OVERVIEW

This website is owned and operated by Barking Mad Pet Products. Barking Mad Pet Products is a retail business that provides pet products and services to pet owners. This website allows customers to Barking Mad Pet Products to purchase goods and services securely online. Barking Mad Pet Products endeavors to always provide accurate information, quality products, and timely service to anyone using this website. Upon accessing the Barking Mad Pet Products website, you conditionally accept all terms, conditions, and notices hereafter.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of our (the company “Barking Mad Pet Products”) website, you (the “User”) agree to be bound by these Terms of Use. If you feel that the terms and conditions stated herein do not provide you with peace of mind when using our website, or you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

The User commits to not transmit any destructive code or viruses.

These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Welcome, and thank you for choosing Bark Mad Pet Products.

 

GENERAL

These terms and conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa

Barking Mad Pet Products reserves the right to refuse service to any person, for any reason at any time.

These Website Terms and Conditions, together with the Privacy Policy which is available in our Privacy Policy, set out the general rules and policies governing the User’s use of our website. Depending on the User’s activities when visiting our website, the User may be required to agree to additional terms and conditions. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.

In the event of the invalidity of any part or portion of this agreement for any reason whatsoever, such invalidity shall not affect the validity or enforceability of any other part or provision of this agreement and such invalid part or portion shall be deemed to have been struck out of the agreement. No waiver by Barking Mad Pet Products in respect of the User’s actions or omissions with regard to any breach, failure or default in performance by the User, and no failure, refusal or neglect by Barking Mad Pet Products to exercise any right hereunder or to insist upon strict compliance with or performance of the User’s obligations under this agreement, shall constitute a waiver of the provisions of this agreement, and Barking Mad Pet Products may at any time require strict compliance with the provisions hereof.

By agreeing to these Terms of Service, you represent that you are at least the age of 18. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on this website.

The User understands that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The User agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on this website through which the service is provided, without express written permission by Barking Mad Pet Products.

 

ACCURACY OF INFORMATION

Any information contained on our website is intended for general information purposes only, and should in no way be construed as professional advice. This site may contain certain historical information that is not necessarily current, and is provided for your reference only. Barking Mad Pet Products reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Barking Mad Pet Products makes all reasonable efforts to ensure the accuracy of all products and services descriptions, availabilities, purchase prices, and delivery charges reflected on this website. Should this website contain any technical inaccuracies, typographical errors, and/or any content omissions to which the User objects, the User should cease use of this website immediately and exit.

Barking Mad Pet Products reserves the right to update, or correct, any errors, inaccuracies, or omissions. Barking Mad Pet Products reserves the right to cancel any orders in accordance with our Returns Policy if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted and paid for your order). This includes where product pricing, descriptions, images, or quantities may have been incorrect or outdated. In the case where you have already submitted payment, you will be refunded accordingly and timelessly.

 

MODIFICATIONS TO TERMS OR SERVICE

Barking Mad Pet Products reserves the right, in its ultimate and sole discretion to update, change or replace any part of these Terms of Service on our website. It is your, the User’s responsibility to check our website periodically for amendments. The User’s continued use of and accessing of our website and the Services following any amendments to these Terms of Service, constitutes acceptance of those changes.

 

OWNERSHIP: COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

All rights and ownership in, too, or of this website are the sole property of Barking Mad Pet Products, or vest in Barking Mad Pet Products as a third party licensor.

The User acknowledges that ownership of all intellectual property rights, including the trademarks indicated on the website (whether registered or not), vest in Barking Mad Pet Products or its licensors, and the User is not authorized to use, amend or exploit any of the intellectual property rights, including the trademarks in any way whatsoever.

Barking Mad Pet Products’ logos, images, marks, trade names, and source codes are our trademarks and no person may use them without our permission. The website owner asserts and reserves all its rights, including moral rights, in this regard. Any other trademark or trade name that appears on our marketing material is the property of its respective owner.

The User furthermore acknowledges that the information and documentation contained in this website are the proprietary information and copyrighted material of Barking Mad Pet Products.

 

THIRD-PARTY LINKS AND SERVICES

Barking Mad Pet Products’ website may make available services, service providers, websites and/or webpages operated by third parties offering products, information, and online services. The use of third-party services and the use of information collected by these third party operators are governed by the terms of use and privacy policies found at their respective sites.

Third-party service inclusion within the online services of any link to a third-party service does not constitute an endorsement by Barking Mad Pet Products of the operator of such site or any association between Barking Mad Pet Products and such operator. Any direct dealings between the User and any third party in connection with a third party services, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party or the operator of such site. Barking Mad Pet Products are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Furthermore, Barking Mad Pet Products are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, products, or services.

 

CHANGES PRICES AND SERVICES

Barking Mad Pet Products reserves the right at any time to modify or discontinue the Service offered by this website, and any part or related content, without prior notice.

Prices for our products are subject to change without prior notice.

Barking Mad Pet Products will not be held liable to the User, nor to any third party for any modification, price change, suspension or discontinuance of the Service.

