1. Who we are
We are FOREVER PUPPY LTD (company number 12995970) (“we”, “us” and “our”). We are a company registered in England and Wales and our registered office is 85 Great Portland Street, London, W1W 7LT.
2. How we operate
We operate the website www.foreverpuppy.co.uk (“Website”), as a marketplace only to help facilitate communications between you and our selected advertisers (“Vendors”) for your direct purchase from a Vendor of a Puppy (“Puppy” or “Puppies”) and/or a dog (“Dog” or “Dogs) that they describe on our Website. We are neither the buyer nor the seller / Vendor of any of the Puppies or Dogs advertised on our Website (unless where we specifically advertise our own Puppies or Dogs and will in such cases be acting in the capacity as a Vendor only and not the Website owner).
3. Who are you contracting with?
Should you proceed to purchase a Puppy or Dog that is advertised on our Website, the contract formed for that purchase (“Contract”) is one MADE SOLELY BETWEEN YOU AND THE VENDOR. We are not a party to that Contract. As such, we are not liable for the Contract, its performance or for any claim or dispute arising out of or in connection with it. We are also not acting as an agent for/of the Vendor.
4.1 How to contact us. To contact us, please complete the form in the Contact Us section of the website or email us on [email protected]
4.2 How we may contact you. If we need to contact you we will do so by writing to you at the email address you provided to us when you created your Customer account or via the messaging section of your Customer Dashboard (see 12 below).
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
6. These terms
6.3 Confirmation. You will be asked to agree to these Terms by checking the tick box whilst you create a customer account. If you refuse to accept these Terms, you will not be able to create a customer account. Please ensure that before you create your customer account, you have read and are happy with these Terms and accept that we do not give any guarantee or warranty as to the Puppies or Dogs being advertised, the Vendors or the terms of the Contract formed.
6.4 Why you should read them. Please read these terms carefully before you contact one of our Vendors. These terms tell you who we are, who you will be contracting with (the Vendor), your rights and responsibilities of being a registered user / customer (“Customer”) on our Website, what to do if there is a problem, how to report a Vendor and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
6.5 Updates to these Terms. The Terms (and the documents referred to in them) may be updated from time to time. We will notify you either by email (if you have an email address registered with us) or by notice on our Website. As such, please ensure that you check these Terms every time you wish to contact a Vendor or enter into a Contract so that you are sure you understand the terms that will apply at that time. These Terms were most recently updated on 12 May 2022.
6.6 Record Keeping. We suggest that you print a copy of these Terms or save them to your computer for future reference. As we are not a party to the Contract formed, we will not file a copy of the Contract between you and the Vendor.
6.7 Language & Jurisdiction. These Terms are set out only in the English language. Any dispute or claim arising out of or in connection with these Terms shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
7. How to become a Registered User (Customer)
7.1 You can register to become a Customer for free by creating an account on our Website. By creating an account, you agree that all the information you provided when opening your Account is accurate and complete and that you are not opening an account on someone else’s behalf.
7.2 To be eligible to become a Customer, you must:
(a) only hold one online account with us.
(b) be at least 18 years of age
(c) reside in the United Kingdom
7.3 Information that is required during your Customer registration is your: email address, first name, last name.email address
7.4 We do not allow names deemed to be offensive or which suggest you are someone other than whom you are. You may be asked to change your name if necessary.
7.5 If you register for a Customer account with our Website, your email address will be your user ID. You will also be asked to choose a password. You must keep your password confidential and secure and you are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7.6 You will continue to be a Customer with us until you or we terminate your account in accordance with these Terms.
7.7 Fees. It is free to become a Customer on our Website and to use our Dashboard and message our Vendors and save your favourite adverts.
8. Our Vendors
8.1 If you are registered as a Customer on our Website, information on a Vendor, including their company name (if applicable), and their contact details will be displayed on each of their advertisement’s pages / by clicking on the Vendor’s name in any advert. We will also list if a Vendor is a private seller or a registered breeder.
8.2 Please note that we cannot be held responsible for the accuracy of any statement made by a Vendor advertising on our site. Likewise, we are not able to verify the credibility of all private Vendors. If you using this Website, you acknowledge this and agrees that it is your responsibility to verify all statements made, the contents of the Contact proposed by the Vendor and all documentation offered by either a private Vendor or registered breeder Vendor. As such, you shall not hold us responsible for any loss suffered by you entering into a Contract with any Vendor on our Website, either private or a registered breeder.
