BUTTERNUT BOX TERMS AND CONDITIONS
1. These Terms
1.1 What these Terms cover. These are the Terms on which we supply products to you through the Site or via telephone and which govern how you use the Site and how we may interact with you including through live chat, social media or email.
1.2 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
1.3 If you don’t agree. If you do not agree to these Terms, please do not use our Site, set up an Account, or enter information into the functional areas of the Site or order any products from us. Please note that, if you wish to order products from our Site, you must accept these Terms.
1.4 Other important information. These Terms refer to the following additional terms, which also apply to your use of our Site:
1.5 Changes to these Terms. We amend these Terms from time to time. Every time you wish to use our Site or purchase products from us, please check these Terms to ensure you understand the Terms that apply at that time. If you have started a subscription with us, and you do not agree to any subsequent changes to these Terms, you must cancel your subscription. Details on how to cancel are set out below.
1.6 Changes to the Site. We may make changes to the Site to reflect, amongst other things, our business priorities. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any major changes or any suspension or withdrawal.
2. About Us
2.1 Who we are. www.butternutbox.com is a website (the “Site”) operated by Dogmates Ltd (“we”, “us”) a company registered in England and Wales under company number 9328607 and with its registered office at 9th Floor 107 Cheapside, London, EC2V 6DN. Our VAT number is 211467045. Sales in the Republic of Ireland and Northern Ireland are made through Dogmates Ltd's subsidiary Dogmates (Ireland) Ltd, a company registered in the Republic of Ireland under company number 698475 and with its registered office at Suite 4.01, Ormond Building, 31-36 Ormond Quay Upper, Arran Quay, Dublin, D07 F6DC. Sales in the Netherlands and Belgium are made through Dogmates (Netherlands) BV, a company registered in the Netherlands with company number 84136723 and with its registered office at Herikerbergweg 88, 1101Cm Amsterdam.
2.2 How to contact us. If you are in the UK, you may contact us by writing to us at firstname.lastname@example.org, by calling us on (+44) 020 3936 4888 or by contacting through the live chat or form submission through the Site. If you are in the Republic of Ireland, you may write to us at email@example.com, by calling us on (+353) 76 888 6265 or by contacting us through the live chat or form submission through the Site. If you are in the Netherlands, you may write to us at firstname.lastname@example.org or by contacting us through the live chat or form submission through the Site. If you are in Belgium, you may write to us at email@example.com or by contacting us through the live chat or form submission through the Site.
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order or by calling the number you have provided as part of your Account details.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
3. Your Account
3.1 Registering with us. In order to purchase any products and to take part in our consultation, you will need to register with us using the process set out on the Site. By registering with us, you will create a user account (your “Account”) and a unique username with associated information for you and your pet(s). This gives you access to the functional areas of the Site where you can edit information and add information relating to you and your pet (the “Logged in Pages”), and means you are able to purchase products from us.
3.2 Your Account details. You must ensure the details of your Account including your username, password or any other piece of information as part of our security procedures, are kept confidential and secure. You must not disclose it to any third party. You must also ensure that any details you provide to us in connection with your Account are complete and accurate as this may affect our ability to provide our products to you.
3.3 Disabling your Account. We have the right to disable 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.
3.4 Unauthorised access. All Accounts are non-transferable and you cannot assign or transfer your Account to someone else. If you are in the United Kingdom and if you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing us at firstname.lastname@example.org, by calling us on (+44) 020 3936 4888 or by contacting us through the Site via the live chat function or the submission of an online form. If you are in the Republic of Ireland and if you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing at email@example.com, by calling us on (+353) 76 888 6265 or by contacting us through the live chat or form submission through the Site. If you are in the Netherlands and if you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing at firstname.lastname@example.org or by contacting us through the live chat or form submission through the Site. If you are in Belgium, and if you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing at email@example.com or by contacting us through the live chat or form submission through the Site.
