Terms and conditions for Dog Tracker Nano products and services manufactured, marketed, sold and provided by RDTP Ltd

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER AND RETAIN A COPY FOR FUTURE REFERENCE

Product description
Dog Tracker Nano is an electronic telecommunication monitoring and tracking system. It operates in a similar way to a mobile phone and requires a service subscription  in order to work

The device uses GPS (SatNav) and GSM (Telecom/Data) technologies to monitor and track dogs. Monitoring is enabled via a mobile phone based application.

The system uses third party services including telecom, internet data transmission and satellite navigation to enable users to track to a location with a high degree of accuracy in most reasonable circumstances.

Users will need a telecom data signal on their mobile phone and a signal from the Nano in order to use the device.

• General disclaimer
  Dog Tracker Nano is an aid to the monitoring and tracking a dog. The nature of the complex technology and the reliance on third party systems means there can be no absolute guarantee of performance.
• Important Notice
  Please ensure there is a reasonable local telecom signal where you live or where you generally plan to use the product. This is best done through Ofcom’s service : http://www.ofcom.org.uk/mobile-coverage.

If you are intending to use the product abroad we advise you to check general signal availability at your destination before you travel. If there is no GSM signal then the product cannot communicate, nor will your phone receive data.

• Definitions
  “Supplier”
  RDTP Ltd providing the Goods and Services to the Purchaser.”Goods”
  Tracking system hardware including the Dog Tracker Nano device, an integrated SIM and the phone application.”Services”
  Use of the SIM, the Dog Tracker Nano app and third party services.”Purchaser”
  The individual, company or organisation responsible for payment of the Goods and Services provided by the Supplier and the contracted party for the Purchase Agreement and Services Agreement, with responsibility for the use of the Goods.”Services Agreement” and “Purchase Agreement”
  Together these agreements cover the use of the Services and the Goods to track and monitor a dog. Details of recommended retail prices and offers and subscription  tariffs are published in the Supplier’s website.

  Purchase Agreements
  
  1 Outright Purchase of the device plus a monthly payment for the Services
  An agreement to purchase the Goods outright and pay a fixed amount for a minimum period each month for the use of the Services

  2 Outright Purchase of the device plus an upfront payment for the Services for a fixed minimum period
  An agreement to purchase the Goods outright and to purchase the use of the Services for a fixed minimum period

  3 Pay Monthly
  An agreement where an all inclusive payment for Goods and Services is made monthly for  a fixed minimum period

  Initial Term
  For 1 and 2 Outright Purchase and 3 Pay Monthly this means the minimum period of the Agreement.

  Minimum Period
  The number of months for 1 and 2 Outright Purchase and 3 Pay Monthly Agreements

• Formation of the Contract
  
  2.1 No contract exists between the Purchaser and the Supplier for the sale of the Goods and supply of the Services until the Supplier has received and accepted the Purchaser’s order.2.2 Prior to ordering the Purchaser should check there is sufficient local telecom signal for effective use. On receipt of the Nano the Purchaser should confirm there is a signal through the Nano test process.2.3 The Supplier’s website is only intended to be used by Eurozone residents. The Supplier may decline to accept orders from Purchasers who are not resident in the Eurozone or from Purchasers who require Goods to be delivered outside of the Eurozone.2.4 The contract is subject to the Purchaser’s Right of Cancellation.2.5 The Supplier may change these terms of sale without notice to the Purchaser in relation to future sales.
• Description and price of the Goods
  
  3.1 The description and price of the Goods ordered will be as shown on the Supplier’s online store at the time the order is placed.3.2 The Goods are subject to availability. If on receipt of the order the Goods are not available in stock, the Supplier will inform the Purchaser promptly and if requested, refund or re-credit the Purchaser for any sum that has been paid by the Purchaser or debited from the Purchaser’s credit/debit card for the Goods3.3 Every effort is made to ensure that the Purchase Agreement and Services Agreement prices shown on the Supplier’s websites and online store are accurate at the time of order. If an error is found, the Supplier will inform the Purchaser as soon as possible and offer the option of reconfirming the order at the correct price or cancelling the order. If an order is cancelled due to an error in the price, the Supplier will refund or re-credit the Purchaser for any sum that has been paid by the Purchaser or debited from their credit/debit card for the Goods.3.4 In addition to the Purchase Agreement price, the Purchaser may be required to pay a delivery charge for the Goods, as shown in the Store section of the Supplier’s website.3.5 The price of the Goods and delivery charges are inclusive of VAT.

