TERMS & CONDITIONS

www.butternutbox.com is a website (“Site”) operated by Dogmates Ltd (“We”) registered in England and Wales under company number 9328607 and have or registered office at 127 Penhill Road, Bexley. Our VAT number is 211467045.

These terms and conditions (“Terms and Conditions”) govern the relationship between you and us and the legal terms under which we sell any of the products on our Site or via the telephone.  These Terms and Conditions will apply to any contract between us for the sale of products. Please read these Terms and Conditions carefully and make sure you understand them before ordering any products from the Site.

You may contact us by writing to us at hey@butternutbox.com or telephoning our customer service team.

These Terms and Conditions must be read in conjunction with our privacy policy and our website Terms of Use.

By using this Site and making a purchase you signify your acceptance of these Terms and Conditions.

If you do not agree to these Terms and Conditions please exit our website immediately, do not set up an account, login to and / or enter information into the functional areas of the Site and do not order any products from us. If you refuse to accept these Terms and Conditions, you will not be able to order any products from our Site.

We reserve the right to modify these Terms and Conditions. From time to time we will amend these Terms and Conditions so please continue to review the Terms and Conditions when you access or use the site and when you purchase a product. If you do not agree to the changes, you must cancel your subscription. Details of how to cancel can be found below.

 

REGISTRATION AND ACCOUNT MANAGEMENT

To purchase any products and to take part in our consultation, we require you to register with us using the process defined on the Site. Registering with us generates a user account (“User Account”, “Account”, a unique username with associated information) for you and your dog(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 (“Logged in Pages”), and means you are able to purchase products from us.

To register with us, you must be 18 years of age or over on the date of registering.

You must ensure that the details you provide us, via the Logged in Pages or any other communication (including email) are accurate and complete.

You must promptly inform us of any changes to the information that you provided us with – you can do this quickly and easily by accessing the Logged in Pages. This includes your payment details. If we are unable to take payment from your card we are unable to process your order.

If you require the changes to take effect prior to your next delivery please do this greater than 72 hours before your order is to be delivered, as displayed on your Logged in Pages.

Accounts are non-transferrable and you cannot assign, transfer, trade or sell your Account with us to any other party.

You agree not to impersonate any other person whilst using our Site. You also agree not to conduct yourself in an offensive, illegal, immoral or offensive manner whilst using our website.

 

PASSWORD AND SECURITY

When you register with us on our Site you will be asked to create a password which is associated with your User Account. It is your responsibility to choose a secure password and keep this safe.

You are responsible for all purchases made on your Butternut Box Account

You are responsible for all actions and changes to your Account in the Logged In Pages of Butternut Box (including but not limited to change of Dog details, subscription plan, postal address and delivery instructions).

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 and Conditions.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

 

ELECTRONIC COMMUNICATION

When using our Site functions (including the box recommendation feature where you enter details about your dog), using the Logged In pages or emailing us you are communicating with us electronically. You consent to receive communications from us electronically. All information, disclosures, notices and agreements we communicate to you via email or via the website are considered in writing.

By giving us your email address (by voluntarily creating a User Account with us, and / or purchasing products through us) you consent to receiving electronic communication directly from us. This communication can be directly related to your purchase or direct marketing from us.

 

ORDERS AND SUBSCRIPTION

You must have an Account to purchase any products or make any orders with us.

You must also have correct, accurate and valid card details entered on your User Account.

When you register an account and make your first purchase with us, you will automatically be subscribed to a regular order of products from Butternut Box.

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.

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 or because we are unable to meet a delivery deadline you have specified.

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.

We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.

When we recommend a certain type of box size for your pet, based on criteria specified about your by you in the Logged In Pages it may be subject to changes over time. Specific factors that will influence the box size recommendation (including, but not limited to, their age, breed, activity level, time period covered, data and feedback provided by you through your User Account). You must keep your User Account up to date in order for us to continue to recommend a specific box size for your dog.

The total price paid by you for Butternut Box 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 website 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.

You can manage your future orders with us through your Logged In Pages.

Your subscription will remain in place unless cancelled (through your Logged In Pages).

