Terms and Conditions
ABOUT THE WEBSITE
Welcome to www.furrypawzandclawz.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’)
The Website is operated and owned by Furry Pawz and Clawz (ABN 20 525 717 142). Access to and use of the Website, or any of its associated Products or Services, is provided by Furry Pawz and Clawz. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms you must cease usage of the Website, or any of Services, immediately.
Furry Pawz and Clawz reserves the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication.
You accept the Terms by remaining on the Website.
You must not create any links to this website from another website or document without written consent from Furry Pawz and Clawz. Please contact us on email@example.com to discuss further.
You must not use the Purchase Services and may not accept the Terms if;
a) You are not of legal age to form a binding contract with Furry Pawz and Clawz: or
b) You are a person barred from receiving the Purchase Services under the laws of Australia.
PURCHASE OF PRODUCTS AND RETURNS POLICY
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’)
Following payment of the Purchase Price being confirmed by Furry Pawz and Clawz, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use.
Furry Pawz and Clawz may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Products remains in saleable condition with the tags attached. Please email firstname.lastname@example.org and arrange returns prior to sending. Exchanges can also be made for different sizing within 7 days of receiving your products. They must be returned in unused, original condition & all dog hair must be removed from returned products. You acknowledge and agree that you are liable for any postage and shipping costs associated with any exchange or refund being returned to Furry Pawz and Clawz. We do not accept packages marked ‘Return to Sender’ as this incurs costs to us.
Furry Pawz and Clawz’s Products come with a guarantee that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. (the ‘Warranty’)
You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 30 days from the date of purchase (the ‘Warranty Period’)
If you intend to make a claim, for such, please email email@example.com with your details for an exchange or refund to be organized. You must provide proof of purchase to Furry Pawz and Clawz, showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products when sending this email.
Where the Warranty Claim is accepted then Furry Pawz and Clawz will, at it’s sole discretion, either repair or replace any defective Products or part thereof with a new equivalent during the Warranty Period at no charge to you. You
acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
You acknowledge that the Purchase Services offered by Furry Pawz and Clawz integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Services Providers’)
In providing the Purchase Services, Furry Pawz and Clawz may provide you with a variety of delivery options as part of the Delivery Services by these Delivery Services Providers. You acknowledge and agree that Furry Pawz and Clawz is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In the event that an item is lost or damaged in the course of the Delivery Services, Furry Pawz and Clawz asks that you contact us by sending an email to firstname.lastname@example.org outlining how the products were damaged in transit so we can determine if the Delivery Services Provider should be removed from the Purchase Services.
COPYRIGHT AND INTELLECTUAL PROPERTY
The Website, the Purchase Services and all the related products of Furry Pawz and Clawz are subject to copyright. The material of the Website is protected by copyright under the laws of Australia and through International treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website are owned or controlled for these purposes, and are reserved by Furry Pawz and Clawz or it’s contributors.
Furry Pawz and Clawz retains all rights, title, and interest in and to the website and all related content. Nothing you do on or in relation to the Website will transfer you to:
a) The business name, trading name, domain name, industrial design, registered design or copyright of Furry Pawz and Clawz; or
b) The right to use or exploit a business name, trading name, or domain name; or
You may not, without the prior written permission of Furry Pawz and Clawz and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Furry Pawz and Clawz will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Subject to this clause, and to the extent permitted by law:
a) All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
b) Furry Pawz and Clawz will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant of statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of Furry Pawz and Clawz (including Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Furry Pawz and Clawz, are
provided at you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, agents, contributors, third party content providers or licensors of Furry Pawz and Clawz (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about it’s Content or any Products or Purchase Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
b) The accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of it’s Content related products (including third party material and advertisements on the Website);
c) Costs incurred as a result of using the Website, the Purchase Services or any of the Products
d) The Content or operation in respect to links which are provided for the User’s convenience;
e) Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f) Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
LIMITATION OF LIABILITY
Furry Pawz and Clawz’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Furry Pawz and Clawz is the resupply of information or Purchase Services to you.
You expressly understand and agree that Furry Pawz and Clawz, it’s affilitate, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Furry Pawz and Clawz is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website, by third parties or by any of the Purchase Services offered by Furry Pawz and Clawz.
TERMINATION OF CONTRACT
The Terms will continue to apply until terminated by either you or by Furry Pawz and Clawz as set out below.
If you want to terminate the Terms, you may do so by:
a) Notifying Furry Pawz and Clawz at any time; and
b) Closing your accounts for all of the Purchase Services which you use, where Furry Pawz and Clawz has made this option available to you.
Your notice should be sent in writing to Furry Pawz and Clawz via emailing email@example.com or the ‘Contact us’ link on our website.
Furry Pawz and Clawz may at any time, terminate the Terms with you if:
a) You have breached any provision of the Terms or intend to breach any provision;
b) Furry Pawz and Clawz is required to do so by law;
c) Furry Pawz and Clawz is transitioning to no longer providing the Purchase Services to Users in the country in which you are a resident or from which you use the service; or
d) The provision of the Purchase Services to you by Furry Pawz and Clawz is, in the opinion of Furry Pawz and Clawz, no longer commercially viable.
Subject to local applicable laws, Furry Pawz and Clawz reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Furry Pawz and Clawz’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all the legal rights, obligations and liabilities that you and Furry Pawz and Clawz have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Furry Pawz and Clawz, it’s affliates, employees, agents, contributors, third party content providers and licensors from and against:
a) All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
b) Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
c) Any breach of the Terms
VENUE AND JURISDICTION
The Purchase Services offered by Furry Pawz and Clawz in intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in Victoria, Australia.
The Terms on www.Furrypawzandclawz.com.au are governed by the laws in Victoria, Australia. Any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and constructed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, not withstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
INDEPENDENT LEGAL ADVICE
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.