Overview

These Terms and Conditions (“Terms”) are designed to govern your use of our website and the purchase of our Products. They exist not merely as formalities, but as a clear framework that explains the rights and responsibilities of both you as the customer and us as the supplier. We take great care to comply with all applicable laws in England and Wales, including the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Data Protection Act 2018, and all relevant food safety regulations enforced by the Animal and Plant Health Agency (APHA).

Our Products are freshly prepared, made to order, and supplied under strict food safety controls. We operate in accordance with an approved Hazard Analysis and Critical Control Point (HACCP) plan, which sets out the safety protocols that govern every stage of our operations, from sourcing to dispatch. This compliance framework reflects our commitment to quality and your safety as the consumer.

Please read these Terms carefully before placing an order. They explain how our Contract with you is formed, how your order will be delivered, what rights and remedies you have as a consumer, and where those rights may be limited due to the nature of our Products as fresh, perishable goods. By confirming an order with us, you agree to be bound by these Terms in full.

We recognise that legal documents can appear technical, but we have sought to set out these Terms as clearly as possible. If you have any questions about them, you may contact us using the details provided below.

1. Introduction and Interpretation

1.1 These Terms and Conditions (“Terms”) govern the sale and supply of goods (“Products”) by Two and a Half Birds Ltd (“we”, “us”, “our”), a company incorporated in England and Wales under company number 12513829 with its registered office at 128 City Road, London, EC1V 2NX. By placing an order with us, whether via our website at www.tahb.co.uk or by any other means of communication expressly permitted by us, you (“you”, “your”, “Customer”) agree to be legally bound by these Terms.

1.2 In these Terms, unless the context otherwise requires:

• “Contract” means the legally binding agreement between us and you for the purchase of Products;
  
  

• “Delivery Area” means Brentwood postal codes CM13, CM14 and CM15, as amended or extended from time to time at our sole discretion;
  
  

• “HACCP” means the Hazard Analysis and Critical Control Point plan under which we are required by law to operate;
  
  

• “APHA” means the Animal and Plant Health Agency of the United Kingdom;
  
  

• “Consumer Law” refers to the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and all other applicable consumer protection legislation in force in England and Wales.
  
  
  

1.3 These Terms apply to the exclusion of all other terms and conditions, including any you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1.4 Nothing in these Terms affects your statutory rights as a consumer.

2. About Us and How to Contact Us

2.1 We trade under the name Two and a Half Birds Ltd, registered in England and Wales under company number 12513829. We are not currently VAT registered.

2.2 Our registered office is 128 City Road, London, EC1V 2NX. Our principal trading address may differ, and we will notify customers of any change.

2.3 We are authorized and approved by the APHA and operate under a documented HACCP plan in compliance with UK food safety regulations. These approvals underline our commitment to safety and quality, but they do not alter the allocation of risk and responsibility as otherwise provided in these Terms.

2.4 You may contact us at any time by writing to info@tahb.co.uk or calling us on +44 7777 252337. We will use these same contact details for correspondence with you unless otherwise agreed.

3. Scope of These Terms

3.1 These Terms govern all sales of Products made by us to you, whether ordered through our website, by telephone, or by any other lawful method accepted by us.

3.2 These Terms must be read together with our Privacy Policy, Cookie Policy, and Delivery and Payment Policy, all of which are incorporated by reference and form part of the Contract between us.

3.3 Nothing in these Terms shall apply to the content of any third-party website linked from our own, nor to any promotional activities carried out by third parties. We accept no responsibility for the operation, content, or privacy practices of third-party sites.

4. Eligibility to Purchase

4.1 By placing an order with us, you confirm that:
(a) you are at least 18 years of age;
(b) you have the legal capacity to enter into binding contracts; and
(c) you are resident in the United Kingdom and request delivery to an address within our Delivery Area.

4.2 We do not currently accept orders for delivery outside the United Kingdom. Any order placed from outside the UK will be declined or cancelled without liability to us.

4.3 We reserve the right to refuse orders where we reasonably believe the eligibility criteria are not met.

5. Basis of Contract

5.1 Your order constitutes an offer to purchase Products from us in accordance with these Terms. We reserve the right to accept or decline such offer at our sole discretion.

5.2 A Contract between us will come into existence only when we issue written confirmation of your order by email (“Order Confirmation”). Until such time, no binding obligation arises.

5.3 If we identify any error in the price, description or availability of any Product you have ordered, we reserve the right to correct such error. If you have already placed an order based on incorrect information, we may, at our sole discretion, either cancel the order and refund you in full or contact you to confirm whether you wish to proceed at the corrected price or terms.

