Terms & Conditions

Binding Effect; Modifications to these Terms and Conditions

This is a binding agreement. By using the Site or any services provided in connection with the Site, you agree to abide by these Terms and Conditions, as they may be amended by Smudge and Friends Petcare Ltd from time to time. Smudge and Friends Petcare Ltd reserves the right to make changes to these Terms and Conditions at any time and from time to time. You will be notified via email of any material changes to these Terms and Conditions. Such changes, modifications, additions, or deletions shall be effective when specified in the relevant notification to you or, if the change is immaterial, immediately upon posting on the Site. Any use by you of the Site after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use.

Age Requirements for General Use of Site

Subject to the following section on “Age Requirements for Purchases,” registration and participation on the Site is restricted to those individuals at least 13 years of age.
We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this Site, you affirm that you are at least 13 years of age. If you are under 13 years of age, do not use the Site. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.

Age Requirements for Purchases

You must be at least 18 years of age to purchase Products on the Site. By agreeing to the terms and conditions during the checkout process and/or by clicking “Pay Now,” you represent and certify that you are at least 18 years of age and are legally able to enter into any and all purchase agreements with Smudge and Friends Petcare Ltd and its partners, vendors, agents and service providers.

Modifications to the Site

Smudge and Friends Petcare Ltd shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, Products, hours of availability, and technological requirements needed for access or use. Smudge and Friends Petcare Ltd shall use its reasonable endeavours to ensure that confirmed orders for Products are not affected by any change or discontinuation made in accordance with this paragraph.

Copyrights, Trademarks and Other Proprietary Rights

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit to us.
All content on the Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trade mark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under applicable copyright and other intellectual property laws and Smudge and Friends Petcare Ltd owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, Smudge and Friends Petcare LTD, and/or partner companies. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Smudge and Friends Petcare Ltd or by any third party.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trade mark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Smudge and Friends Petcare LTDand the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:

Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.

To access parts of the Site or some of the resources it offers, you will be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, including but not limited to, if you lose your user name or password. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if you have violated any provision of these Terms and Conditions.

Communications to the Site; License to Smudge and Friends Petcare LTD

You hereby grant to Smudge and Friends Petcare Ltd a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site (“User Content”), whether by email, uploading or otherwise. You will not be compensated for any User Content. By sending User Content to us, you warrant and represent that you own the rights to the User Content or are otherwise authorized to distribute, display, perform, transmit, or otherwise distribute User Content. You agree that Smudge and Friends Petcare Ltd may publish or otherwise disclose your name in connection with your User Content.

Privacy Policy

Smudge and Friends Petcare Ltd respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Smudge and Friends Petcare LTD’s Privacy Policy. A complete statement of the current privacy policy can be found in Smudge and Friends Petcare LTD’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

Prohibited Activity on the Site

You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by Smudge and Friends Petcare Ltd or generally available browsers.
You are solely responsible for the content and context of any materials or information you submit through the Site. You warrant and agree that, while using the Site, you shall not upload or transmit to the Site any materials which:

are unlawful, harmful, defamatory, threatening, harassing, obscene, vulgar, hateful, abusive, profane, or invasive of a person’s privacy;
restrict or inhibit any other user from using and enjoying the Site;
constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
solicit personal information of/from others;
contain a virus or other harmful component;
contain advertising of any kind, including but not limited to, chain letters, pyramid schemes, solicitations or other advertisements;
contain false or misleading indications of origin or statements of fact;
include information you are not authorized to disclose (including trade secrets or inside information about a Smudge and Friends Petcare LTD);
infringe any third-party rights, including rights under copyright, patent, trade mark or trade secret, or any rights of privacy or publicity;
impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; or
Smudge and Friends Petcare LTD, in its sole direction, otherwise determines to be offensive.

Smudge and Friends Petcare Ltd reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Smudge and Friends Petcare Ltd to disclose the identity of, help identify, or locate anyone transmitting any such content.