8.3 Before you enter into a Contract, you confirm that you have read our Buyer's Guide. We strongly advise that you visit an Vendor at their home or place of business to view the Puppies and Dogs for sale before you enter into a Contract. Where this is not possible, you should use Videocall to speak to the Vendor and view the Puppies and Dogs for sale.
8.4 Welfare. The welfare of the puppies and dogs advertised on our website is of paramount importance to us and we believe this is reflected in how we operate. We fully uphold and agree to meet the government-approved minimum standards as laid down by PAAG (The Pet Advertising Advisory Group) which was set up in 2001 to combat growing concerns regarding the irresponsible advertising of pets for sale. PAAG aims to raise public awareness of the need to act responsibly when looking to buy pets advertised on websites and the need to carry out research before making a purchase. Read more about PAAG here
8.5 When using the ‘email seller’ option to contact a Vendor, any personal details you enter will be forwarded to the Vendor so they can contact you.
8.6 When sending an email to a Vendor through our services, you accept that we cannot guarantee that the email will be delivered successfully.
The price of of the Puppy or Dog (which includes VAT) is indicated on the Vendor’s advertisement page for that particular animal and is per Puppy / Dog, not per litter. Our Vendors take all reasonable care to ensure that the price of the Puppy or Dog advised is correct. However, it is always possible that, despite our, and our Vendor’s best efforts, the price displayed may be incorrect. Please confirm the price of the Puppy or Dog you want with the Vendor directly before entering into a Contract with them.
10. Changing Account
You can convert your account from that of a Customer to a Vendor by clicking the ‘Create Ad’ button on the Account page of your Dashboard and following the instructions. You will need to agree to our Vendor Terms and supply additional personal information during this conversion process.
11. Use of Dashboard
11.1 Once you have registered as a Customer, you will have access to your Customer Dashboard (“Dashboard”) where your personal details are managed and you can communicate with our Vendors about any Puppies or Dogs they advertise.
11.2 On our Dashboard, you can:
(a) manage the details of your account with us;
(b) Save favourite adverts;
(c) access our messaging area where you can correspond with Vendors about one of their adverts; and
(d) See a Vendor’s contact details on their adverts.
11.3 You must not use our Website, including the Dashboard and the messenger service in our Dashboard in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
11.4 You must not use our Website, Dashboard or the messenger service in our Dashboard to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
11.5 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, our list of Vendors or the adverts on our Website without our express written consent.
11.6 You must not use our Website, including the Dashboard and our messenger service in our Dashboard to store, transmit or send unsolicited commercial communications or store or transmit any illegal, unlawful or immoral content.
11.7 You must not use our Website, including the Dashboard and our messenger service for any purposes related to marketing without our express written consent.
12. Using our Dashboard Messenger Contact Service
12.1 In order to secure the privacy of our Vendors, we restrict access to our Vendor’s contact details in their adverts to only those who have created a Customer or Vendor account. Once you have signed in, you will be able to see the contact details of a Vendor on each of their advert pages.
12.2 You can also contact us or a Vendor via the Messaging service in your Customer Dashboard.
12.3 When contacting our Vendors, please:
(a) treat them with courtesy and respect. Any communications containing abuse, hate speech or defamation are strictly prohibited;
(b) do not contact them with unsolicited opinions, comments, or judgements about the content of the adverts they have posted or the Vendor themselves;
(c) ensure all replies to adverts are related to your intention to purchase a Puppy(ies) or Dog(s) from our Vendors only and you do not use the contact feature to solicit commercial offers to our Vendors; and
(d) Do not impersonate other Customers or Vendors.
12.4 We reserve the right to delete or ban any Customer who we deem, in our absolute discretion, to be using our contact service inappropriately or who breaches any of the contact stipulation in 12.3 above.
13. Receiving Inappropriate Replies
13.1 If you receive a reply from a Vendor that you feel is inappropriate or a Vendor becomes rude mid-conversation, please do not reply. You can report the Vendor to us by clicking the ‘Report Post’ button on the Vendor’s advert page (see 14.1 below).
13.2 If the reply is threatening or hateful, please do not hesitate to report it to [email protected]
14. Reporting an Advert
You can report any advert from its page. You’ll find the report button on the right, just below the seller’s contact details. Please report an advert if you think it is: illegal or fraudulent; inappropriate of offensive; a duplicate; or spam;
15. Disagreements with Vendors
15.1 We do our upmost to verify and monitor all of our Vendors, however, if you think you have been defrauded by a Vendor or your Contract with the Vendor broke any laws, we ask that you initially try to resolve any disagreement directly with the Vendor.
