Conditions of Purchase

Pet Deli Conditions of Purchase

Last Updated: 28/09/2014

Pet Deli Conditions of Purchase

 Trading as Pet Deli - ABN ...50287246230

Welcome to the Pet Deli website at www.petdeli.com.au (“the Website”).

ALL TRANSACTIONS ON THIS SITE ARE CALCULATED IN AUSTRALIAN DOLLARS$$$ - AU$

Pet Deli provides you with an on-line shopping service whereby you may purchase Products from Pet Deli, subject to the following Conditions of Purchase.

Pet Deli reserves the right to change any of these Conditions of Purchase with such changes effective immediately upon posting to the Website. If the Conditions of Purchase change, you will be required to re-accept when signing into your account. If you visit or shop at the Website, you have accepted these Conditions of Purchase.

Please take the time to read them carefully.  They are broken down into the following key areas:

 

1. Description of Products

2. Orders

3. Your Account

4. Delivery and Freight

5. Payment

6. Pricing and Price Lists

7. Credits and Return of Products

8. Risk and Title

9. Credit Enquiries

10. Disputes

11. Currency

12. Export Policy

13. Miscellaneous

15. Definitions and Interpretation

16. Contacting us

 

1. Description of Products

Pet Deli tries to ensure that Content on the Website is as accurate and up-to-date as possible. You acknowledge and agree that Pet Deli does not warrant or represent that the descriptions of any Products or other Content on the Website is accurate, complete, or current. In addition, specifications of Products anywhere on the Website are given to identify the Products generally and do not form part of the description of the Products.

 

2. Orders

There are two ways to place an order for Products with Pet Deli.

a) The first is via the Website using the electronic order form (“the Order Form”). Please follow the prompts on the Website to place your order. Supply of the Products constitutes acceptance by Pet Deli of your order. You must order the minimum quantity (or multiples thereof) of Products shown on the price list current at the order date. Pet Deli shall use every reasonable endeavour to satisfy your order in accordance with the details on the Order Form completed by you. If this is not possible, Pet Deli reserves the right to supply a quantity as near as possible to that requested by You on the Order Form.

b) The second way is to place an order over the phone. In cases where Pet Deli places the order on behalf of a client via a call, Pet Deli will repeat the order back to the customer for verification, once verified by the customer Pet Deli will proceed with payment of the order.

 

3. Your Account

When you shop on the Website and order any Products using the Order Form, you will be required to establish an account (“Your Account”) which will be protected by a password nominated by you (“Your Password”), together with other security features described in the Privacy Policy. By shopping on the WebSite, you are responsible for maintaining the confidentiality of your account and your password, and You agree to accept responsibility for all activities that occur using Your Account or Your Password. You may do this by restricting access to Your computer and, if You use a shared computer, exiting correctly from the Webiste. If You are under 18 years of age, You may use the Website and purchase Products only with the supervision of a parent, guardian or other adult person. If You are under 18 years of age, and are found to be using the Website in breach of our policy, Pet Deli reserves the right, in its sole discretion, among other things, refuse to accept an order or cancel an order for Products placed by You or terminate Your Account.

 

4. Delivery and Freight

The Order Form requires You to enter Your address for delivery of the Products. You will also be required to indicate Your preferred delivery method for Products ordered by You. Your Account will be charged for delivery of the Products and this cost will be indicated on the delivery slip accompanying the Products. If you are not available to accept delivery of any Products, any additional freight costs will also be charged to Your Account. Pet Deli will use all reasonable efforts to deliver Products for accepted orders to the address specified on the delivery slip, on or before any estimated date, but Pet Deli does not represent or warrant that it will do so. Pet Deli does not accept liability, whether for direct, indirect or consequential loss or damage, arising due to any delay in delivery of the Products or any failure to deliver the Products ordered by You for whatever reason.

It is Your responsibility to check the quantity, quality and description of the Products delivered against the details on the delivery slip. If there is any difference in quantity, quality or description of the Products delivered, You must notify Pet Deli at admin@petdeli.com.au within 24 hours from the time of delivery or collection by You (whichever is the later). If notice is not given within 24 hours, the Products actually delivered shall be deemed to be in accordance with the delivery slip and You shall not be entitled to make any claim or take any action in relation to any alleged deficiency or irregularity in the Products after that time.

 

5. Payment

Payment by way of credit card only will be accepted. You will be required to complete the relevant details at the “Checkout” section on the Order Form. All transactions are calculated in AUSTRALIAN DOLLARS.

 

6. Pricing and Price Lists

You will be charged for any Products ordered, at the prices shown on the price list current at the date of placing the order. Pet Deli is not bound by nor responsible for any typographical errors in the current price list or any other documents published by Pet Deli on the Website. The prices advertised in the price lists, or in any other documents on the Website, apply only to orders placed via the Order Form. Price lists, products and product availability are subject to change without notice.

Any special prices, discounts, deals or other changes in price shall apply to the relevant products only for as long as the products remain available for sale or for the duration of the promotion and Pet Deli reserves the right to limit sales of any products.

 

7. Credits and Return of Products

Unless otherwise agreed by Pet Deli in its absolute discretion, all Products are sold on the basis of “no return for credit” unless:

Subject to clause 7, the Products are received in a damaged state; or Subject to the requirements of clause 4: the Products are supplied in the incorrect quantity; incorrect Products are supplied to You; or the Products are faulty.

