Terms and Conditions
BACKGROUND:
These Terms and Conditions are the standard terms which apply:
A. to provision to a customer and a patient of any Services (as “Services” is defined in
Clause 1 below) by the Surgery, Stellar Pet Service Ltd whose trading name is Stellar
Vets a company registered in England and Wales under number 12420022 whose
registered office is at 80 The Fairway, Aldwick, Bognor Regis, West Sussex, BN17
6BP and whose trading address is 14-16 Anchor Springs, Littlehampton, BN17 6BP
B. where the customer of the Surgery is a “Consumer” as defined by the Consumer
Rights Act 2015
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
“Animal” means the patient (which is the animal belonging to the
Owner) that is to be the subject of consultation and/or
treatment by the Surgery;
“Business” means any business, trade, craft, or profession carried
on by You or any other person/organisation;
“Consumer” means a “Consumer” as defined by the Consumer
Rights Act 2015, that is to say an individual who receives
any of the Services for his/her personal use for their
Animal that requires such Services and for purposes
wholly or mainly outside the purposes of any Business;
“Price List” means the Surgery’s standard price list for all of the
Services which We offer which is available from 14-16
Anchor Springs, Littlehampton, BN17 6BP;
“Regulations” means The Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013;
“Services” means any veterinary services including supply of any
other services, treatments, medicines, drugs,
consumable and other materials, and other items
provided or used in the course of Our normal business;
“Surgery/Us/We/Our” means the Stellar Vets veterinary surgery whose place of
business and contact address is [the same address as
above] and reference to the Surgery shall include
reference to any and all staff including veterinary
surgeons; and
“You/Your/Owner” means an individual who is a customer of the Surgery
and is the owner of an Animal;
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1.2 Unless the context otherwise requires, each reference in these Terms and
Conditions to:
1.2.1 “These Terms and Conditions” is a reference to these Terms and
Conditions [and each of the Schedules] as amended or supplemented
at the relevant time; and
1.2.2 A Clause or sub-Clause is a reference to a Clause of these Terms and
Conditions;
1.3 The headings used in these Terms and Conditions are for convenience only
and shall not affect the interpretation of these Terms and Conditions;
1.4 Words signifying the singular number shall include the plural and vice versa;
and
1.5 References to any gender shall include the other gender.
2. Consultations and Appointments
2.1 Our Opening Times are:
08:00 – 18:00 Monday – Thursday
08:00 – 17:00 Friday
Closed Public Holidays and Weekends (See Clause 10 for Out of Hours and
Emergency Service details).
2.2 Consultations and treatment shall be by appointment only.
2.3 If You know You are going to be late for an appointment, You should contact
Us to tell Us. If You arrive later than 10(ten) minutes after an appointment
time, We will try to provide the Services You have booked but if We decide
that We cannot, the appointment will be treated as cancelled without notice by
You and, if We then decide to make a charge for that appointment cancelled
without notice, sub-Clause 2.5 below will apply;
2.4 You may cancel an appointment without charge if You give Us at least 24
(Twenty Four) hours prior notice of the cancellation and if You do so We will
refund to You any sum (including, but not limited to any deposit) You paid in
advance;
2.5 If You do not give Us at least 24 (twenty four) hours prior notice of cancellation
of an appointment, We will be entitled to charge You for any net financial loss
that We suffer due to Your cancellation but not more than 100 (one hundred)
% of the full price of the appointment. We will be entitled to deduct that
charge from any sum (including, but not limited to any deposit) You paid in
advance, and We shall refund the balance to You;
2.6 If, due to exceptional circumstances, You cancel an appointment without
giving Us at least 24 (twenty four) hours prior notice, We will consider the
circumstances and in our discretion decide whether to waive any charge for
late cancellation that We are entitled to make under sub-Clauses 2.3 and 2.5;
2.7 We may cancel an appointment booked by You at any time before the time
and date of that appointment in the following circumstances:
2.7.1 The required personnel and/or required materials necessary for the
provision of the Services are not available; or
2.7.2 An event outside of Our reasonable control; or
2.7.3 We find that you are not a “Consumer” (as defined in Clause 1 above).
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If We cancel an appointment in such circumstances We will refund to You in full
any deposit or other advance payment that You have made to Us for that
appointment;
2.10 We will use all reasonable endeavours to start the Services at the appointment
time which You have booked but the start may be delayed by overrun of a
previous appointment or by other circumstances. If a delay to the start is at least
30 minutes, or at any time before or after You arrive for an appointment We
notify You that there will be a delay of at least that time, You may cancel the
appointment and We will refund to You in full any deposit or other advance
payment that You have made to Us for that appointment; and
3. Fees and Payment
3.1 You must pay for all Services upon completion of provision of those Services;
3.2 We shall invoice You for all sums due at the following times (as appropriate):
3.2.1 the end of a consultation; or
3.2.2 the discharge of an Animal following surgery or other prolonged stay at
the Surgery; or
3.2.3 the dispensing or collection of drugs and/or other products;
3.3 Payment should generally be made immediately subject to other terms agreed
between You and Us from time to time;
3.4 You may pay Us for Services (and for any deposit or other advance payment
on account of that payment) using any of the following methods:
3.4.1 Cash;
3.4.2 Debit or Credit Card; and
3.4.3 BACS Transfer.
3.5 In cases where treatment is being covered by an animal health insurance
policy, it shall be Your responsibility to pay all sums due to Us and to reclaim
such sums from the insurance provider.
3.6 All prices of Services shown in the Price List are inclusive of VAT. All fees due
shall be invoiced including VAT; and
3.7 We may alter Our prices without prior notice but if the price of any Services
increases between the time when You book an appointment and the date of
the appointment, the price increase will not apply to Your appointment for
those Services on that date.
4. Estimates
4.1 If treatment or surgery is required, We shall provide You with an estimate of
sums due prior to such treatment or surgery. Estimates do not constitute
quotations and You may not take them as an accurate indication of the final
sum due as the final sum due may vary according to unforeseen
circumstances; and
4.2 All estimates will be valid for 30 (thirty) days and You must accept them before
We will commence treatment or surgery.
5. Treatment
5.1 You confirm that, in connection with any appointment or receipt of any
Services from Us or Your request for the same, You are and will be a
“Consumer” as defined in Clause 1 above;
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5.2 We will provide all treatment in accordance with all relevant laws, rules and
regulations including, but not limited to the Veterinary Surgeons Act 1966, the
Animal Welfare Act 2006, the Docking of Working Dogs’ Tails (England)
Regulations 2007, the Veterinary Medicines Regulations 2013 and the Supply
of Relevant Veterinary Medicinal Products Order 2005;
5.3 We will not undertake any procedure that is in conflict with any law in force,
any voluntary or mandatory code of practice, or any similar rules, regulations
or codes; and
5.4 In certain cases, We may be legally required to keep Animals receiving
prescription medication under Our care by way of regular and routine
examination.
6. Documents and Records
6.1 We will keep records and case documents relating to each Animal that is
registered with Us;
6.2 If You move your Animal to a different veterinary surgery, You should inform
Us and request Us to send all records and documents pertaining to the Animal
to the new surgery
6.3 Documents including, but not limited to, ultrasound scans and radiographs
remain Our property notwithstanding any associated payment which You may
make to Us;
6.4 We shall not release any documents either to You or another veterinary
surgery if You owe Us any outstanding sum.
7. Animal Health Insurance
7.1 We recommend that You take out a suitable animal or pet health insurance
policy to cover Your Animal;
7.2 We are unable to provide recommendations with regard to animal or pet
health insurance policies and We are not affiliated with any animal or pet
health insurance provider;
7.3 We are not a party to any contract between You and an insurance provider;
7.4 If You make an insurance claim, We may fill out the requisite claim forms on
your behalf at a charge.
8. Limitation of Liability
8.1 We will be responsible for any foreseeable loss or damage that You may
suffer as a result of Our breach of these Terms and Conditions or as a result
of Our negligence. Loss or damage is foreseeable if it is an obvious
consequence of Our breach or negligence or if it is contemplated by You and
Us when Our contract with You is created. We will not be responsible for any
loss or damage that is not foreseeable;
8.2 We provide or sell all Services only for Your personal and private
use/purposes. We make no warranty or representation that products, or other
goods or materials that We provide or sell are fit for commercial, business,
industrial, trade, craft or professional purposes of any kind (including resale).
We will not be liable to You for any loss of profit, loss of business, interruption
to business or for any loss of business opportunity;
8.3 Nothing in these Terms and Conditions is intended to or will exclude or limit
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Our liability for death or personal injury caused by Our negligence (including
that of Our employees, agents or sub-contractors); or for fraud or fraudulent
misrepresentation; and
8.4 Furthermore, if you are a “consumer” as defined by the Consumer Rights Act
2015, or a consumer for the purposes of any other consumer protection
legislation, nothing in these Terms and Conditions is intended to or will
exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to
You, or Your rights or remedies, or Our liability to You, under:
8.4.1 the Consumer Rights Act 2015;
8.4.2 the Regulations;
8.4.3 the Consumer Protection Act 1987;
8.4.4 any other consumer protection legislation; or
as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice
Bureau or Trading Standard Office.
