In these terms and conditions, “we” “us” and “our” refer to Orie Pty Ltd trading as “The Pet Shoppe”. Your access to and use of all information on this website including purchase of our product(s) is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that you read these terms and conditions each time you access our website.
1. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and inclusive of GST. We endeavour to ensure that our price list is current. Our prices are as reflected in our website and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
3. We strive to ensure that our products are described as accurately as possible on our website. However we do not warrant that the descriptions are accurate. Where we become aware of any inaccurate description, we reserve the right to correct any error or omission.
4. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
5. We endeavour to ensure that our product list is current. However we provide no undertaking as to the availability of any product advertised on our website.
6. Packaging and postage are additional charges, calculated at the time of purchase.
7. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and Paypal or credit card details. We undertake to take due care with this information. However, in providing us with such information you accept that we are not liable for its mis-use due to error in transmission or virus or malware.
8. Any credit card details you provide are not stored on our website, but are handled externally by Paypal.
9. Upon completing your online order you should receive an automated confirmation email confirming the details of your order. If you do not receive a confirmation email, please contact us to ensure your order has successfully been placed. We undertake to accept or reject your order within seven (7) calendar days. If we have not responded to you within seven (7) calendar days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase. However the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
10. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
11. All risk of loss or damage to the goods passes to you when we despatch the goods.
12. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will refund your credit card for the total amount debited.
13. We undertake to replace any product delivered to you that is faulty or is in a damaged condition, if it is proven to be due to our fault. If you wish to return a faulty or damaged product, you must notify us (see our “contact us” webpage), so that we can manage the return process appropriately (please also refer to our “Shipping & Returns” policy).
14. We may request a photo of the damaged item(s) to assist with the assessment of your claim.
15. We may request that faulty or damaged goods be returned to us so that we may inspect them before providing you with an exchange or refund.
16. If goods are deemed to be faulty or damaged we will refund your return postage charges.
17. We also undertake to exchange or refund any undamaged product purchased from us so long as it is returned unused and with proof of purchase within thirty (30) calendar days of the invoice date. If undamaged goods are returned to us for exchange or refund, we do not refund any packing and postage charges. Return of undamaged goods for exchange or refund is entirely at your cost and risk.
18. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
19. Goods that have been opened, used, tags or packing/instruction manuals removed, or goods sold on a “no return basis” cannot be returned, unless faulty.
20. We accept no responsibility for loss or damage to goods occurring in transit on return to our shop. Goods are not deemed to be received by us until they arrive at our shop.
21. If a product is replaced, your replacement product becomes your property and the returned product becomes our property. When a refund is given, the returned product becomes our property.
22. When you visit our website, we give you a limited license to access and use our information for personal use.
23. You are permitted to download a copy of the information on this website to your computer for your personal use only, provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
24. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
25. The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
26. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
27. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
28. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.
29. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
30. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. We reserve the right to remove, reject or edit your Comments at any time. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
31. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
32. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
33. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
34. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
35. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
36. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then we will repair or replace the goods or any part of them that is defective.
37. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
38. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
39. If a Force Majeure event causing delay continues for more than thirty (30) calendar days, we may terminate this Agreement by giving at least fourteen (14) calendar days’ notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
40. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
41. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
42. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.