5.4 These Terms override any statements, advertisements, or representations made elsewhere, except where we have expressly confirmed otherwise in writing.

6. Products and Descriptions

6.1 All Products sold by us are freshly made to order. While we take every reasonable care to ensure that the descriptions, images, and prices of Products are accurate, we cannot guarantee that the appearance, size, or colour of Products will match your expectations, particularly as variations may occur due to seasonal changes in ingredients or differences in display settings on your device.

6.2 We publish allergen and ingredient information to the best of our knowledge and ability. However, we operate in an environment where cross-contamination cannot be ruled out entirely. You acknowledge that it is your responsibility to review ingredient lists carefully and to disclose any dietary restrictions, allergies, or sensitivities at the time of placing your order.

6.3 Storage and use instructions are provided for your safety and the preservation of the Products. Unless otherwise specified, Products must be refrigerated promptly at or below 5 degrees Celsius and consumed within 48 hours of delivery. We disclaim any liability for deterioration, spoilage, or harm resulting from your failure to follow these instructions.

6.4 We do not provide veterinary advice. Any information supplied about nutritional suitability is general in nature. It remains your responsibility to consult your veterinary professional regarding the appropriateness of our Products for your animal’s individual health needs.

6.5 As our Products are hand-prepared and subject to seasonal supply, reasonable variations in appearance, weight and ingredients may occur. Where a listed ingredient is unavailable, we may make a like-for-like substitution that does not materially alter quality or character

7. Food Safety and Regulatory Compliance

7.1 We are committed to the highest standards of food safety and hygiene. We operate under a Hazard Analysis and Critical Control Point (HACCP) plan and hold approval from the Animal and Plant Health Agency (APHA).

7.2 Our compliance with these regulatory frameworks ensures that Products leave our control in a condition which is safe, lawful, and fit for consumption, provided that you follow the handling, storage, and use instructions supplied with your order.

7.3 You acknowledge and agree that, once delivered to you, the ongoing safety and suitability of the Products are dependent upon your compliance with those instructions. We accept no liability for any loss, damage, or injury caused by your failure to store Products correctly, to consume them within the recommended timeframe, or to follow feeding guidance.

7.4 Nothing in this clause limits our liability for delivering Products that are not of satisfactory quality, not as described, or otherwise in breach of your statutory rights under the Consumer Rights Act 2015.

7A. Intended Use of Products

7A.1 Our Products are prepared using human-grade ingredients in line with our HACCP plan and APHA approval.

7A.2 Despite this, the Products are formulated and approved exclusively for consumption by pets (specifically dogs) and must not be consumed by humans.

7A.3 By purchasing from us, you acknowledge and agree that the Products are intended solely as pet food, and that any use outside this purpose is strictly prohibited.

7A.4 We accept no liability for any adverse effects arising from consumption of Products by humans or by animals other than those for which the Products are intended.

8. Prices and Payment

8.1 All prices for Products are quoted in pounds sterling (GBP). Unless otherwise stated in writing, prices are exclusive of delivery charges, which will be calculated and displayed before you confirm your order.

8.2 We are not currently registered for VAT. Accordingly, no VAT will be charged on the sale of Products until such time as our registration status changes. Should we become VAT registered, prices will be updated to reflect VAT inclusivity, and this will be clearly communicated to customers prior to purchase.

8.3 Payment must be made in full at the time you place your order. We accept payment by Stripe and PayPal only. No other payment methods will be accepted unless expressly agreed by us in writing. Payment & Late Payment Invoices are due on receipt (7 days for account customers). If a payment is late:

• B2B orders: statutory interest 8% above Bank of England base rate + fixed late fee £40/£70/£100 (Late Payment of Commercial Debts Act 1998) and reasonable recovery costs.

• B2C orders: simple interest 3% above Bank of England base rate + £10 admin per reminder (no charges while a genuine dispute is open).

We may pause new orders until balances are cleared. Disputes must be raised within 5 days. Undisputed amounts stay payable.

8.4 When you submit payment details, you warrant that you are the authorised account holder. Fraudulent use of payment cards or payment facilities is a criminal offence, and we reserve the right to refer any suspected fraud to the police and to take civil recovery action in addition.

8.5 We will not dispatch any order until payment has been authorized by the relevant payment provider and received in cleared funds. If payment is declined, delayed, or reversed for any reason, we reserve the right to cancel your order without liability to you.

8.6 We are entitled to set off any sums owed to us by you against any sums payable by us to you under these Terms.

8.7 You must keep your account credentials secure and ensure all billing and delivery details are current, complete and accurate. We are not responsible for loss or delay where details provided are inaccurate.