9. Second Opinions and Referrals
9.1 We will facilitate Your request for a referral or second opinions from another
veterinary surgeon. We will endeavour to forward any required clinical records
promptly to the practice or veterinary surgeon.
10. Out of Hours and 24 Hour Care
10.1 Outside of normal opening hours, emergency care is provided by:
Southdown Emergency Vets Storrington – Tel: 01903 746028
Mill Stream, North Street Library Car Park, Storrington RH20 4DH
And
Southdown Emergency Vets Chichester – Tel: 01243 978800
Lion House 79 St Pancras Chichester PO19 7GE
10.2 If your pet requires overnight care, it may be more appropriate for them to be
referred to a 24-hour hospital. Such options will be discussed with You as needed.
11. Zero Tolerance Policy
11.1 It is important that there is a mutually trusting and respectful relationship
between Us and You. Therefore, We have a zero tolerance policy towards behaviour
directed towards Our staff that we deem threatening or abusive. If this occurs You will
be given written notice of Our intention to no longer provide veterinary services to
You. We will arrange the forwarding of Your pet’s records to a veterinary surgery of
Your choice.
12. Prescription Only Medications (POM-V)
12.1 Patients on long term POM-V must be re-examined a minimum of every 6
months to renew their prescription medication. Depending on Your pets condition this
interval may be shortened on the discretion of the treating veterinary surgeon.
12.2 Written prescriptions are available on request.
12.2.1 A written prescription cannot be valid for longer than six months from the
date of issue.
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12.2.2 There is a charge for written prescriptions. This can be found on our Price
List.
12.2.3 Controlled Medicines (Schedule 3) can only be prescribed for 28 days at a
time.
12.2.4 It is Your responsibility to ensure that You obtain the medicines from a
licensed pharmacy.
12.3 We will prescribe medicines that we deem most appropriate for your pet. In the
absence of a licensed veterinary medicine then the most suitable medicine will be
selected under the medicines cascade. Further information may be found
https://www.gov.uk/guidance/the-cascade-prescribing-unauthorised-medicines
12.4 We require a minimum of 48 (forty eight) hours’ notice for repeat prescriptions.
13. How We Use Your Personal Information (Data Protection)
13.1 We will only use Your personal information as set out in Our Privacy Notice
available here.
14. Regulations
We are required by the Regulations to ensure that certain information is given or
made available to You as a Consumer before We make Our contract with You (i.e.
before We accept Your request to make a booking) except where that information is
already apparent from the context of the transaction. We have included the
information itself either in these Terms and Conditions for You to see now, or We will
make it available to You before We accept Your request to make a booking. All of that
information will, as required by the Regulations, be part of the terms of Our contract
with You as a Consumer.
15. Information
As required by the Regulations:
15.1 all of the information described in Clause 14; and
15.2 any other information which We give to You about any Services or the Surgery
which You take into account when deciding to make a booking or when making any
other decision about the Services;
will be part of the terms of Our contract with You as a Consumer.
16. Complaints and Standards
We always welcome feedback from Our customers and, whilst We shall use all
reasonable endeavours to provide a high standard of service, care and treatment to
all Animals and their Owners, We nevertheless want to hear from You if You have
any cause for complaint. If You have any complaint about Our Services or any other
complaint about the Surgery, please raise the matter with the veterinary surgeon
responsible at the time.
If you wish to raise a formal complaint, please e-mail your correspondence to:
info@stellar.vet . We will endeavour to respond to your complaint within 7 days.
17. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You
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notice, but We will use Our reasonable endeavours to inform You as soon as is
reasonably possible of any such change.
18. No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and
Conditions means that We or You have waived that right, and no waiver by Us or You
of a breach of any provision of these Terms and Conditions means that We or You
will waive any subsequent breach of the same or any other provision.
19. Severance
If any provision of these Terms and Conditions is held by any competent authority to
be invalid or unenforceable in whole or in part the validity of the other provisions of
these Terms and Conditions and the remainder of the provision in question shall not
be affected.
20. Law and Jurisdiction
20.1 These Terms and Conditions, the Contract, and the relationship between you
and Us (whether contractual or otherwise) shall be governed by, and
construed in accordance with the law of England & Wales
20.2 As a consumer, you will benefit from any mandatory provisions of the law in
your country of residence. Nothing in Sub-Clause 20.1 above takes away or
reduces your rights as a consumer to rely on those provisions.
20.3 Any dispute, controversy, proceedings or claim between you and Us relating
to these Terms and Conditions, the Contract, or the relationship between you
and Us (whether contractual or otherwise) shall be subject to the jurisdiction of
the courts of England, Wales, Scotland, or Northern Ireland, as determined by
your residency.