Terms & Conditions
Thanks for visiting us at Yappy.com. We’ll always do everything we can to make sure you have a brilliant shopping experience, and that your furry friend enjoys whatever you’ve purchased from us.
Now for the small print….
1. Introduction
These terms and conditions (the "Terms") set out your rights and obligations, and those of Yappy Ltd ("we" or "us"), in relation to this website, www.yappy.com (the "Website") and any products or services of any kind available through the Site or us (the "Services").
We are a company registered in England and Wales under registration number 10655885 under the name Yappy Ltd; the address of our registered office is Yappy Ltd, 4 Ledson Road, Wythenshawe, Manchester, M23 9GP.
When we refer to "Yappy.com" in these Terms, we mean us, the Site and/or the Services, according to the context.
By registering with Yappy.com, you accept that you are entering into a contract with us under these Terms. People who register with Yappy.com establish an "Account” and become "Users". Visitors to Yappy.com who do not register with Yappy.com, but who nevertheless use the Site, affirm that they are bound by these Terms each time they access Yappy.com.
If you do not agree to these Terms, you must not use this Website.
You should be aware that these Terms may change from time to time in accordance with section 10 below.
You will be able to access most areas of Yappy.com without registering your details with us. Other areas, and the opportunity to place orders with us, are only available to you if you register.
2. Trading details
Whenever you buy a product through this Website, you will be contracting with Yappy Limited, a limited liability company incorporated in England and Wales under company number 10655885.
Registered office: Yappy Ltd, 4 Ledson Road, Wythenshawe, Manchester, M23 9GP
Registered in all States for which we have reached economic nexus. Please contact us if you need further information on these states.
3. Ordering from us
3.1. Product description
We use reasonable endeavors to make sure that every product on Yappy.com is shown accurately and that prices are correct. However, occasionally there may be small variations in color, typefaces and layout.
3.2. Placing your order
A contract for the purchase of a product is created as follows:
The User places the order on the Site by pressing an order confirmation button ("Checkout") at the end of the checkout process. By confirming your order, you are agreeing to purchase the product you have selected. At this point, we take payment for your order by means of your nominated payment method. We will send you a "Thank you for your order" email detailing your order, and other information we must provide to you.
From time to time, we may reject an order for the following reasons:
• If, unfortunately, we do not have your chosen product in stock
• Where we cannot obtain authorization for your payment
• If there has been a relevant pricing or product description error
• If your order otherwise breaches any of the requirements of these terms
• We suspect that the order has been placed fraudulently
• It appears that the order mistakenly duplicates another order
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
There are limited circumstances in which you may cancel an order after it has been made – see section 6 on this.
Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.
3.4. Ordering multiple products
Orders containing multiple products are typically dispatched separately and will, therefore, arrive separately. When ordering multiple products as part of the same order, Yappy.com will inform you as to whether they will (or can) be dispatched on the same day or as part of the same delivery.
3.5. Payment
At Yappy.com, you can pay for your products using credit card, debit card or any other payment method which we make available to you at the time of your order.
4. Supply and pricing of products
4.1. Supply of Products
Products sold by us through our Website are manufactured and shipped from a range of different production facilities based in the United States & overseas.
4.2. Prices and Sales Tax
Prices of products shown on the Website exclude any relevant Sales Tax; this is added at Checkout when the relevant address has been added.
4.3. Postage and packaging charges
Prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage before you place your order. Prices are not inclusive of any additional customs charges that may be applicable to your order and, should your order be subject to these, we are not liable for this charge.
4.5. Substitute Products
Please note that if a product is unavailable, we may substitute it with an alternative product unless you request us not to do so.
5. Delivery
During the order process, Yappy.com will generally notify you of the dispatch dates available and the expected time frame for receiving your order; however, Yappy.com does not guarantee delivery dates or times. We will make you aware of delivery charges (if any) before you place your order.
Expected delivery times and charges will differ depending on which products you order. More details are set out below.
5.1. General dispatch information
The dispatch date is the day we SEND the item you have ordered, NOT the day it will be delivered.
You need to enter a correct address, including zip code.
5.2. Circumstances Beyond Our Control
Neither Yappy.com, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, pandemic or industrial dispute or strike.
6. Changing or cancelling an order
It is best to contact us if you need to cancel or change your order. Please have available your order number or the email address you registered with us so we can answer your query as quickly as possible.
To ensure your order is dispatched as soon as possible, our production process begins soon after we receive your order so please do get in touch as soon as possible.
Chat messages and emails are answered in the order they are received. It is therefore possible that your order could begin production before your email or message is processed and we will be unable to make any changes requested.
