Terms & Conditions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, Shop4Pets
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "http://www.shop4pets.com.au/"
1. Definition and Interpretation
1.1 In these Terms & Conditions, unless the contrary intention appears:
"Agreement" means these Terms & Conditions;
"Law" means the Australian Consumer Law which forms part of the Competition and Consumer Act 2010 (Cth);
"Owner" means the [Shop4Pets A.B.N. 39 297 650 841];
"Service Provider" means the company providing website content management system and hosting services to the Owner for the Website from time to time;
"Website" means http://www.shop4pets.com.au/; and
"User" or "Users" means the person or persons or entity using the Website.
(a) A reference to "us", "our", "we" is a reference to the Owner;
(b) A reference to "you", "member" and "visitor" is a reference to the User.
2.1 By visiting and/or using the Website, associated services and functionality you agree to be bound by this Agreement.
2.2 This Agreement is between you and the Owner.
2.3 If you do not agree to any provisions of this Agreement, you must not use the Website.
2.4 We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by any changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our Website from time to time to acquaint yourself with the current version of this Agreement.
3.1 You may not use another member's account without permission.
3.2 When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
3.3 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
3.4 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
4. Legal Capacity
4.1 By making an on-line purchase you accept this Agreement and acknowledge that you:
(a) Are over eighteen (18) years of age, and/or
(b) Are entering into a legal contract with us.
4.2 Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
5. Supply or Termination of services to You
5.1 We aim to provide a positive experience for all Users. Accordingly, we reserve the right to change (i.e. alter, remove or add
functionality) the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the
same equipment or software you used prior to the change.
5.2 We may stop (temporarily or permanently) providing access to the Website to you, or to visitors or members generally, at our
discretion and without prior notice to you.
5.3 We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
6.1 We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website;
(b) you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
(c) personal injury or property damage of any nature resulting from your access to, and use of, the Website;
(d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from our Website;
(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
6.2 The merchantability or fitness for any purpose of any product or service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
6.3 We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. The only authorised access point is http://www.shop4pets.com.au or http://www.shopforpets.com.au with no characters before or after "www.shop4pets.com.au". http://www.shopforpets.com.au will be directed to the main address of http://www.shop4pets.com.au
6.4 We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
6.5 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, collars, leashes and harnesses) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website.
6.6 Where any law provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
6.7 Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for your actions.
6.8 Where any law implies a warranty into this Agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
(a) in the case of goods:
(b) the replacement of the goods or the supply of equivalent goods;
(c) the repair of the goods;
(d) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(e) the payment of the cost of having the goods repaired; and
(f) in the case of services:
(g) the resupply of our services, or
(h) the payment of the cost of resupply of our services.
7. Use of services by you
7.1 You agree to use the Website only for purposes that are permitted by:
(a) this Agreement;
(b) any applicable law or regulation; and/or
(c) generally accepted practice or guidelines.
7.2 You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
7.3 You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
7.4 You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
7.5 You agree not to use, copy, distribute or commercialise content except as permitted by this Agreement, by law or with our prior written consent.
7.6 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
8. Information on the Website
8.1 Information about products (i.e. goods and services) on the Website is based on material provided by suppliers and product manufacturers.
8.2 You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
8.3 You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
9.1 Products displayed on the Website do not constitute an offer to sell. It is an invitation to treat only.
9.2 Orders placed by you are offers to purchase particular product under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
9.3 We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
9.4 Shop4Pets only distributes within Australia. Please note we DO NOT ship internationally.
10.1 The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
10.2 Prices are current at time of display but are subject to change.
11.1 All payments must be received in full prior to dispatch. Please read the Payment section of the Website for payment options.
11.2 If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
12. Supply of product
12.1 Subject to this Agreement, we will supply to you the products shown on your order confirmation.
12.2 You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
12.3 Please read the Delivery section of the Website for delivery options and details. We do not permit personal pick up.
13. Risk and Title
13.1 We retain ownership of goods until payment is received in full.
13.2 Risk in goods, such as loss or damage, passes to you upon delivery.
14. Change of mind returns
14.1 Your satisfaction is our number one priority however, please choose carefully as we do not refund or exchange simply because you changed your mind or the product was not what you expected.
14.2 However, if the product is found to be faulty, you're responsible to contact us within 7 days from the date in which you received the product for a refund.
15. Statutory Conditions and Warranty/Refunds
15.1 The Law incorporates into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Law, a "major" failure, then the remedy will be limited to a refund or a replacement, at your election. In all other cases, a breach of such warranty will give rise to a refund or replacement at our election.
