Terms and Conditions

APPLICATION
All enquiries, advice, quotations or estimates addressed to or appointments made with, provided by and/or all services rendered and/or equipment supplied or used by or on behalf of Sparkly Pets / Barking Delights (Pty) Ltd (Collectively referred to as ‘ the Company’) are subject to these terms and conditions (‘the Conditions’)

AUTHORITY
The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking, or to whom any service is rendered or equipment supplied, is deemed to have read, had explained (where applicable), understand and accepted the Conditions and deemed to be the owner of the pet or to have the authority to do so on behalf of the person owner of the pet (collectively referred to as ‘the Client(s)’).

HEALTH
The Client confirms that the pet is healthy, up to date on vaccinations and has been de-wormed and de-flead It is the duty of the Client to advise the Company of any pre-existing condition, other conditions or personality changes that may impact on the service to be provided.

VACCINATIONS: 
All dogs must have up to date vaccinations. All vaccinations must have been given at least 7 days prior to arrival and not more than 1 year prior to grooming/arrival. We might request to see your vet book to show that all vaccinations such as DHLPP (Distemper, Hepatitis, Leptospirosis, Parainfluenza and Parvovirus), Rabies and Bordetella (Kennel Cough) are up to date. Note that it is your responsibility to provide on-going verification of current vaccinations.

TICKS & FLEAS: 
All dogs must be on a monthly flea and tick program. Ie: Advantage, Advantix & Revolution etc (dips and flea collars used alone are not good enough) If at any time during day care, a dog is seen to have fleas or ticks, treatment will be given and charged to the owner
at the minimum rate of R100,00

MATTED HAIR POLICY 
Matted Dogs will be charged extra because of the following: Matted coats can cause a variety of skin & health problems. Matted fur does not allow for air circulation to the skin, causing hot spots, bacterial and fungal infections. Fleas, ticks, maggots, and other parasites may be lurking in the coat causing further skin infections. Matted fur also pulls and binds, causing pain to your pet when they move or lay on mats. The skin underneath is usually raw and inflamed. Matted coats will not dry properly and can lead to rotting fur and skin.

Due to matting, your dog’s hair may need to be shaved extremely short to the skin and may show signs of skin irritations and sores due to matting, wet undercoat, and dirty coat. To take care of a dog that has not been groomed often enough, and is matted, the required grooming sessions may be long, stressful, or painful (please note, more than 1 grooming session may be required if your dog is severely matted).

It is the goal of Sparkly Pets / Barking Delights to make your pet’s grooming experience as stress free as possible. Due to the condition of your dog, Sparkly Pets / Barking Delights has determined that the only humane thing to do is to shave the dog’s coat down. This is a short clip, removing all the matting. Where feasible, we work to de-mat/brush out the dog’s coat, but only when it would not cause excessive pain and suffering to attempt to do so.

There is a strong chance that your pet’s skin will become irritated during the clipping process. We will use a medicated shampoo to help sooth any irritation that may occur. The matted hair rests tightly against the skin – the only way of removing mats is to use a short blade to clip between the skin and mats. Your dog may be nicked and cut because the groomer has to work so closely to the skin to remove the matted coat. Our groomers are very careful, but the possibility of injury exists. Understanding these risks, Sparkly Pets / Barking Delights is authorized to proceed with the dematting process.

Sparkly Pets / Barking Delights will be happy to show you how to care for your pet’s coat so that matting does not recur. Please schedule a follow-up appointment to speak with our groomers about the best methods for maintaining your dog’s coat.

The pet owner:

Confirms that he/she has read & if required discussed the above with Sparkly Pets;
Approves and accepts the risks detailed above
Releases, indemnifies, and holds harmless Sparkly Pets / Barking Delights and its staff and owners (‘the Indemnified Parties’) from any liability associated with the above-mentioned process and all medical problems that may be uncovered and/or occur during the stripping and de-matting process.
Furthermore, waives any claims that he/she may have against the Indemnified Parties of whatsoever nature and howsoever arising.
Undertakes to treat as completely confidential any incident of whatever nature that may occur at the premises of the Indemnified Parties and/or any veterinarian
Agrees to pay all veterinarian fees should any dog need veterinarian care after or during the process

ACCIDENTS/EMERGENCIES
The Client accepts that accidents may happen and emergencies may arise due to any extraneous circumstances or any act or omission on the part of the Company. If and when such accidents or emergencies occur the Company will use its best endeavours to communicate with you. Whether or not the Company manages to communicate with you, you are deemed to authorise the Company, the Company will transport your pet to your vet or the choice of vet of the Company for further care. All veterinary bills caused by serious matting, pre-existing conditions, aggressive or difficult temperament, or from the pet being elderly are the responsibility of the Client. Veterinary bills arising from the negligence of the Company will be for the Company’s account. The above applies to veterinary and doctors’ bills for damage, injury, harm or death to other animals or humans arising from any such accidents or emergencies.

