Terms and Conditions

These Terms and Conditions govern your use of the application and website accessed through https://Flaffyapp.com/ (the “Website”) and any orders you place through the Website. Please read these Terms and Conditions carefully as they affect your liabilities under the law. These Terms and Conditions govern your access to and use of BAVL Pets and Paws Limited (“Flaffy”)’s app, products and services. By using the application, you are deemed to accept the Terms and Conditions and, before proceeding with an order, you will be required to show that you have read and understood them by clicking on the “I accept” button at the end of these Terms and Conditions. By agreeing Flaffy’s Terms and Conditions, you also confirm that you read, understand and agreed to our Privacy Policy and our Cookies Policy. Please note that to purchase a good from Flaffy app, you will be required to accept these Terms and Conditions each and every time. If you do not agree to these Terms and Conditions, please do not register for use Flaffy App or the Website.

1. Ownership and Intellectual Property

1.1. The App and the Website is owned and operated by us, BAVL Pets and Paws Limited, a company registered in England and Wales under company number 12727232.
1.2. The App and Website and all of their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selections and arrangement thereof), are owned by BAVL Pets and Paws Limited (Flaffy), its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. These Terms and Conditions grant you a personal, non-exclusive, non-transferable, recoverable license to access and use the App and Website. You may access the material on the App or Website only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of publicly display, publicly perform, republish, download, store or transmit any of the material on our App or Website, except as incidental to normal web browsing, such as making of temporary copies in RAM or the cache of your Internet browser, and for features of the App and Website that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by the App and Website. With respect to our mobile applications, you may download a single copy to each of your mobile devices solely for your own personal, non-commercial use, provided you agree to be bound by these Terms and Conditions. You must not: Modify copies of any materials from the App or the Website. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the App or the Website. Reverse-engineer or otherwise attempt to steal the software code of the App and Website. Any use of the App or the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other applicable laws.
1.3. No licence is granted to you in these Terms and Conditions to use any trademark whether registered or unregistered of either BAVL Pets and Paws Limited and/or its group of companies.

2. Your Flaffy Account

2.1. If you use Flaffy App or Website, you are responsible for:
2.1.1. Maintaining the confidentiality of your account and your password,
2.1.2. Restricting access to your computer to prevent unauthorized access to your account.
You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
2.2. You must ensure that the details provided by you on registration at the App/Website or at any time are correct and complete.
2.3. You must inform us immediately of any changes to the information that you provided when registering by updating your personas details.
2.4. On the App or Website, we sell products for purchase only people aged 18 or over. People aged under 18 may use the App or Website only with the involvement and supervision of a parent or guardian. The parent or guardian is required to accept these Terms and Conditions and place any order for the person aged below 18. By using the App and Website, you confirm that you are aged 18 or over.

3. App/Website Information and Availability

3.1. Whilst we take every care to ensure the information on the App and the Website is accurate and complete, some of it may be supplied to use by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, subject to condition 6 below, the Website is provided "AS IS" with warranties excluded to the fullest extent permissible by law. Subject to condition 6 below, we do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the App or the Website or interruption in availability.
3.2. If a fault occurs in the service of the App or the Website, you should report it to Customer services by e-mail [email protected] We will correct the fault as soon as we reasonably can.
3.3. Your access to the App or the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

4. Other Promotions, Vouchers, Competitions and Advertisement

4.1. From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the App and the Website. Each such offer and or voucher shall be subject to its own express terms, however each offer or promotion will be subject to availability at all times. Your statutory rights will not be affected.
4.2. Coupons, discounts and promotional discount codes offered in Flaffy are valid only for use as part of a purchase in contracted companies, unless otherwise stated by Flaffy.
4.3. The App and the Website may present advertisements for or links to third party websites, products, and/or service. We are not responsible for the availability of these Third-Party Ads, or the images, messages, or other materials contained therein. Neither Flaffy nor any of its affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of or reliance on the Third-Party Ads, including goods, products or service by such Third-Party Ads.

5. Limitations

5.1. You cannot use the App and the Website for:
5.1.1. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
5.1.2. Transmitting any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
5.1.3. Interfering with any other person's use or enjoyment of the App and the Website;
5.1.4. Breaching any laws concerning the use of public telecommunications networks;
5.1.5. Interfering or disrupting networks or websites connected to the Website; or
5.1.6. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
5.2. You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
5.3.1. Any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
5.3.2. Any claim by any third party that the use of the Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and/or
5.3.3. Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.

