Terms of service
overview
Welcome to small dog energy! The terms “we”, “us” and “our” refer to small dog energy. small dog energy operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). small dog energy is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced within them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Nothing in these Terms affects your statutory rights as a consumer.
small dog energy is operated by Lucy Muir, trading as small dog energy.
Our contact details are:
Email: brightonchiclub@gmail.com
Postal address: 133 The Gardens, BN424AR
section 1 – access and account
By agreeing to these Terms of Service, you confirm that you are at least 18 years old or that you have permission from a parent or legal guardian to use the Services and make a purchase.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information.
You confirm that the information you provide is correct, current and complete and that you have the right to provide it.
You are responsible for maintaining the security of your account credentials and for activity carried out through your account. You may not transfer, sell, assign or license your account to another person.
section 2 – our products
We have made every reasonable effort to provide an accurate representation of our products and services. However, colours or product appearance may differ slightly depending on the device and screen settings you use.
Some product images may be digital mock-ups. Because our products are printed or embroidered individually, minor variations in colour, placement or finish may occur.
These variations do not affect your statutory rights where a product is faulty, damaged, not as described or otherwise fails to meet the standards required by UK consumer law.
All descriptions of products are subject to change without notice. We reserve the right to discontinue a product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction on a case-by-case basis.
section 3 – orders
When you place an order, you are making an offer to purchase.
Your order is not accepted until small dog energy confirms acceptance or begins processing the order. We must receive and process your payment before your order can be accepted.
Please review your order carefully before submitting it. Because many of our products are made to order and may enter production shortly after purchase, we may be unable to accommodate cancellation or amendment requests before dispatch.
This does not affect any statutory right to cancel that applies after delivery.
If we do not accept your order, make a material change to it or cancel it, we will attempt to notify you using the email address, billing address or telephone number provided with the order.
We may refuse or cancel an order if a product is unavailable, payment cannot be authorised, information is obviously incorrect, fraud is suspected or accepting the order would breach a legal or regulatory requirement.
If we cancel an order after payment has been taken, we will refund the amount paid.
Purchases are also subject to our Refund Policy.
You confirm that purchases are for your own personal or household use and not for commercial resale or export.
section 4 – prices and billing
Prices, discounts and promotions are subject to change without notice.
The price charged will be the price displayed when the order is placed and will be confirmed in your order confirmation email.
The total cost of your order, including applicable taxes and delivery charges, will be shown before you complete your purchase.
International orders may be subject to customs duties, import taxes or handling charges imposed by the destination country. Where these charges are not collected at checkout, they are normally the customer’s responsibility.
Prices displayed online may differ from prices offered at events, physical locations or through third-party sales channels.
We may offer promotions that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will apply to that promotion.
You agree to provide current, complete and accurate purchase, payment and account information. You confirm that you are authorised to use the payment method supplied.
section 5 – shipping and delivery
Many of our products are made to order. Production time is separate from shipping time.
Delivery costs, available delivery methods and estimated timescales will be displayed at checkout or explained in our Shipping Policy.
Delivery dates are estimates unless we expressly agree otherwise. Delays may occasionally occur because of stock availability, production issues, carrier disruption, customs, adverse weather or events outside our reasonable control.
We will deliver orders without undue delay and normally within 30 days of the contract being formed, unless another timeframe has been agreed with you.
Responsibility for the products passes to you when they are delivered into your physical possession or to a person you have identified to receive them. Responsibility does not pass to you simply because the parcel has been handed to the delivery carrier.
Please review our Shipping Policy for further information.
section 6 – intellectual property
Our Services, including our designs, branding, text, displays, images, graphics, product photography, videos, audio and the selection and arrangement of this content, are owned by small dog energy or used with the permission of their respective owners.
This content is protected by applicable copyright, trade mark and other intellectual-property laws.
These Terms allow you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, publicly display, republish, download, store, sell or transmit our material without prior written consent, except where permitted by law.
small dog energy’s names, logos, product names, designs and slogans must not be used without prior written permission.
Shopify’s name, logo, product names and designs belong to Shopify. All other third-party names, logos and trade marks remain the property of their respective owners.
section 7 – optional tools
You may be provided with access to tools offered by third parties that we do not monitor and over which we have no control.
Access to such tools is provided “as available”. Any use of optional third-party tools is at your own discretion, and you should ensure that you understand and accept the terms on which they are provided.
Nothing in this section excludes responsibility that cannot legally be excluded or affects your statutory consumer rights.
We may offer new features, tools and resources through the Services in the future. Those features will also form part of the Services and be subject to these Terms.
section 8 – third-party links
The Services may contain links to websites, materials or functionality provided by third parties.
We are not responsible for examining or evaluating the content or accuracy of third-party websites. If you leave our website to access a third-party service, you should review that provider’s terms and privacy practices.
We are not responsible for losses caused solely by an independent third-party website where those losses were not caused by our breach of these Terms or failure to exercise reasonable care and skill.
Complaints about products or services purchased directly from a third party should be directed to that third party.
section 9 – relationship with Shopify
small dog energy is powered by Shopify, which enables us to provide the Services.
However, purchases made through our store are made directly from small dog energy. small dog energy, rather than Shopify, is responsible for fulfilling its obligations to you as the retailer.
