Terms and Conditions
1. About the Website
1.1. This website, www.petassociates.com.au the (‘Website’), is owned and operated by Pet Associates & Co (ABN 30 622 398 414). Please read these terms and conditions before using the website. In these terms and conditions Pet Associates & Co may be referred to as Pet Associates & Co, we, our, us. Each refers to and means Pet Associates & Co.
1.3. Pet Associates & Co reserves the right to amend any of the terms at any time. Any changes to the terms will become effective immediately. Your continued use of this website after amendment constitutes an agreement to abide by and be bound by these terms and conditions, as amended. We recommend that you check back from time to time to review the terms and conditions.
2. Acceptance of the Terms
3. Purchase of Products
3.1. You may place an order to purchase products by submitting the order form on the website, in the shopping cart or in person. To enable the processing and delivery of your order, you agree to provide complete and accurate information of your details.
3.2. By placing an order to purchase the product, you agree to the payment of the purchase price listed on the website (the ‘Purchase Price’) and any delivery fee.
3.3. All prices including the purchase price, any delivery fee and other charges quoted are in Australian Dollars.
3.4. Once you submit your order, cancellations of your order or changes to the products in your order cannot be made unless changes are made by agreement.
3.5. You will be notified when your order is accepted by us and it will take 2 to 4 weeks to process your order.
3.6. To the extent permitted by law, we reserve the right to accept or reject your order for any reason or no reason at any time including, but not limited to, the unavailability of any product, an error in the price or an error in your order. In the event that your order is rejected we will notify you via email.
3.7. We reserve the right to change the purchase price of products on the website for any reason and at any time, unless you have already submitted an order at a stipulated price and that order has been accepted by us, in which case we will honor the price.
3.9. You acknowledge and agree that any payment in respect of an order must be cleared by the Payment Gateway Provider before the order is dispatched. If your payment cannot be processed, your order will be rejected in accordance with these terms and you will be notified of this via the user interface and/or by email.
3.10. You agree to make your own enquiries and assess the suitability of products before you place an order.
3.11. You must be of legal age to use the purchase services, make an order, accept the terms and when you register an account. When ordering or attempting to pay for the products, you agree that you have not engaged in any fraudulent conduct.
4.1. The delivery (‘Delivery Services’) is through the use of third party delivery companies (‘Delivery Service Providers’). You acknowledge, we are not the provider of these delivery options and merely facilitate your interaction with the delivery service providers in respect to providing the delivery services.
4.2. We will notify you of your estimated date of delivery of your order. We cannot guarantee an exact certain time or date for delivery.
4.3. If a “not at home card” is left, you must respond in accordance with the instructions left on the card within 48 hours. Please note that there may be another charge of delivery fee should re-delivery be required.
4.4. Should the products requested to be left at the door, you acknowledge that we are not responsible should it go missing, stolen or damaged in the process of being left at the location.
4.5. We will do our best to deliver the product, but we may not deliver if, the recipient refuses to accept delivery of the product, address and contact details provided is incorrect, there is no response to the “not at home” card.
4.6. We are not responsible for non-delivery or delay in the performance of orders in circumstances that are beyond our reasonable control that includes but not limited to natural disasters, strikes, fire, flood, storm, delays or interruptions in transportation facilities, regulations and policies of any government, disruption to telecommunications networks and all other disabling causes. In this case of failure to perform, we may cancel the order and notify you.
4.7. We are unable to deliver to PO Boxes and Parcel Lockers at this stage.
4.8. If there are any issues with your delivery, please let us know.
5. Returns Policy
5.1. We take great care when sending out the products, we will provide a full refund or exchange if the product is considered faulty or defective. If we do not have the same product available we reserve the right to replace it with one of equal or greater in value. Proof of purchase is required. Any defects should be reported within 7 days upon receiving the products.
5.2. In the event you change your mind we are unable to offer any refunds. We may provide an exchange, provided that the product remains unopened and remains in good condition and within 7 days upon receipt. Proof of purchase is required. You agree that you are liable for any delivery cost associated with this exchange. We are unable to offer any refunds or exchange for treats and edible products.
5.3. Surprise Boxes
(a) We take great care and effort when selecting every item that goes in the box. If for any reason, you receive an item in the box that does not live up to your standards we will aim to make it right. We reserve the right to replace the item with another of equal or greater value, subject to conditions determined by us.
(b) We unfortunately are not able to offer a full refund or exchange on a box if you are unhappy with all the selected items. If at any time we feel as though we are unable to deliver a satisfactory experience for a customer we reserve the right to terminate all future orders.
6. Substitution Policy
6.1. We reserve the right to make fair and reasonable substitutions according to the practical availability of products. Where a product is unavailable within the reasonable time frame for delivery, substitution of equal or greater in value may be made within the gift hamper arrangement to achieve the same overall effect and to ensure that the order is delivered on time.