15.2 As supplier, we provide the following express warranties:
(a) We will refund or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
(b) Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any shipping costs to return the original product to us.
(c) Replacement products are subject to the same warranties as the original.
(d) You must retain your proof of purchase for any manufacturer warranty claims.
(e) Refunds will be issued using the payment method used for purchase, Credit Card or Paypal at our discretion.
15.3 In order to obtain these remedies:
(a) You must notify us within a reasonable time of supply of the goods. In this context a "reasonable time" is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In many cases this will be 7 days, but in some circumstances may be longer. Please contact us at email@example.com Once contacted we will advise you of the best way to return any products.
(b) Except if and to the extent the Law requires otherwise, replacement of products or refund will not be made until the original product is received by us and your claim verified.
(c) We aim to process refunds and replacements within 28 days of receipt by us of the original product.
(d) We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
16. Links to third party websites
The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
17. Intellectual property
17.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
17.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
17.3 You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
17.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.
18. Transfer and Assignment
In the event that we merge, sell or otherwise change control of our business or the Website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement
20. Force majeure
We shall not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
21. Applicable law
21.1 This Agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of Queensland, Australia.
21.2 If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
23. Promo Codes
23.1 "Promo Code" or "Promo Codes" means [A promotional code determined by Shop4Pets, used at the checkout process to apply a discount to the total order amount]; "Site" means [http://www.shop4pets.com.au];
23.2 Promo Codes:
(a) Cannot be applied to previously placed orders or purchases.
(b) Promo Codes are not transferable or redeemable for cash or credit.
23.3 Certain products are excluded from promo codes. Please refer to the specific details of the promo code for a list of excluded products.
23.4 For the particular Promo Code to apply, it must be entered prior to completing your order.
23.5 Promo Codes provided to you by Shop4Pets will have the value, exclusions and limitations as notified to you at the time you were provided with them, and may be valid for limited periods.
23.6 The Promo Code is valid only for qualifying purchases made on the Site. A qualifying purchase means the purchase of the specified product or products in accordance with the conditions notified to you at the time you were provided with the Promo Code. A Promo Code may only be used once per qualifying transaction and is applied to the transaction as a whole, not per customer. If a Promo Code is no longer valid upon entry you will be notified.
23.7 To redeem the Promo Code, you type the Promo Code into the promotional code field in the check-out section of the Site, click the "add promo button" and the relevant discount will be automatically deducted from the final price of your qualifying purchase. If you fail to enter the Promo Code at the time of purchase as specified above, your purchase will not be eligible for the discount. Discounts may not be claimed after you have confirmed your purchase on the Site.
23.8 You may not redeem or exchange the Promo Code or applicable discount for cash. You may not use or combine the Promo Code with any other promotions unless permitted by Shop4Pets. If lost or stolen, the Promo Code will not be replaced.
23.9 Shop4Pets prohibits the posting of the Promo Code on the Internet or any public forum, or the forwarding or giving of the Promo Code to any other person.
23.10 In the event of any violation of these terms & conditions, Shop4Pets reserves all of the rights and remedies available to Shop4Pets including charging your payment card for the amount of the discount obtained by your use of the Promo Code, and all other remedies available to Shop4Pets.
23.11 Shop4Pets makes no representation and excludes any warranty, express or implied, as to the availability, quality, timeliness, performance or fitness for a particular purpose of a Promo Code or any of the products purchased using a Promo Code.
23.12 In the event that a Promo Code is not functional, your sole remedy, and the sole liability of Shop4Pets shall be the replacement of the non-functioning Promo Code.
23.13 Shop4Pets reserves the right to change the Promo Code and these Terms and Conditions from time to time at its sole discretion and to modify, suspend or cancel any Promo Code or related promotion at any time.
23.14 Users of Promo Codes must be over 18 and Australian residents.
24. Free Gift Promotion
The customer must spend over $70.00 on cat or dog products to receive the free gift. The free gift will be a cat or dog product depending on what the customer has purchased. If the customer has purchased both cat and dog products then the free gift will be a random pick of either a cat or dog product. Free gift can not be redeemed for money, exchanged for another product and it is not covered under warranty.
Please note that the final order total must be $70.00 or more in order for customers to be eligible for the free gift. If a promo code is used and it decreases the final order amount below $70.00 then the customer will not be eligible for the free gift.