Terms & Conditions
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. We will confirm that your order has been received by sending an email to you at the email address you provide in your order form. Acceptance will be deemed to take place upon despatch of your order. Our acceptance of your order brings into existence a legally binding contract between us.
2.1. The prices payable for goods that you order are as set out in our website.
2.2. Prices displayed are inclusive of value added tax at the current rate if applicable.
2.3. You may (depending upon the order value) be required to pay extra for delivery.
2.4. Delivery prices are charged by order value and can be calculated during the checkout process using the shipping estimator provided, please note that It may not be possible for us to deliver to some locations.
2.5. Whilst we try to ensure that all prices displayed on our website are accurate, errors can occur. In the event that we discover an error, we will inform you as soon as possible to confirm whether you still wish to purchase the item or cancel. If we are unable to contact you we will treat the order as cancelled.
3.1. You undertake that all details you provide to us for the purpose of ordering or purchasing goods are correct, that the credit or debit card or the PayPal account you are using is your own, and that there are sufficient funds to cover the goods ordered.
3.2. Orders must be paid for before despatch, unfortunately we cannot send items cash on delivery.
4.1. Every effort is made to describe products correctly; however we reserve the right to change sizes, colours, materials, accessories, ingredients, manufacturing processes and other specifications without notice.
4.2. Images shown are for illustration only and may not exactly match the item you receive. In particular colours, unless specified, may not match the actual product shown or a previous product supplied.
4.3. Bird Sizes are provided for guidance only and are not guaranteed suitable for the particular size of bird indicated.
4.4. Product dimensions are believed to be correct, however items can vary individually, for example due to the use of natural materials; some inconsistencies are to be expected.
4.5 Whilst every effort is made to ensure the safety of all items we sell, all products must be inspected upon receipt and any problems notified to us in writing. Further, we strongly recommend close supervision of birds whilst using any of our products, in particular those containing rope, string, thread, braid, lace, fibres or similar materials.
4.6 All food items sold from this website are strictly for bird use only and therefore under no circumstances should be consumed by humans.
5.1. You must choose a password on completion of registration; your username will be your email address. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
5.2. If there are any changes to the details supplied by you it is your responsibility to inform Dietec UK as soon as possible by updating “Your Account” on the website.
6. Right for you to cancel your contract
6.1. If you are not happy with any items you have purchased from us you are welcome to return them within 14 days from the date of purchase and we will be more than happy to refund the cost of the items in question. Requests to cancel an order after 14 days from the date of purchase may be granted, however such requests are subject to a cancellation fee plus any additional expenses which may be incurred.
6.2. This guarantee is in addition to your legal right under the Distance Selling regulations which provide you with the right to cancel without reason, any time up to the end of the seventh working day from the date you receive the ordered goods.
6.3. You cannot cancel if the goods have been custom made / special order, or are perishable. If you are unsure as whether you can return any goods please contact us for advice.
6.4. Any goods returned must be unused / unopened and in their original packaging and in the condition which they were delivered.
6.5. To cancel your contract you must first notify us, this can be done by using our website returns management system or you can notify us in writing. Upon receiving your request we will contact you a.s.a.p regarding any cause of action that may be required by yourself or otherwise.
6.6. If you cancel your contract then [unless, under clause 6.3., you do not have a right to cancel] you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed and dispatched the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
6.7. Once you have notified us that you are cancelling your contract, any sum debited to us from your card or from your paypal account in relation to those specific goods, will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you at your own cost and risk and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the return delivery costs, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
6.8. If for any reason you are not available to accept the order dispatched by us and it is returned to us for any reason then additional charges may be payable.
• 6.8.1 return to sender charges (if incurred) plus any other addtional expenses, fees or surcharges paid by us for the return of the goods will be deducted from any subsequent refunds issued to you if you deside to cancel your order;
• 6.8.2 if you wish us to re-attempt delivery of your order then any return to sender charges (if incurred) plus any other additional expenses, fees or surcharges incurred by us for the return of the goods will be payable by you for any additional delivery attempts as well as the original cost of delivery for the order in question;
6.9. To avoid possible problems with returns, we would always advise customers to contact us first for returns authorization.
6.10. For security reasons refunds can only be made to the same card or paypal account which was used for the original transaction.
6.11. Your statutory rights are not affected.
7. Cancellation by us
7.1. we reserve the right to cancel the contract between us if:
• 7.1.1 we have insufficient stock to deliver the goods you have ordered;
• 7.1.2. we do not deliver to your area; or
• 7.1.3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
• 7.2. If we do cancel your contract we will notify you by e-mail or other means and will re-credit to your account any sum deducted by us from your card or paypal account as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for consequential loss, inconvenience or disappointment suffered.
8. Delivery of goods to you
8.1. All orders will require a signature upon receipt and cannot be left outside the premises.
8.2. We will deliver the goods ordered by you to the delivery address you give us at the time you placed your order.
8.3. Incorrect or incomplete addresses may result in your order being delayed or even returned to us which may incur further charges.
8.4. Orders are dispatched by us Monday to Friday excluding Bank Holiday Mondays.
8.5. Orders received before 12pm (noon) Monday to Friday are normally dispatched on the same working day when ever possible. Orders received after 12pm (noon) Monday to Friday will be dispatched on the next available working day or shortly thereafter.
8.6. In stock orders are normally delivered within 5 working days or sooner from the date of dispatch.
8.7. If your order contains an item which is currently out of stock but due in the next few days, we will wait until the whole order can be despatched together. Should an item be particularly urgent please state this at the time of ordering so we can contact you if there is going to be a delay.
8.8. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
9.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem within 10 working days of the date delivery of the goods in question.
9.2. If you do not receive the goods you ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem within 40 days of the date on which you ordered the goods.
9.3. If you notify a problem to us under this condition, our on obligation will be, at our option:
• 9.3.1. to make good any shortage or non-delivery;
• 9.3.2. to replace or repair any goods that are damaged or defective; or
• 9.3.3. to refund to you the amount paid by you for the goods in question.
9.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
9.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
9.6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9.7. The www.dietecuk.co.uk website is provided by Dietec UK without any guarantees or warranties. You must bear the risks associated with use of the internet.
9.8. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Dietec UK 53 Southlands Grove, Newby, Scarborough, North Yorkshire, YO12 5PH, and all notices from us to you will be displayed on our website from to time.
For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
14. Governing Law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
15. Entire Agreement
We reserve the right to make changes to our website, policies, and terms and conditions at any time without notice. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. Company Details
Mr Stephen John Beaver T/A Dietec UK
53 Southlands Grove
Scarborough, North Yorkshire
Vat Reg No. 928 7494 71