THESE TERMS AND CONDITIONS APPLY TO ALL SALES AND PURCHASES OF DOGS MADE VIA WWW.TAILWISE.COM.
- "Collection" means collection of the Puppy from the Breeder by the Seeker which must occur at the Breeder's address and in the presence of the Puppy's mother/dam.
- "Collection Date" means the date, agreed between the Breeder and Seeker, on which Collection will occur.
- "Dog Health information" means the information about the Puppy, its parents and grandparents, and these animals' health and temperament.
- "Future Health and Welfare Needs" means the measures that should be taken to ensure that the Puppy is and remains in Good Health and is properly housed, fed, watered, trained, socialised and exercised and that it receives appropriate veterinary attention.
- "Good Health" means a condition of health free of parasites and congenital defects and of reasonably sound physical condition and temperament.
- "Listing Price" means the price stated for the Puppy as offered by the Breeder and accepted by the Seeker via the Website.
- "Puppy" means the dog described in the Puppy Information.
- "Puppy Information" means the information about the Puppy supplied by the Breeder to the Seeker via the Website, which sets out the Dog Health Information and Future Health and Welfare Needs.
- "Website" means www.tailwise.com.
Sale and Purchase
- In consideration of the Listing Price (inclusive of VAT, if applicable) the Breeder sells and delivers to the Seeker the Puppy on the Collection Date.
- At least 48 hours prior to the Collection Date, the Seeker shall pay the Listing Price to the Breeder via the Website (or as otherwise directed by the Website).
- Completion of the sale and purchase of the Puppy shall occur upon Collection.
Breeder WarrantiesThe Breeder warrants at the Collection Date:
- that the Puppy sold under this Contract is the same puppy that the Seeker has previously selected;
- that any genetic health checks and health screen set out in the Puppy Information have been carried out on the Puppy's parents;
- that the Puppy is not the result of a mating of two individuals related within two generations;
- that the Puppy is in Good Health, other than as the Breeder specifically informs the Seeker before the Collection Date;
- that he/she has supplied the Puppy Information via the Website and has communicated to the Seeker:
- the ramifications of buying the Puppy given the Dog Health Information, any genetic health checks and health screening and the particular considerations that are likely to affect the Puppy given its breed;
- the measures that should be taken, whether by neutering, contraception or otherwise, to guard against unwanted pregnancy; and
- the Future Health and Welfare Needs of the Puppy;
- that the information contained in the Puppy Information supplied to the Seeker under clause 3e above is accurate and materially complete (to the best of the Breeder's knowledge and belief where the information is supplied by a third party) and all diagnostic tests for the Puppy have been undertaken as recorded in the Dog Health Information and that reasonable care and skill is and/or will be used when explaining to the Seeker the Future Health and Welfare Needs of the Puppy;
- that the Puppy is more than 8 weeks old at the date of Collection;
- that the Puppy has received adequate care and that the Breeder has provided it with the opportunity to socialise with dogs, humans and other animals it is likely to come into contact with and it has been habituated to the sounds and experiences of typical family life;
- that, where appropriate, the Breeder has provided the Seeker with all relevant registration papers and pedigree certificate and that any pedigree indicated for the Puppy is accurately stated; and
- he/she is in compliance with all relevant laws and regulations and, if required to do so under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, the Breeding and Sale of Dogs (Welfare) Act 1999 or any other animal welfare legislation, he/she has a valid license from the relevant local authority.
Seeker WarrantiesThe Seeker warrants at the Collection Date:
- that he/she understands the information provided to him/her under clauses 3b-e above;
- that he/she in good faith believes that he/she will be able, and intends, to meet the Puppy's Future Health and Welfare Needs;
- that neither he/she nor any member of his/her household has been cautioned for or convicted of an animal welfare law violation such as neglect, cruelty or abandonment;
- that in the event that he/she is no longer able or willing to provide a home for the Puppy or otherwise to meet the Puppy's Future Health and Welfare Needs he/she will contact the Breeder, have regard to any advice and recommendations that the Breeder provides and, if appropriate, consider returning the Puppy to the Breeder.
LiabilitiesEach party acknowledges:
- that the Puppy is a living creature with interests independent of both Seeker and Breeder;
- that in the event of the Puppy suffering any pain or discomfort as a result of any breach of the obligations set out in this Contract the party not in breach shall be entitled to recover from the party in breach damages for such distress and inconvenience as the party not in breach can establish he/she has suffered; and
- nothing in this Contract affects the Seeker's statutory rights including any warranty of satisfactory quality of the Puppy implied by sale of goods legislation or other law.
GeneralThis Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.