3.5 Changes to your Account. You are responsible for all actions and changes to your Account in the Logged In Pages of the Site (including but not limited to change of pet details, subscription plan, postal address and delivery instructions).
3.6 You must be over 18. Our Site is only intended for users over the age of 18. By registering an Account with us, you are confirming that you are at least 18 years of age.
4. Orders and Subscriptions
4.1 Our subscription service. When you sign up to one of our plans, you will be subscribed to a regular order of products from us. These products will be provided to you at the intervals set out on the subscription page in accordance with these Terms.
4.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.3 Valid payment details. In order to purchase products from the Site, you must have correct, accurate and valid payment card details entered on your User Account.
4.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and may not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product.
4.5 Changes to your details. You must promptly inform us of any changes to the information that you provided us with including your payment details which may affect your order. You can do this quickly and easily by accessing the Logged in Pages. If we are unable to take payment from your card, we may still send an order you place with us and will require payment from you after this has been sent. We also reserve the right not to process your order.
4.6 Deadline for changes for subscription products. In relation to our subscription products, if you require the changes to take effect prior to your next delivery you must do this within your online Account prior to the cut-off date and time. This cut-off as standard is 11:00pm two days prior to your delivery date. We reserve the right to change the cut-off date and time and will notify you of this change. You will be unable to make a change to your order after this cut-off time, including but not limited to cancellation, address changes, payment details and box contents. You will be charged for any delivery which is active at the time of cut-off.
4.7 Orders and box sizes. When we recommend a certain type of meal size for your pet, based on criteria specified by you in the Logged In Pages, this will determine the size of the box in which it is delivered. Please note, our recommendation and the box size may be subject to changes over time. Specific factors that will influence the box size recommendation including, but are not limited to, the age, breed, activity level, weight, body condition of the pet, the time period covered, data and feedback provided by you through your Account. You must keep your Account up-to-date in order for us to continue to be able to recommend a specific box size for your pet.
4.8 Prices. The total price paid by you for your product is the price of the specific box calculated on the day your order is processed, plus VAT where appropriate. This cost breakdown will be displayed on the Site prior to you confirming the order. At this point, you can modify your details and the details of your pet prior to completing the purchase.
4.9 Paying for your order.
(a) The charge for the total price will be charged to the payment method or card we hold on your Account for you at the cut off time for each specific order.
(b) It is your responsibility to ensure that your payment method details are valid and current.
(c) If you choose iDeal, Bancontact and SEPA as your payment method, you authorise Stripe and Dogmates (Netherlands) BV and/or Dogmates Ltd to send SEPA Direct Debit standing orders to your bank. It is your responsibility to ensure that you have sufficient finds in your bank account at the time of payment.
(d) If your payment order cannot be executed due to insufficient funds, incorrect or outdates payment details and/or other disputes, the orders can still be delivered. In such cases, Butternut Box will attempt to charge you for the payment again. We reserve the right to recover the outstanding amount by charging the failed payment again via the specified payment method or via any additional payment methods you have in your Account.
(e) If the attempts to repay the payment are unsuccessful, we reserve the right to recover the debt by other means, either directly or through a third party. We reserve the right to suspend or cancel future orders while the payments remain due. If you fail to pay the amounts due on time, we reserve the right to charge additional fines per reminder. The management and follow-up of late payments for customers in the Netherlands and Belgium will be transferred to a debt collection agency, the costs of which may be passed on to you.
(f) Butternut Box is entitled to pause the execution or the agreement, including the delivery of orders, if and as long as you as a customer have not fully met your payment obligations.
4.10 Your Logged In Pages. You can manage your future orders with us through your Logged In Pages. Any changes you make through the Logged In Pages may change the price of your order, and we will display this price to you once you have submitted these changes.
4.11 Cancelling your subscription. Your subscription will remain in place unless cancelled. You can access this through your Logged In Pages. If you cancel your Butternut Box and reactivate at a different time the price may be a different price than the price in effect for the plan at the time of cancelling your original Account.