 

STOCK AVAILABILITY

Barking Mad Pet Products does not hold physically in stock of all products sold on our website. Some products or services may have limited quantities, and are subject to return or exchange according to our Returns Policy. Our Returns and Refund Policy may be read online Returns Policy

Barking Mad Pet Products will make all reasonable attempts to ensure that product offers are removed when the stock runs out. If it happens that we are unable to fulfill any order at the advertised price because the stock is sold out, we will inform you via email and you will be entitled to a reimbursement for the Rand value you have paid for such product.

Barking Mad Pet Products reserves the right to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at the sole discretion of Barking Mad Pet Products, and reserve the right to discontinue any product at any time.

Products placed in your cart without completing the order does not constitute a “sale”. This means that Barking Mad Pet Products may remove any product(s) from your cart before the sale actually takes place. We cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.

 

PRICING

The price for each product or service is shown on this site. The price shown on the website is the retail price, and are inclusive of VAT.

Barking Mad Pet Products will make every reasonable effort to ensure that the price shown on this site is correct, and where applicable the discounted price of all the products on the site are correct at the time of your purchase. If the product is offered at an erroneous price, Barking Mad Pet Products will not be obliged to supply the said product/s at the erroneous price.

 

PAYMENT AND ACCURACY OF BILLING AND ACCOUNT INFORMATION

Please Note: The transaction currency is the South African Rand (ZAR) ONLY.

Barking Mad Pet Products offers the following payment options on this site;

Visa

Mastercard

EFT

Online credit card payments are processed by the Peach Payments Payment Gateway. Card Holders may go to www.mygate.co.za to view MyGate’s security policies.

Should the User opt to pay by way of credit card, then the following provisions shall apply;

(1) The User undertakes to ensure that the credit card has not reached its maximum limit, and that there are sufficient funds available to cover the amount due. In the event that the credit card has reached its maximum limit and there are insufficient funds in it to cover the amount due, the User agrees to Barking Mad Pet Products processing the credit card payment at a later date.

(2) The User further agrees that he/she will be liable for any claims, losses or damages of whatsoever nature in the event that the credit card;

(i) has reached its maximum limit

(ii) details provided to Barking Mad Pet Products are incorrect

(iii) is held in the name of any other person; and/or

(iv) has expired or, during the term of this Agreement, expires.

(3) The User shall not be entitled to reverse any payment made in terms of this clause 2, for any reason whatsoever, where such amount is legally owing by the User to Barking Mad Pet Products.

(4) No deliveries shall be made to the User for any goods or services until the full payment in respect of the Products/Services ordered by the User has cleared in Barking Mad Pet Products’ bank account, and Barking Mad Pet Products shall have the right to suspend deliveries if any amount due by the User to the Barking Mad Pet Products is unpaid.

The User agrees to provide current, complete, and accurate purchase and account information for all purchases made at our store. The User agrees to promptly update their account and other information, including their email address and credit card numbers and expiration dates, so that Barking Mad Pet Products may complete the User’s transactions accurately and contact the User should the need arise.

 

ORDERS, DELIVERY: REFUSALS, LIMITATIONS AND CANCELLATIONS

Orders are placed by Users using this website; www.barkingmadpetproducts.co.za. The User is required to create a User Account. Signing up as a New User entails that the User will be required to provide specific information that will be stored and processed by Barking Mad Pet Products. Should the User want to review how their personal information is stored and managed, please make use of the following link to review our Privacy Policy; Privacy Policy

Proceeding an order being placed by a User, the User will receive an Order Confirmation via email.

Barking Mad Pet Products will not be responsible for any errors or misunderstandings that occur during the placing of an Order. Barking Mad Pet Products will not be liable or responsible for any losses sustained as a direct result of a failure by the User to provide Barking Mad Pet Products with accurate information when placing an Order, which may result in inaccurate information being displayed on the Order Confirmation and/or Delivery Note. Therefore the onus is vested in the User to ensure that the information given by the User when placing an Order is accurate and complete. The User further agrees to update such information in the event that the User’s personal information has changed, failing which Barking Mad Pet Products will not be liable for any inaccuracies or lack of completeness of such information, or any consequential failure to deliver the goods properly.

Orders received will be submitted for processing and will be subject to acceptance by Barking Mad Pet Products by way of the Delivery of the Goods.

Barking Mad Pet Products reserves the right to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to the User. Barking Mad Pet Products will be liable for reimbursing you the Rand value paid, ONLY if canceled order has been paid for, and the payment received in Barking Mad Pet Products bank account.

Barking Mad Pet Products may, in our sole discretion, limit or cancel quantities purchased per User, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Barking Mad Pet Products make a change to or cancel an order, Barking Mad pet Products may attempt to notify the User by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Barking Mad Pet Products reserves the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

Barking Mad Pet Products reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely. Barking Mad Pet Products may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.

For more detail, please review our Returns and Refund Policy; Returns Policy

Barking Mad Pet Products shall be entitled to recover from the User any extra costs, including Delivery costs, incurred by Barking Mad Pet Products due, directly or indirectly, to the actions of the User, in cases such as where the User;

  • alters the Order, or the Order’s delivery instructions upon, or after delivery has taken place; or
  • refuses to accept delivery, notwithstanding that the Goods meet the specifications set out in the Order; or
  • fails or delays to give full particulars needed by the Company, or
  • otherwise delays the Order process.