7. Returns and refunds
Our items are non-returnable and non-refundable due to their personalized nature. Anything that’s made to your specific requirements i.e. is tailor-made, or otherwise can't be resold due to a bespoke element, cannot be returned and is not eligible for a refund unless deemed faulty by us.
7.2. Faulty Items
Where an item is faulty, we will ask you to return it to us within three days of receipt. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.
If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid with. Alternatively, we may offer to reproduce (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend.
At Yappy.com, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.
7.3. Reporting a problem
If for any reason you are not happy with your Yappy.com order, please contact our Customer Service Team. You will need to quote your order number, the email address you have registered and the details of the problem with the order.
We aim to acknowledge any complaint within 14 working days (usually it takes 48 hours) and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product to help us communicate with our suppliers and correct any future problems. Should it be necessary, we will then advise you how to return your item.
7.4 Assumed Liability
Any and all products sold from Yappy.com to the end consumer (you) are directly your responsibility upon receipt of your product. Any damage or harm done to your animal or pet from our products are not our responsibility. Our products are to be used under supervision at all times.
You, the consumer, are ultimately liable for the health and well-being of your pet. Any harm done to your pet from a Yappy.com product is not our liability, and solely the liability of you the consumer.
8. Privacy Policy
Yappy.com is committed to protecting your privacy. We promise to use the information that we collect about you in accordance with the Data Protection Act 1998. We are listed in the Register of Data Controllers under the number ZA315088.
All data is encrypted and, when transmitted, is transmitted over secure channels.
You can see the information that we hold about you by logging on to Yappy.com and checking your Account details. You can also update your Account details by contacting our Customer Service team.
Your personal data (including information about your purchases and use of our Services) will be collected, processed, stored and used by us, and passed to and processed by our affiliated companies and other data processors acting under contract with us:
to provide the Services to you; to tailor aspects of your experience of the Services, including search functions; to process payments you make; to provide customer support; to send communications to you to tailor the advertising you experience on this and other (for example, social media) services; for customer satisfaction and customer experience improvement purposes; and otherwise in accordance with our legal rights and obligations.
The Data Protection Act 1998 gives you the right to access personal data held about you. Your right of access can be exercised in accordance with that Act. Under certain circumstances, the access request may be subject to a fee to meet our costs in providing you with details of the personal information we hold about you.
We will hold and process your personal data for so long as is necessary for the purposes stated in these Terms and to address any claims or issues that may arise concerning your use of our Services.
After that, we may continue to hold data that relates to you and your use of our Services for research and statistical analysis, as permitted by applicable law (currently Section 33 of the Data Protection Act 1998) – however, during this time you may request that we delete personal data we hold about you by contacting our Customer Services and providing such information and verification as is requested of you.
8.1. How we use your contact information
The personal information you provide to us will include your contact and delivery details, payment information, and information about people to which you wish us to deliver products.
We will not disclose any of your personal data without your permission unless:
• we are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention or detection of crime or fraud)
• we are in negotiations with a third party for the sale or purchase of any of Yappy.com's business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business; or
• assets of Yappy.com, or substantially all of its assets, is acquired by a third party, in which case personal data held by Yappy.com about its customers will be one of the transferred assets we do so to exercise rights or perform obligations under, or to enforce or apply these Terms and other agreements to which you are party, or to protect our rights, property, safety, customers, or others
Where a phone number is requested, we may use this to contact you to ensure that you are happy with the service you received and, where relevant, provide updates on your order.
8.2. Opt out
When you register on Yappy.com, you can decide to opt out of receiving any communications from us, other than that required to process your registration or orders. At any point, you can change this preference by contacting us but please allow three working days for your opt out to be processed.
8.3. Security of your Account and password
You must not share the User name and password with which you register with Yappy.com with anyone else.
We know that you may use the same password for other Internet accounts, while we do not recommend doing so, and that it is highly sensitive. Rest assured, your password will remain encrypted and we do not have access to it. If you forget your password, you can request to reset it. By requesting to reset your password an email will be sent to the email address registered with your Account containing a link to reset your password. You will then be able to access your Account and create a new password.
You are solely responsible for maintaining the confidentiality of your password and any other identifying information.
Note that we are entitled to treat anything done while your Account is logged into the Website or by means of an email address, phone number or other communications method associated with that Account, as having been done by you; it is up to you to maintain the security of your Yappy.com Account.
8.4. Credit card transactions
By ordering from us, you are bound by the terms and conditions of our payment gateway, as they process all our transactions. We use Stripe as our payment processor. You can access and read Stripe’s Terms & Conditions from their website stripe.com.
The base currency for the US is USD, though our Stripe account is based in the UK. If you pay in USD you will not pay a currency conversion fee, but Foreign Transaction Fees may still be applied by your bank (depending on bank’s policy).
