Terms Of Sales
1. Introduction to the Terms of Sales
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Company’ (hereafter also referred to as ‘We’ or the ‘Website’), belonging to the company The Pet Food Spot.
Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express. written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale.
3. Use and Services
You are granted an access to the Website and its functionalities on the condition that:
- You are over the age of 18;
- You only use the Website for lawful purposes;
- You do not engage in any improper, indecent or offensive behavior while using the Website;
- You are not breaking any local, state or federal law in your relevant jurisdiction (or the State that the Company is registered in) by accessing this Website.
4. Changes and Updates
We reserve the right to update the Website and these Terms and Conditions from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agreed to the changes.
5. Website availability
We work hard to ensure the Website is always up and available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you.
To do this, as part of our security procedures, we require you to register an account with The Pet Food Spot by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.
7. Product information
The Pet Food Spot takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.
We reserve the right to correct any errors without any notice, including after you have submitted an order or made a payment.
If there is an error in any information that forms part of an offer from us to you, any agreement arising from your acceptance of that offer will be void at our absolute discretion.
The prices indicated on thepetfoodspot.com.au are shown in Dollars and do not include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products.
It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. All prices are subject to change without prior notice.
You are responsible for any sales, use, duty and other governmental taxes or fees due with respect to your purchase of products or services. We will collect applicable taxes if we determine we have or are likely to have a duty to collect such taxes. Your purchases are not tax-exempt merely because we fail to collect tax. If we have not collected applicable taxes, you may have an obligation to file a use tax return and pay any tax due.
Items and promotional offers on the website are offered for sale within the limits of available stocks and offers until the end of their validity.
Representations of goods for sale on the Website do not constitute an offer to sell but an invitation to treat. Such representations do not warrant that the product or service is available.
11. Order validation
Items offered for sale shall be subject to availability. In case of unavailability of a product, the customer will be informed after placing his order, by e-mail or mail. The order will be confirmed only when the customer has made the full payment. The Pet Food Spot reserves the right to refuse orders, deemed invalid.
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our payment processor) to charge your payment method for the total amount of your order, including any applicable taxes, shipping and handling, or other fees and charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter to proceed with your order. Your payment must be debited from your payment method before your order is accepted.
Our payment options use advanced encryption methods to keep your transaction secure – The Pet Food Spot does not have any access to your payment information.
In case of PayPal payment method please refer to their full terms and conditions of use.
Your order will be delivered to the address you indicated when your order was placed.
The Pet Food Spot does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
If you order goods from outside of Australia, you agree to take responsibility for ensuring that the goods can be legally imported into the country of delivery.
You agree to pay any customs, duties or taxes with respect to the goods that we send to the address outside of Australia. These costs will be in addition to the purchase price that we quote on the Site.
15. Right of Return
The Pet Food Spot allows you 15 days to return a product that you are not satisfied with. Your right of return starts from the moment your order is delivered. You can return the product to us within this time frame, at your own expense, with your invoice and a completed and signed returns coupon.
We request that you send us the merchandise by suitable refrigerated delivery service and that you purchase insurance with your carrier for the value of the merchandise. This is necessary should they lose or damage the goods. Shipping fees remain the customer’s responsibility. The present right of return only applies to products that are returned in their original, complete condition. Any product that has been damaged, is not in its original packaging, or has packaging that has been worn beyond simply opening the product, will not be refunded.
User will be reimbursed via the same payment method as was used initially.
16. Privacy and protection of personal data
The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you, in accordance with national laws in place. You can at any time make a request to The Pet Food Spot to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.
Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.
17. Intellectual Property
All the content on thepetfoodspot.com.au (illustrations, texts, names, brand names, images and videos) is the property of The Pet Food Spot.
Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by The Pet Food Spot. All information, content and files is protected by International law concerning intellectual ownership and copyright. The Pet Food Spot cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
The Pet Food Spot will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
18. Waiver and Severability
Any failure of The Pet Food Spot to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and The Pet Food Spot, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service).
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Any agreement arising under these Terms and Conditions will be governed by the laws of the location set out in the definition of The Pet Food Spot.
Either party may end the agreement arising from these terms and conditions immediately for any reason by giving the other party written notice. Where this agreement has been terminated you must immediately cease using the Website.
The termination of any agreement arising from these Terms and Conditions does not affect the parties’ rights in respect of periods before the termination of this agreement.