  3.6 Payment for the Goods and delivery charges can be made by any method shown on the Supplier’s websites or online store at the time the order is placed.

• Warranty
  
  4.1 All Goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply. This warranty does not affect the Purchaser’s statutory rights.4.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accidental damage, negligence by the user or any third party, human or animal, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.

4.3 There are no user serviceable parts in the Dog Tracker Nano device. Opening the device will invalidate the warranty.

4.4 If the Goods supplied to the Purchaser develop a defect while under warranty, or the Purchaser has any other complaint about the Goods, they should notify the Supplier in writing at the address or email address shown below.

4.5 If during the period of the Warranty  the Nano device should fail due to no fault of the Purchaser, the Supplier will repair or replace the device.

4.6 In the unlikely event the Goods supplied are faulty, the Purchaser has up to 30 (thirty) days from receipt to return the Goods to the Supplier for replacement or full refund

 

• Delivery
  
  5.1 The Goods ordered will be delivered to the address given when the order was placed or to an alternative address nominated by the Purchaser.5.2 If delivery cannot be made to the address given, the Supplier will inform the Purchaser as soon as possible.5.3 Every effort will be made to deliver the Goods as soon as possible once the order has been accepted, and in any event for Outright Purchase and Pay Monthly agreements, within 21 days of the order. However, the Supplier will not be liable for any loss or damage suffered by the Purchaser through any reasonable or unavoidable delay in delivery.5.4 The Purchaser will become the owner of the Goods ordered and responsible for risk of loss or damage once they have been delivered.

IMPORTANT NOTICE

Terms and conditions for Right of Cancellation, Provision of the Services, Purchaser’s Obligation, Price of the Services, Liability and Termination of the Services, vary by Outright Purchase and Pay Monthly contracts that may be available when the order was placed by the Purchaser. Purchasers should read the clauses relevant to their order

Outright Purchase Agreements

• Right of Cancellation6.1 The Purchaser has the right to cancel the order at any time up to 30 (thirty) days after receiving the Goods.6.2 To exercise the right of cancellation, the Purchaser must give written notice (e-mail will suffice) to RDTP explaining the reason, at the address or email address shown below, giving details of the Goods ordered.6.3 If the Purchaser exercises their right of cancellation they will be responsible for returning the Goods to RDTP at their own cost. The Goods must be returned to the address shown below. The Purchaser must take reasonable care to ensure the Goods are not damaged in the meantime or in transit, and must be delivered in a
  re-saleable condition.6.4 If the Purchaser does not return the Goods as required, the Supplier may charge the Purchaser a sum not exceeding the direct costs of recovering the Goods, plus the Outright Purchase price, if applicable, as advertised at the time of recovery.
• Provision of the Services
  
  7.1 The Services supplied under the Services Agreement shall be supplied monthly unless terminated in accordance with these terms and conditions.7.2 The Purchaser acknowledges that the Services Agreement is subject to network service levels and roaming agreements between the Purchaser and their mobile phone networks that are outside the Supplier’s control.
  
  7.3 Subject to 7.2 the Supplier shall endeavour to provide the Services at all times and warrants to the Purchaser that the Services will be provided using reasonable care and skill.7.4 The warranty under condition 7.3 shall not apply to any third party services that the Purchaser may access through the Services.7.5 If the provision of the Services is prevented or delayed by any act or omission caused by the Purchaser, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by the Purchaser arising directly or indirectly from such prevention or delay.7.6 The Supplier may, from time to time and without notice, change the Services in order to comply with any applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services.
• Purchaser’s Obligations
  
