TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Smoochy Poochy (ABN 79 780 762 550) (owner) who owns and operates the website under the domain name www.smoochypoochy.com.au (website). Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
By using the website you agree to and acknowledge that you have read, reviewed and accept the below terms and conditions.
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, you will be required to provide a password. This password is for your use only and should not be provided to anyone else.
- We reserve the right to terminate your membership at any time if you breach these terms and conditions.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to use and purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- Under no circumstances do we make any warranty that the website will be error free or uninterrupted.
- We will also not be held liable for the website being unavailable.
- We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product or packaging.
- Most product information has been sourced directly from the manufacturers, suppliers and retailers. This information is provided for convenience only and reliance on this information is at your own risk. We do not take responsibility for errors caused by incorrect third party information supplied to us.
- Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- We endeavour to ensure that our product list is current, however we give no undertaking as to the availability of any product advertised on our website.
- Our prices can be accessed from the product section of the website and we reserve the right to amend our prices at any time.
- Packaging and postage maybe an additional charge, calculated at time of purchase.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and payment details. We endeavour to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to accept or reject your order within 2 days. If we have not responded to you within 2 day, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase, however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
- Once you have submitted an order, you may not cancel the order even if our acceptance or rejection of your offer is still pending.
- We reserve the right to reject your offer to purchase product/s for any reason including, product availability, error in product pricing or description and excessive personal retail use quantities.
- If a typographical error has occurred we reserve the right to cancel the order placed and nominate what price the product should be sold for.
- We will not be held liable for out of stock or stock shortages due to third party suppliers.
- Shipping costs are calculated at the time of check out and based on product size, weight, delivery postcode and method.
- Delivery of your ordered product/s will be as set out on the website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
- All risk of loss or damage to the goods passes to you when we despatch the goods.
- Personalised jigsaw puzzles by selecting “Add to Cart” you agree to the below statement: I confirm that all the images, names and other content added onto my design are correct and that I own all copyrights for them or have full authorisation to use them. I understand the colors of the printed product may be slightly different from what I see on my screen. I understand the approved design will be immediately processed without any manual checks by your team.
Coupons / Discount Codes
- We can issue coupon or discount codes for use on the website. These codes cannot be applied to previous orders, transferred, redeemed for cash or credit.
- We reserve the right to exclude certain products from having access to the discount code.
- We reserve the right to cancel the use of discount codes at any point in time for whatever reason.
- Gift cards are valid 12 months from the purchase date and are not redeemable for cash.
- Please refer to our Returns/Exchange policy found on our home page. By using this website you agree to this policy. This policy incorporates and supports the Australian Consumer Law (ACL).
- If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card or paypal account for the amount initially debited for the purchase including packaging and postage charges.
- Our returns/exchange policy can be found on the homepage of the website and can be changed without notice.
Damaged Or Faulty Items
- We take great pride and care in our products and packaging however damage or faulty products may occur due to unforeseen circumstances. If you have received a product that was either damaged in shipment or faulty please take a photo immediately. Email the photo to email@example.com including details of how it was damaged or became faulty (if known), your name and invoice number. We will attend to this promptly and work with you to obtain an appropriate resolution.
- Our damaged or faulty items policy can be found on the homepage of the website and can be changed without notice. This policy incorporates and supports the Australian Consumer Law (ACL).
- You can expect your order to arrive within 1-5 business days. Items shipped by Australia Post can take up to 2 weeks to arrive. If the product is handmade delivery time frames can be longer. Please read the product description carefully which will state any expected product delivery delays.
- Unfortunately due to courier services only being available Monday to Friday we do not delivery on Saturday, Sundays or public holidays.
- Parcels will be left at the shipping address provided when making the order. Couriers have authority to leave parcels without authorised signature. However if you have any specific delivery instructions please place them in the notes section when making an order.
- We reserve the right to refuse deliveries that are remote/rural.
- We also try to ensure products are delivered in a prompt and timely matter however due to unforeseen circumstances delays may occur. We do not accept any liability for loss or damages due to these delays.
- The information provided on the website and any other material associated with the website should not be construed or used as advice.
- We do not warrant or make any representations as to the currency, accuracy or reliability of information provided on the website and you will make your own inquiries and seek independent advice before relying on the informationation provided on the website.
- The website is not intended to be a substitute for professional veterinary advice, diagnosis or treatment. Seek veterinary advice regarding diagnosis or treatment.
- The website content can be changed or updated without notice to users.
- When you visit our website, we give you a limited licence to access and use our information for personal use and on a strictly non commercial basis.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to remove, copy, reproduce, re-publish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware. However we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Intellectual Property Rights
- The copyright to all content on this website including but not limited to logos, applets, graphics, designs, images, icons, photographs, software, data, typefaces, information, layouts and text belongs to us or we have a licence to use those materials.
- All content may not be reproduced, published or transmitted without prior written consent by the owner.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission. All rights not expressly granted herein are reserved.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- Those statutory guarantees, all of which are given by us to you, if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- By accessing and using our website, you agree to indemnify and hold us and our related entities, affiliates, officers, agents and employees harmless from all claims, actions, demands, damages, costs, losses and expenses including legal fees arising from or in connection with your use of our website.
- If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Law / Jurisdiction
- These terms and conditions are to be governed by and construed in accordance with the laws of Queensland Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
If you have any questions or concerns regarding the website or our terms and conditions please contact us at firstname.lastname@example.org.