their content, are provided as is and we accept no liability for the content of and functions contained on our Site or in our communications.
We do not provide a guarantee that the Site or any content on it, will be available all the time or be uninterrupted. We may suspend or terminate the operation of our Website if there are necessary business or operational reasons to do so. If this happens we will attempt to provide you with as much notice as reasonably possible of this suspension or withdrawal.
Internet security is very important to us and we try to make sure that the Website is accurate, up-to-date and free from bugs, but we cannot warrant that the Website and its server is free of errors, viruses, worms, Trojan Horses or any other malicious software. We shall not be liable for any damage you may suffer because of such destructive and unintended features.
The content on the Site is provided for general information only and it is not intended to amount to advice on which you should rely upon. You should obtain professional or specialist advice before taking, or refraining from, any action based on the content on the Site.
We will not be deemed to be in breach of contract or of these Terms and Conditions because of any failure to perform our obligations or any delay in our performance if that failure or delay is due to any circumstance beyond our reasonable control.

LINKING
You are authorised to link to our home page, provided you do this in a way that is fair, legal and does not damage our reputation or take advantage of it. Such a link, however, must not be established in a manner to suggest any form of association, approval or endorsement on our part, where none exists. Additionally, you must not establish a link to our Site to any other website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any other part of the Site, other than the home page without out permission and in such an occasion, we reserve the right to request that you remove any links to the Site that you have created.

CONTENT UPLOADING
Any content you upload to our Site will be qualified as non-confidential and non-proprietary. You will retain all your ownership rights in your content, but you are required to grant us a limited licence to use, store, distribute and make available to our third parties. Anything you upload or post on our Site grants us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content worldwide.
We also have the authority to disclose your identity to any third party who is claiming that any content posted or uploaded by you, to the Site, constitutes a violation of their IP rights, or of their right to privacy.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material that is malicious or technologically harmful in nature. You must also not attempt to gain unauthorised access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not attack the Site through a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and we will report such breaches to the relevant law enforcement authorities. In such a situation we are authorised to disclose your identity to the relevant law enforcement authorities and you should also cease to utilise the Site immediately.

LIMITATION OF LIABILITY
You acknowledge that your use of the Site and its content is at your own risk. Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any other third-party for any direct, indirect or consequential damages (inclusive of loss or profits), or any other damages of any kind whatsoever, whether based on warranty, contract, tort (inclusive of negligence) or otherwise.
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; or breach of your legal rights in relation to the products.
Different limitations and exclusions of liability will apply to liability resulting from the supply of any products to you, which is set out in our Terms and Conditions.

GOVERNING LAW AND JURISDICTION
These Terms of Use, the subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.