Terms Of Use
Terms Of Use
By continuing to place orders via this website you agree to be bound by these terms and conditions of sale. All orders placed via this website must be done in good faith and are considered a promise to buy. All information you supply during the ordering process must be true and correct.
Functionality
Discount Pet Centre including but not limited to its directors, officers, employees, agents, representatives and third-party content providers, does not under any circumstances make any warranty or representation that the Website will be uninterrupted or error-free.
Discount Pet Centre makes every effort to ensure that the Website is running efficiently and smoothly, however, we take no responsibility and will not be liable for the Website being unavailable for any reason whatsoever.
Orders
When you place an order with Discount Pet Centre, it is an offer by you to purchase a particular Product or Products for the specified price shown on the Website at the time of the order and in accordance with these Terms.
Discount Pet Centre reserves the right to reject your offer to purchase Products for any reason whatsoever, including but not limited to, errors in pricing, errors in Product descriptions, you trying to purchase more than normal retail quantities and Product unavailability. Under such circumstances, Discount Pet Centre may contact you to make alternative arrangements.
Prices and availability of Products are subject to change without notice.
Discount Pet Centre will not be held liable or responsible for lack of stock or sold-out items due to a third-party supplier or manufacturer issues. In the event of this occurring,
Discount Pet Centre may contact you in order to offer an alternative item, refund or credit.
Discount Pet Centre reserves the right to limit purchases to normal retail quantities.
Privacy and Personal Information
Please refer to the Privacy Policy for further conditions relating to your personal information, what we collect and how it may be used. By continuing to use the Website you agree to the terms of the Privacy Policy (as amended from time to time).
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, Discount Pet Centre 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 Discount Pet Centre catalogues, emails or other promotional material and the prices shown on the Website due to human or typographical error, Discount Pet Centre reserves the right to nominate which price the Product will be sold for and Discount Pet Centre 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. Discount Pet Centre reserves the right to update and make changes to the Website without any notice to users of the Website.
- While Discount Pet Centre 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.
- Discount Pet Centre, 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.
Consumer Guarantees - your right to refund, replacement or credit
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 Discount Pet Centre 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; and
- The product is unfit for the intended purpose (does not do what it is meant to);
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);
- 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 Discount Pet Centre.
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 Discount Pet Centre will be limited.
Discount Pet Centre's 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.
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.
Usage
You acknowledge and agree that you will only use the Website on a personal and non-commercial basis and information obtained from the Website
- must not be used, or permitted to be used, for any commercial or non-personal purpose;
- must not be removed, copied or reproduced, unless express permission is given by Discount Pet Centre;
- must only be used lawfully and in accordance with these Terms; and
- must not be disrupted in any way, by for example interfering with the software of the Website.
Delivery
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Discount Pet Centre 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 the information provided in relation to the date and time of delivery.
Discount Pet Centre reserves the right not to ship to remote or rural locations.
Severability
If any portion of the Terms is 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 petcircle.com.au, its constituents, and/or services provided by Discount Pet Centre 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.