|Terms & Conditions|
|The following terms and conditions govern the Service that we offer at the Site (“Terms and Conditions”). It covers all Sales conducted on this website.
Please read these terms and conditions carefully. When you access the Service, you are deemed to have accepted, and will be bound by the Terms and Conditions, as amended and varied by us from time to time.
1.1 Terms and conditions
a. Capitalised terms used throughout the Terms and Conditions have the meaning given to them in clause 11.
b. The terms and conditions contained in the Terms and Conditions set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the Service, or claim damages against you. However, we do not intend to act unreasonably. Please take time to read these terms and conditions and make sure you understand them. If you have any questions, please contact us directly.
c. We may amend the Terms and Conditions from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review this Terms and Conditions from time to time for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to this Terms and Conditions will constitute your acceptance of the new terms & conditions applying to the Service.
1.2 Obligation to maintain system integrity
a. You may not take any action that might interfere with the operation of the Service.
b. You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site including any robot, spider or other automated device, process or means to access the Site.
c. You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
d. You agree that you will not access, reload or “refresh” transactional event or make any other request to transactional servers, more than once during any three second interval.
e. You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
f. You are solely responsible for your transmissions through the Service. You must:
g. We reserve the right to determine whether or not your conduct is consistent with the Terms and Conditions and what we believe is good practice for the Site. We may in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the Terms and Conditions or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.
2.1 Registering for use
a. You must register your details with us to purchase from the Site (your “Account”). Registration is free and does not oblige to you purchase anything.
b. You must not use false or misleading information when registering or using the Service. Your obligations to us won’t be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
c. When you register for the Service, you will be allocated a user name which will be your email address. We will issue you a generic password to access the Service which you must change to ensure security and privacy. We will not take any liability you’re your failure to change the generic password. You are responsible for the security of your user name and password. We may assume that anyone using your user name and password is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. You must notify us immediately if you become aware of any unauthorised use of your user name or password or of any other security breach.
d. We intend to send notifications to you by e-mail of:
f. You may request that your Account be closed by emailing a closure request to us directly at firstname.lastname@example.org.
g. We will only close your account if:
2.2 Eligibility to participate
You must be able to form legally binding contracts to use the Service. This means you must not use the Service if you must be over the age of 18 years old.
2.3 Your information
a. “Your information” includes any information you provide us at any time, including when you register to use the Service to buy products.
b. You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
c. You must ensure that Your Information:-
d. You must not do or allow to be done anything involving the Service which:
3. YOUR RIGHTS AND OBLIGATIONS
a. You must pay the purchase price (including any GST) in full for the Sale together with any other applicable fees or charges, for example delivery charges.
b. You authorise us to debit your credit card for the total amount payable to us as a result of a Sale.
c. We have the right to change the price of an item at any time which we will display on the Site.
3.2 Terms of Payment
a. Payment for goods or services for online retail sales is due at the time of placing the order. Payment is to be by way of Visa, Mastercard or AMEX.
4.1 Returns of Goods
a. We warrant that the goods:
b. You may not return goods because you change your mind.
c. If you wish to return an item because:
You must notify us by contacting our customer service team by either phone (07) 5571 7022 or email email@example.com within 7 days of receiving the goods and provide full details of the sale and the reason for return. We will then organize for damaged/faulty goods to be returned at our expense.
d. Within the first 7 working days of us receiving a returned item, the item will be inspected and tested to determine its condition and, if the item is found to be in good working order (and your claim as to the faulty nature of the item is reasonably determined by us to be invalid), the item will be returned to you and you will be charged all freight charges incurred by us in relation to the return and re-return of the goods.
(i) In the case of Retail Returns, such item/s will be returned only once we have received payment for the return and re-return freight.
e. If, when we receive a returned item, we determine that the item is faulty or damaged or incorrectly described, we will, within 7 days, replace your goods or if we are unable to replace your goods refund the amount paid.
f. If an item is described on our Site as being in a faulty or damaged condition, you acknowledge that condition when choosing to buy that item. We accept no liability for, any subsequent claim for any loss or damage incurred by you on account of the faulty or otherwise damaged condition of the item.
g. If you have incorrectly ordered goods you can return the goods within 7 days of receiving the goods, in a new/unopened condition. We will then issue you a credit. We will organise return freight with our preferred courier, however, you are responsible for covering the cost for the return transportation of the goods back to us. Such cost will be deducted from your credit amount
h. If you have been sent the wrong goods you must notify us by contacting our customer service team by either phone (07) 5571 7022 or email firstname.lastname@example.org within 7 days of receiving the goods. If Petway Petcare Pty Ltd determines that an error has been made, then we will have the goods transported back to us and the goods ordered sent out to you again at no cost to you.
i. The aforementioned is subject to any consumer trading laws.
