Terms of Use
https://ella.co/ is a website (“Site”) operated by Hello Ella Ltd (“We”, “our”, “us”) registered in England and Wales under company number 11943188 with a registered office at Wadebridge House, 16 Wadebridge Square, Poundbury, Dorset, DT1 3AQ, United Kingdom. Our VAT number is 325225332.
These terms and conditions (“Terms”) govern the relationship between you, the customer (“you”, “your”) and us and the legal terms under which we sell any of the products on our Site or via the telephone, live chat, social media or email. These Terms will apply to any contract between us for the sale of products. Please read these Terms carefully and make sure you understand them before ordering any products from the Site.
You may contact us by writing to us at james@ella.co
These Terms must be read in conjunction with our Privacy Policy.
By using this Site and making a purchase you signify your acceptance of these Terms. If you do not agree to these Terms please exit our website immediately, do not set up an account, log in to and/or enter information into the functional areas of the Site and do not order any products from us. If you refuse to accept these Terms, you will not be able to order any products from our Site. By continuing to use this site you are deemed to have accepted these Terms.
We reserve the right to modify these Terms. From time to time we will amend these Terms so please continue to review them when you access or use the site and when you purchase a product. If you do not agree to the changes, you must cancel your subscription. Details of how to cancel can be found below.
REGISTRATION AND ACCOUNT MANAGEMENT
To purchase any products we require you to register with us using the process outlined on the Site. Registering with us generates a user account (“Account”), which requires you to provide a unique username and information that is detailed within the My Account section of the Site for you (an “Authorised User”) and My Dogs). This Account gives you access to the functional areas of the Site where you can edit information and add information relating to you and your dog(s), and means you are able to purchase products from us.
To register with us, you must be 18 years of age or over on the date of registering.
You must ensure that the details you provide us whether through the Site or any other communication (including email) are accurate and complete.
You must promptly inform us of any changes to the information that you provided us with, including payment details. You can do this quickly and easily within your Account.
If you require the changes to take effect prior to your next delivery you must do this within your Account prior to the cut-off date and time (“Cut-off Period”), which is at 12:00 p.m. two days prior to your delivery date. We reserve the right to change the Cut-off Period and will notify you of this change. You will be unable to make any changes to your order after the Cut-off Period, including but not limited to cancellation, address changes, payment details and box contents. You will be charged for any delivery which is active at the Cut-off Period.
Accounts are non-transferable and you cannot assign, transfer, trade or sell your Account with us to any other party.
As an Authorised User, you agree not to impersonate any other person whilst using our Site. You will not access, store, distribute or transmit any viruses or other material during the Subscription (defined below) that is unlawful, defamatory, obscene, or offensive or which is illegal or promotes violence.
PASSWORD AND SECURITY
When you register with us on our Site you will be asked to create a password which is associated with your Account. It is your responsibility to choose a secure password and keep this safe.
You agree that you will not attempt to copy, modify duplicate, create derivative works from, download, display transmit or distribute any portion of the Site or attempt to decompile, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Site. You will not use the Site or Subscription to provide services to third parties, or attempt to introduce or permit the introduction of any virus or other vulnerability into the Site or our network.
You are responsible for all purchases made on your Account.
You are responsible for all actions and changes to your Account in the My Account section of the Site (including but not limited to change of Dog details, My plan/s, Delivery address and Delivery instructions).
We have the right to disable any Account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows information to log-in to your Account, you must promptly notify us.
ELECTRONIC COMMUNICATION
You must have an Account to purchase any products or make any orders with us.
You must also have correct, accurate and valid payment card details entered on your Account.
When you register an Account and make your first purchase of products with us, you will automatically be subscribed to a regular order of those products from Ella & Co (“Subscription”).
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us (“Effective Date”).