4.12 Non subscription products. We make some products available on the Site for you to purchase either together with or without a subscription. These products are sold on the same basis as our subscription products and are subject to these Terms.
4.13 We sell to the United Kingdom (including Northern Ireland), the Republic of Ireland, Belgium (Flanders and Brussels only) and the Netherlands. There may be a delivery fee applicable depending on your location.
5. Our products
5.1 Products may vary slightly from their pictures. The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our Site. Furthermore, all of our products are made like you would at home and the exact weight of each individual item may vary slightly from the weight shown on the packaging.
5.3 Our ingredients. We use natural ingredients to create our food products and we hope you will be happy with them. These ingredients or the methods we use to make the products may change from time to time due to business or operational reasons and as we reserve the right to make minor changes to the product without notice and at our sole discretion.
5.4 The contents of your subscription box. In order to work out what proportions of ingredients to use in the products in your subscription box, we will look at the details you have given us and create a product for you. These proportions or the ingredients themselves may therefore change to reflect changes in our approach to the products and the wellbeing of your pet. We may for example from time to time, vary the specific items in a box to increase or decrease the number of beef, chicken, turkey or lamb dishes dispatched to you as we may determine. In some cases, we may substitute different cuts of meat of the same protein which could cause an increase or decrease in the overall protein levels provided for in those products. However, if it is necessary to make any major changes to the product we will inform you of this.
5.5 Allergen advice. Please note: The products we supply may contain allergens. Please let us know by writing to us if your pet has any allergies and we will try to ensure the products you order do not contain any relevant ingredients. It is your responsibility to ensure that any food you feed to your pet does not cause an adverse reaction and we cannot be held responsible for any allergic reaction your pet may have or any adverse consequences resulting from an allergy which you have not disclosed to us.
6. Your rights to make changes If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. Our rights to make changes
7.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements which impact either the pet food market or the natural products markets in the UK or other relevant countries.
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product but we will advise you if there is likely to be any significant difference in the product.
8. Providing the products
8.1 Delivery costs. The costs of delivery will be as displayed to you on our Site.
8.2 How we will deliver your order. During the order process we will let you know when we will provide the products to you. Products ordered from us can be delivered to addresses within the UK (including Northern Ireland), the Republic of Ireland, Belgium (Flanders and Brussels only) and the Netherlands. This excludes PO Boxes and BFPO addresses. Products will be delivered via our delivery partner and because of limitations on their ability to deliver on a next-day basis, some postcodes in the UK, Republic of Ireland and the Netherlands are also excluded. Proof of delivery is only obtained under some circumstances. Please note, we may refuse to deliver to a particular location however we will tell you when you apply to register an Account with us whether we can deliver to your address.
8.3 When we will deliver your order. For subscription products, you can select the delivery dates for your first delivery at the time you place your order or through the Logged-in Pages. Future deliveries run on a regular schedule that you can see in the Logged-in Pages for your Account. This includes the price of the next order to be shipped and the delivery dates for this. Please note, actual delivery times may vary depending on your location, our stock availability and when you finalise your information on the Logged in Pages. For non-subscription products, we will provide an estimated delivery date when you place your order but will do our best to update you in the event that this is likely to change.
8.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.5 If we are unable to deliver the product. If no one is available at your address to take delivery, the product will be left, where practical, in your specified safe place. If no safe place is recorded on your Account, the delivery will be left at your address in the most suitable location. We are unable to arrange a re-delivery, or change the location of the delivery of the product once it is in transit.
If you are a customer in the Netherlands and not at home to receive your delivery, PostNL can drop your delivery at a "PostNL point" near you. At that point there will not be active cooling of the box and the box will unfreeze, which can influence the shelf life of the meals. It is your responsibility to be at home to receive the delivery, or pick-up the parcel as soon as possible, so that the meals stay in good condition.
