Terms and Conditions of Sale

These are the terms and conditions on which we supply our products to you. Please read these terms carefully before you submit your order.

1. Your order

1.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

1.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because a credit reference we have obtained for you doesn’t meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have requested.

1.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

1.4 Our website is solely for the promotion of our products in the mainland England, Scotland (excluding the Scottish Highlands), Wales and Northern Ireland. Unfortunately, we do not deliver to addresses outside these areas.

2. Our products

2.1 The images of products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

2.2 While every care has been taken to ensure product information is correct, the nature of animal food products means that the information we provide cannot be exact with respect to size, weights and amounts per product advertised. In addition where we offer products other than live food, the formulations of these are subject to changes from time to time. You should always read the product label and not rely solely on the information provided on the website.

2.3 The packaging of the product may vary from that shown in images on our website.

3. Price and payment

3.1 For one off orders, the price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order and includes the cost of delivering the product to you.

3.2 For subscription orders, the initial price of your subscription will be price confirmed at the time of you placing your subscription order (including costs of delivery). However, we may update or amend the prices for products in your subscription from time to time and will notify you in writing if there are any changes. You can also find out the current details of your subscription, your current subscription fee and your next due date for payment by contacting us at any time. If we update the prices of any of the products which form part of your subscription, we will notify you of the price increase 30 days in advance of taking your next subscription fee, and we will give you the option to cancel your subscription if you are unhappy with any of the proposed changes.

3.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

3.4 We accept payment with Visa, Mastercard, American Express, Maestro, Google Pay, Apple Pay and PayPal or by direct debit for subscription orders.

3.5 Whether you request a one off order or a subscription, you must pay for any products as part of such order or subscription before we dispatch them.

3.6 For subscription customers, we will automatically charge the then-applicable subscription fee for the products included in your subscription using your preferred payment method on a weekly, bi-weekly or four-weekly basis (depending on the subscription chosen)  starting on the first payment date confirmed to you when you placed your order. If your preferred payment method becomes invalid during your subscription, or if the charge is refused for any other reason outside our control, you authorise us to use any other payment method we have on file in your account or, if all payment methods are declined, you must provide us a new eligible payment method within 30 days or your subscription will be cancelled.

3.7 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

3.8 If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.


4.1 During the order process we will let you know when and how we will deliver our products to you.

4.2 For one off orders, if you place your order before 1pm Monday to Thursday we will dispatch your order on the same day. We aim to deliver all orders on the next working day after receipt of your order, but in any event within 2 working days after the day on which we accept your order.

4.3 For subscription customers, we will do our best to ensure that deliveries will be made every week (for weekly subscriptions), every other week (for bi-weekly subscriptions) or every four weeks (for four-weekly subscriptions) on approximately the same date of the month (but otherwise within 1 - 2 days either side) in which you first submitted your subscription.

4.4 Where you have selected a subscription option, we will supply the products to you until either the subscription expires (if applicable), until you decide to end your contract with us (under paragraph 7) or until we end your contract with us (under paragraph 10).

4.5 If delivery of your products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by such an event, but if there is a risk of substantial delay (being more than 10 days after the expected delivery date) you may contact us to end the contract and receive a refund for any products you have paid for but not received.

4.6 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

4.7 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and paragraph 10.2 will apply.

4.8 A product will become your responsibility from the time we deliver it to the address you gave us.

4.9 We may need certain information from you so that we can supply the products to you, for example, your correct delivery address. If so, this information will be requested at the time you place your order. If you do not give us the required information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and paragraph 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.

4.10 We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

4.11 We may have to suspend the supply of a product to deal with technical problems or make minor technical changes, update the product to reflect changes in relevant laws and regulatory requirements or to make changes to the product as requested by you or notified by us to you.

4.12 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

4.13 If you do not pay us for the products when you are supposed to (see paragraph 3.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see paragraph 3.9). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see paragraph 3.8).

5. Making changes to your order

5.1 If you wish to make a change to the product you have ordered please contact us as soon as you can. We will let you know if the change is possible.

5.2 If a change you have requested is possible we will let you know about any changes to the price of the product, the time for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5.3 We may change the product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not affect your use of the product, unless we tell you otherwise.

