Terms of service
CONDITIONS FOR THE SUPPLY OF GOODS
INTERPRETATION
The definitions and rules of interpretation in this condition apply to these Conditions.
Buyer: The person, firm or company that purchases the Goods from ZOO FOODS.
Contract: Any contract between ZOO FOODS and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.
Goods: Any goods agreed in the Contract to be supplied to the Buyer by ZOO FOODS, including any part or parts thereof.
ZOO FOODS: Live products and supplies.
1. APPLICATION OF TERMS
1.1 The Buyer must be aged 16 years or over to purchase livestock from ZOO FOODS.
1.2 By purchasing livestock, the Buyer confirms that they have the homeowner's permission to keep the species at the property and have discussed the purchase with any other members of their household.
1.3 ZOO FOODS reserves the right to refuse any order for any reason, including, but not limited to, a known history or reputation for mistreatment of animals.
1.4 Payment for all items must be made in advance and in full. No credit facility is available.
1.5 By purchasing livestock from our website, the Buyer confirms that they have fully researched the species, its care requirements, and any potential risks or dangers associated with owning the animal.
1.6 By purchasing livestock from our website, the Buyer agrees to have a suitable enclosure prepared and ready to house the species on the day of delivery.
1.7 Many invertebrates possess some level of toxicity, whether through a bite, sting, venom or other means. The potential effects can range from very mild to very severe. ZOO FOODS cannot accept responsibility for injuries caused by livestock, except where such liability cannot lawfully be excluded.
1.8 Unless otherwise specified, photographs displayed on the ZOO FOODS website are representative of the species. They are not necessarily photographs of the actual animal that the Buyer will receive, nor should the size of the animal shown in the photograph be taken as an indication of the size of the animal supplied. Approximate sizes are clearly stated when selecting the animal.
1.9 Unless otherwise stated, sizes are measured by leg span. Where size is measured by body length or another measurement, this will be clearly stated. All stated sizes are approximate. Although ZOO FOODS endeavours to provide accurate measurements, variations may occur.
1.10 Unless otherwise specified, all items are sold individually. Items sold in multiples, such as isopods, cockroaches and similar species, will be clearly identified on the website. Livestock listed as a “Sexed Pair” will consist of two specimens: one male and one female.
1.11 The health of all livestock is closely monitored. All imported livestock is quarantined in a separate building or location for a minimum period of four weeks. Livestock supplied by ZOO FOODS will be free from any visible signs of ill health or parasites at the time of dispatch. ZOO FOODS cannot accept responsibility for any illness, disease or other health condition that subsequently develops, except where such liability cannot lawfully be excluded.
1.12 ZOO FOODS guarantees the live arrival of livestock, subject to the following conditions:
(a) The delivery address provided by the Buyer is correct;
(b) Someone is available at the delivery address to receive the parcel on the first delivery attempt; and
(c) The Buyer contacts ZOO FOODS within two hours of receiving the package.
(a) ZOO FOODS strongly recommends that the Buyer records a video of the package being opened and the animal being unpacked. Photographic evidence of a deceased animal may be required, and an uninterrupted unpacking video provides the strongest form of evidence.
(b) ZOO FOODS photographs livestock as it is prepared and packed for delivery. These photographs may be used to verify the identity and condition of the animal supplied.
(c) All claims relating to livestock arriving deceased (“DOA”) will be considered by ZOO FOODS on a case-by-case basis. Any remedy offered will be at the sole discretion of ZOO FOODS, subject to the Buyer's statutory rights.
1.13 The Contract, together with any particulars set out in ZOO FOODS' pricing offer, shall be subject to these Conditions to the exclusion of all other terms and conditions, including any terms or conditions that the Buyer purports to apply under any purchase order, confirmation of order, specification or other document.
1.14 These Conditions apply to all sales made by ZOO FOODS. No variation to these Conditions, and no representation concerning the Goods, shall have effect unless expressly agreed in writing by ZOO FOODS.
1.15 Each order or acceptance of pricing for Goods placed by the Buyer with ZOO FOODS shall be deemed to be an offer by the Buyer to purchase the Goods subject to these Conditions.
1.16 No order placed by the Buyer shall be deemed to have been accepted by ZOO FOODS until ZOO FOODS issues a written acknowledgement of order or, if earlier, delivers the Goods to the Buyer.
