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TERMS AND CONDITIONS OF SALE

Petcareshop Australia Pty Ltd (Petcareshop.com.au)

I/WE AGREE TO BE BOUND BY THE TERMS AND CONDITIONS APPEARING BELOW:

Petcareshop.com.au's Terms and Conditions govern the use of this Website and the provision of Goods by Petcareshop.com.au to Me/Us and will apply and prevail over any other document. Petcareshop.com.au may revise the Terms and Conditions from time to time at its discretion by posting the amended terms and conditions on its Website.

I/We acknowledge that the use of this website is conditional upon My/Our acceptance and compliance with these Terms and Conditions.


1.      Formation of a Contract and definitions

(a)    A quotation by Petcareshop.com.au does not constitute an offer. Such quotations are provided as a pricing guide and are not binding and Petcareshop.com.au cannot confirm the price of any Goods until they are ordered by Me/Us and the Order has been accepted by Petcareshop.com.au.

(b)   I/We acknowledge an Order confirmation or other notification does not signify Petcareshop.com.au's acceptance of My/Our Order, nor does it constitute confirmation of Petcareshop.com.au's offer to sell. Petcareshop.com.au reserves the right at any time after receipt of My/Our Order to accept or decline My/Our Order for any reason.

(c)   Without limiting paragraph (b), Petcareshop.com.au reserves the right to decline or cancel any Order if, because of a typographical or otherwise, a product has been listed at an incorrect price. If payment has been received by Petcareshop.com.au in respect of such Goods, Petcareshop.com.au will immediately arrange for a refund of the amount paid to Me/Us.

(d)   In these Terms and Conditions:

(i) "Contract" means a contract, incorporating these Terms and Conditions, for sale by Petcareshop.com.au to Me/Us of the Goods in an Order.

(ii) "Goods" means the Goods that Petcareshop.com.au supplies to me/ us pursuant to an Order

(iii) "Order" means an Order for Goods made by Me/Us to Petcareshop.com.au using Petcareshop.com.au's Website ("Website").

(iv) "Order Price" means the total price quoted by Petcareshop.com.au in respect of the Goods in an Order.


2.     Quotations, Payments and GST

(a)   Petcareshop.com.au will not (and is not required to) dispatch the Goods that are the subject of an Order until it receives full payment of the Order Price.

(b)   In addition to the Order Price, I/We must pay to Petcareshop.com.au (at the same time that it pays the Order Price) an amount equal to:

(i) any GST (without deduction or set off of any other amounts) in respect of any Order performed by Petcareshop.com.au under the Contract; and

(ii) any delivery charges (as quoted by Petcareshop.com.au to Me/Us).

(c) Words defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in these Terms and Conditions.

(d) In the event that Goods are displayed in error, or a pricing error has occurred in respect of the Goods, Petcareshop.com.au reserves the right to decline or cancel My/Our Order.


3.     Delivery

(a)   Delivery or despatch dates mentioned in any quotation, Order acceptance form or elsewhere are approximate only and not of any contractual effect. Petcareshop.com.au is not liable to Me/Us for failure to deliver on a particular date or dates and any delay in delivery does not extinguish My/Our obligation to accept and/or pay for the Goods. Time for delivery is not of the essence of an Order and shall not be made so by the service of any notice.

(b)   The Goods are at My/Our risk and I/We accept all risk of loss of, damage to or deterioration in any Goods, however caused, from the time of physical delivery of the Goods to the delivery point specified in an Order ("Delivery Point").

(c)   I/We acknowledge that Orders are shipped via Australia Post and Petcareshop.com.au may refuse to deliver to any location that is not serviced by Australia Post.

(d)   Without limiting paragraphs (b) or (e), Petcareshop.com.au will not accept any responsibility or any claim in respect of Goods delivered to a Delivery Point unless I/We are present at the Delivery Point, at the time of delivery, to accept the Goods (this paragraph (d) applies irrespective of whether Goods are shipped by Ordinary post or Express or Registered post).

(e)   I/We will be deemed to have accepted delivery an Order irrespective of whether the shipment is lost, incomplete or damaged during shipment, unless within 5 days of the date of expected delivery (as notified by Petcareshop.com.au to Me/Us), I/We give notice to Petcareshop.com.au that the delivery has not been received, or has been received but is incomplete or damaged.


4.     Usage

(a)   Petcareshop.com.au does not specify the purpose of use of the Goods supplied and shall not be held responsible for any injuries, damages suffered or loss as a result of any use of the Goods supplied.

(b)   Petcareshop.com.au expressly excludes any warranties or representations in respect of any Goods, including in respect of the use of the Goods and/or the treatment or prevention of any disease or ailment. Any information provided on this Website is provided as general information only and should not be relied upon as a source of veterinary, medical or other advice. Without limiting the above, Petcareshop.com.au is not responsible for the accuracy of information contained on the Website that is provided by third parties.