  8.1 Purchaser will co-operate with the Supplier in all matters relating to the provision of the Services.

8.2 Purchaser will not use the Services for purposes that are illegal, immoral or improper.

• Price of the Services
  
  9.1 The price of the Services shall be displayed on the Supplier’s website and online store dogtracker.loc at all times and shall be inclusive of VAT.9.2 The Supplier may change the price of ongoing Services from time to time provided the Supplier gives not less than 14 days notice. Such notice shall be communicated by way of email or published on the Supplier’s websites.
• Minimum Period10.1 The Services Agreement and Purchase Agreement starts when the Supplier accepts your order and the Purchaser has received the Goods and the SIM has been activated.10.2 Outright Purchase agreement 1 will continue for a minimum period of 12 months. Outright purchase agreement 2 will continue either for a minimum period of 12 months or 24 months
• Liability11.1 This condition sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
  (a) any breach of the Services Agreement or Purchase Agreement;
  (b) any use made by the Purchaser of the Services;
  (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Services Agreement or Purchase Agreement11.2 Nothing in these conditions limits or excludes the liability of the Supplier:
  (a) for death or personal injury resulting from negligence;
  (b) for any damage or liability incurred by the Purchaser as a result of fraud or fraudulent misrepresentation by the Supplier;
  (c) for any liability incurred by the Purchaser as a result of any breach by the Supplier of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.11.3 The Supplier shall not be liable for any loss of profit or any indirect, special or consequential loss (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Purchaser.11.4 The Supplier shall not be liable to the Purchaser or be deemed to be in breach of the Services Agreement by reason of any delay in providing, or any failure to provide, any of the Supplier’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Supplier’s reasonable control. For the avoidance of any doubt this includes but is not limited to any failure in the
  network service levels or roaming agreements referred to in condition 7.2.

  11.5 The Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the provision of the Services shall be limited to the price paid for the Goods and/or Services.

  11.6 The Purchaser acknowledges that no telecommunications or tracking technology can be guaranteed to operate in all circumstances and at all times. The Supplier cannot be held liable for any loss due to any technology or communications failure.

12. Termination of the Services
    
    12.1 The Supplier shall be entitled to terminate the Services Agreement if:
    (a) the Purchaser breaches condition 8.2;
    (b) any information the Purchaser has provided to the Supplier is found to be false,
    (c) failure to accept price amendments under condition 9.2.12.2 The Supplier shall be entitled to terminate the Services by giving the Purchaser not less than 14 days notice, for reasons including but not limited to any breach of the Purchaser’s obligations under the Services Agreement (which if capable of remedy are not remedied within 7 days of the Supplier informing the Purchaser of the breach); or the Supplier being unable to provide the Services.12.3 If the Supplier terminates the Services Agreement, the Purchaser shall be compensated for the remainder of the term of the contract, but limited to any pre-payment of monthly instalments.12.4 The Services Agreement will continue past the initial contracted period unless or until cancelled by the Purchaser contacting the Supplier.

 

Pay Monthly Agreements

• Right of Cancellation
  
  6.1 The Purchaser has the right to cancel the order at any time up to 30 (thirty) days after receiving the Goods.6.2 To exercise the right of cancellation, the Purchaser must give written notice (e-mail will suffice) to RDTP at the address or email address shown below explaining the reason why and giving details of the Goods and Services ordered.6.3 If the Purchaser exercises their right of cancellation they will be responsible for returning the Goods to RDTP at their own cost. The Goods must be returned to the address below. The Purchaser must take reasonable care to ensure the Goods are not damaged in the meantime or in transit, and must be delivered in a re-saleable condition.6.4 If the Purchaser does not return the Goods as required, the Supplier may charge the Purchaser a sum not exceeding the direct costs of recovering the Goods, plus the sum of the monthly price in the Monthly Contract multiplied by the number of months remaining in the Minimum Period.
• Provision of the Services
  
  7.1 The Services supplied under the Services Agreement shall be supplied for the Minimum Period unless terminated in accordance with these terms and conditions.7.2 The Purchaser acknowledges that the Services Agreement is subject to network service levels and roaming agreements between the Purchaser and their mobile phone networks that are outside the Supplier’s control.7.3 Subject to condition 7.2 the Supplier shall endeavour to provide the Services at all times and warrants to the Purchaser that the Services will be provided using reasonable care and skill.7.4 The warranty under condition 7.3 shall not apply to any third party services that the Purchaser may access through the Services.7.5 If the provision of the Services is prevented or delayed by any act or omission caused by the Purchaser, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by the Purchaser arising directly or indirectly from such prevention or delay.