1.17 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
1.18 Any quotation is given on the basis that no Contract shall come into existence until ZOO FOODS dispatches an acknowledgement of order to the Buyer.
2. PRICE
2.1 The price payable for the Goods shall be ZOO FOODS' current price for the Goods at the time of delivery. All prices are subject to alteration by ZOO FOODS without notice to the Buyer. ZOO FOODS reserves the right to correct any clerical or typographical errors made by its employees at any time.
2.2 The price for the Goods shall be inclusive of any applicable value added tax and exclusive of all costs or charges relating to packaging, loading, unloading, carriage and insurance (collectively referred to as “Shipping Costs”). The Buyer shall pay all Shipping Costs in addition to the price of the Goods when payment becomes due.
3. DELIVERY
3.1 ZOO FOODS reserves the right to delay any shipment if temperatures fall or rise to a level that ZOO FOODS reasonably considers may harm the animal or animals during transit. ZOO FOODS will endeavour to inform the Buyer at the earliest reasonable opportunity.
3.2 Unless otherwise agreed in writing by ZOO FOODS, delivery of the Goods shall take place at the delivery address specified by the Buyer (the “Delivery Point”).
3.3 Subject to the other provisions of these Conditions, ZOO FOODS shall not be liable for any direct, indirect or consequential loss, including, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill or similar loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods, except where such liability cannot lawfully be excluded.
3.4 If, for any reason, the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the carrier is unable to deliver the Goods because the Buyer has not provided correct instructions or authorisations:
(a) risk in the Goods shall pass to the Buyer; and
(b) the Goods shall be deemed to have been delivered.
3.5 Orders placed by 9:00 AM will be dispatched either the same day or the following business day, depending on order volume.
Orders placed after 9:00 AM on Thursday will ship on the first business day following the weekend..
4. INSPECTION
4.1 The Buyer shall inspect the Goods immediately upon delivery and shall notify ZOO FOODS in writing in the event of:
(a) any damage or shortage, within two hours of delivery of the consignment; or
(b) any other matter or circumstance by reason of which the Buyer alleges that the Goods do not conform to the Contract, within two hours for livestock and 24 hours for dry goods.
4.2 The quantity of any consignment of Goods recorded by ZOO FOODS upon dispatch from its place of business shall be conclusive evidence of the quantity received by the Buyer on delivery, unless the Buyer can provide conclusive evidence to the contrary.
4.3 ZOO FOODS shall not be liable for any non-delivery of Goods, even if caused by the negligence of ZOO FOODS, unless the Buyer gives written notice to ZOO FOODS of the non-delivery within two hours of the date and time on which the Goods would, in the ordinary course of events, have been received. This will normally be by 3:00 p.m. on the expected delivery date.
4.4 Any liability of ZOO FOODS for non-delivery of the Goods shall be limited, at ZOO FOODS' option, to replacing the Goods within a reasonable period or issuing a credit note or refund at the pro rata Contract rate against any invoice raised for such Goods.
5. QUALITY
5.1 ZOO FOODS warrants that, subject to the other provisions of these Conditions, upon delivery the Goods shall:
(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
(b) be reasonably fit for any particular purpose for which the Goods are being bought, provided that the Buyer has made that purpose known to ZOO FOODS in writing and ZOO FOODS has confirmed in writing that it is reasonable for the Buyer to rely upon the skill and judgement of ZOO FOODS.
5.2 ZOO FOODS shall not be liable for a breach of the warranties in clause 5.1 unless:
(a) the Buyer gives written notice of the defect to ZOO FOODS and, where the defect results from damage in transit, gives notice to the carrier within two hours of the time when the Buyer discovers or ought reasonably to have discovered the defect; and
(b) ZOO FOODS is given a reasonable opportunity, after receiving the notice, to examine the relevant Goods.
5.3 ZOO FOODS shall not be liable for a breach of the warranties in clause 5.1 if:
(a) the Buyer makes any further use of the Goods after giving notice of the defect; or
(b) the defect arises because the Buyer failed to follow ZOO FOODS' oral or written instructions regarding the storage, installation, commissioning, use or maintenance of the Goods or, where no such instructions have been provided, failed to follow good trade practice.