Monitoring; Copyright Complaints

You agree that Smudge and Friends Petcare Ltd has the right, but not the obligation, to monitor, edit, disclose, refuse to post or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site. If notified, Smudge and Friends Petcare Ltd may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed. However, Smudge and Friends Petcare Ltd is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Shopping Online

After submitting your order, you will receive an email confirmation with confirmation number. If your email confirmation does not arrive within 48 hours after you have placed your order, please contact us via email for assistance.
Products offered are offered subject to availability. While we do our best to ensure that product and pricing information is current and complete, Smudge and Friends Petcare Ltd is not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for Products are quoted in British Pounds Sterling. Smudge and Friends Petcare Ltd may, from time to time, offer promotions for shipping and other discounts on product purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through the Site, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Site. If (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by Smudge and Friends Petcare Ltd to deliver the Product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used the Site to enter into an improper transaction, Smudge and Friends Petcare Ltd reserves the right to immediately terminate any pending transactions, suspend your access to the Site, and terminate all of Smudge and Friends Petcare LTD’s obligations hereunder.
Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card Smudge and Friends Petcare LTD, or any third party discount provider shall be invalid unless: (x) you notify Smudge and Friends Petcare Ltd within ten (10) days from date of the applicable transaction that you wish to dispute any charge relating thereto; and (y) that you have made reasonable, good faith efforts to resolve such dispute with Smudge and Friends Petcare Ltddirectly, and such efforts have failed. You can e-mail details regarding your dispute to hello@scrumbles.com
If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please email us at:
hello@scrumbles.com
using your order number

Return/Refund Policy

If you are a consumer, you have the right to cancel your contract with us for any unused and unopened products within a period of fourteen (14) days starting the day of your receipt (or receipt by someone identified by you) of the products as reflected by the carrier’s recorded date of successful delivery, provided they are in a resalable condition. To exercise your right to cancel, you must contact us via email. It is not possible to amend or cancel an order once it has been placed.

You must include a packing slip and/or receipt, with details of your order number. The refund will be made in the form of the original payment. You bear the return shipping costs, unless the products are defective, or incorrect.

Your right to cancel does not affect your rights as a consumer in relation to any defective or incorrect products you may receive. If you receive a defective or incorrect product, please contact us immediately at hello@scrumbles.com with your order number and a description of the problem.

If your order arrives damaged, please get in touch and we’ll be happy to arrange a refund or replacement of the damaged items. In the rare occasion that a parcel goes missing, we will raise a claim with the courier. Please note claims will not be accepted if you have asked DPD to leave the parcel in a safe place including on your front porch, and in these cases the liability falls with the consumer or customer.

Subscription cancellation

You can cancel your subscription at anytime by visiting your Account area. It can take up to 5 working days for cancellations. If you cancel less than 5 days before the next billing date drop us an email or give us a call to see if we can intervene with the dispatch. If the order has already been generated and dispatched you can still return the goods under our standard returns/refund policy

Third Party Sites

Smudge and Friends Petcare Ltd has no control over, and no liability for any third-party websites or materials. Smudge and Friends Petcare Ltd works with a number of partners, vendors, and third-party providers whose Internet sites may be linked with the Site. Because neither Smudge and Friends Petcare Ltd nor the Site has control over the content and performance of these third-party sites, Smudge and Friends Petcare Ltd makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. These third-party sites, and all sites besides this Site, have separate terms and conditions and privacy policies separate from Smudge and Friends Petcare Ltd’s Terms and Conditions and Privacy Policy. It is your responsibility to review each site’s terms and conditions and privacy policy.
Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Smudge and Friends Petcare Ltd makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Smudge and Friends Petcare Ltd is not responsible or liable for any damages claimed in connection with content or products available from such external sites.

Exclusions and Limitations

Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.

Indemnification.

You agree to indemnify, hold harmless and, upon request, defend Smudge and Friends Petcare Ltd and its respective directors, officers, employees, agents, and members from and against all claims and expenses, including attorneys’ fees, arising out of or relating to your browsing or use of this Site, content you transmit to us, your violation of any rights of another, or your breach of these Terms and Conditions, except to the extent arising from Smudge and Friends Petcare Ltd’s negligent act or omission. Smudge and Friends Petcare Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Smudge and Friends Petcare Ltd.

Governing Law and Venue

These Terms and Conditions are governed by English law. You may bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.

Site Operation

The Site is operated by Smudge and Friends Petcare Ltd from its offices in the United Kingdom.

General

These Terms and Conditions and the Privacy Policy set forth the entire understanding and agreement between you and Smudge and Friends Petcare Ltd with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Site, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. The Site may not be maximized for use on all devices or in conjunction with third party software and operating systems.

Mobile Terms of Service

The Scrumbles mobile message service (the "Service") is operated by Scrumbles (“Scrumbles”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Scrumbles’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Scrumbles through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Scrumbles. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Scrumbles or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Scrumbles mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Scrumbles or email

hello@scrumbles.com

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Questions

If you have any questions or comments regarding these Terms and Conditions or the Site, please feel free to contact us by email at