WEBSITE PURCHASE TERMS & CONDITIONS
Welcome to the online ordering and purchasing facility of www.selectpets.com.au (‘the Website’) owned and operated by Lazy Dog Holdings Pty Ltd trading as Select Pets (‘Select Pets’).
The following Purchase Terms & Conditions will apply to the purchase of any product(s) through the Website (‘the Products’). In placing an order and making a purchase through the Website you acknowledge that you have read and understood these Purchase Terms and agree to be bound by them. If you do not agree and therefore do not wish to place an order, please return to our Home page.
PURCHASING TERMS & CONDITIONS
1. PLACEMENT OF ORDERS
(a) Purchase of any Products on and via this Website is restricted to individuals 18 years of age or older. Individuals below the age of 18 (‘Minor’) may have purchases made on their behalf by a parent or guardian. By making a purchase on this website you acknowledge that you are over 18 years of age and are the recognized owner of the credit or debit card used.
(b) Should Select Pets experience any loss or damage as a result of a transaction made by a Minor, we reserve the right to seek compensation from the parents or legal guardians of the Minor who caused the order to be placed.
(c) Your online order is only complete once you have proceeded through the secure payment system on the Website and clicked on the ‘PAY NOW’ icon, your order has been processed and you have received an automatic e-mail confirmation of the order.
(d) While Select Pets will undertake all reasonable efforts to ensure that the online ordering and purchasing facility on the Website will be available, accurate and error free, Select Pets will not be responsible or liable in any form for any interruption or discontinuance of any or all of the functionality of the Website, including, without limitation, the online ordering facility.
(e) Should you wish to change or cancel any order for Products placed through the Website you should contact Select Pets immediately via email or telephone during applicable business hours. Requests for cancellation will be considered by Select Pets on a case-by-case basis and Select Pets will exercise its sole discretion in determining whether an order validly placed through the Website may be cancelled. Select Pets reserves the right to charge a cancellation fee to cover any administrative costs for any orders cancelled prior to despatch. Once an order has been despatched it is unable to be retrieved and cancelled.
(a) Select Pets will make every effort to make the Products available for purchase from the Website at all times. However, from time to time due to heavy demand or other factors beyond the control of Select Pets may make the Products temporarily or permanently unavailable. We will attempt to notify you if this will affect your order in any way.
(b) Select Pets may, in its absolute discretion, decline to supply the Products where the Products are unavailable for any reason; an order placed through the Website has not been received by Select Pets for any reason or; full payment for any Products has not been received by Select Pets from you at the time of ordering the Products.
(c) All products and services listed on this Website are described faithfully and to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of human error in the entry of information or incorrect information provided to us by suppliers. We reserve the right to change information including but not limited to pricing, specifications, descriptions, or product names without notice.
(d) The colour of Products displayed online may vary slightly from actual depending upon the individual user’s display settings.
3. PRICES & TAX
(a) Prices for the Products (including delivery costs) are specified in Australian dollars (including GST) on the Website as at the date of purchase (‘Prices’). Select Pets reserves the right to alter the Prices by updating the details on the Website. The Prices for Products are exclusive of shipping charges.
(b) For purchases made from and shipped to places outside Australia any applicable taxes, customs, clearance duties and sales taxes, which apply to your order are to be borne by the customer.
4. PAYMENT TERMS
(a) All orders on this Website must be pre-paid before fulfillment. All orders are placed and paid for in Australian dollars. Where you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our payment gateway provider in circumstances where this is required.
(b) In cases where your payment for an order fails for reasons including but not limited to insufficient credit, we cannot guarantee that stock will be held until an alternate payment method is available or the original payment method is made to function.
SHIPPING & RETURNS TERMS & CONDITIONS
1. DELIVERY, RISK AND OWNERSHIP
(a) Estimated delivery times will be as stated on the Website. Select Pets does not deliver to post office boxes.
(b) Risk in the Products will pass to you upon despatch of the Products from Select Pets’ premises in Western Australia. Ownership in the Products delivered will not be passed to you until all amounts payable by you have been paid in full
(c) Products will be despatched within a maximum 7 – 10 business days from purchase. All efforts will be made to ship as soon after the purchase has been completed as possible.
(d) Delivery of Products will generally be via courier or postal services, with the method chosen at the discretion of Select Pets to provide the most cost effective service.
2. RETURNS & EXCHANGES
(a) In the unlikely event that the Products you have purchased contain a manufacturing fault or are significantly different from what is described on the Website, Select Pets will, at its cost, replace the Products or refund your money, if the Products are returned to Select Pets, 10-89 Petra St, East Fremantle WA 6157, within fourteen (14) days of delivery.
(b) Before returning a Product under this Clause, contact Select Pets to provide us with details of the defect or damage concerned, your invoice number, details of your proof of purchase and any other details that will assist us to process the return.
(c) Returned products must be safely packed by you in their original packaging and returned in the original condition in which they were received. We will not be held liable for damage to products incurred during return shipping.
(d) Select Pets will exercise its discretion as to whether to issue a refund or provide replacement goods where the Products have been abused or damaged in any way by you or returned to Select Pets outside the 14 day Warranty Period.
