1.1 In these Terms:
“Company” means Paws Pet Wear.
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
3.1 Prices of the Goods are displayed on the website and are to be paid in full before goods will be shipped.
4.1 Payments are to be made in full to the Company without any deduction or discount other than Company supplied discount voucher.
5.1 The Customer must provide their correct shipping details to the Company for shipment.
5.2 The Company won’t be held accountable for Goods sent to incorrect shipping addresses supplied by the Customer at the point of sale.
5.3 The Customer must pay for shipment of their sale items until using a Paws Pet Wear approved voucher code.
Risk and Insurance
7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery, even though title in the Goods has not passed to the Customer at that time.
7.2 The Customer must, at their own expense, maintain the Goods.
Inspection and Refunds
8.1 The Customer must inspect the Goods when received and, if needed, give written notice (email) to the Company within 3 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, after this point the Goods are deemed to have been accepted in good order and condition.
9.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).
10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
- responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
- liable for any claim, damage or demand resulting from such non-compliance
10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
- replacement or repair of the Goods or the supply of equivalent Goods; or
- payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage
11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
11.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
11.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
Display and Samples
12.1 Samples can be requested but will be charged at the retail price plus postage & handling. Samples or stock purchased for display cannot be returned.
13.1 Brand Integrity As a seller of Paws Pet Wear products, the Purchaser acknowledges & agrees that it will take all reasonable measures to maintain the integrity of the Paws Pet Wear brand. In no event will Paws Pet Wear be held liable for any legal issues, damages, costs or expenses incurred or arising due to non-compliance of below:
13.2 The Purchaser will only be authorized to sell through retail outlet(s) specified in application to Paws Pet Wear. Paws Pet Wear does not allow its products to be sold on Online Auction Sites (such as eBay) or through any other third-party site without written permission.
13.3 The Purchaser will sell the goods in their entire packaging including all existing labels & will not tamper with branding logos, change or re-label over the Paws Pet Wear logo on any of the goods without prior written permission. The Purchaser can include own brand labels at point of resell. Product pattern designs are hand created by the Paws Pet Wear team so will not be claimed by the Purchaser as their own hand designed prints at next point of sale. For website reselling – The Purchaser must display the Paws Pet Wear brand name at least once in the product description.
14.1 Copyright Purchaser agrees that trade names, trademarks & logos used to identify Paws Pet Wear products are the exclusive property of Paws Pet Wear, & the Purchaser has no interest in such trade names, trademarks & logos except for the right to use them in connection with their promotion & the sale of Paws Pet Wear product items. Upon termination of the Agreement, Purchaser agrees immediately to cease all use of Paws Pet Wear trade names, trademarks & logos, images and patterns. Paws Pet Wear website images are the property of Paws Pet Wear and cannot be saved and used on other platforms by the Purchaser. Product images owned by Paws Pet Wear can be requested for use by the Purchaser to assist with wholesale product sales only. Product pattern designs are hand created by the Paws Pet Wear team so will not be claimed by the Purchaser as their own hand designed prints at the Purchaser’s next point of sale.
14.2 The content, including downloads, videos, images used by Paws Pet Wear (including the website & domain name www.pawspetwear.com.au), unless otherwise stated, are the property of Paws Pet Wear & are protected by copyright law. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material used by Paws Pet Wear, or create any other material using material originating from Paws Pet Wear, without obtaining prior written consent from Paws Pet Wear. Trademarks & logos must not be used or modified in any way without obtaining the prior consent of Paws Pet Wear.