8.9 Payment & Late Payment Invoices are due on receipt (7 days for account customers). If a payment is late:

• B2B orders: statutory interest 8% above Bank of England base rate + fixed late fee £40/£70/£100 (Late Payment of Commercial Debts Act 1998) and reasonable recovery costs.

• B2C orders: simple interest 3% above Bank of England base rate + £10 admin per reminder (no charges while a genuine dispute is open). We may pause new orders until balances are cleared. Disputes must be raised within 5 days. Undisputed amounts stay payable.

9. Order Process

9.1 You may place an order via our website or by any other method expressly permitted by us. When you place an order, you will receive an email acknowledging receipt. This acknowledgement does not constitute acceptance of your order.

9.2 Our acceptance of your order will only occur when we send you a written Order Confirmation. At that point, a binding Contract is formed between you and us.

9.3 We reserve the right to decline any order, whether due to unavailability of ingredients, pricing errors, or other legitimate commercial reasons. In such circumstances, we will notify you promptly, and where payment has already been taken, we will refund you in full.

9.4 Orders are prepared on a made-to-order basis. Orders placed before our published cut-off time will normally be prepared for delivery the following day. Orders placed after this time will roll over to the next available preparation day.

9.5 It is your responsibility to ensure that all information you provide when placing an order (including delivery address, contact details, and special instructions) is complete and accurate.

9.6 Products are supplied for domestic use only and not for resale. We may refuse or cancel orders where we reasonably believe the Products are intended for resale or commercial catering.

We shall not be liable for any loss, delay, or non-delivery arising from inaccurate or incomplete information supplied by you.

We may apply a minimum order value or quantity, which will be displayed at checkout. We may reject orders that do not meet the applicable minimum.

10. Delivery

10.1 Delivery is restricted to our designated Delivery Area, currently Brentwood postcodes CM13, CM14 and CM15. We may, at our sole discretion, agree to deliver outside this area, but are under no obligation to do so.

10.2 We will deliver the Products to the address specified in your order. We will make reasonable efforts to meet estimated delivery times, but time for delivery shall not be of the essence, and we accept no liability for delays caused by events beyond our reasonable control.

10.3 Where you are not available to accept delivery, you may authorise us to leave Products in a designated safe place. If you do so, delivery will be deemed completed at the time the Products are left at that location, and risk in the Products will pass to you at that point. Where safe-place delivery is authorised, you consent to our courier capturing a delivery confirmation image for proof of delivery

10.4 We do not deliver to PO Boxes, postal lockers, or addresses outside the United Kingdom.

10.5 We do not deliver on public holidays or at times notified in advance as unavailable. During peak periods, including Christmas and Easter, deliveries may be subject to additional delays.

11. Passing of Risk and Title

11.1 Risk in the Products shall pass to you upon delivery at the address you provided or, where applicable, at the point of safe-place delivery authorised by you.

11.2 Title to the Products shall not pass to you until we have received full payment for those Products in cleared funds. Until title passes, we retain the right to require the return of any Products for which payment has not been made.

11.3 Nothing in this clause affects your statutory rights in relation to faulty or misdescribed goods.

12. Customer Obligations on Delivery

12.1 You must inspect the Products immediately upon delivery. If you believe any item is damaged, defective, or not as described, you must notify us within 48 hours of delivery. Reports should be accompanied, where possible, by photographic evidence, and you must retain the Product and its packaging for inspection.

12.2 If you fail to notify us within this period, the Products shall be deemed to have been accepted by you, without prejudice to your statutory rights in respect of latent defects.

12.3 You are responsible for ensuring that Products are stored in accordance with our instructions upon delivery. Unless expressly stated otherwise, Products must be refrigerated promptly at or below 5°C and consumed within 48 hours. We shall not be liable for deterioration or harm resulting from failure to follow these instructions.

13. Right to Cancel

13.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers ordinarily have a right to cancel an online order within 14 days. However, this right does not apply to perishable goods made to the consumer’s specifications, which includes all of our Products.

13.2 Accordingly, once your order has been accepted by us, you do not have a statutory right to cancel it simply because you have changed your mind.

13.3 You may, however, cancel an order if we have materially breached the Contract, or if we fail to deliver within a reasonable time and the delay is not attributable to circumstances beyond our control.

13.4 We may cancel an order at any time prior to delivery if:
(a) we are unable to source necessary ingredients;
(b) an event outside our control prevents preparation or delivery;
(c) you have not paid in full; or
(d) you have provided incomplete, inaccurate, or misleading information.

In such cases, any payment already made will be refunded in full.

14. Returns and Refunds

14.1 Because our Products are perishable and made to order, we do not accept returns for reasons of change of mind or customer error.

