Terms & Conditions

BACKGROUND: 

These Terms and Conditions are the standard terms for the provision of services by Think Dog Academy whose main trading address is 152 Dibdin House, Maida Vale, London W9 1QG.

  1. Definitions and Interpretation 
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Animal”means the dog or puppy belonging to the Owner that is to be the subject of Services
“Booking”means the confirmed order for Services between You and Us; 
“Calendar Day”means any day of the year;
“Month”means a calendar month;
“Price”means the price payable for the Services;
“Services”means the services which are to be provided by Us to You; 
“Site”means Our website thinkdogacademy.com
“Transport”means Our vehicle used to collect and return the Animal to Your specified address;
“We/Us/Our”means Think Dog Academy whose main trading address is 152 Dibdin House, Maida Vale, London W9 1QG.
“You/Your/Owner”means an individual who is Our customer and is the owner of the Animal.

  1. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or text message.

  1. Information About Us
    1. Think Dog Academy whose main trading address is 152 Dibdin House, Maida Vale, London W9 1QG.
    2. You can contact us by email miriam@thinkdogacademy.com or by phone 07946 519449.
  2. The Booking
    1. These Terms and Conditions govern the sale and provision of Services by Us. Please ensure that You have read these Terms and Conditions carefully and if You are unsure about any part, please ask Us for clarification.
    2. We shall ensure that the following information is given or made available to You before the Booking, save for where such information is already apparent from the context of the transaction:
      1. The main characteristics of the Services;
      2. Our identity and contact details (set out above in Clause 2);
      3. The total Price for the Services; 
      4. The arrangements for payment;
      5. The period by which (or within which) We undertake to perform the Services;
      6. Confirmation of collection and return, if applicable, of the Animal using Our Transport;
      7. Arrangements for Your house keys, if applicable; and 
      8. The process for rescheduling and cancelling appointments and the timeframe.
  3. Price and Payment
    1. The Price of the Services will be that shown on Our Site in place at the time of Your Booking.  
    2. Our Prices may change at any time but these changes will not affect Bookings that We have already accepted.
    3. The full Price will be payable advance of the provision of the Services.
    4. We accept card payments using Square.
  4. Providing the Services
    1. As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in Our sector, and in accordance with any information provided by Us about the Services and about Us.
    2. We will begin providing the Services on the date confirmed in Booking.
    3. We will continue providing the Services for the period confirmed in the Booking.
    4. We will make every reasonable effort to complete the Services on time (and in accordance with Your Booking).  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please see Clause 8 for events outside of Our control.
    5. If We require any information or action from You in order to provide the Services, We will inform You of this as soon as is reasonably possible.  
    6. If the information or action required of You under sub-Clause 5.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on Your part, We may charge You a reasonable additional sum for that work.
    7. In certain circumstances, for example where there is a delay in You sending Us information or taking action required under sub-Clause 5.5, We may suspend the Services (and will inform You of that suspension in writing).
    8. In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue.  Unless the issue is an emergency and requires immediate attention We will inform You in advance in writing before suspending the Services.
    9. If You do not pay Us for the Services as required by Clause 5, We may suspend the Services until You have paid all outstanding sums due.  If this happens, We will inform You in writing.

  1. Problems with the Services and Your Legal Rights
    1. We always use reasonable efforts to ensure that Our provision of the Services is trouble-free.  If, however, there is a problem with the Services We request that You inform Us as soon as is reasonably possible (You do not need to contact Us in writing).
    2. We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. 
    3. As a consumer, You have certain legal rights with respect to the purchase of services.  For full details of Your legal rights and guidance on exercising them, it is recommended that You contact Your local Citizens Advice Bureau or Trading Standards Office.  If We do not perform the Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price.  If the Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Services), You have the right to a reduction in price.  If for any reason We are required to repeat the Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where You have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method.  In addition to Your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.

  1. Our Liability
    1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Booking is created.  We will not be responsible for any loss or damage that is not foreseeable.
    2. We provide Services for private purposes.  We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind.
    3. If We are providing Services in Your property and We cause any damage, We will make good that damage at no additional cost to You.  We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Services.
    4. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    5. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
    6. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.  For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

  1. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      1. We will inform You as soon as is reasonably possible;
      2. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
      3. We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
      4. If an event outside of Our control occurs and You wish to cancel the Booking, You may do so in accordance with Your right to Cancel under sub-Clause 9.2.3.  Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of Your cancellation notice;
      5. If the event outside of Our control continues for more than 4 weeks, We will cancel the Booking in accordance with Our right to cancel under sub-Clause 9.3 and inform You of the cancellation.  Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

  1. Cancellation
    1. If You wish to cancel Your Booking for the Services before the Services begin, You must contact Us in writing 7 days prior to the start of the Services. If you fail to do so, We will not reschedule the service booked.
    2. We do not offer refunds to any service booked or have previously provided.
    3. If any of the following occur, You may cancel the Services and the Booking immediately by giving Us written notice.  If We have provided Services that You have not yet paid for, We will invoice You for those sums and You will be required to make payment in accordance with Clause 4.  If You cancel because of Our breach under sub-Clause 9.3.1, You will not be required to make any payments to Us.  
      1. We have breached the Booking in any material way and have failed to remedy that breach within 1 Month of You asking Us to do so in writing; or
      2. We enter into liquidation or have an administrator or receiver appointed over Our assets; or
      3. We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or
      4. We change these Terms and Conditions to Your material disadvantage.
    4. If any of the following occur, We may cancel the Services and the Booking immediately by giving You written notice.  If You have made any payment to Us for any Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.  If We have provided Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 4.  
      1. You fail to make a payment on time as required under Clause 4; or
      2. You have breached the Booking in any material way and have failed to remedy that breach; or
      3. We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 8.2.5).
    5. For the purposes of this Clause 9 (and in particular, sub-Clauses 9.2.1 and 9.3.2) a breach of the Booking will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party.  In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
  2. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
    2. If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Booking, or the Services, please contact Us by email to miriam@thinkdogacademy.com.
  3. How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy Notice available from Our Site or by request to miriam@thinkdogacademy.com.

  1. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Booking, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs You will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Booking, as applicable) without Our express written permission.
    3. The Booking is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

  1. Governing Law and Jurisdiction
    1. These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. 
    2. As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence.  Nothing in Sub-Clause 13.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.