(c)   Nothing contained on this Website is intended to be a substitute for proper veterinary advice. I/We acknowledge and agree that our use of the Website and/or the placing of an Order for Goods does not give rise to a vet/client relationship and that I/We should consult with an appropriate independent veterinarian before relying upon any information contained on this Website.

(d)   I/We accept full responsibility for any injuries, damages suffered or loss as a result of any use of any Goods.


5.     Cancellation

(a)   I/We acknowledge that Orders cannot be cancelled, except upon terms which will fully compensate Petcareshop.com.au against all and any loss occasioned to it as a consequence of such cancellation.

(b)   Any cancellation by will not be valid unless a written consent to the cancellation has been provided by Petcareshop.com.au.

(c)   If I/We wholly or partly cancel any Order, Petcareshop.com.au reserves the right to alter the Order Price to reflect the reduced Order.


6.     Defective Goods

Without limiting the obligations of Petcareshop.com.au at law:

(a)   It is My/Our responsibility to inspect the Goods as soon as practically possible after delivery. Inspection procedures should have due regard to the nature of the Goods and their intended application.

(b)   Goods alleged by Me/Us to be defective, if notified to Petcareshop.com.au within 5 working days of receipt by Me/Us (time being of the essence) and accepted by Petcareshop.com.au as defective, will at the discretion of Petcareshop.com.au be replaced free of charge (to the original delivery point). Petcareshop.com.au reserves the right to inspect Goods that I/We allege to be defective.

(c)   I/We shall not assert any claim for any reason after the Goods are used, sold, cut, processed or otherwise altered by Me/Us.

(d)   In no case shall any claim exceed the invoice value of the Goods in respect of which that claim is made. Only one claim may be made with respect to any particular Goods and that claim must clearly identify the specific transaction number to which the allegedly defective Goods relate.


7.     Returns

(a)   Subject to paragraph (b) Petcareshop.com.au will accept the return of Goods in the following circumstances:

(i) if it is a warranty replacement (as a result of a defect in such Goods); or

(ii) for any other reason, provided that:

(A) the Goods are not a food item (which cannot be accepted for return due to health and safety reasons); and

(B) the Goods have not been opened or damaged and are in their original packaging.

(b)   Petcareshop.com.au will not accept the return of any Goods unless:

(i) I/We have notified Petcareshop.com.au of My/Our intention to return the Goods within 21 days of the delivery of the Goods by Petcareshop.com.au to Me/Us;

(ii) Petcareshop.com.au has provided written consent to such return;

(iii) the returned goods are in their original packaging; and

(iv) the Goods are returned to a location the Petcareshop.com.au nominates by registered post (or other insured postage as approved by Petcareshop.com.au).

(c)   Petcareshop.com.au reserves the right to charge a restocking fee of $10 or 15% of the value of any Goods returned (whichever is the greater)  under paragraph (a)(ii).

(d)   All freight charges for the return of Goods pursuant to this clause must be paid by Me/Us and I/We are responsible for any damages incurred during the return of such Goods.


8.     Limitation of liability

(a)   No warranties (except those implied and which cannot be excluded by law) are given by Petcareshop.com.au in respect of Goods or services supplied and Petcareshop.com.au does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free.

(b)   I/We cannot claim against Petcareshop.com.au for any minor deviation regarding the dimensions, quality or finish of Goods ordered. I/We have not relied on any advice or representation by Petcareshop.com.au or any descriptions, illustrations or specifications contained in any document produced by Petcareshop.com.au.

(c)   To the extent permitted by law, Petcareshop.com.au excludes all statutory or implied conditions and warranties and limits its liability (under any conditions or warranty which cannot legally be excluded) to the:

(i) replacement of the Goods ordered or the supply of equivalent Goods;

(ii) repair of the Goods;

(iii) payment of the costs of replacing the Goods; or

(iv) payment of the costs of having the Goods repaired;

(as determined by Petcareshop.com.au in its absolute discretion).

(d)   To the maximum extent permitted by law, Petcareshop.com.au, its employees or agents will not be liable for loss or damage (including loss or damage as a result of third party claims, any loss of profits, loss of goodwill, loss of opportunity or any indirect, exemplary, special, incidental or consequential loss or damage) of any kind whatsoever, whether for negligence, breach of contract, misrepresentation or otherwise.

(e)   Under s56 of the Sale of Goods Act 1896 (Qld), the parties specifically exclude any warranties or other terms which might be implied into the contract by that Act, including but not limited to, any warranties of merchantability, correspondence to description and fitness for a particular purpose.


