TERMS AND CONDITIONS OF SUPPLY RELATING TO EACH CONTRACT
Please read these Terms carefully, as they set out some of our and your legal rights and obligations in relation to the Products that we sell.
1. Definitions and interpretation
1.1. In these Terms:
  • (a) “Authorised Partner Addendum” means the agreement between the parties governing the Customer’s authorisation to sell the Products, which may be an Authorised Distributor Addendum or Authorised Reseller Addendum (as applicable);
  • (b) “Contract” means a contract between the parties for the sale and supply of Products entered into in accordance with Clause 2;
  • (c)“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
  • (d) “Prices” means the Supplier's standard list prices for the Products as sent by the Supplier to the Customer from time to time;
  • (e) “Products” means the products which may be or are purchased by the Customer from the Supplier under these Terms (details of which are set out in the supplier pricelist and catalogue);
  • (f) “Supplier” means KONG Company Limited, a limited company incorporated in England and Wales;
  • (g) “Terms” means these terms and conditions of supply.
1.2. Other defined terms used in these Terms shall have the meanings as set forth in the Cover Sheet or the Authorised Partner Addendum as agreed between the Parties.
1.3. The ejusdem generis rule is not intended to be used in the interpretation of these Terms; it follows that a general concept or category utilised in these Terms will not be limited by any specific examples or instances utilised in relation to such a concept or category
2. Contracts
2.1. Each order for Products given by the Customer to the Supplier will be deemed to be an offer by the Customer to purchase Products from the Supplier subject to these Terms.
2.2. In order for a Contract to come into force:
  • (a) the Customer must submit an order to the Supplier and must give to the Supplier its express written acceptance of these Terms; and
  • (b) upon acceptance of the order from the Customer by the Supplier a Contract will come in to force between the parties.
2.3. The Supplier reserves t/he right not to accept an order or deliver any Products which are short of stock and requests that the Customer reorders when available.
3. Delivery
3.1. Unless otherwise agreed in writing:
  • (a) all Products will be delivered by the Supplier to the Customer's premises;
  • (b) the Supplier will be responsible for arranging loading, carriage, transport, unloading and insurance for the Products and for clearing the Products for export and import (except that, for the avoidance of doubt, the Customer shall be liable for any export, import, and other taxes or other duties in accordance with Clause 6.3);
  • (c) the Supplier will be responsible for paying all costs relating to loading, carriage, transport, unloading, insurance, export and import of the Products;
  • (d) and risk in the Products will pass from the Supplier to the Customer when the Products are delivered to the Customer.
3.2. If the parties agree that delivery of the Products under a Contract will be by instalments, each instalment will constitute part of a single Contract, and not separate Contracts.
3.3. Any date or dates for the delivery of the Products agreed by the parties as part of a Contract will not be of the essence of the Contract.
4. Title
4.1. Legal and equitable title to the Products will pass from the Supplier to the Customer upon the later of:
  • (a) delivery of the Products; and
  • (b) receipt by the Supplier of all amounts due from the Customer to the Supplier under any and all Contracts.
4.2. Until title to the Products has passed to the Customer:
  • (a) the Customer will hold the Products as fiduciary agent and bailee of the Supplier; and
  • (b) the Customer will: (i) store the Products in a secure, safe, dry and clean environment separately from other products and goods; (ii) ensure that the Products are easily identifiable as belonging to the Supplier; (iii) not deface, destroy, alter or obscure any identifying mark on the Products or their packaging; (iv) ensure that no charge, lien or other encumbrance is created over the Products; and (v) deliver up the Products to the Supplier upon demand.
4.3. In the event of insolvency of the Customer, the title of all Products (up to the value of the debt) will remain with the Supplier. The Supplier shall be entitled without further notice to inspect or recover possession of any Products to which it retains title; and the Customer grants to the Supplier and its employees and agents an irrevocable licence to enter at any time any premises where the Products are or may be situated for the purpose of inspecting or removing any such Products the title in which has remained with the Supplier.
4.4. The Supplier may bring an action for the Prices of Products, and any other amounts due under any Contract, notwithstanding that title to the Products has not passed to Customer. In the event of insolvency of the Customer, the Supplier will send copies of the unpaid invoices to the official receiver. These invoices do not have to correlate to the goods held at the Customer’s warehouse (see clause 4.3). All stock held at the Customer’s warehouse is considered to be the latest invoice stock (up to the value of the debt).