8.6 If you do not re-arrange delivery. If you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
8.7 Missing deliveries. If you are in the UK, you must report missing or undelivered deliveries by emailing us at firstname.lastname@example.org, by calling us on (+44) 020 3936 4888 or by contacting us through the Site via the live chat function or the submission of an online form. If you are in the Republic of Ireland, you must report missing or undelivered deliveries by emailing us at email@example.com, by calling us on (+353) 76 888 6265 or by contacting us through the live chat or form submission through the Site. If you are in the Netherlands, you must report missing or undelivered deliveries by emailing us at firstname.lastname@example.org or by contacting us through the live chat or form submission through the Site. If you are in Belgium, you must report missing or undelivered deliveries by emailing us at email@example.com or by contacting us through the live chat or form submission through the Site.
8.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us You will be notified by our delivery partner of when this is.
8.9 When you own goods. You own a product which is goods once we have received payment in full.
8.10 Storing the products. Before we deliver our food items to you, they will have been stored at below 0 degrees Celsius, although they may be delivered at a different temperature. You must store these products as specified on the packaging. If you are in the UK and if you are ever unhappy with the quality of the product, you must notify us on the day of delivery by emailing firstname.lastname@example.org, by calling us on (+44) 020 3936 4888 or by contacting us through the Site via the live chat function or the submission of an online form. If you are in the Republic of Ireland and if you are ever unhappy with the quality of the product, you must notify us on the day of delivery by emailing us at email@example.com, by calling us on (+353) 76 888 6265 or by contacting us through the live chat or form submission through the Site. If you are in the Netherlands and if you are ever unhappy with the quality of the product, you must notify us on the day of delivery by emailing us at firstname.lastname@example.org or by contacting us through the live chat or form submission through the Site. If you are in Belgium, and if you are ever unhappy with the quality of the product, you must notify us on the day of delivery by emailing us at email@example.com or by contacting us through the live chat or form submission through the Site. We accept no liability for the management of the product after the delivery has been made to the address given by you.
8.11 Life of the products. All of our food products are perishable and once delivered you must take all steps necessary to ensure that the products are stored according to our recommendations.
8.12 What will happen if you do not give required information to us. We need certain information from you so that we can supply the products to you, for example, the details of your pet or your delivery information. If you do not give us this information, we may not be able to deliver your products.
8.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 7).
8.14 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8.15 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend your Account and the future supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended.
9.1 Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11; (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2; (c) If you have just changed your mind about the product, see clause 9.3.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
9.3 Changing your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, because the products we sell are perishable items, these rights, under the Consumer Contracts Regulations 2013 and Article 6:230p of the Dutch Civil Code, do not apply to an order you place with us and you will not be able to return any products you have paid for and received unless there is something wrong with them, as set out in clause 11 below.
9.4 Pausing or Cancelling your subscription. You can pause or cancel your subscription at any time, through your Logged in Pages. The estimated shipment date for upcoming orders is visible on your logged in pages in the ‘Next Deliveries’ section.
9.5 When your change is effective. If you require any pause, cancellation or other changes to take effect prior to your next delivery you must do this through your Account prior to the cut-off date and time as set out in clause 4.6.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, details of your pet, confirmation of your Account details or your delivery address; or
(b) you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 Problems with the product. We want you to be satisfied with the products you receive from us. If you propose to end the contract because you are not satisfied, please follow the steps outlined below:
(a) Email us from the email address associated with your user Account. Please include details of the product that you are not happy with and the reason for this. Please do this within 7 working days of receiving your product from us.
(b) We may request further information from you regarding your complaint.
(c) If a fault is agreed on our part, and/or a refund, credit or discount is agreed, we will endeavour to refund you within 7 business days.
(d) We reserve the right not to refund, credit or discount your Account if we believe the product to have been sent in a saleable and suitable condition and that you were supplied with product you ordered from us.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these Terms will affect your legal rights.