  7.6 The Supplier may, from time to time and without notice, change the Services in order to comply with any applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services.

 

• Purchaser’s Obligations
  
  8.1 Purchaser will co-operate with the Supplier in all matters relating to the provision of the Services.8.2 Purchaser will not use the Services for purposes that are illegal, immoral or improper.8.3 The Purchaser must give the Supplier a current email address for the purposes of billing and receiving communication from the Supplier. The Purchaser must keep this address and/or tell the Supplier immediately if there are any changes to it. The Purchaser is responsible for making sure their email address works and will be responsible for all consequences for errors in sending and receiving email (including emails being directed to “junk mail”. Updates for email addresses should be sent to info@retrievatracking.co.uk.8.4 The Purchaser must use the Goods and Services in the way described in any instructions published by the Supplier, in a responsible manner.8.5 The Purchaser agrees:
  (a) to give the Supplier any information we reasonably ask for in relation to the Pay Monthly agreement and that any information you give us is factually correct;
  (b) to take adequate steps to avoid damage to the SIM or unauthorised use or theft of the SIM;
  (c) that there is no entitlement to resell or distribute the device, SIM or the Services to anyone else;
  (d) that you are taking the SIM, Goods and the Service solely for your own personal use and you are not allowed to re-sell the Supplier’s Services without our express permission.

  8.6 The Purchaser agrees that the Supplier can search the files of credit reference agencies and that they may keep a record of that search. The Supplier can also carry out identity and anti-fraud checks with fraud prevention agencies. The Supplier and other organisations can access and use the information recorded by fraud prevention agencies from other countries. If the Purchaser gives false or inaccurate information and we identify or suspect fraud, we’ll record this in accordance with our policies and/or industry standards. Details of how the Purchaser conducts their
  account may also be disclosed to those agencies and law enforcement agencies. The information may be used by the Supplier and other parties in assessing applications for and making decisions about credit, credit related services or other facilities and insurance (including motor, household credit, life and other insurances and claims) from the Purchaser for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. The Supplier may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies while the Purchase Agreement is ongoing.

  8.7 Information held about you by credit reference agencies may be linked to records relating to your Financial Associate(s). For the purposes of this application you declare that you and your Financial Associate(s) are financially independent and you request that your application be assessed without reference to any “associated” records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your Financial
  Associates that is likely to affect our willingness to offer the Service to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. In this clause a financial associate is someone financially linked to you such as a spouse, partner or family member.

• Price of the Services
  
  9.1 The price of the Services shall be displayed on the Supplier’s websites or online store and shall be inclusive of VAT.9.2 If the Goods and Services are under a Pay Monthly agreement, the Purchaser will be charged monthly in advance by either direct debit, a charge made to their credit/debit card, or other means as agreed by the Supplier for use of the Services until this contract is terminated by either party in accordance with Clause 12.9.3 The Supplier may change the price of the ongoing Services from time to time provided the Supplier gives not less than 14 days notice. Such notice shall be communicated by way of email or published on the Supplier’s website.9.4 The Purchaser must pay their monthly bill by the date agreed in the Pay Monthly agreement. For any overdue payments, the Supplier may charge interest at 2% per annum above the base lending rate of NatWest Bank Plc. That interest will be calculated from the due date until the date of payment and on a daily basis. The Supplier reserves the right to make a charge for reasonable administration costs
  which result from late or non-payment.9.5 If the initial payment or deposit is made by credit or debit card the Purchaser authorises the payment card company to give the Supplier, details about the Purchaser’s payment card account in connection with the Purchase Agreement. The Purchaser must authorise them to let the Supplier know if the Purchaser’s payment account is terminated or suspended at any time.
• Minimum Period
  
  10.1 The Services Agreement and Purchase Agreement starts when we accept your order and the Purchaser has received the Goods and the SIM has been activated.10.2 The Monthly Payment agreement will continue for a minimum period of 18 months.10.3 At the end of any Minimum Period the Services and Monthly Payment Agreement will continue until it is ended by the Purchaser or the Supplier under Clause 12.10.4 If the Purchaser upgrades the Goods or Services during the Minimum Period the Purchaser agrees that a new Pay Monthly agreement and (if relevant) a new Minimum Period will apply. This new Minimum Period will start once the Goods have been dispatched and the new SIM card or Service activated.10.4 If the Goods are lost, stolen, damaged or destroyed the Purchaser will be responsible for Monthly Contract charges until the Purchaser has contacted the Supplier to discuss and agree a remedy.
• Liability
  