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We only sell to customers within the UK (Northern Ireland, Scotland, England and Wales). Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
The My Plan/s section of the Site allows you to store data relating to your Subscription (“Subscription Data”). We may recommend a certain type of portion size for your pet, based on criteria specified by you within your Subscription Data. Specific factors will influence our recommendation or portion size such as your pet’s age, breed, activity level, weight, body condition, the time period covered, data and feedback you provide. You must keep your Subscription Data up-to-date in order for us to continue to recommend a specific type or portion size for your pet.
PAYMENT
The total price paid by you for our products is the price of the specific box as calculated on the “Effective Date”, plus VAT where appropriate. This cost breakdown will be displayed on the website prior to you confirming the order. You can modify your details and the details of your pet prior to completing the purchase.
You can manage your future orders with us through your Account by using the My Plan/s feature.
The charge for the total price will be charged to the payment card we hold on your Account for you at the Cut-off Period. By providing us with your payment card details, you hereby authorise us to bill the card for the fees charged to you on your initial order at the Cut-off Period, and authorise us to continue to bill your card for all subsequent orders at each Cut-off Period during the term of your Subscription.
If we are unable to take payment from your card, we may still send your order and will require payment from you after this has been sent. We also reserve the right not to process your order or terminate these Terms and end your Subscription.
SUBSCRIPTION
Your Subscription will remain in place unless terminated or cancelled.
Any changes you make to your Account may change the price of your order and the frequency at which it is delivered.
Your Subscription (even if you have signed up for a trial) will remain in effect until it is cancelled.
If you cancel your Subscription and reactivate at a different time the price may be a different price than the price in effect for the plan at the time of cancelling your original Account.
PRODUCT
The images of the products on our website are for illustrative purposes only and the packaging of the product may vary from that shown in images on our website.
We use natural ingredients and we reserve the right to make minor changes to the product without notice and at our sole discretion. In the unlikely event of stock not being available to fill your order, you will be contacted with options on how to proceed. We have the right, from time to time, to vary the specific items in your order to increase or decrease the number of beef, chicken, or fish dishes dispatched to you. If it is necessary to make any major changes to the product we will inform you of this.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
PLEASE NOTE: the products we supply may contain allergens. Please let us know if your pet has any allergies and we will advise you if the product you are interested in is suitable. It is your responsibility to ensure that any food you feed to your pet does not cause an adverse reaction and we cannot be held responsible for any allergic reaction your pet may have or any adverse consequences resulting from an allergy which you have not disclosed to us. Any disclosure must be made in writing.
DELIVERIES AND RETURNS
Please ensure your address, contact details and leave safe information (“Delivery Location”) is kept up-to-date in your Account.
Products ordered from us can be delivered to addresses within the UK (excluding PO Boxes and BFPO addresses). Products will be delivered via our third-party courier(s). Proof of delivery is only obtained under some circumstances. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address.
Delivery dates for your first delivery cannot be selected as we dispatch your order the next working day. Future deliveries run on a regular schedule that is visible to you in the My Plans/s section of the Site. This includes the frequency of your orders and the delivery dates for this.
Should delivery of your order fail due to your inability to take delivery or failure to ensure your Delivery Location is accurate and up-to-date, we reserve the right to cancel or refund your order or apply a redelivery charge. We are not responsible for any failure or delay in delivering a product to the extent that such failure is caused by your responsibilities under these Terms.
Actual delivery times may vary based on the Delivery Location, our stock availability, when you finalise your information on your Account, and circumstances impacting delivery out of our control (including public holidays).
We are not responsible for any delays outside of our control.
You must report missing or undelivered deliveries by emailing us at james@ella.co
Your delivery will be your responsibility from the time we deliver the product to the Delivery Location. We accept no liability for the management of the product after the delivery has been made to the Delivery Location. You will be notified by our third-party courier of when this is.
You acknowledge that the products are perishable and once delivered you must take all steps necessary to ensure that the products are stored according to our recommendations. We will not be liable for any products which spoil due to poor handling or storage after they have been delivered.