4.2 Manufacturers liability
Subject to any rights you may have under any law, if an item is sold with an accompanying manufacturer’s warranty, we will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.
5. OUR RIGHTS
5.1 Suspension from use of service
a. Subject to any laws, we may refuse you the right to use the Service, especially if you:-
b. We may suspend, cancel or terminate your access to the Service if you breach or fail to observe the Terms and Conditions or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.
c. If we suspend your access to the Service, you may not register again.
5.2 False or Misleading Conduct
a. It is illegal to use a false name to buy Products with an invalid or stolen credit card, even if our software initially accepts such payment. We intend to refer fraudulent users to the police and to your Internet Service Provider.
b. You may be sued for any losses suffered by any person arising out of any sale manipulation or illegal action.
c. If your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to us under the Terms and Conditions, we may immediately institute proceedings against you for any amount owing to any person.
5.3 Our rights upon breach by you
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration Account if you breach the Terms and Conditions or if we are unable to verify or authenticate any information you provide to us. However, we are under no obligation to do so.
5.4 Rights as agent and/or seller
a. We may withdraw an item from sale if the item:-
b. We may withdraw an item from sale at any time, even if the sale has been completed and the item delivered to you. In those circumstances, we will refund any amount you have paid for the item.
6. LIABILITY AND INDEMNITIES
6.1 Our liability to you
a. We provide the Site and the Service without any express or implied warranty or condition concerning the Site’s capacity.
b. Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in
c. We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Site may be restricted by factors outside of our control or during maintenance. You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available Sales may not be processed or accepted.
d. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
e. We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
6.2 Limitation of our liability to you
b. To the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Site and the sale of any goods are excluded.
c. We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option:(
a. You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.
b. You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the indemnified parties arising out of or in connection with the performance of their obligations as described in the Terms and Conditions including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.
c. You further agree to indemnify and hold us, and the indemnified parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the Terms and Conditions by you, or
d. The infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.
7. COLLECTION DELIVERY, INSURANCE AND RISK
7.1 Collection and delivery
a. Details concerning collection and/or delivery of items following the conclusion of a Sale or are set out in the Sales Policy. We may withhold delivery of any item until you have paid everything owing to us.
b. Any collection times specified by us in the Sales Policy or otherwise are estimates only and we will not be liable to you for any loss or damage you suffer as a result of our failure to comply with such details.
c. Unless outlined in the Sales Policy or Item Page, delivery of bulky goods assumes ground floor front door delivery.
e. You acknowledge that you inspect or remove goods at any location at your own risk.
f. If we are unable to deliver an item or you don’t collect it within 7 days of a sale we may charge you a second delivery fee in accordance with our usual rates.
7.2 Risk and title
a. If the item is to be delivered by us to a place nominated by you, the risk in it will pass to you:-
b. All items to be delivered must be delivered to a specified premises and receipt must be acknowledged by signature. After you provide delivery location details, you must not:-
c. Title in any item will only pass to you when we receive the Invoice Amount in cleared funds. If title has passed, that will not affect our rights to terminate a sale.
d. If the item is withheld by us in accordance with the Terms and Conditions, risk in the item will pass to you at such time as you would have been able to collect the item had we not been holding it.
e. You cannot change or request to change your delivery address details after a Sale has been completed. We have no responsibility if an item is not delivered where you change your delivery address details in those circumstances.
f. Neither party shall be liable for any act of war, strike, industrial action, fire, flood, drought, storm or other act of natural cause beyond the reasonable control of either party.
c. By registering with the Service and accepting the Terms and Conditions, you also consent to:
9. GOVERNING LAW
This Terms and Conditions is governed by and will be construed according to the law of Queensland. Petway Petcare Pty Ltd and you are subject to the jurisdiction of the courts of Queensland.
The Sale Overview will state whether the sale price is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).
11. DEFINITIONS AND INTERPRETATION
a. Goods includes services incidental to the supply of goods. The goods shall be described on the Sale Overview as provided by the Seller to the Customer;