Terms & Conditions of Purchase Acceptance
This website is owned and operated by Pet Squad Pty Ltd (ABN 92 647 216 984) trading as PetWell® (Owner) under the domain name “https://petwell.au” (Website).
Your use of the website including all orders and purchases are conditional upon your acceptance and subject to compliance with the terms, conditions, notices and disclaimers set out below.
Your use of the website constitutes your agreement to these Terms & Conditions.
Our terms and conditions may be changed, amended or varied at our absolute discretion from time to time without notice to you. All such changes, amendments or variations to the terms and conditions will appear on “https://petwell.au” (Website) and by continuing to use this website, you agree to accept those changes, amendments or variations.
Usage of the Website
You acknowledge and agree that you will only use the Website on a personal and non-commercial basis. PetWll®, its affiliates and its subsidiaries maintain and operate this Website for use by its customers (you).
- We provide you a limited licence to access and make personal use of this Website. This licence does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; and any downloading or copying of account information for the benefit of a thirty party.
- You must only use this Website lawfully and in accordance with these Terms; and
- The Website must not be disrupted in any way, by for example interfering with the software
Order Placement
Any order placed by you in the manner described in this Website is an offer by you to purchase a particular product for the price (including the delivery, other charges and taxes) specified in this Website at the time you place your order.
PetWell® reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this Website, or an error in your order. Your contract with PetWell® only comes into existence when PetWell® forwards confirmation of your order and payment.
If you have registered an account and If during the process of becoming registered, you provide any information which is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete we may suspend, terminate or refuse both your current and future access to and use of the Website.
Prices and availability of Products are subject to change without notice.
Order Changes or CancellationsÂ
You cannot cancel or modify an order online once the checkout process has been completed. If there is a mistake in your order, please notify us immediately and quote your Order Number and we will do our best to rectify any errors prior to processing your order.
PetWell® will not be held liable or responsible for lack of stock or sold-out items due to third-party supplier or manufacturer issues. In the event of this occurring, PetWell® may contact you in order to offer an alternative item, refund or credit.
PetWell® reserves the right to limit purchases to normal retail quantities.
Intellectual Property and Copyright
PetWell® is the copyright owner of the content of the Website or is licensed by the copyright owner to use the content on the Website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of PetWell®.
Privacy and Personal Information
PetWell® Privacy Policy, which sets out the terms on which we will use your information, can be found at Privacy Policy. By continuing to use this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Typographical Errors
In the event that a Product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, PetWell® reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Such occurrences may warrant a refund or store credit and will be assessed on an ad hoc basis.
If there is any inconsistency between the prices shown in PetWell® emails or other promotional material and the prices shown on the Website due to human or typographical error, PetWell® reserves the right to nominate which price the Product will be sold for and PetWell® will not be held liable or responsible in any way.
Content
You acknowledge and accept that:
- The information provided on the Website or any other material accessed via the Website is general information and should not be construed or used as advice.
- The content of the Website is subject to change without notice. PetWell® reserves the right to update and make changes to the Website without any notice to users of the Website.
- While PetWell® makes every effort to ensure that the information and other material provided on the Website is current, reliable, accurate and complete, all information and material on the Website is provided in good faith on an “as is” basis and to the extent permitted by law, we do not warrant or make any representations as to the currency, accuracy, reliability or completeness of information and material provided on the Website.
- PetWell® including but not limited to its directors, officers, employees, agents, representatives and third-party content providers, does not accept any responsibility arising in any way (including negligence), and is not liable for any loss (whether direct or indirect), resulting from any reliance or action taken by you on any information or material accessed through the Website or for errors, or omissions from, the information provided on the Website.
- Photographs, illustrations and packaging images shown on the Website are a representation of the Products advertised and the appearance of actual Products may vary.
- You will make your own inquiries and seek independent advice before acting or relying on any information or material provided on the Website.
Third-Party Links
The Website may contain links to other sites on the internet that are owned and operated by third-parties (Third-Party Website). Those links are provided to you as a free service for your convenience only.
