(a) Welcome to www.petnest.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 ‘).
(b) The Website is operated by PetNest Enterprises T/A PetNest (ABN 68610096466). Access to and use of the Website, or any of its associated Products or Services, is provided by PetNest Enterprises T/A PetNest. 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.
(c) PetNest Enterprises T/A PetNest reserves the right to review and change any of the Terms by updating this page at its sole discretion. When PetNest Enterprises T/A PetNest updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by PetNest Enterprises T/A PetNest in the user interface.
(a) In order to access some features of this Website, you are required to first register as a user of the Website. As part of the registration process, or as part of your continued use of the Website, you may be required to provide personal information about yourself (such as identification or contact details), including:
(b) You warrant that any information you give to PetNest Enterprises T/A PetNest while completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(a) In using the Purchase Services to purchase products through the Website, you will agree to the payment of the purchase price listed on the Website for the Product.
(b) Payment of the Purchase Price may be made through Mastercard / PayPal / Afterpay (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) PetNest Enterprises T/A PetNest at its sole discretion may run discount sales of products on its website. The prices therein will remain applicable and valid until the closing date mentioned in its sale campaign. Unless specifically mentioned all products that are on a special/discounted price will have an expiry or best before date of a minimum of one month from the date of dispatch. Sales of products with dates less than a month would be specifically mentioned on the product listing page.
(d) PetNest Enterprises T/A PetNest may also from time to time provide customers with discount coupons at its discretion. These coupons will remain applicable and valid until the end date provided at the time of issue of the discount coupon. PetNest Enterprises T/A PetNest may also extend the validity of these coupons at its sole discretion. The coupons however cannot be used at the time of any sales campaign or any product listed as a discounted sale. PetNest may also offer additional discounts to it’s registered customers from time to time which would be applicable to items already on sale. Usage of such discount offers would be limited to once only during the validity of the sale campaign.
(e) Following payment of the Purchase Price being confirmed by PetNest Enterprises T/A PetNest, you will be issued with a receipt to confirm that the payment has been received and PetNest Enterprises T/A PetNest may record your purchase details for future use.
(f) For returns and refunds policy refer to the document on the website.
(a) You acknowledge that the Purchase Services offered by PetNest Enterprises T/A PetNest integrate delivery (the ‘ Delivery Services’) using third-party delivery companies (the ‘ Delivery Service Providers’).
(b) In providing the Purchase Services, PetNest Enterprises T/A PetNest may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that PetNest Enterprises T/A PetNest is not the provider of these delivery and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
(c) If an item is lost or damaged during the Delivery Services, PetNest Enterprises T/A PetNest asks that you contact us by sending an email to orders@petnest.com.au outlining in what way the Products were damaged in transit so we can determine further action.
(a) The Website, the Purchase Services and all the related products of PetNest Enterprises T/A PetNest are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes and are reserved by PetNest Enterprises T/A PetNest or its contributors.
(b) PetNest Enterprises T/A PetNest 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 to you:
(a) PetNest Enterprises T/A PetNest takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to PetNest Enterprises T/A PetNest’s Privacy Policy, which is available on the Website.
(a) You acknowledge that PetNest Enterprises T/A PetNest does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) PetNest Enterprises T/A PetNest 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.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(e) Use of the Website, the Purchase Services, and any of the products of PetNest Enterprises T/A PetNest (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of PetNest Enterprises T/A PetNest, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of PetNest Enterprises T/A PetNest including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of PetNest Enterprises T/A PetNest) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer because of any of the following:
(a) PetNest Enterprises T/A PetNest’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 PetNest Enterprises T/A PetNest is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that PetNest Enterprises T/A PetNest, its affiliates, 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.
(c) PetNest Enterprises T/A PetNest 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 of PetNest Enterprises T/A PetNest, by third parties or by any of the Purchase Services offered by PetNest Enterprises T/A PetNest.
(a) You agree to indemnify PetNest Enterprises T/A PetNest, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) The Terms and your usage of the Website would be governed by Australian laws and any claims in relation to petnest.com.au will be dealt by a court in New South Wales, Australia.
(b) If any part of these Terms is found to be void or unenforceable, that part shall be severed, and the rest of the Terms shall remain in force.