9.     Indemnity

I/We must fully indemnify Petcareshop.com.au against any loss, claim, damage, suit, action, expense or liability whatsoever incurred by Petcareshop.com.au in connection with:

(a)   the handling, transport, storage, display or use of Goods from the time Goods are at My/Our risk;

(b)   any breach by Me/Us of these Terms and Conditions; and

(c)   any negligence, wrongful act or omission, or breach of statutory duty by Me/Us or by My/Our employees, contractors, officers or agents.


10.     Online Procurement

(a)   I/We must provide any details requested honestly and accurately, and must not make any false or misleading representations or statements to Petcareshop.com.au.

(b)   I/We acknowledge that everything contained on the Website is subject to copyright (and, where applicable, the protection of trademark law) and is owned by Petcareshop.com.au, unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the Website without the prior written permission of Petcareshop.com.au. Petcareshop.com.au neither warrants nor represents that My/Our use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Petcareshop.com.au.

(c)   Any links provided to other websites operated by third parties are provided for convenience only, and Petcareshop.com.au makes no warranties and takes no responsibility for the accuracy of any information contained in such websites.

(d)   I/We acknowledge that Petcareshop.com.au's Website is intended for, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, children under the age of 18 are not eligible to participate in the commercial features of this Website and Petcareshop.com.au.

(e)   I/We acknowledge that Petcareshop.com.au is entitled to suspend or terminate My/Our access to the Website at its absolute discretion and without prior notice. Petcareshop.com.au will not provide Goods to persons who are temporarily or indefinitely suspended users.

(f)   I/We will maintain the confidentiality of My/Our account information, including passwords. I/We acknowledge and agree that I/We will be liable for all purchases made by persons who have accessed My/Our account, whether or not such purchases are authorised by Me/Us. My/Our account cannot be transferred to another party.

(g)   Petcareshop.com.au may in its sole discretion change some or all of its products at any time. In the event Petcareshop.com.au introduces a new product, the prices listed for that product are effective at the launch of the product.

(h)   Unless otherwise stated, all prices are quoted in Australian Dollars. I/We are responsible for paying all fees associated with using Petcareshop.com.au's services and its Website and all applicable taxes (including any GST or value added taxes, which will be added to amounts billed to Me/Us).

(i)   Petcareshop.com.au may, in its sole discretion and at anytime, discontinue or vary this Website or any part of it, with or without notice.

(j)   I/We will not use any automatic device or manual process to monitor or copy the Website pages or the content contained herein without Petcareshop.com.au's prior expressed written permission. I/We agree that I/We will not use any device, software or routine to bypass Petcareshop.com.au's robot exclusion headers, or to interfere or attempt to interfere with the proper working of Petcareshop.com.au's Website or any transaction being conducted through Petcareshop.com.au's Website. I/We agree that I/We will not take any action that imposes an unreasonable or disproportionately large load on Petcareshop.com.au's infrastructure. I/We agree that I/We will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from Petcareshop.com.au's Website without the prior express written permission of Petcareshop.com.au or the appropriate third party authorised to grant such permission.

(k)   Any communication or material I/We transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything I/We transmit or post may be used by Petcareshop.com.au or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.

(l)   When I/We visit Petcareshop.com.au's Website or send emails to Petcareshop.com.au, I/We acknowledge that I/We are communicating with Petcareshop.com.au electronically. I/We consent to receive communications from Petcareshop.com.au electronically. Petcareshop.com.au will communicate with Me/Us by e-mail or by posting notices on this site. I/We agree that all agreements, notices, disclosures and other communications that Petcareshop.com.au provides to Me/Us electronically satisfy any legal requirement that such communications be in writing.

(m)   Petcareshop.com.au does not warrant that access to the Website will be uninterrupted or error free and does not warrant that the Website or the Website's associated server will be free of viruses or other harmful components.


11.     General

(a)   The laws of the State of Queensland govern the Contract and I/We agree with Petcareshop.com.au to submit to the non-exclusive jurisdiction of the courts of Queensland and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Contract.

(b)   I/we must not resell any Goods supplied to any third party without express written permission from Petcareshop.com.au.

(c)   Any provision of these Terms and Conditions which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these Terms and Conditions enforceable.

(d)   I/We must not sub-contract, transfer, assign, charge, otherwise encumber, declare a trust over or otherwise create an interest in or dispose of any rights under the contract without the prior written consent of Petcareshop.com.au.

(e)   A right may only be waived in writing, signed by the party giving the waiver, and:

(i)   no other conduct of a party (including failure to exercise, or delay in exercising a right) operates as a waiver of the right or otherwise prevents the exercise of the right; and

(ii)   the exercise of a right does not prevent any further exercise of that right or of any other right..