Our Terms & Conditions
- These terms
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content referred to our website.
- 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.
- Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- Your responsibility. It is entirely your responsibility whether a consumer or business to ensure that all contact details are kept up to date and we are informed as soon as possible of any updates. We cannot be held liable for any loss, damage or products going missing if you have failed to provide us with the correct contact details.
- If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- Information about us and how to contact us
- Who we are. We are Lenken Limited trading as Smartbreeder.com a company registered in England and Wales. Our company registration number is 08585205 and our registered office is at UNIT 3, Varley Business Centre, St James Street, Manchester, M40 8EL. Our registered VAT number is GB186597054.
- How to contact us. You can contact us by telephoning our customer service team at 01208 420 999 or by writing to us at email@example.com or by post at at UNIT 3, Varley Business Centre, St James Street, Manchester, M40 8EL.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
How we will accept your order.
Online orders: Our acceptance of your order will take place when we email you to confirm that the product(s) has been dispatched, at which point a contract will come into existence between you and us.
Manual orders: Our acceptance of your order will take place when we email you to confirm that the order has been placed, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will 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, because we are unable to meet a delivery deadline you have specified or for any other reason.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Service availability. We ship worldwide however some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Delivery Information page.
- Our products
- Products may vary slightly from their pictures. The images of the products on our website 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.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- 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.
- Our rights to make changes
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements. These changes may affect the use of the product; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- More significant changes to the products. In addition, we may make the significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
- Providing the products
- Delivery Information. All information relating to the delivery of your products and the costs of delivery is displayed to you on our website under the section entitled Delivery Information.
- Delivery Date. Please refer to the section entitled Delivery Information. However, please note that your order shall be fulfilled by the delivery date as set out in the email confirming dispatch of the product. If no date is specified for any reason in the email confirming dispatch, then all such orders will be fulfilled within 90 days from the email confirming dispatch.
- 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.
- Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am—5pm on weekdays (excluding public holidays).
- 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 or you or a carrier organised by you to collect it from us.
- When you own goods. You own a product which is goods once we have received payment in full.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see 6).
- 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 for longer than 90 days in any 12 month period 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 90 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.
- We will not process your order until payment has been received in full in accordance with the provisions of clause 14.
- We reserve the right to refuse any order by you for any reason.
- Your rights to end the contract
- You can always end 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, when you decide to end the contract and whether you are a consumer or business customer:
- 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 ause 12 if you are a consumer and 13 if you are a business;
- If you want to end the contract because of something we have done or have told you we are going to do, see 8.2;
- If you are a consumer and have just changed your mind about the product, see 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see 8.6.
- 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 (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see use 6.2);
- 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;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- 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 90 days; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- Hypodermic syringe needles, Wondfo blood analysers, Tosoh AIA 360 blood analyser products due to bio-contamination and hygiene reasons and the Buy-back guarantee policy;
- services, once these have been completed, even if the cancellation period is still running;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
- any products which become mixed inseparably with other items after their delivery; and
- those items listed under the section entitled Returns, Refunds and Cancellation.
- How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
- Have you bought services? If so, you have 14 days after the day we email you to confirm your order has been placed/dispatched. However, once we have completed the services you cannot change your mind (the service starts when the first item has been sent to you relating to the service you are purchasing), even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. If you have paid for a training service and wish to cancel the service within 14 days of purchase, an administration fee of £195 will be deducted from your refund. This admin fee will be deducted per course, so if you have purchased three courses, you will have THREE admin fees deducted.
- Have you bought goods? if so, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery.
- Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- How to end the contract with us (including if you are a consumer who has changed their mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 01208 420 999 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01208 420 999 or email us at email@example.com to arrange a return/collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- What we charge for collection. If you are responsible for the costs of return, for example you have changed your mind, we are collecting the product from you, we will charge you the direct cost to us of collection. Please see our delivery information page for more information.
- How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- When we may make deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. For further information, see Returns, Refunds and Cancellation.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
- If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see 9.2 and the section entitled Returns, Refunds and Cancellation.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
- Our rights to end the contract
- 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:
- you do not make any payment to us when it is due;
- 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;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
- you do not, within a reasonable time, allow us access, if required, to your premises to supply the services.
- You must compensate us if you break the contract. If we end the contract in the situations set out in 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.
- 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 90 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.
- If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01208 420 999 or write us at firstname.lastname@example.org or by post at UNIT 3, Varley Business Centre, St James Street, Manchester, M40 8EL.
- Your rights in respect of defective products if you are a consumer
- If you are a consumer 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 products. 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.
If your product is goods 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 8.3.
If your product is services the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also 8.2.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01208 420 999 or write us at email@example.com to arrange a return/collection.
- Your rights in respect of defective products if you are a business
- If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:
- conform in all material respects with their description; and
- be free from material defects in design, material and workmanship.
- Subject to 13.3, if:
- you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in 13.1;
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
- We will not be liable for a product's failure to comply with the warranty in 13.1 if:
- you make any further use of such product after giving a notice in accordance with 13.2(a);
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
- you alter or repair the product without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
- Except as provided in this 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in 13.1.