5.Customer’s obligations
5.1. The Customer will not without the Supplier's prior written consent make or give any promises, representations, warranties or guarantees:
  • (a) on behalf of the Supplier; or
  • (b) in relation to the Products.
5.2. Without prejudice to the Supplier's obligations, the Customer must comply with all applicable laws, rules and regulations relating to, and must obtain all licences, permits and approvals required in relation to:
  • (a) the marketing, promotion and advertising of the Products; and
  • (b) import, export, distribution, sale, supply and delivery of the Products.
5.3. Without limiting the generality of Clause 5.2, the Customer shall at all times:
  • (a) be in compliance with all applicable privacy, accessibility, and data security laws, regulations, and industry standards, including, but not limited to, the General Data Protection Regulation;
  • (b) maintain detailed privacy policies and be in compliance with its privacy policies and the requirements of any contract to which the Customer is a party; and
  • (c) have implemented and maintain written information security guidelines, which include physical, administrative and technological controls designed to prevent the unauthorised access to, disclosure, destruction, or loss of personally identifying information.
6. Warranties
  • (a)the Supplier has (or will have at the relevant time) the right to sell the Products;
  • (b) the Products are free from any charge or encumbrance, subject to Clause 4;
  • (c) the Customer shall enjoy quiet possession of the Products, subject to the rights referred to in Clause 6.1(b);
  • (d) the Products correspond to any description of the Products supplied by the Supplier to the Customer;
  • (e) the Products are of satisfactory quality;
  • (f) the Products are fit for any purpose expressly or impliedly made known by the Customer to the Supplier before the relevant Contract is made;
  • (g) the Products correspond to any sample of the Products supplied by the Supplier to the Customer, and will be free from any defect making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample;
  • (h) the Products will comply with all laws, rules, regulations applicable to the marketing and sale of the Products in United Kingdom; and
  • (i) the Products will bear all mandatory marks and signs associated with the laws, rules, regulations and standards referred to in Clause 6.1(h).
  • (j) All of the parties' warranties, liabilities and obligations in respect of the subject matter of each Contract are expressly contained in these Terms, elsewhere in the relevant Contract, the Cover Sheet and the Authorised Partner Addendum. Subject to Clause 9.1 and to the maximum extent permitted by applicable law, no other terms concerning the subject matter of a Contract will be implied into that Contract or any related contract.
7. Registration; Account Security.
In order to use some aspects of the Rover Service , you will be required to create a username, password, and user profile. If you elect to use the Rover Service , you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Rover suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Rover Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
8. Privacy
Our collection and use of your personal information on the Rover Service is described in our Privacy Statement. By accessing or using the Rover Service, you acknowledge that you have read and understand the Privacy Statement.
9. Cancellations & Refunds
  • Reservation Protection. As more fully described on Rover’s Reservation Protection page, Rover can help you find replacement Service Providers when Service Providers cancel Bookings near the start date of the service period identified in the Booking. The availability of the Reservation Protection depends on the timing of the cancellation and the type of Pet Care Services provided; consult the Reservation Protection page for details.
  • Cancellations by Service Provider. If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Pet Owner for Pet Care Services not provided, as well as any service charge paid to Rover. If you are a Service Provider, you can appoint a substitute Service Provider (as agreed by the Pet Owner and so long as the substitute has an active account on the Rover Service and has agreed in writing to accept a Booking) by contacting Rover to modify the Booking. If you do not find a substitute and repeatedly cancel accepted Bookings without justification, Rover may terminate your account.
  • Cancellations by Pet Owner. If a Pet Owner cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy selected by the Rover Service Provider on the Rover Service. All Service Providers are required to select a cancellation policy prior to completing a Booking so that Pet Owners are aware of the cancellation policy prior to Booking. For more information about cancellation policies, please visit the Help Center.
  • Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or Pet Owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases Rover may, in its reasonable discretion, issue refunds under terms that vary from a Service Provider’s selected cancellation policy.
  • Refunds for Failure to Perform. If we determine in our reasonable discretion that a Service Provider has failed to provide Pet Care Services as agreed with the Pet Owner or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Pet Owner.
  • General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the Rover Service to do so. For purposes of the policies and terms, the date of cancellation is the date that a user cancels through the Rover Service, regardless of any separate communications between users outside of the Rover Service.
  • Payment Disputes; Payment Outside of the Rover Service.Rover initiates payments to Service Providers 48 hours after completion of a Booking. Once these amounts have been disbursed, any further payment disputes are between the Pet Owner and Service Provider, and Rover has no obligation to mediate or facilitate any resolution. Further, Rover has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Rover Service.