8.5. Subject Access Requests
Under the Data Protection Act 1998 (the “Act”), you have the right to request a copy of all personal data we hold about you, by means of a process called a Subject Access Request. If you make a Subject Access Request, Section 7 of the Act requires us:
To tell you whether we process any of your personal data if so, to provide you with a description of the personal data we hold, the reasons it is being processed, and who we share it with. To provide you with a copy of the personal data we process in an intelligible form, and (where this is available) to inform you about the source of the data.
All Subject Access Requests must be in writing. We may, under certain circumstances, require you to pay a fee in an amount specified under the Act to help meet our costs in dealing with your request.
We will respond to data subject access requests within 40 calendar days. If you wish to find out further information about requesting access to your personal data, please visit the Information Commissioners Office’s website for further guidance on Subject Access Requests.
We will hold and process your personal data for so long as is necessary for the purposes stated in these Terms and to address any claims or issues that may arise concerning your use of our Services.
After that, we may continue to hold data that relates to you and your use of our Services for research and statistical analysis, as permitted by applicable law (currently Section 33 of the Data Protection Act 1998) – however, during this time you may request that we delete personal data we hold about you by contacting our Customer Services and providing such information and verification as is requested of you.
8.6 California Consumer Privacy Act
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and verify your request, we will disclose to you:
• The categories of personal information we collected about you;
• The categories of sources from which the personal information is collected;
• The specific pieces of personal information we collected about you;
• Our business or commercial purpose for collecting or selling any personal information;
• The categories of personal information about me that was sold or disclosed for a business purpose; and/or
• The categories of third parties to whom the personal information was sold or disclosed for a business purpose, by category or categories of personal information for each category of third parties to whom the personal information was sold.
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our agreement with you. For example, we may not delete your personal information insofar as it is needed to honor our returns policy with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act.
• Enable internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
9. Use of the Website
9.1. Abuse of service
You agree not to use Yappy.com directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules (set out in section 3.4 above).
9.2. Intellectual Property
All product photography, text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website is protected by Yappy.com's or third-party copyrights, trademarks, service marks, patents or other proprietary rights and laws. "Yappy" and Yappy.com are our registered UK trademarks, and you agree not to display or use them in any manner without our prior written consent.
You may use and access Yappy.com to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trademark or other intellectual property notices contained in material taken from Yappy.com.
No-one may copy, distribute, show in public or create any derivative work from Yappy.com, or any of the material which is found on Yappy.com unless properly licensed in writing by us to do so. You are not allowed to use Yappy.com (or to copy or use any material found on Yappy.com) for any commercial purpose other than to conduct the purchase of a product from Yappy.com.
No-one may use any robot, spider, scraper or other automated means to access Yappy.com for any purpose without our prior express written permission.
9.3. Website content and service access
We will always try to ensure that Yappy.com is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.
9.4. Links
Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third-party websites, you do so at your own risk.
9.5. Liability
We use reasonable care and skill to provide Yappy.com in accordance with our specifications for Yappy.com but;
the Services are provided "as is" we cannot and do not guarantee that Yappy.com or the Services will meet your requirements.
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
Any and all products sold from Yappy.com to the end consumer (you) are directly your responsibility upon receipt of your product. Any damage or harm done to your animal from our products are not our responsibility. Our products are to be used under supervision at all times.
You, the consumer, are ultimately liable for the health and well-being of your pet. Any harm done to your pet from a Yappy.com product is not our liability, and solely the liability of you the consumer.
Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.
We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption any loss or corruption of data any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising.
Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website, or anything done while your Account is logged into the Website.
The provisions of this section 9.5 shall survive the termination or expiry of these Terms.
9.6. Suspension
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Yappy.com, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Yappy.com if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.
9.7. Contact from third parties
If anyone contacts us in relation to your or your Account's use of Yappy.com or a transaction associated with you or your Account, then you agree:
to provide all reasonable information and assistance we may require in connection with responding to that contact to respond promptly and accurately to it, should we pass the message to you for a response.
10. General
These Terms are intended to contain your entire agreement with us relating to the Services and the Website.
If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
Only you and Yappy.com shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We reserve the right to change these Terms from time to time and post the new version on Yappy.com. The new version of these Terms will take effect:
commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, Yappy.com, and (ii) the refinement of provisions that are already included or referred to in these Terms.
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Yappy.com. For the avoidance of doubt, we will not have any liability to you in that event.
These Terms, the Services and each order and purchase of a product shall be governed by English law.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.
We don't separately file the Terms entered into by Users when they register for Yappy.com. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.