Nothing in this section removes or limits any rights or remedies you have under applicable consumer law.
section 10 – privacy policy
Personal information collected through the Services is handled in accordance with our Privacy Policy. Certain personal information may also be processed in accordance with Shopify’s Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services in order to operate and improve the platform.
Information you provide may also be shared with service providers involved in processing payments, producing products, fulfilling orders and delivering parcels. Please review our Privacy Policy for further details.
section 11 – feedback
If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, photographs or other content (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that Feedback for the purpose for which it was submitted, including operating and promoting small dog energy.
You confirm that you own or have permission to provide the Feedback and that its use will not infringe another person’s intellectual-property, privacy or other legal rights.
Where required, we will seek additional permission before using customer photographs or other identifiable personal content for unrelated promotional purposes.
We may monitor, edit or remove Feedback that we reasonably believe is unlawful, abusive, misleading, offensive or infringes another party’s rights.
section 12 – errors, inaccuracies and omissions
Occasionally, information within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, delivery times or availability.
We may correct errors and update information at any time.
If an error materially affects an order you have already placed, we will contact you and give you the option to confirm the order using the corrected information or cancel it for a refund.
section 13 – prohibited uses
You may access and use the Services only for lawful purposes.
You must not use the Services:
- for an unlawful or fraudulent purpose;
- to violate applicable laws or regulations;
- to infringe our intellectual-property rights or those of another person;
- to harass, abuse, intimidate, defame or harm another person;
- to transmit false or misleading information;
- to send unsolicited advertising or spam;
- to upload viruses or malicious code;
- to collect another person’s personal information unlawfully;
- to impersonate another person or organisation;
- to interfere with the operation or security of the Services; or
- to bypass measures intended to restrict unauthorised access.
We may suspend or terminate access where we reasonably believe these Terms have been breached.
section 14 – automated agents
Automated systems, software or services that access or interact with the Services must not conceal their automated nature, circumvent security measures, misuse the Services or access them in a way that causes damage or unreasonable disruption.
We may use reasonable technical measures to limit or prevent automated access where necessary to protect the Services, our customers or our business.
section 15 – termination
We may suspend or terminate access to the Services where you materially breach these Terms, use the Services unlawfully or create a security risk.
Termination does not affect rights or obligations that arose before termination.
Sections relating to intellectual property, privacy, liability, governing law and any other provisions intended by their nature to continue will remain effective after termination.
section 16 – warranties and consumer rights
We do not guarantee that access to the website will always be uninterrupted, timely, secure or error-free.
Nothing in these Terms excludes or restricts the legal requirement that products must be of satisfactory quality, fit for purpose and as described.
Nothing in these Terms excludes or restricts any warranty, condition, right or remedy that cannot lawfully be excluded under the Consumer Rights Act 2015 or other applicable consumer law.
section 17 – limitation of liability
We are responsible for loss or damage that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.
We are not responsible for:
- loss or damage that was not reasonably foreseeable;
- loss caused by inaccurate information supplied by you;
- delays or failures caused by circumstances outside our reasonable control; or
- business losses arising where a product was purchased primarily for commercial or resale purposes.
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- defective products where liability cannot legally be excluded; or
- breach of your statutory consumer rights.
section 18 – indemnification
You are responsible for reasonably foreseeable losses we suffer as a direct result of your unlawful use of the Services or a deliberate and material breach of these Terms.
This section does not require a consumer to compensate us for losses that were not caused by that consumer or for matters for which liability cannot fairly or lawfully be imposed.
section 19 – severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be treated as removed or limited only to the extent necessary.
The remaining provisions will continue to apply.
section 20 – waiver and entire agreement
If we do not immediately exercise or enforce a right under these Terms, that does not mean we have waived that right.
These Terms and the policies referenced within them constitute the agreement between you and us concerning use of the Services and purchases made through the website.
Nothing in this section limits liability for fraud or prevents you from relying on rights granted by law.
section 21 – assignment
You may not transfer your rights or obligations under these Terms without our prior written consent, except where the law permits otherwise.
We may transfer our rights and obligations to another organisation, provided that the transfer does not reduce your rights under these Terms or applicable consumer law.
section 22 – governing law
These Terms and contracts made through the Services are governed by the law of England and Wales.
If you live in England or Wales, you may bring legal proceedings in the courts of England and Wales.
If you live in Scotland, you may bring legal proceedings in either the Scottish courts or the courts of England and Wales.
If you live in Northern Ireland, you may bring legal proceedings in either the Northern Irish courts or the courts of England and Wales.
If you live outside the United Kingdom, any mandatory consumer protections available under the law of your country of residence remain unaffected.
section 23 – headings
The headings used in these Terms are included for convenience only and do not limit or otherwise affect their meaning.
section 24 – changes to these terms
You can review the most current version of these Terms of Service on this page.
We may update or replace parts of these Terms by publishing an updated version on the website. Where required by law, we will provide notice of material changes.
The terms that apply to a purchase are those in force when the order is placed.
section 25 – contact information
Questions about these Terms of Service should be sent to:
Email: brightonchiclub@gmail.com
Postal address: 133 The Gardens, BN424AR