Any changes you make your online profile 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.

The charge for the total price will be charged to the payment card we hold on your account for you at the time of the Order Processing for each specific order.

Your subscription to Butternut Box will remain in effect until it is cancelled by you by notifying us.

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.

 

PRODUCT

The images of the products on our website are for illustrative purposes only and the packaging of the product may vary from that shown in images on our website.

Butternut Box is a natural and hand made product and for operational or business reasons we reserve the right to make minor changes to the product without notice and at our sole discretion. We may for example also from time to time when creating a box of products for dispatch, vary the specific items in that box to increase or decrease the number of beef, chicken or turkey dishes dispatched to you as we may determine.  In some cases, we may also elect to vary dishes which could cause an increase or decrease 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 first and get your consent before dispatching the items to you.

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.

All of our products are freshly made and the exact weight of each individual item may vary slightly from the weight shown on the packaging.

Please note: the products we supply may contain allergens. Please let us know if your pet has any allergies and we will try to ensure the products you order do not contain any allergens. 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. Any disclosure must be made in writing.

 

DELIVERIES AND RETURNS

Products ordered from us can be delivered to addresses within the UK. This excludes PO Boxes and BFPO addresses. Products will be delivered via our third-party courier. Proof of delivery is only obtained under some circumstances. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address.

Delivery dates for your first delivery are selected by us in the Logged-in Pages. Future deliveries run on a regular schedule that is visible to you 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.

Actual delivery times may vary based on your location, our stock availability, when you finalise your information on the Logged in Pages, and circumstances impacting delivery out of our control (including public holidays and force majeure scenarios).

You will not hold us responsible for any delays out of our control.

You must report missing or undelivered deliveries by emailing us at hey@butternutbox.com

Please ensure your address, contact details and leave safe information is kept up to date as referred to in the Registration and Account Management section of these Terms and Conditions.

Your Butternut Box delivery will be your responsibility from the time we deliver the product to the address you have given us. You will be notified by our 3rd party logistics provider of when this is.

We will deliver our product fresh to you, under 8 degrees celsius. If you are ever unhappy by the temperature at which the product has been delieverd you must notify us on the day of delivery by emailing hey@butternutbox.com. We accept no liability for the management of the product after the delivery has been made to the address given by you.

We reserve the right to freeze the product in order to manage our inventory levels. We will deliver a product with 7 day shelf life to you. If you have 14 days’ worth of food delivered to you, it is your responsibility to manage the freezing of the food and adhere to the shelf life stated on the pack.

You acknowledge that the products are perishable and once delivered you must take all steps necessary to ensure that the products are stored according to our recommendations. We will not be liable for any products which spoil due to poor storage after they have been delivered

We want you to be satisfied with the products you receive from us. If you're not satisfied and do wish to return any product to us please follow the following steps:

  • Email us at hey@butternutbox.com from the email address associated with your user account. Please include details of the product that you wish to return and a reason for return. Please do this within 7 working days of receiving your product from us.
  • If we require the goods to be returned to us, we will communicate this to you and arrange collection. Please take reasonable care of the goods whilst in your possession prior to any return. We will inspect the goods on arrival.
  • We may request further information from you regarding your return.
  • If a fault is agreed on our part, and/or refund agreed, we will endeavour to refund you within 7 business days. The refund will cover the cost of the item being returned.

 

CANCELLATION

You can 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 - see the next deliveries section.

Your subscription must be cancelled at least 72 hours of this estimated shipment date of the next order due on your account. Orders due to be shipped within 72 hours of your notification of cancellation will still be charged and delivered.

Unfortunately as the products we sell are perishable, the statutory right under the Consumer Contracts regulations 2013 to change your mind does not apply.

 

TERMINATION OR REFUSAL BY US

We reserve the right to refuse or cancel subscription orders at our sole discretion. If we do this, you will only be charged for orders that have been shipped to you.

We may also terminate the contract between you and us if you fail to comply with our Terms of Use, Privacy Policy or these Terms and Conditions.