- These terms shall apply to any repaired or replacement products supplied by us under 13.2.
- Price and payment
- 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 14.3 for what happens if we discover an error in the price of the product you order.
- 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.
- 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. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment with Visa, Visa Debit, Mastercard, Solo, Maestro, Electron and Laser Card.We also accept payments via PayPal and Klarna. When you must pay depends on what product you are buying:
- For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
- For services, we will invoice you monthly in advance for the services until the services are completed. You must pay each invoice within 7 days after the date of the invoice.
- Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4 % a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- The cost of products and services may fluctuate in foreign countries. All prices advertised are subject to such changes.
- Only one promotion code can be used per order and only one promotion code can be used per customer, with special events or generic promotion codes.
- In an attempt to take advantage of any promotion code/voucher etc. we have the right to cancel any order(s) placed multiple times at the same address using a voucher, but under different names as this constitutes an abuse to the terms and conditions.
- We can only dispatch microchips to customers who are registered microchippers, from time to time we may ask for you to send proof of your qualification or other details to prove you are purchasing for your own use only.
- Sample chips available at £1.99 a box are limited to one sample per customer - we reserve the right to ask for proof of your microchipping qualification before sending.
- We do not accept multiple people using promotion codes to purchase for other individuals registered on our systems. We will cancel the order and refund any monies paid.
- Our responsibility for loss or damage suffered by you if you are a consumer
- 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.
- 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 as summarised at 12.1; and for defective products under the Consumer Protection Act 1987
- When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or resale purpose our liability to you will be limited as set out in 16.
- Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to 16.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the cost paid by you at the time of purchase.
Indemnifying us. You agree to indemnify, us including, but not limited to, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
- Import Duty
- If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- How we may use your personal information
- After-Sale Service
- Questions, comments or requests regarding these terms or our products should be addressed to Hello@smartbreeder.com.
- If you have any complaints these should be addressed in writing to Complaints @ Smartbreeder.com, UNIT 3, Varley Business Centre, St James Street, Manchester, M40 8EL.
- If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
- Discount Code
- Discount Codes entitle you to an extra percentage (specific to the Discount Code in question) off your next online order from www.smartbreeder.com, To claim your discount, when in the 'My Bag' section of your account there is an option to “Apply Coupon”, which allows you to enter the promotional code in order to apply it to the order.
- Discount Codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remain our property and are not transferable. There is no cash alternative. Discount codes exclude sale, beauty, premium products and delivery charges. Discount Codes and related offers are not open to employees of smartbreeder.com and we reserve the right to withdraw them and refuse or restrict any order at any time.
- Discount Codes are normally valid for 30 days of advertisement, we reserve the right to withdraw any discount code at any time and deactivate the code from being used further. If the code you have is not working, this means the code(s) are no longer active.
- Payment in alternate currencies can be enabled by selecting the appropriate flag in the dropdown currency selection menu at the top of the homepage. Goods and services are supplied subject to these terms.
- Intellectual Property Rights
- All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely
- Force Majeure
- Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues 90 days, the party not affected may terminate this agreement by giving 30 days written notice to the affected party.
For the purposes of clause 21.1 a Force Majeure Event is an event, circumstance or cause beyond a party's reasonable control, includes, but is not limited to, the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- 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.
- 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.
- 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.
- 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.
- Variation to these terms. We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which we may decide.
You will be subject to the policies and terms in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirming dispatch (in which case we have the right to assume that you have accepted the changes to these terms.
- Notices. All notices given by you to us must be given to us at Hello@smartbreeder.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped (first class) and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
- Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation
- Learner courses
Learner courses are delivered by third-parties who deliver the Smartbreeder syllabus. A copy of the syllabus will be provided to you on the day of your course. Any additional information provided outside of our syllabus is not supported by us. If you feel any additional information was provided by tutors outside of our syllabus and you believe it is a cause for concern, this should be reported immediately to firstname.lastname@example.org. Any reporting will be handled in the strictest of confidence. Please see third party details below:-
- Fertility courses are delivered by David Holt of Clinic By David Holt Ltd.
- Dog breeding courses are delivered by David Holt of Clinic By David Holt Ltd.
- Microchipping courses are delivered by Luke Knighton of Luke Knighton Training Ltd.
- Ultrasound courses are delivered by Luke Knighton of Luke Knighton Training Ltd.
- Hearing Testing courses are delivered by Luke Knighton of Luke Knighton Training Ltd.
On the course day you will be asked to agree to the following terms and conditions before entering the building. Please see links below:-
- Business Products
Any products brought falling into/under the following categories are only available for business customers and not consumer customers:
- Semen analyser
- Ultrasound scanner
- Blood analysers
Therefore, by purchasing any of the above items from us it will be deemed as a business customer purchase and not a consumer purchase. There is no protection under any consumer protection law in force from time to time.
- Puppy Packs
To qualify for the free puppy pack you would need to be registered on our UNLIMITED PLAN, if you have received a free breeder or implanter transfer you will only be registered on a ONE TIME PLAN. You can upgrade to the UNLIMITED PLAN online and there is a fee of £19.95.