14.2 Your statutory rights in relation to faulty, misdescribed, or unsafe Products remain unaffected. In particular, under the Consumer Rights Act 2015, you have the right to reject faulty Products within 30 days of delivery for a full refund, or to request repair or replacement if appropriate.

14.3 If you wish to exercise your statutory rights, you must notify us promptly, provide proof of purchase, and, if requested, return the Products in the condition delivered. We may require photographic evidence before authorising a return or refund.

14.4 Refunds will ordinarily be processed within 14 working days of our acceptance of your claim. Refunds will be made by the same method of payment you used to place the order, unless otherwise agreed.

14.5 We are not responsible for defects or damage caused by:
(a) failure to follow our storage or use instructions;
(b) mishandling, neglect, or delay after delivery; or
(c) circumstances beyond our reasonable control.

14.6 In the unlikely event that Products are found to be unsafe, misdescribed, or otherwise in breach of your statutory rights, our liability shall be limited to the remedies provided under the Consumer Rights Act 2015, subject always to the broader limitations of liability set out in these Terms.

15. Complaints and Dispute Resolution

15.1 We are committed to providing high-quality Products and customer service. If you have a complaint or are dissatisfied in any way, please contact us promptly using the details provided in these Terms. We will acknowledge your complaint within five working days and aim to respond substantively within 14 working days.

15.2 In the first instance, we will attempt to resolve your complaint informally. Where resolution cannot be reached, you may request escalation to our formal complaints procedure. We will provide you with a written outcome once the procedure is concluded.

15.3 If you remain dissatisfied, you may refer the matter to an alternative dispute resolution (“ADR”) body. While we are not obliged to submit to ADR, we will consider in good faith whether participation may resolve your complaint fairly and efficiently.

15.4 Nothing in this clause affects your right to bring legal proceedings in the courts of England and Wales.

16. Allergies and Health Disclaimer

16.1 While we endeavour to provide accurate allergen and ingredient information, you acknowledge that all Products are prepared in a kitchen where allergens may be present, and cross-contamination cannot be completely eliminated.

16.2 It is your responsibility to notify us of any allergies, intolerances, or dietary restrictions when placing your order. We cannot accept liability for any adverse reactions arising from your failure to disclose relevant information or from circumstances beyond our reasonable control.

16.3 We do not guarantee that Products will be free from all traces of allergens, including (but not limited to) cereals containing gluten, peanuts, nuts, soybeans, milk, eggs, celery, mustard, sesame, sulphites, lupin, or molluscs.

16.4 Information provided on our website or packaging about nutritional suitability is general in nature. It is not intended to substitute for professional veterinary advice. You should consult your veterinary professional if you have any concerns regarding the suitability of our Products for your animal’s particular health needs.

17. Intellectual Property

17.1 All intellectual property rights in and to our website, our branding, our recipes, and all content displayed (including text, graphics, logos, icons, images, video clips, data compilations, page layouts, and software) are owned by or licensed to us. These rights are protected by copyright, trade mark, design right, database right, and other intellectual property laws of England and Wales and international treaties.

17.2 You may not copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit any of our intellectual property without our prior written consent, except as strictly necessary for personal, non-commercial use of our website.

17.3 Any unauthorised use of our intellectual property may give rise to a claim for damages and/or constitute a criminal offence.

18. Use of Website

18.1 You agree to use our website lawfully and in good faith, and not to misuse it in any way. Prohibited conduct includes (but is not limited to):
(a) attempting to gain unauthorised access to any part of the website or its systems;
(b) introducing viruses, trojans, worms, or other malicious code;
(c) engaging in any automated data collection, scraping, or harvesting without our consent;
(d) using the website in any way that infringes the rights of others, or is unlawful, fraudulent, or harmful.

18.2 We do not guarantee uninterrupted or error-free availability of our website. Access may be suspended, restricted, or terminated at any time without notice for maintenance, upgrades, or circumstances beyond our control.

18.3 We shall not be liable for any loss or damage arising from your inability to access the website, or from reliance upon information contained on the website, save to the extent required by law.

19. Limitation of Liability

19.1 Nothing in these Terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be limited or excluded under applicable law.

19.2 Subject to clause 19.1, we shall not be liable for any loss or damage arising out of or in connection with the Contract except to the extent expressly provided for in these Terms. In particular, we shall not be liable for:
(a) loss of profits, sales, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of data or goodwill;
(e) any indirect, consequential, or special loss or damage.

19.3 Our total aggregate liability in respect of all claims under the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total price paid by you for the Products giving rise to the claim.

19.4 We shall not be liable for any failure to perform or delay in performing our obligations caused by events beyond our reasonable control.