 

MEMBER AND INTRODUCTORY OFFERS AND DISCOUNTS

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 website. Previously registered users do not qualify for an additional offer, unless expressly stated. “Previously registered users” refers to any combination of: a user with a user 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 Butternut Box service.

Offers are limited to one individual dog, unless otherwise explicitly stated.

We may cancel any special offer, introductory offer or discount at any time without notice.

At our sole discretion, we may restrict who may enter into offers for any reason.

Promotional offers and discounts are available for limited time periods only.

The Gifting your friend scheme allows existing Butternut Box customers to share unique codes with their friends to enable them to trial the Butternut Box service for a week, for free. Claiming gifts can only be used by new customers who have not previously had a Butternut Box account or delivery (therefore previously registered users cannot use a friend code). Existing Butternut Box customers cannot use friend codes, and customers cannot use their own unique friend codes on their own account.

The Gifting your friend scheme will only become available to existing Butternut Box clients after 4 consecutive weekly deliveries. You will be limited to 3 gifts. Butternut Box has the discretion to allow more gifts after the 3 gifts have been used.

Once a customer (referrer) has referred a friend with their friend code and the referred friend has both signed up using that friend code and received their second delivery from Butternut Box the referrer will have a free week credit applied to their account.

We reserve the right to put any user account(s) or dog 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).

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, and specifically this registration process includes you registering a valid credit or debit card, this includes registering with free and discounted offers.

Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.

Purchase of our products is only via our website, and requires a registered account with valid payment and delivery details to redeem a free or discounted offer, or to redeem an account credit

Account credits and offers cannot be redeemed for cash.

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.

 

THE BUTTERNUT BOX HAPPY DANCE GUARANTEE

We are confident your dog will love Butternut Box. However, if your dog refuses to eat the product you have ordered, we will refund you the original order price of that food under the Butternut Box Happy Dance Guarantee.

To claim under the Butternut Box Happy Dance Guarantee we require you to contact us at hey@butternutbox.com within 7 days of the food arriving at your nominated address. The email must be sent to us from the email address associated with your account (so we can confirm you are the account holder), and must include the details of why you wish to submit a claim under the Butternut Box Happy Dance Guarantee. If you have had a delivery for more than one dog, we also need to know for which dog you are making the claim.

It is your responsibility to arrange return of the remaining portion of the Butternut Box food to us, we will provide the returns address when you contact us. we will refund the reasonable costs of returning the product to us.

The refund amount will be for the items for which the claim under the Happy Dance Guarantee is made, determined by the proportion of the original order price that the food relating to the claim being made represents. The refund amount will be up to the value of the price charged to your credit or debit card for this order as a maximum. The original order price means the final price paid after any promotional discounts or account credits have been redeemed or applied for that purchase.

We will arrange a refund within a reasonable period of the initial email being received by us from you, provided the product has been returned to us. This will be repaid onto the card you originally used to pay for the order, and we will notify you once this refund has been issued by us – it can take up to 7 working days from this point for the payment to be credited to your account.

The Butternut Box Happy Dance Guarantee only applies to the first delivery on your Butternut Box account and claims are limited to one per household and / or Butternut Box account holder.

 

FORCE MAJEURE

We will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any failure to perform our obligations or any delay in our performance if that failure or delay is due to any circumstance beyond our reasonable control.

 

LIMITATION OF LIABILITY

You acknowledge that your use of this site and its content is at your own risk.

You acknowledge that the feeding guides and Box recommendation provided by us is 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.

Except for liability which we cannot limit, restrict or exclude by law we shall have no liability to you or any third party for any direct, indirect or consequential losses or damages (including loss of profits), or any other damages of any kind whether that were not foreseeable to both you and us at the point of sale or use of our website.

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; or for breach of your legal rights in relation to the 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.

Except as expressly set out in these Terms and Conditions, our liability under these Terms and Conditions to you shall not exceed the purchase price of the products which are the subject of any dispute between you and us.

 

VALIDITY OF PROVISIONS AND REMEDIES

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.

 

WAIVER AND BREACH

If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, 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.

 

ASSIGNABILITY

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions

 

THIRD PARTY RIGHTS

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

GOVERNING LAW

These Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.