6. Our Liability, Limitation of Liability and Disclaimer

6.1. These Terms and Conditions shall not exclude or restrict our liability:
6.1.1. For death or personal injury caused by our negligence;
6.1.2. Under section 2(3) of the Consumer Protection Act 1987;
6.1.3. For fraud or fraudulent misrepresentation;
6.1.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.2. You expressly understand and agree that: To the fullest extent permissible by applicable law, in no event shall the Flaffy, or any content owner, third party licensor, nor Flaffy’s respective directors, officers, employees, agents, contractors, subsidiaries or affiliated companies will be liable for any indirect, incidental, punitive, special, consequential or exemplary damages (even if Flaffy or content owners have been advised of the possibility of such damages) or loss of any kind arising from your use of the Flaffy app service or from content, information, materials or products included on or otherwise made available to you through the Flaffy service, or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages. Flaffy shall use reasonable efforts to protect personal information submitted by you in connection with the Flaffy service and shall use information in accordance with the Flaffy Privacy Policy. You acknowledge and agree that your submission of any information is at your sole risk, and to the maximum amount permitted by applicable law, Flaffy hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

7. Flaffy’s Right to Cancel or Suspend Your Registration

7.1. Flaffy may suspend or cancel your registration to the Flaffy App or Website immediately or restrict or prevent your access to the App and Website at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.
7.2. Users of the Flaffy can also cancel this agreement at any time after giving us prior notice in writing. If you do so, you must stop using the App and the Website.
7.3. The suspension or cancellation of your registration to the App and the Website and/or use the Flaffy App or the Website shall not affect either party’s rights or liabilities.

8. Ordering Goods

8.1. All orders placed through the Flaffy App or Website will be subject to our acceptance of the order.
8.2. When you submit an order to us either on the App or the Website, you will receive a confirmation e-mail that we have received your order. Please note that this mail does not mean that your order has been accepted. The contract between Flaffy and you will be only formed when we send to you a dispatched confirmation e-mail. The contract will relate only to those products whose dispatch we have confirmed with a dispatch confirmation e-mail. Flaffy will not be obliged to supply any other products which may have been in your order until the dispatch of such goods has been confirmed in separate dispatch confirmation.

9. Pricing and Payment

9.1. Prices may change at any time, but changes will not affect orders in respect of which we already sent you a dispatched confirmation e-mail.
9.2. Payment for all our goods, either by credit or debit card, will be taken from your card at the time we receive the order. Any payment made to us will be refunded if we do not accept your order.
9.3. Flaffy cannot guarantee that a particular product will be always available.
9.4. Your credit card company may also do security checks for confirmation and security reasons.

10. Refunds Policy

10.1. If the goods, that you want to refund, are not defective, we will process the refund due to you as soon as possible and in any case, within 14 days of the day that we receive the goods in question back from you or you provide evidence to use that you have returned the goods to us. In this case, we will refund the price of the goods in full together with the original delivery charge, but not he costs you incur in returning the item to us,
10.2. If you claim that the goods are defective, we will examine the returned goods and will notify you of your refund by either e-mail or phone within a reasonable time. returned goods and will notify you of your refund by either post, telephone or email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective goods.
10.3. Unless we have agreed otherwise, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11. Risk and Title of the Products

11.1. The goods that you have purchase through Flaffy App or Website will be at your risk from the time of delivery.
11.2. The title of the Flaffy products will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.

12. Written Communications

12.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website.
12.2. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. Notification of Changes

13.1. We may revise and change these Terms and Conditions from time to time to better reflect to following:
13.1.1 Changes to the law
13.1.2. New regulatory requirements
13.1.3. Improvements or enhancements made to our services
13.2. If an update affects your use of our services or your legal rights as a user of Flaffy, we will notify you prior to the update’s effective date by sending an email to the e-mail address associated with your account.

14. Waiver

14.1. If we fail, at any time during the term of any Contract between us, to insist upon strict performance of any of your obligations under any Contract between us or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under any Contract between us, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15. Force Majeure Events

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
15.2. Our performance under any Contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under any Contract between us may be performed despite the Force MajeureF Event.

16. General Clauses

16.1. The use of the Website and any Contracts formed between us are governed by English law. Any dispute arising from, or related to, such use and any such Contracts shall be subject to the exclusive jurisdiction of the courts of England.
16.2. A person who is not a party to these Terms and Conditions or any Contract between us shall have no right to enforce any term of the Terms and Conditions and/or any and/or all Contracts between us under the Contracts (Rights of Third Parties) Act 1999.
16.3. If any provision of these Terms and Conditions or any provisions of any Contract between us are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
16.4. These Terms and Conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our trading relationship.