(e) In all other cases, including ‘change of mind’, Select Pets will exercise its sole discretion as to whether to accept returns of the Products and issue refunds, exchanges or credits. You will bear the cost of the return of the unwanted Products to Select Pets in these circumstances and the shipping costs associated with any exchanged or replacement goods issued to you.
3. LIMITATION OF LIABILITY
(a) Except in relation to any liability which cannot be excluded at law, or which is specifically accepted hereunder in no event will Select Pets be liable or responsible to you for any loss or damage of any kind whatsoever (including but not limited to consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly out of your selection or use of the Products or the supply, delay or failure to supply the Products by Select Pets.
(b) Where legislation implies into these Purchase Terms any condition or warranty which cannot be excluded at law, Select Pets’ liability for breach of any such condition or warranty will be limited at Select Pets’ sole discretion to the replacement of the Product purchased or the cost of having the Product replaced.
(c) Security of communications sent by electronic means cannot be guaranteed and you acknowledge and accept that information provided to Select Pets via the internet is provided at your own risk and that Select Pets accepts no liability in respect thereof.
(d) These Purchase Terms will be construed in accordance with and governed by the laws of the State of Western Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia. ?If you choose to access and use the Website from other locations you do so of your own initiative and are solely responsible for your compliance with applicable local laws and regulations.
Select Pets will not collect any personal information about you from your use of the Website, except where you have provided such information to Select Pets.
In specifically and knowingly providing any personal information to Select Pets via the Website, you consent to Select Pets using that personal information lawfully at its sole and absolute discretion, including for the purposes of providing promotional and marketing materials by other means.
You warrant that you have obtained the consent of any third person whose personal information you post to the Website.
As a necessary adjunct to the proper operation of the Website, Select Pets staff and contractors, who are subject to obligations of confidentiality, may be given access to personal information as part of their services.
For record-keeping purposes Select Pets may retain copies of email sent to it by you.
Thank you for accessing our website located at www.selectpets.com.au (‘the Website’). The Website is owned and operated by Lazy Dog Holdings Pty Ltd trading as Select Pets (‘Select Pets’).
Please read through the following general terms and conditions which will direct your use of the Website (‘Terms’). By accessing or using this Website, you acknowledge that you have read and understood these Terms and agree to abide by these Terms.
1. License to Use Website
Select Pets grants to you a limited, revocable right to access and use this Website and print pages there for personal, non-commercial or informational purposes only.
2. Copyright in Website Content
Copyright in all content contained on this Website, including but not limited to text, drawings, photographs and page layout, subsists under, and is protected by, the Copyright Act 1968 (Cth) and international copyright laws and, unless stated otherwise, is owned by Select Pets.
Except as permitted under these Terms and applicable laws, no part of this Website may be otherwise reproduced, adapted or transmitted in any form by any process without the specific written consent of Select Pets.
3. Linking to the Website
Select Pets grants to you a limited, revocable, non-exclusive right to create a hypertext link to the home page of the Website, provided that Select Pets is notified of, and approves, such hyperlink and such hyperlink does not portray Select Pets or its products in a false, misleading or otherwise illegal or offensive manner.
You may not make any part of the Website available as part of another website by use of online imaging, framing technologies or any other method of incorporating parts of the Website into another site without the prior written consent of Select Pets.
4. Linked Third Party Websites and Information
The Website may contain links to third party information and products. Such content and links are not owned, operated or maintained by Select Pets unless otherwise indicated and thus Select Pets are not responsible for the content of third party material. If you access third party services you do so at your own risk
5. User Submissions & Testimonials
6. Limitation of Liability
While Select Pets takes all reasonable care to include accurate and up-to-date information on the Website, the information provided should not be relied upon as being error free or accurate. Select Pets makes no representation or warranty as to the timeliness, accuracy or completeness of any such material, nor does it accept any responsibility arising in any way for errors or omissions. As far as lawfully possible, Select Pets accepts no liability or responsibility for the actions or omissions of any users of the Website in relation to the content contained herein.
All information provided on the Website is provided “as is” without warranty of any kind, express or implied, to the fullest extent possible under law. In no event will Select Pets be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to or use of or downloading of information from the Website, including, without limitation, damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components.
Select Pets is not responsible for deletion, failure to store, misdelivery, or untimely delivery of any material accessed through the Website or external sites.
Liability in relation to Select Pets products purchased via the Website is governed by Select Pets’ Terms of Sale specified on the Website.
7. Changes to the Website
Select Pets reserves the right to revise, change, modify or delete the content of any part of the Website, including any product available through the Website, at any time, in its sole discretion and without prior written notice..
Select Pets reserves the right to revise, change or modify these Terms at any time by posting new Terms on the Website. You are bound by any such revisions and should therefore visit the Terms each time you visit the Website to review the current terms by which you must abide.
9. Product Purchases through the Website
Product purchases via online ordering facilities on the Website are governed by Select Pets’ Terms of Sale specified on the Website as applying thereto.
If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms will continue to apply.
11. Applicable Laws
This Website is controlled by Select Pets from its offices within Western Australia. These Terms for use of the Website are governed by the laws of the State of Western Australia. If you choose to access and use the Website from other locations you do so at your own initiative and are solely responsible for your compliance with applicable local laws.