We want you to be satisfied with the products you receive from us. If you’re not satisfied please email us at james@ella.co from the email address associated with your user account within 24 hours of delivery. Please include details of the product that you are not happy with and the reason for this. We reserve the right not to refund, credit or discount your account if we believe the product to have been sent in a saleable and suitable condition and that it is the same as your order made with us.
CANCELLATION AND PAUSING
You can cancel or pause your subscription at any time, through the My Plan/s section of our Site.
If you require cancellation or pausing to take effect prior to your next delivery you must do this within your online account prior to the Cut-off Period.
Unfortunately, as the products we sell are perishable, the statutory right under the Consumer Contracts Regulations 2013 to change your mind does not apply.
TERMINATION OR REFUSAL BY US
We reserve the right to refuse or cancel subscription orders at our sole discretion. If we do this, you will only be charged for orders that have been shipped to you.
We may also terminate the contract between you and us if you fail to comply with our Privacy Policy or these Terms.
MEMBER AND INTRODUCTORY OFFERS AND DISCOUNTS
We may offer new and/or existing customers special offers from time to time.
Where we make such offers, introductory offers are only available to new users of the website. Previously registered users do not qualify for an additional offer unless expressly stated. “Previously registered users” refers to any combination of: an Authorised User or user with an Account, credit or debit card, a credit or debit cardholder, a delivery address, a cardholder address, or a household, who has previously made use of our services.
Offers are limited to one individual Subscription, unless otherwise explicitly stated.
We may cancel any special offer, introductory offer or discount at any time without notice.
At our sole discretion, we may restrict who may enter into offers for any reason.
Promotional offers and discounts are available for limited time periods only.
We reserve the right to put any user account(s) or pet profile(s) on hold and prevent outgoing deliveries, and/or remove any offer from any user account(s) where we become aware of or detect any abuse or unfair treatment of the discount scheme (s), referral code(s) and associated reward(s).
We require you to sign up with an Account at our Site in order to redeem any offer, discount or account credit.
Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
Account credits and offers cannot be redeemed for cash.
After any discounted offer you will be charged the full price for subsequent orders until such time as another applicable and valid discounted offer is applied, or you cancel active subscriptions and orders with us.
FORCE MAJEURE
We will not be deemed to be in breach of contract or of these Terms as a result of any failure to perform our obligations or any delay in our performance if that failure or delay is due to any circumstance beyond our reasonable control.
LIMITATION OF LIABILITY
You acknowledge that your use of the Site and its content is at your own risk.
You acknowledge that the feeding guides and recommendation provided by us are intended as a guide only. It is your responsibility as a pet owner to monitor your pet’s weight and condition, and to let us know any changes in either weight or condition as these may impact your tailor-made feeding plan. If you have any concerns about your pet’s weight and condition, please consult your vet. Any advice given by one of our team members, including our in house veterinary nurse, is strictly general in nature, and not specific to your pet. We always recommend speaking to your local vet who knows your pet’s medical history and can examine them in person before changing their diet.
Except for liability which we cannot limit, restrict or exclude by law we shall have no liability to you or any third party for any direct, indirect or consequential losses or damages (including loss of profits), or any other damages of any kind whether or not they were foreseeable to both you and us at the point of sale or when using our Site.
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 for breach of your legal rights in relation to the products.
Customers should be aware that orders from us can be heavy, and so extra care should be taken when accepting delivery and unpacking the contents of the order, doing so directly from the box at ground level if required.
Except as otherwise expressly set out in these Terms, our liability to you shall not exceed the purchase price of the products which are the subject of any dispute between you and us.
VALIDITY OF PROVISIONS AND REMEDIES
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.
WAIVER AND BREACH
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 this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
ASSIGNABILITY
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
THIRD-PARTY RIGHTS
These Terms are solely between you and us. No other person shall have any rights to enforce these Terms.
GOVERNING LAW
These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