  11.1 This condition sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
  (a) any breach of the Services Agreement or Purchase Agreement;
  (b) any use made by the Purchaser of the Services;
  (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Services Agreement or Purchase Agreement.11.2 Nothing in these conditions limits or excludes the liability of the Supplier:
  (a) for death or personal injury resulting from negligence;
  (b) for any damage or liability incurred by the Purchaser as a result of fraud or fraudulent misrepresentation by the Supplier;
  (c) for any liability incurred by the Purchaser as a result of any breach by the Supplier of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
  11.3 Subject to condition 11.2, the Supplier shall not be liable for any loss of profit or any indirect, special or consequential loss (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Purchaser11.4 The Supplier shall not be liable to the Purchaser or be deemed to be in breach of the Services Agreement or Purchase Agreement by reason of any delay in providing, or any failure to provide, any of the Supplier’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Supplier’s reasonable control. For the avoidance of any doubt this includes but is not limited to any failure in the network service levels or roaming agreements referred to in condition 7.211.5 The Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the provision of the Services shall be limited to the price paid for the product11.6 The Purchaser acknowledges that no telecommunications or tracking technology can be guaranteed to operate in all circumstances and at all times. The Supplier cannot be held liable for any loss due to any technology or communications failure
• Termination of the Services
  
  12.1 The Supplier shall be entitled to terminate the Services immediately:
  (a) for reasons including but not limited to any breach of the Purchaser’s obligations under the Services Agreement (which if capable of remedy are not remedied within 7 days of the Supplier informing the Purchaser of the breach).
  (b) the Purchaser breaches condition 8.2.
  (c) any of the information the Purchaser has provided to the Supplier is found to be false.
  (d) failure to accept price amendments under condition 9.3.
  (e) the Purchaser does not pay monthly charges or deposits when they are due.
  (f) the Purchaser is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement with or for the benefit of creditors.
  (g) the Purchaser refuses to return or unreasonably delay in returning any payment, refund or credit that has been made in error or for the incorrect amount.12.2 The Purchaser can end the Services Agreement by giving 30 days written notice if the Supplier:
  (a) breaks the Services Agreement in any material way and does not correct the breach within 7 days of receiving the Purchaser’s written request.
  (b) The Supplier goes into liquidation or a receiver or administrator is appointed.
  (c) The Supplier changes the terms of the Services Agreement to the Purchaser’s significant disadvantage.12.3 If the Supplier terminates the Pay Monthly agreement due to being unable to provide the Services, the Purchaser shall be compensated for any pre-payment of monthly instalments.12.4 If the Purchaser ends the Pay Monthly agreement during the Minimum Period for reasons other than under Clause 12.2, the Purchaser must pay the sum of the monthly price in the Services Agreement and Purchase Agreement multiplied by the number of months remaining in the Minimum Period.12.5 The Purchaser has the right to terminate the Services Agreement after the end of the Minimum Period by giving notice in writing to the Supplier at the address below. In which case the Goods may be retained by the Purchaser but the Services will be terminated.
• General Terms applicable to all Services Agreements and Purchase Agreements
• Assignment
  
  13.1 The Purchaser cannot assign or transfer any of their rights under the Services Agreement or Purchase Agreement to anyone else unless we agree in writing.13.2 The Supplier can assign or transfer their rights and obligations under the Services Agreement or Purchase Agreement or any part of it or a Related Agreement, on the same terms, to any third party.
• Applicable law
  
  These terms and the supply of the Services will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract Nothing in these Terms and Conditions affects your Statutory Rights. Dog Tracker Nano products are made by RDTP, a trading company registered in England and Wales with Company number 08641370.RDTP Registered Office address is 103 High Street, Berkhamsted, Hertfordshire HP4 2DG.

 

 Contact details

• RDTP can be contacted:

BY POST: 103 High Street, Berkhamsted, Hertfordshire HP4 2DG

BY EMAIL: info@retrievatracking.co.uk

BY TELEPHONE: 01442 877796