SUMMARY OF YOUR KEY LEGAL RIGHTS This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 9.3. Similar consumer rights are applicable in the EU as per the Consumer Rights Directive and more specifically in the Netherlands as per Book 7 of the Dutch Civil Code and as per the Belgian Code of Economic Law.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13. Offers and Discounts
13.1 New Customers. 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 of the Site. Previously registered users do not qualify for an additional offer, unless expressly stated. “Previously registered users” refers to any combination of: a user with an Account at Butternut Box, a credit or debit card, a credit or debit card holder, a delivery address, a cardholder address, or a household, who has previously made use of the our service.
13.2 Limitations on offers. Please note the following in relation to any offers we make:
(a) All offers are limited to one individual subscription, unless otherwise explicitly stated;
(b) We may cancel any special offer, introductory offer or discount at any time without notice;
(c) At our sole discretion, we may restrict who may enter into offers for any reason;
(d) Promotional offers and discounts are available for limited time periods only;
(e) Account credits and offers cannot be redeemed for cash.
13.3 Refer a friend scheme. The Refer a friend scheme allows existing Butternut Box customers to share unique codes with their friends to enable them to claim a discount on their first Butternut Box. Discounts can only be used by new customers who have not previously had a Butternut Box Account or delivery.
As a Butternut Box customer you can refer multiple friends, and claim a maximum of £250 (in the United Kingdom) or €250 (in the Republic of Ireland, the Netherlands and Belgium) credit each calendar year, excluding explicit campaign periods. Beyond this point you can continue to refer friends, however you will not receive any further credit.
A ‘successful’ referral occurs when your friend signs up to Butternut Box using your unique referral code and has their first box delivered. Where you receive a referral code as part of this scheme, you agree that you will not share this code with any other person including, but not limited to, posting the code on any website or social media platform, sending the code through a private messaging service and ads referring to the trademark for competitive purposes. We reserve the right to withdraw participation in the scheme for any user who breaches these Terms.
13.4 Misuse of offers. We reserve the right to put any user Account(s) or pet profile(s) on hold and prevent outgoing deliveries, and/or remove any offer from any user Account(s) where we become aware of or detect any abuse or unfair treatment of the Butternut Box gifting scheme, referral code(s) and associated Reward(s).
13.5 You must have a valid Account. We require you to sign up with a user Account at Butternut Box in order to redeem any offer. This process is detailed in the ‘Registration and Accounts Management’ section of the Site, and specifically this registration process includes you registering a valid credit or debit card, this includes registering with free and discounted offers.
13.6 Other offers. Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
13.7 Redemption of offers. Purchase of our products is only via our Site, and requires a registered Account with valid payment and delivery details to redeem a free or discounted offer, or to redeem an Account credit.
13.8 Using our offers. After any discounted offer you will be charged the full price for subsequent orders until such time as another applicable and valid discounted offer is applied, or you cancel active subscriptions and orders with us.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 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; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987 or section 6.3.3. of the Dutch Civil Code for product liability.
14.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. Our Liability
15.1 Our recommendations. You acknowledge that the feeding guides and box recommendations provided by us are intended as a guide only. It is your responsibility as a pet owner to monitor your pet's weight and condition, and to let us know any changes in either weight or condition as these may impact your tailor-made feeding plan. If you have any concerns about your pet's weight and condition, please consult your vet. Any advice given by any Butternut Box team member, including our in house Veterinarians or Veterinary Nurses, is general in nature, and not specific to your pet and we always recommend to speak to your local vet who knows your pet's medical history and can examine them in person.
15.2 No medical advice. Nothing on our Site or communicated to you by us or any of our representatives, including advice from our in-house Veterinarians or Veterinary Nurses is intended to be, nor should be, taken as medical advice. Please consult your vet if you have any concerns over the health of your pet.
15.3 Handling your products. Customers should be aware that an order from Butternut Box can be heavy, and so extra care should be taken when accepting delivery and unpacking the contents of the order, doing so directly from the box at ground level if required.
16. How we may use your personal information
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.
With respect to customers in the Netherlands, these Terms are governed by Dutch law and you can bring legal proceedings in respect of the products in the Dutch courts.
Updated September 2022