Terms and Conditions - Online Purchase Agreement
Online Purchase Agreement
1. Definitions and Interpretation
1.1 Definitions
In this Agreement, unless the context requires otherwise:
ABN means: Australian Business Number.
Agreement means: this Online Purchase Agreement between you and Pack Shack (ABN: 16226594362).
Animal means: a domestic animal.
Australian Consumer Law means: Schedule 2 of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended from time to time.
Business Day means: means a day that is not a Saturday, Sunday, public holiday or bank holiday in the State of Victoria, Australia.
Food Product means: Pack Shack food merchandise or product intended for domestic animal consumption only.
Intellectual Property Rights means: all present and future rights conferred by statute, common law or equity in or in relation to any copyright, recipes, trade marks, design right, logos or other brand features, patents, business and domain names, inventions, trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
Pack Shack means: Pack Shack (ABN: 16226594362).
Registered Veterinarian means: a person who is registered under the law of a State or Territory of Australia as a veterinarian, veterinary practitioner or veterinary surgeon.
Total means: the sum in dollars of the price of goods together with delivery costs and any elected insurance costs.
Website means: the website hosted at the domain name of ‘packshack.com.au’.
1.2 Interpretation
In this Agreement, unless the context requires otherwise:
a) Words importing the singular include the plural and vice versa.
b) Words importing one gender will include all other genders.
c) Headings are for ease of reference only and will not affect the interpretation of this Agreement.
d) A reference to "we", "us" and “ours” refers to Pack Shack and a reference to "you" or “your” refers to the person purchasing Pack Shack merchandise or products under this Agreement.
e) A reference to “writing” or “written” includes email.
f) A reference to “dollars” or “$” is to an amount in Australian currency.
2. Our Contract
2.1 When you place an order via our Website, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
3. Pricing and Availability
3.1 Whilst we try and ensure that all details, descriptions and prices which appear on our Website are accurate, errors may occur. If we discover an error in the price of any goods which we have advertised, we will correct the error upon discovery by us or notification by a Website user of the error.
3.2 Delivery costs and any elected insurance costs will be charged in addition; such additional charges are clearly displayed where applicable and are included in the Total.
4. Payment
4.1 Upon receiving your order we, or our agent, carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.
5. Delivery of Goods
5.1 You acknowledge that we ship to addresses only within Australia.
5.2 Non delivery of goods must be reported to us in writing as soon as possible. You acknowledge that our contact details, including email address, are listed on our Website.
5.3 All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post without insurance.
5.4 While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
5.5 You acknowledge that the cost of delivery for any replacement goods are at your expense.
5.6 The above clause does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clauses 8.6 and 8.7 below.
6. Receipt of Goods
6.1 You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within five (5) Business Days of receipt of the goods. If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by Pack Shack within five (5) Business Days after receipt of the goods by you.
6.2 The above clause does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clauses 8.6 and 8.7 below.
7. Refund Policy
7.1 Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision.
8. Limitation on Claims
8.1 We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including such results from any act of God, fire, forces of nature, natural disasters, acts of terrorism, war, riots, insurrection, revolution, civil commotion, epidemic, pandemic, industrial action, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, difficulties in obtaining raw materials, power failure or breakdown in machinery and action or inaction by a government agency, government or state or regulatory body.
8.2 We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
8.3 You acknowledge that any Food Products supplied by Pack Shack to you pursuant to these terms are not fit for human consumption. We have no liability arising where you consume any Food Products supplied pursuant to these terms. We also have no liability arising where you purport to another person that any Food Products supplied pursuant to these terms are fit for human consumption.
8.4 You agree to follow the serving recommendations listed on the packaging of any Food Product supplied pursuant to these terms. We have no liability arising where you fail to follow the serving recommendations listed on the packaging of any Food Product supplied pursuant to these terms.
8.5 You agree to consult with a Registered Veterinarian regarding the appropriateness of any Food Product for an Animal supplied pursuant to this Agreement, prior to providing the Food Product to an Animal for consumption. We have no liability arising where you fail to consult a with a Registered Veterinarian regarding any Food Product, prior to providing the Food Product to an Animal for consumption.
8.6 Our liability for failure to comply with a consumer guarantee is limited to:
a) in the case of goods supplied by Pack Shack, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
b) in the case of services supplied by Pack Shack, the supply of the services again or the payment of the cost to you of having the services supplied again.
8.7 Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
8.8 In all other respects, our total liability for loss or damage of every kind, whether:
a) arising pursuant to the terms of service; or
b) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
is limited to an amount equivalent to the sum paid by you to us for the goods.
8.9 Except in relation to liability for personal injury to a human (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
9. Warranty Disclaimer
9.1 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
9.2 The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
10. Intellectual Property
10.1 The specifications and design of the goods (being all Intellectual Property Rights) remain our property
11. Title and Risk
11.1 Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
12. Waiver, Severability and Assignment
12.1 Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. Any waiver of any provision of the terms of service will be effective only if in writing and signed by Pack Shack. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
12.2 If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
12.3 You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent.
13. Entire Agreement
13.1 The above terms of service constitute the entire agreement between you and us and supersede any and all preceding and contemporaneous agreements between you and us.
14. Governing law
14.1 These terms of service are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.