20. Warranties and Disclaimers

20.1 We warrant that the Products supplied shall conform to their description and be of satisfactory quality at the time of delivery, in line with your statutory rights under the Consumer Rights Act 2015.

20.2 Except as expressly set out in these Terms, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.

20.3 We do not warrant that our Products will be suitable for every animal or every dietary need. It remains your responsibility to assess suitability and to seek veterinary guidance where appropriate.

20.4 Information provided on our website, packaging, or in communications is provided “as is” and for general guidance only. While we take care to ensure accuracy, we make no representation or warranty that such information is complete, reliable, or up to date.

21. Chargebacks and Fraudulent Claims

21.1 You agree to contact us directly to resolve any dispute before initiating a chargeback with your bank, card issuer, Stripe, or PayPal.

21.2 If you initiate a chargeback without merit or reasonable grounds, we reserve the right to challenge it and to provide evidence to the relevant payment provider to refute your claim.

21.3 Where a chargeback is raised fraudulently or in bad faith, we may treat this as a fundamental breach of Contract and:
(a) blacklist you from future orders;
(b) recover from you any costs, fees, or losses we incur as a result; and
(c) pursue legal action where appropriate.

21.4 Nothing in this clause affects your statutory rights to challenge payments that were genuinely unauthorised or where you are otherwise legally entitled to a refund.

22. Promotions, Discounts, and Vouchers

22.1 From time to time, we may make available promotional offers, discount codes, or vouchers (“Promotions”). The availability, terms, and duration of Promotions shall be determined by us at our absolute discretion.

22.2 Unless expressly stated otherwise, Promotions:
(a) are valid for a limited period only;
(b) may not be used in conjunction with any other offer;
(c) are not transferable, refundable, or redeemable for cash;
(d) are limited to one use per customer or household.

22.3 We reserve the right to withdraw or amend any Promotion without prior notice, including where a Promotion is being misused, applied fraudulently, or used in breach of these Terms.

22.4 In the event that you seek to redeem a Promotion in circumstances not intended by us, we may cancel your order, refuse to honour the Promotion, and, if appropriate, recover any benefits wrongly obtained.

22.5 Promotions may be subject to additional terms and conditions, which will be communicated at the time the Promotion is offered.

23. Force Majeure

23.1 We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations if such delay or failure results from events, circumstances, or causes beyond our reasonable control.

23.2 Without limitation, such events may include strikes, lock-outs, industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, pandemic, epidemic, civil unrest, acts of terrorism, acts of God, war, governmental action, or shortages of raw materials or energy.

23.3 In such circumstances, our obligations shall be suspended for the duration of the event. We will use reasonable endeavours to mitigate the impact and to resume performance as soon as practicable.

23.4 If the event continues for more than thirty (30) days, either party may terminate the Contract without liability, save that any payment obligations for Products already delivered shall remain enforceable.

24. Variation of Terms

24.1 We may amend these Terms from time to time to reflect changes in law, regulatory requirements, business practices, or improvements to our services.

24.2 The version of the Terms applicable to your Contract will be the version in force at the time you placed your order, unless any change is required by law or governmental authority (in which case it shall apply to existing Contracts).

24.3 We will make the current version of the Terms available on our website. We encourage you to review them regularly, as any use of our website after changes have been made shall be deemed acceptance of the updated Terms.

24.4 No variation to these Terms shall be effective unless made in writing and signed by our duly authorised representative.

25. Governing Law and Jurisdiction

25.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of England and Wales.

25.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising under or in connection with these Terms.

25.3 If any provision of these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, such provision shall be severed from the remaining Terms, which shall continue in full force and effect.

25.4 No failure or delay by us in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

25.5 These Terms constitute the entire agreement between you and us in relation to your purchase of Products and supersede any prior understandings, representations, or agreements, whether written or oral.

25.6 We may assign, transfer or subcontract our rights and obligations under a Contract at any time. You may not assign or transfer your rights without our prior written consent.

25.7 No person other than you and us has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

25.8 Clauses relating to risk and title, limitations of liability, intellectual property, complaints and dispute resolution, and governing law shall survive termination or expiry.

26. Notices

Notices under these Terms must be in writing and delivered by hand, pre-paid first-class post, or email to the contacts below. A notice is deemed received: (a) if delivered by hand—on delivery; (b) by post—at 7:00 a.m. on the second working day after posting; (c) by email—at the time of transmission, if sent on a working day before 4 p.m., otherwise at 7:00 a.m. on the next working day. Our contact: Two and a Half Birds Ltd, 128 City Road, London EC1V 2NX; info@tahb.co.uk