7. Quality Assurance
7.1. Every effort is made to deliver the product as requested and in excellent condition. We put in lots of love and due care when sourcing the products that we hope will bring you and your fur baby joy. Should there be an issue with regards to the quality or any other issues that you feel we need to consider please feedback to us at email@example.com
8. Gift Vouchers, Promotions
8.1. We may offer gift vouchers and promotions from time to time. The gift vouchers, promotions may only be used once and may not be copied, reproduced, resold or distributed directly or indirectly. Gift vouchers, promotions are not redeemable for cash.
8.2. To use the gift vouchers, promotions you will be given a unique code that is required to be entered at the online checkout.
8.3. Any use of such voucher codes for redemption will deem to confirm your agreement to these terms and conditions and any terms attached to the voucher.
8.4. Any vouchers used, apply to the purchase price of the products and not to the delivery fees unless otherwise stated.
8.5. We reserve the right to cancel any voucher or promotions for any reason at any time.
If the cancellation request is made before the order has been fully processed, then we may be able to cancel the order. However, we cannot guarantee that an order can be cancelled. There will be a 15% fee charge on the purchase price should you wish to cancel the order. The cancellation fee charge will be deducted from the original payment made by you and the remaining amount refunded to you.
10. Title and Risk
We retain ownership of products you order until payment of the purchase price is received in full together with any delivery fee. Risk in the products passes to you on the date and time of delivery of the products to the delivery service provider.
11.1. You may use the guest checkout to make a purchase, however to access the full services, you may need to create an account on the website. You warrant that any information you give while completing the registration process will always be accurate, correct and up to date.
11.2. In using the website, the services and registration of an account, you agree to comply with the following:
(a) the terms and any applicable law, regulation or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and email address, any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(c) you will not use the services or website for any illegal and/or unauthorised use and you agree not to engage in any activity that directly or indirectly interferes or upsets the operation of the website or the purchase services or use the website in a manner that adversely affects the availability of its resources to others.
12. Copyright and Intellectual Property
12.1. Pet Associates & Co retains all rights to the website. The compilation of the website content (text, graphics, images, logo), the services and all the related products are subject to copyright. The site content and compilation of the website are owned and reserved by Pet Associates & Co and relevant respective contributors. You may not, without the prior written permission of Pet Associates & Co broadcast, republish, transmit, post or distribute in any way the content for any purpose.
13. General Disclaimer
13.1. We do not warrant that the website will be available at all times or that it will be provided without fault or disruption.
13.2. We will make every effort to ensure a product is accurately depicted on the website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the website.
13.3. At times occasionally, there may be information on the website that may contain typographical errors or omissions, relating to product descriptions, pricing, shipping charges or availability. We reserve the right to correct or update any errors or omissions at any time without prior notice.
13.4. You agree to undertake your own enquiries to determine whether the products advertised in the communications are appropriate for your pet’s needs.
13.5. Everything on the website, the services, and the products are provided to you on an “as is” and “as available” basis. You acknowledge and agree that Pet Associates & Co does not make any guarantees, warranties or representations whatsoever to the accuracy, completeness or reliability of the information contained on this website. We shall not be liable for any costs, damage or loss that may include but not limited to that arises from any incorrect or incomplete information, loss of data or any failure to complete a transaction.
13.6. Nothing in these terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.1. You may stop using the website at any time for any reason and we may terminate these terms at any time. Subject to local applicable laws, we reserve the right to discontinue or cancel your subscription to the website at any time or if you breach any provision of the terms.
15. Limitation of Liability
15.1. Our total liability arising out of or in connection with the products and services or these terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent purchase price paid by you under these terms or where you have not paid the purchase price, then the total liability of is the resupply of information or purchase services to you.
15.2. You expressly understand and agree that Pet Associates & Co, its owners, directors, affiliates, employees, agents, contributors, third party providers shall not be liable to you for any direct, indirect, incidental or exemplary damages which may be incurred by you, however caused and under any theory of liability. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you.
15.3. We are not responsible or liable in any manner for any site content posted on the website or in connection with the purchase services, whether posted or caused by users of the website or by third parties.
You agree to indemnify us, our affiliates, employees, agents, contributors from and against any claims, liabilities, costs or loss incurred, suffered or arising out of or in connection with any content you post through the website or any direct or indirect consequences of you accessing, using or transacting on the website or attempts to do so and any breach by you of these terms.
17. Governing Law
The terms are governed by the laws of New South Wales, Australia. Any dispute, proceeding or claim of whatever nature arising out of or in any way relating to the terms and the rights created hereby shall be governed, interpreted by, under and pursuant to the laws of New South Wales, Australia. If any part of these terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the terms shall remain in force.