CANCELLATION
Any change or cancellation of any appointment time requires at least 24 (Twenty Four) hours’ notice failing which the Client will remain liable for the cost/fee. If 2 (two) appointments are missed without given notice, the Client may then be required to pre-pay prior to scheduling any further appointments.

RESPONSIBILITY – DISCLAIMER, WAIVER AND INDEMNITY
Clients use the services provided by and the equipment used/supplied by the Company and travels to and from the Company premises (‘the Premises’) on the express condition that the Client does so entirely at their own risk. the Company, its directors, members, partners, employees, agents and the owners of the Premises (‘the Indemnified Parties’), shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, death, harm, illness, trauma, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), to or loss of or damage to their property including any medical expenses whatsoever, wherever, whenever and however the same may occur and whether or not arising from any act, omission, default, or negligence on the part of any of the Indemnified Parties whatsoever. Such liability will be subject to a limitation of R10 000, 00 (Ten Thousand Rand) per Client per appointment. The Client indemnifies and holds harmless the Indemnified Parties accordingly and irrevocably waives any claims as aforesaid. The Indemnified Parties shall furthermore not be liable for any consequential or indirect or economic loss or damage whatsoever.

LAW
South African law and the jurisdiction of South African courts will govern the relationship between the Client and LTFA shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction. The parties choose their respective domicilium citandi et executandi as reflecting in the enrolment form. The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to take any legal steps of any nature whatsoever pertaining to the Conditions.

CONFIDENTIALTY AND PRIVACY
Subject to statutory constraints or compliance with an order of court, the Company undertakes to deal with all Client information of a personal nature on a strictly confidential basis. Furthermore, as far as the Client’s personal information and special personal information is concerned, the Company will comply with all provisions of the applicable privacy legislation such as the Protection of Personal Information Act, Act 4 of 2013 [‘POPIA’]) in L the Company’s Privacy Policy which is incorporated herein by reference and which you are deemed to have read, understand and agree to be bound by.

AMEND
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of the Company.

REFUND
No refunds will be considered in any circumstances whatsoever, whether for unused services or otherwise.

FORCE MAJEURE
DEFINITION
The parties agree that one or more of the following events, circumstances or occurrences will constitute prima facie force majeure for the purposes of the terms and conditions that govern the relationship between the parties, subject to the qualifying requirements, i.e. * Acts of God and casus fortuitous: physical, natural causes which cannot be foreseen or prevented and which without limiting the generality of the aforesaid includes tornadoes, death, extraordinary high tides, tidal waves, violent winds, storms, floods, earthquakes, earth tremors, volcanic eruption, hurricanes, tornados, typhoons, cyclones, landslides, subsidence, lightning strikes, fire and other natural disasters; * Industrial action such as strikes and lockouts, riots, protests and protest action, whether of a political nature or not; * Epidemic, pandemic or the outbreak any other life and/or health threatening diseases,; * Any other event that is due to an irresistible force, unavoidable and external accident; * Breakdown of public services and amenities;

REMEDIES
The parties will agree on the postponement of appointment failing which the Company will supply the Client with a voucher for future use, which voucher will be to the value of the cancelled appointment.

DISPUTE

DISPUTE RESOLUTION
Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:1 Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably.Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in cape Town within 2 (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.
2 Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application

COPYRIGHT
Any intellectual property and specifically copyright in the services is and shall remain the sole and exclusive property of the Company.

ENTIRE CONTRACT
The Conditions (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made and indemnities signed and the Company’s Privacy Policy) constitute collectively the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges
that he/she has not relied on any matter or thing stated or presented by or on behalf of the Company or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of the Conditions. The Company reserves the right to revise the conditions from time to time – each revision will be dated and posted on its website.