6. If there is a problem with your products

If you have any questions or complaints about your products, please contact us. You can write to us info@livefoodforbirds.co.uk 

7. Your rights to end the contract

7.1 You will be entitled to cancel your contract with us in the following circumstances:

      7.1.1 Where you have changed your mind

You will be entitled to cancel your order and receive a refund for your products if you change your mind and tell us this within 14 days of your products being delivered or (in the case of a subscription) within 14 days of receiving your first order. However, please be aware that this right to change your mind will not apply where:

a) you have opened or unsealed your products;

b) where any products which become mixed inseparably with other items after their delivery;

c) or where the products are live goods with a short shelf life, as we cannot then accept returns of such products for health and hygiene reasons.

7.1.2 Where your products are faulty or mis-described

If the products you have ordered are not as they were described by us, not fit for purpose or are not of satisfactory quality when they are delivered, you will be entitled to cancel your order and receive a full refund if you notify us of these issues within 30 days of receiving your order and provide reasonable evidence that the products were faulty or misdescribed on delivery (due to the short shelf life of our live products any evidence from later than 5 days after delivery will not be sufficient).
If you do not tell us about an issue within 30 days but do tell us within 6 months of receiving your order (and provide reasonable evidence of the issue) you will be entitled to replacements for the products ordered.
7.1.3 Where we have made a change or told you about an upcoming change

Where we have told you about an upcoming change to the product or these terms which you do not agree to, have told you about an error in the price or description of the product you've ordered and you don't wish to proceed or where we have had to suspend delivery of your products to make changes to them, you will be entitled to cancel your order and receive a full refund for any products paid for but not yet delivered.

7.1.4 Where there are significant delays with your order

If there is a risk that delivery of your products may be significantly delayed (being at least 3 days after their due date for delivery) because of events outside our control, you will be entitled to cancel your order or subscription and you will receive a full refund for any products which have not been provided.

7.1.5 Where you want to cancel your ongoing subscription for any other reason

Where you have a subscription contract with us, that contract will renew on either a weekly, bi-weekly or 4-weeklybasis depending on the subscription contract you have selected. You may cancel your subscription contract at any time by contacting us. Your subscription will then end after your current subscription period has ended, unless you have contacted us less than 7 days before the end of your current subscription period (in which case it will end after the following period).

8. How to cancel your order or subscription

8.1 To cancel your order or end your subscription with us, please let us know by emailing us at info@livefoodforbirds.co.uk

8.2 If you end the contract for any reason of the reasons given in paragraph 7 above after products have been dispatched to you or you have received them, you should dispose of the products and not return them to us.

9. Refunds

9.1 Where you are entitled to a refund following cancellation of your order or subscription, we will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.

9.2 If you are exercising your right to change your mind (within the permitted timescales and only for products which aren’t live):

9.2.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way (including unsealing any sealed products), you must pay us an appropriate amount; and

9.2.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

9.3 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind (within the permitted timescales and only for products which aren’t live) then your refund will be made within 14 days of the day on which you notify us in writing of your decision to cancel.

10. Our rights to end the contract

10.1 We may end the contract for a product at any time by writing to you if:

10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

10.1.3 you do not, within a reasonable time, allow us to deliver the products to you.

10.2 If we end the contract in the situations set out in paragraph 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 If you are a subscription customer, we may write to you to let you know that we are going to stop providing any products you have subscribed for. We will let you know at least 30 days in advance of our stopping the supply of the product wherever possible and will refund any sums you have paid in advance for products which will not be provided.

10.4 We may cancel your subscription contract immediately by notice if we consider that your use of the subscription service materially breaches these terms or any applicable law, you fraudulently use or misuse the subscription service or if you no longer pass our credit reference checks. In this case, we will not be obliged to give any refund to you. We will inform you of the cancellation of your subscription service.

11. Our responsibility for loss or damage suffered by you

11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2 This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are as described and match information we provided to you, of satisfactory quality and fit for any particular purpose made known to us as well as for defective products under the Consumer Protection Act 1987

11.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. How to contact us

12.1 You can contact us by emailing us at info@livefoodforbirds.co.uk.

12.2 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

13. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

14. Other important terms

14.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if this would result in your products having to be sent outside of the UK or if we reasonably feel this is being done to avoid payment for your products.

14.3 This contract is between you and us. No other person will have any rights to enforce any of its terms.

14.4 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts and if you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.