Unless otherwise specified, Delivery is free. For further information regarding Barking Mad Pet Product’s Delivery Policy, please us review here; Delivery Policy

Delivery will generally be made by the Barking Mad Pet Product’s appointed courier service agents. Where Delivery is required to be made to a remote area, please refer to the Delivery Terms and Conditions link above.

Delivery is concluded once the User’s Order has been off-loaded at the Delivery address provided at Checkout.

Barking Mad Pet Products makes every effort to deliver the User’s Goods in accordance with the terms described above and in our Delivery Terms and Conditions, and affirm that Barking Mad Pet Products will not be held liable for any loss and/or damage for failure to effect Delivery timeously for any reason beyond the Company’s reasonable control.

 

Feedback, Comments, Competitions and Other Submissions

The User agrees that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or another personal or proprietary right. The User further agrees that their comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service offered by this website, or any related website/s. The User may not use a false e-mail address, pretend to be someone other than themselves, or otherwise mislead Barking Mad Pet Products, or any of Barking Mad Pet Products’ third-parties, as to the origin of any comments made on this website. The User is solely responsible for any comments he/she make and their accuracy. Barking Mad Pet Products take no responsibility and assume no liability for any comments posted by the User or any third-party.

If, at our request, the User sends specific submissions (for example competition entries) or without a request from Barking Mad Pet Products, the User sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), the User agrees that Barking Mad Pet Products may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the User may forward to Barking Mad Pet Products and its employees. Barking Mad Pet Products are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Barking Mad Pet Products may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

PERSONAL INFORMATION

The User confirms that the submission of personal information through this website is governed by Barking Mad Pet Products’ Privacy Policy. Please find the link to our Privacy Policy on our website footer, or https://barkingmadpetproducts.co.za/privacy-policy/, or contact info@barkingmadpetproducts.co.za to request the details.

 

RETURNS

The terms and conditions under which purchased products can be returned are specified in our Delivery Policy and Returns policy, respectively. Please find the respective links here;

Returns Policy

Delivery Policy

 

If the User finds any of the Goods delivered/collected to be defective, the User must within 30 days after delivery of the Goods inform the Barking Mad Pet Products of the defect, in writing, and return the Goods to the Barking Mad Products offices. Notwithstanding Barking Mad Pet Product’s aforestated position on defective Goods, Barking Mad Pet Products shall have no liability or obligation to the User in respect of any Goods which have been subjected to abuse, misuse, improper use, negligence, accident, alteration or tampering at the hands of the User, and the User hereby indemnifies Barking Mad Pet Products accordingly.

Orders placed incorrectly or in error by the User will need to be returned to Barking Mad Pet Products at the full cost of the User. No refunds will be made until the Goods are returned in good order to the specified location of Barking Mad Pet Products.

 

IMPROPER, UNLAWFUL AND PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, the User is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Barking Mad Pet Products reserves the right to terminate the User’s use of the Service or any related website for violating any of the prohibited uses.

 

LIMITATION OF LIABILITY

Barking Mad Pet Products does not warrant that the quality of any products, services, information, or other material purchased or obtained by any User will meet his/her expectations, or that any errors in the Service will be corrected.

Barking Mad Pet Products does not guarantee, represent or warrant that the User making use of the service that this website offers will be uninterrupted, timely, secure, error-free, or free of latent defects, malicious software, or infringing content.

Barking Mad Pet Products does not warrant that the results that may be obtained from the use of this website will be accurate or reliable.

The User agrees that from time to time Barking Mad Pet Products may remove the service for indefinite periods of time or cancel the service at any time, without notice to the User.

The User expressly agrees that their use of, or inability to use, the service is at the User’s sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by Barking Mad Pet Products) provided ‘as is’ and ‘as available’ for the User’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Barking Mad Pet Products, it’s directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from any User’s use of any of the service or any products procured using the service, or for any other claim related in any way to the User’s use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNITY

The User hereby indemnifies Barking Mad Pet Products, and its subsidiaries, affiliates, officers, agents, partners, employees and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

(a) the User’s use of the website and online services;

(b) the User’s violation of these terms and conditions; or

(c) the User’s violation of any law, rule, or regulation or the rights of any other person or entity.

Any and all ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

SEVERABILITY

In the event that any provision within these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION OF SERVICES

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either the User or Barking Mad Pet Products. The User may terminate these Terms of Use at any time by notifying Barking Mad Pet Products in writing, to info@barkingmadpetproducts.co.za.

If in our sole discretion the User fails, or Barking Mad Pet Products suspect that the User has failed, to comply with any term or provision of these Terms of Use, Barking Mad Pet Products may also terminate this agreement at any time without notice and the User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the User access to our Services (or any part thereof).

 

CONTACT INFORMATION

 

WhatsApp Support:            +27 81 692 7671
Email Support:                     info@barkingmadpetproducts.co.za
Call Us:                                 +27 82 759 2274