15.2 If you are unable to resolve your problem with the Vendor directly, we ask that you please bring such a grievance to our attention.
15.3 Mediation. We shall aim to act as an independent mediator between you and the Vendor, but as we are not a party to the Contract formed, we have no influence over either party. If you are not satisfied with our suggested resolution, you have the right to contact your local police to report the incident and get a reference number. If the police take the matter further, the investigating police officer will contact us. We'll do all we can to provide the police with any information that helps their investigation. This may include copies of the messaging communications sent between you and the Vendor. Your acceptance to these terms is your acceptance of our accessing and disclosing these messages for this purpose.
15.4 Report to the Police. If you report your case to the police, they will decide if it should be investigated as a crime or civil dispute. If they feel that your complaint doesn't involve a criminal intent by the Vendor, they may advise you to take your own civil action for compensation. In any case, we are always happy to help the police in their investigations.
15.5 How Do I Make a Police Report? The simplest way is to go to your local police station or call the local police operator on a non-emergency number. In most cases, your report can be taken by telephone and followed up later. To report fraud and cybercrime, you can also file a report online through Action Fraud
15.6 What Evidence Do I Need? The police may need these from you:
(a) Essential details such as the nature, date and time of the offence;
(b) The name and contact details of the victim and suspect(s);
(c) Any email exchanges between you and other person;
(d) The Advert ID number
(e) If relevant, a printed copy of the Vendor’s advert on our Website.
Some of these details will be available via your Customer Dashboard.
16. Responsible Disclosure
16.1 In the event you discover a vulnerability with our Website (including the Dashboard), please notify us immediately.
16.2 As we would need some time to review your discovery, we kindly ask that you give us a reasonable amount of time to revert back to you before you make any information public regarding the vulnerability and make a good faith effort to avoid destruction of data and interruption or degradation of our service during your research.
16.3 In the event we believe you are not acting in good faith, we reserve all rights to bring a claim against you or ask law enforcement to investigate.
17. Our and the Vendor’s responsibility for loss or damage suffered by you.
17.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, insofar as they relate to us, we are responsible for the loss or damage you suffer that is a foreseeable as a result of us failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen.
17.2 The Vendor is responsible to you for foreseeable loss and damage caused by them. If the Vendor fail to comply with these terms, they are responsible for the loss or damage you suffer that is a foreseeable result of them failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you entered into a Contract with them and both you and the Vendor knew it might happen. For example, if you discussed it with the Vendor during the ordering process.
17.3 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 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
17.4 The Vendor does not exclude or limit in any way their liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the receipt of a Puppy or Dog sold to you or for any matter in respect of which it would be unlawful for us to exclude or restrict liability.
17.5 We and the Vendor are not liable for your losses. If you are a consumer, the Vendors only supply the products to you for domestic and private use. If you are a Business (such as a Vendor purchasing from another Vendor), our and the selling Vendor’s liability to you will be limited to that set out in clause 17.3 and/or 17.4 respectively.
17.6 Subject to clauses 17.3 and/or 17.4:
(a) We and the Vendors 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 or agreement between you and us or you and the Vendor; and
(b) As we are acting solely as a communication intermediary between you and the Vendor, our total liability to you for all other losses arising under or in connection with a breach of our duties under these terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £10 (ten pounds sterling).
(c) The Vendor’s total liability to you for all other losses arising under or in connection with any Contract between you and the Vendor, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for any Puppies or Dogs sold under said Contract.
18. Other Important Terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
18.2 Consent to transfer. You may only transfer your rights or your obligations under these terms to another person (transfer your account or give access to your account to another) if we agree to this in writing.
18.3 Nobody else has any rights under these Terms or a Contract. These Terms (insofar as they relate to us) is between you and us. Similarly, the Contract is between you and the Vendor directly and only. As such, no other person shall have any rights to enforce any of its terms whether under these Terms, the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.4 If a court finds part of these Terms 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.
18.5 Even if we delay in enforcing these Terms, 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 these Terms, 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.
19. Model Cancellation Form
For your assistance, below is a template of a model cancellation form you may be able to use (circumstances depending) to cancel any Contract you may have entered into with a Vendor. This is for informational purposes only.
Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the Contract with the Vendor)
To [VENDOR’S NAME]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods ________________________________________________ ordered on [*]/received on [*] __________________________________.
Name of consumer(s): ______________________________
Address of consumer(s): __________________________________________________
Signature of consumer(s) (only if this form is notified on paper): ___________________
[*] Delete as appropriate
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