Any dealing between you and a Third-Party Website is solely between you and the owner of that website and you use and access any Third-Party Website at your own risk. You may not make any claim against PetWell® in relation to your use and access to any Third-Party Website.
Third-Party Information
Information about the Products that are sold on the Website have been largely sourced from third parties, who are the manufacturers, suppliers and/ or retailers of those Products (Third Party Information).
You agree and acknowledge that where the Website sets out Third-Party Information, that Third-Party Information is being made available by us to you as a free service for your convenience only. Whilst we will not knowingly provide incorrect information, any reliance on Third-Party Information is entirely at your own risk.
To the extent permitted by law, PetWell® does not give any representation or warranty, whether express, implied or otherwise, as to the accuracy, currency, reliability or completeness of Third-Party Information provided on the Website and we are not responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties.
Refunds and Returns
PetWell® returns policy, can be found at Returns Policy.
The Australian Consumer Law (ACL) is the national law for fair trading and consumer protection. Nothing in these Terms excludes, restricts, or modifies any right, remedy or consumer guarantee available to you under the ACL.
You are entitled to a refund, replacement or credit from PetWell® when a product fails to meet one of the automatic consumer guarantees provided under the ACL, including that:
- The product is faulty or of unacceptable quality;
- The product does not match the product description
The consumer guarantees will not apply where you have:
- caused the product to become damaged (such as using the product in a way that it is not intended to be used);
- broken the seal of the product;
- have mistreated or abused the product (intentionally or unintentionally);
- received what you asked for but changed your mind, found it cheaper elsewhere or decided you do not like the product; or
- knew of or were made aware of the faults before you bought the product.
- You will be required to provide proof of purchase if you wish to claim a refund, replacement or credit from PetWell®.
Limitation of Liability
Where an Act of Parliament suggests any term, condition or warranty in the Terms and liability cannot be excluded, the liability of PetWell® will be limited.
PetWell® total liability shall in no circumstances exceed:
- in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
The customer (you) is obligated to notify PetWell® immediately (within 24hrs) of faulty Product upon delivery to you or upon collection of that order by yourself or your agent or courier as the case may be. Refer to the PetWell® Returns Policy.
Indemnity
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
Coupons and Discount Codes
PetWell® may issue coupons or discount codes from time to time for use on the Website (Discount Codes).
Discount Codes:
- Cannot be applied to previously placed orders;
- Cannot be used in conjunction with other offers, unless otherwise specified on the Discount Code;
- Are not transferrable (unless otherwise specified on the Discount Code) or redeemable for cash or credit; and
- Must be entered prior to completing your order.
You acknowledge and agree that PetWell® reserves the right to:
- Modify the terms of, cancel or restrict the use of Discount Codes at any time for whatever reason;
- Exclude certain Products from Discount Codes.
Delivery and Shipping
PetWell® will endeavour to deliver all products ordered within Australia in 2-5 business days for metro areas and up to 10 business days for rural areas from date of order confirmation. Our delivery times are indicative only and PetWell® will not be liable for any failure to observe these delivery times. All domestic and international orders are shipped via Australia Post or Star Track.
PetWell® does not accept any liability for loss or damage suffered by anyone as a result of any such delays and we shall not be liable for any inaccuracy of information provided in relation to the date and time of delivery.
PetWell® reserves the right not to ship to remote or rural locations.
Severability
If any portion of the Terms deemed to be invalid, illegal or unenforceable, that will not affect or impair the validity, legality or enforceability of the remaining terms and those remaining terms shall remain in full force and effect.
Capacity
You must be over the age of 18 years and/or able to enter into a legally binding contract to use the Website.
Law
These Terms, and your use of the Website shall be governed by the laws in existence in Australia. Any claim(s) related to petwell.au, its constituents, and/or services provided by PetWell® shall be governed by the laws of the state of Victoria and you agree to submit to having the matter dealt with in a court within Victoria, Australia.
Risk and Title
PetWell® will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.
Contact
If you have any questions about these terms and conditions or our Website or Products in general, please contact us.