Claims for credit must be made within three (3) days of receipt or collection of the Products by You by emailing admin@petdeli.com.au. A copy of the delivery slip from which the Products were supplied must be presented, failing which any such claims are deemed to be waived. In the event that Pet Deli agrees to the return of the Products for credit, You will be notified of the appropriate procedure to be complied with to return the Products. Products that have passed their expiry date will only be accepted for credit where the manufacturer of that particular product gives credit for expired stock. All Products that carry a warranty or guarantee of the manufacturer shall be credited or exchanged only when so agreed by the manufacturer.

 

8. Risk and Title

Ownership of the Products shall remain with Pet Deli and Pet Deli reserves the right to dispose of the Products until such time as payment in full is made for all amounts owing by You to Pet Deli. The risk in the Products purchased will, unless otherwise agreed by Pet Deli in writing, pass to You upon delivery to a carrier commissioned by Pet Deli to deliver the Products.

 

9. Credit Enquiries

By using the Website, You hereby give Pet Deli the authority to make all appropriate inquiries as may be required from time to time as to Your credit and financial responsibility.

 

10. Disputes

Pet Deli shall use its best endeavours to quickly and effectively resolve any dispute arising in relation to Your visit to petdeli.com.au, any Products purchased via petdeli.com.au or these Conditions of Purchase. In the event of a failure to resolve any such dispute, the dispute shall be governed by and dealt with under the laws of New South Wales, Australia and You and Pet Deli submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales, Australia.

 

11. Currency

All documents issued by Pet Deli and posted on the Website, including price lists, are in Australian currency unless otherwise expressly stated. All payments by You to Pet Deli must be made in Australian currency unless otherwise specifically agreed.

 

12. Export Policy

All Products sold or supplied under these Conditions of Purchase are packed and labelled in accordance with Australian regulatory requirements.

 

13. Miscellaneous

These are the whole of the Conditions of Purchase applicable to all sales or supplies by Pet Deli to You. These Conditions of Purchase shall apply notwithstanding any provisions to the contrary contained in any documents issued by You. If any of these Conditions of Purchase are for any reason held to be unlawful, invalid or unenforceable, then that clause or part of that clause shall be deemed to be severable and omitted from these Conditions of Purchase and shall not affect the validity and enforceability of the remainder of these Conditions of Purchase. Subject to the provisions of the Trade Practices Act, Pet Deli and You expressly agree that all Conditions of Purchase and warranties implied or otherwise incorporated in contracts by statute, common law, equity, custom or usage or otherwise shall not apply and, to the maximum extent permitted by law, are excluded.

 

14. Claims, Limit of Liability and Obligation to Notify

14.1 Paragraphs 14.2 and 14.3 does not apply where You are a consumer within the meaning of the Trade Practices Act 1974.

14.2 Without derogating from any other term or condition in these Conditions of Purchase:

14.2.1 You shall inspect the Products immediately upon their delivery in accordance with clause 4. The Products are deemed to be accepted by You unless You gives notice to Pet Deli of any alleged defects in the Products, unfitness for the particular purpose for which they were supplied (if any), unmerchantable quality, or failure to meet specifications within 24 hours of delivery of the Products.

14.2.2 In default of such notice, the Products shall be deemed to be suitable for the purpose for which they were supplied, of merchantable quality, in accordance with specifications, and otherwise free of any defect and Pet Deli shall not recognize any claim in any of these regards.

14.3 The liability of Pet Deli, if any, for faulty workmanship, unsuitability, unmerchantable quality, failure to meet specifications, loss or damage in transit or whatever shall (except in the case where the Products are of a kind that might ordinarily be acquired for personal, domestic or household use or consumption) be limited to:-

14.3.1 Replacement of the Products or supply of equivalent Products;

14.3.2 Repair of the Products;

14.3.3 Payment to You of the cost of replacing the Products or of acquiring equivalent Products;

14.3.4 Payment to You of the cost of having the Products repaired (if applicable), whichever obligation Pet Deli shall in its absolute discretion choose. Without derogating from the generality of the foregoing, Pet Deli shall not be liable for any consequential loss.

14.4 You shall notify Pet Deli immediately upon You, Your employees or agents becoming aware of any alleged fault or defect in the Products, unsuitability or unfitness for the proposed use of the Products, failure to comply with or to meet specifications, loss or damage in transit, or any other alleged cause of action in relation to the Products arising out of the delivery or failure to deliver the Products; and shall bring any action and/or commence any proceedings in relation thereto within six (6) months of the date of delivery of the Products or the date that the Products ought to have been delivered and not thereafter.

 

15. Definitions and Interpretation

15.1 In these Conditions of Purchase unless the context requires otherwise:

15.1.1 “Content” includes product descriptions and specifications, price lists, articles, brochures, newsletters, special offers and any other data sheets in relation to Products offered for sale on the Website and which is posted on the Website by Pet Deli.

15.1.2 “Products” means those goods, items, products or stock that You purchase from Pet Deli and request Pet Deli to supply to You.

 

16. Contacting us

If You have any queries about these Conditions of Purchase, or anything else at the Website, please contact us at admin@petdeli.com.au or phone (02) 9809 2623.

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