5.4 Subject to clauses 5.2 and 5.3, if any of the Goods do not conform with any of the warranties in clause 5.1, ZOO FOODS shall, at its option, replace the Goods, issue a credit note or refund the price of the Goods at the applicable pro rata rate.
5.5 If ZOO FOODS complies with clause 5.4, it shall have no further liability for a breach of any of the warranties in clause 5.1 in respect of those Goods, except where such liability cannot lawfully be excluded.
6. LIMITATION OF LIABILITY
6.1 Subject to clauses 3, 4 and 5, the following provisions set out the entire financial liability of ZOO FOODS, including any liability for the acts or omissions of its employees, agents and subcontractors, to the Buyer in respect of:
(a) any breach of these Conditions, including any deliberate or repudiatory breach of these Conditions by a party or by its employees, agents or subcontractors;
(b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
(c) any representation, statement or tortious act or omission, including negligence, arising under or in connection with the Contract.
6.2 All warranties, conditions and other terms implied by statute or common law, save for those conditions implied by section 12 of the Sale of Goods Act 1979, are, to the fullest extent permitted by law, excluded from the Contract.
6.3 Nothing in these Conditions excludes or limits the liability of ZOO FOODS:
(a) for death or personal injury caused by the negligence of ZOO FOODS;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for any matter in respect of which it would be illegal for ZOO FOODS to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
6.4 Subject to clauses 5.2 and 5.3:
(a) ZOO FOODS' total liability in contract, tort, including negligence or breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) ZOO FOODS shall not be liable to the Buyer for loss of profit, loss of business or depletion of goodwill, whether direct, indirect or consequential, or for any claims for consequential compensation whatsoever, however caused, arising out of or in connection with the Contract, except where such liability cannot lawfully be excluded.
7. CANCELLATION
Cancellation or changes to an order may be made up until the applicable cut-off time for delivery. These times are listed in the Shipping Policy and on the ZOO FOODS FAQ page.
Changes or cancellations requested after the applicable cut-off time but before the parcel has been collected by the carrier will be considered on a best-efforts basis and cannot be guaranteed.
If the Goods have already been delivered, the Buyer must follow the applicable returns procedure.
8. RETURNS AND REFUNDS
ZOO FOODS will accept returns of dry goods within 30 days of purchase, provided that the Buyer can provide proof of purchase and the Goods are returned in a resalable condition.
For the purposes of this clause, “resalable condition” means unused, unworn, unopened and undamaged.
Refunds will be issued using the original payment method or, at ZOO FOODS' discretion, as credit applied to the Buyer's account for a future purchase, subject always to any applicable statutory rights.
8.1 LIVE ANIMALS
ZOO FOODS does not accept returns of livestock.
9. ASSIGNMENT
9.1 ZOO FOODS may assign the Contract, or any part of it, to any person, firm or company.
9.2 The Buyer shall not be entitled to assign the Contract, or any part of it, without the prior written consent of ZOO FOODS.
10. FORCE MAJEURE
ZOO FOODS reserves the right to defer the date of delivery, cancel the Contract or reduce the volume of Goods ordered by the Buyer, without liability to the Buyer, if ZOO FOODS is prevented from or delayed in carrying on its business due to circumstances beyond its reasonable control.
Such circumstances may include, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, epidemic, pandemic, lock-outs, strikes or other labour disputes, whether or not relating to either party's workforce, restraints or delays affecting carriers, or the inability or delay in obtaining adequate or suitable supplies or materials.
If the relevant event continues for a continuous period exceeding 180 days, the Buyer shall be entitled to give written notice to ZOO FOODS terminating the Contract.
11. GENERAL
11.1 Each right or remedy of ZOO FOODS under the Contract is without prejudice to any other right or remedy of ZOO FOODS, whether under the Contract or otherwise.
11.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, that provision shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable. The remaining provisions of the Contract, and the remainder of the affected provision, shall continue in full force and effect.
11.3 Failure or delay by ZOO FOODS in enforcing, or partially enforcing, any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
11.4 Any waiver by ZOO FOODS of any breach of, or default under, any provision of the Contract by the Buyer shall not constitute a waiver of any subsequent breach or default and shall not affect the other terms of the Contract.
11.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
11.6 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with English law. The parties submit to the exclusive jurisdiction of the courts of England and Wales.