(a) In these terms and conditions:
|Australian Consumer Law||means Schedule 2 to the Competition and Consumer Act 2010 (Cth).|
|Business Day||means a day on which banks are open for general business in Melbourne, Victoria other than a Saturday or Sunday.|
|Consequential Loss||means any consequential, special, indirect, incidental, punitive or exemplary loss, loss of income, loss of profits, loss of goodwill, wasted expenditure, reliance loss, expectation loss, loss of bargain, or any loss or gain for which restitution damages may otherwise have been capable of being awarded.|
|Content||means any data, communication or information regardless of form, including text, images, photographs, audio recordings or video recordings.|
|Custom Beds||means the pet beds manufactured by us and available for order on the Site.|
|Delivery Fee||means the fee for delivery prescribed on the Website at the time the Goods are purchased.|
|Goods||means the goods we offer for sale on the Site.|
|GST||has the meaning given to that term in the GST Law.|
|GST Law||has the meaning given to that phrase in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).|
|Return to Sender Fee||means the return to sender fee prescribed on the Website at the time of return of Goods.|
|Services||means services performed or to be performed by us in connection with the Goods.|
|Site||means the Rascal Pets website accessible at www.rascalpets.com.au and its subdomains and subdirectories.|
|Special Delivery Instructions||means instructions given by you in the field provided during the purchasing process to deliver the goods to a person other than you.|
|us||means Rascal Pets Pty Ltd ACN 620 044 171 and we and our have corresponding meanings.|
|User||means any person or entity that accesses, browses, crawls, scrapes, or in any way uses the Site.|
|you||means any User of the Site, and your has the corresponding meaning.|
(b) In these terms and conditions, unless the subject or the context otherwise requires:
(i). singular includes the plural and vice versa;
(ii). words denoting one gender include other genders;
(iii). where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(iv). a reference to a person includes that person’s successors and permitted assigns;
(v). a reference to a statute, ordinance or other legislation includes any amendment, replacement or re-enactment for the time being in force and includes all regulations, by-laws and statutory instruments made under that statute, ordinance or other legislation;
(vi). a reference to this or any other deed, agreement, schedule, attachment or document includes a reference to that deed, agreement, schedule, attachment or document as amended, supplemented, novated or replaced from time to time;
(vii). reference to a provision described, prefaced or qualified by the name, heading or caption of a clause, subclause, paragraph, schedule, item, or attachment in these terms and conditions means a cross reference to that clause, subclause, paragraph, schedule, item or attachment;
(viii). a reference to a clause, attachment or schedule is a reference to a clause, attachment or schedule of these terms and conditions;
(ix). a reference to writing includes all means of reproducing words in a tangible and permanently visible form;
(x). the use of the words ‘includes’ or ‘including’ is not to be taken as limiting the meaning of the words preceding it;
(xi). a reference to time is a reference to time in the State of Victoria;
(xii). when a thing is required to be done or money is required to be paid under these terms and conditions on a day which is not a Business Day, the thing must be done or the money paid on the immediately preceding Business Day;
(xiii). a reference to a person includes a natural person, company, corporation, partnership, trust, estate, joint venture, government or governmental agency, association, co-operative and any other entity recognised by law;
(xiv). an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;
(xv). the headings in these terms and conditions do not affect its interpretation; and
(xvi). any attachments and schedules form part of these terms and conditions.
(a) These terms and conditions govern your use of the Site.
(b) By using the Site, you:
(i). acknowledge that you have read and understood these terms and conditions; and
(ii). accept these terms and conditions and agree to be legally bound by them.
(c) If you cannot or will not accept these terms and conditions and agree to be legally bound by them, you must cease using the Site immediately.
(a) We may vary these terms and conditions at any time. If you are a regular User of the Site, you should review these terms and conditions each time you use the Site as they may have changed since your last visit.
(b) The version of the terms and conditions that is published on the Site at the time you use the Site is the version that applies for the purposes of clause 1 (which may differ from the version that applied to your previous uses of the Site).
(a) You must not use the Site unless you are at least 18 years of age and have legal capacity and authority to enter into these terms and conditions.
(b) You use the Site at your own risk, including the risk that you might be exposed to Content that is offensive, improper, indecent, inaccurate, objectionable, or otherwise inappropriate or disagreeable.
(c) We do not warrant or represent that:
(i). the Content of the Site is reliable, accurate, up-to-date, true, or complete; or
(ii). the Site is free from programming bugs, computer viruses or other defects.
(d) To the maximum extent permitted by law, we are not liable to you for any loss or damage (including Consequential Loss) that may arise from your use of the Site, including from the inoperability, unavailability or security vulnerabilities of the Site or from your reliance on the quality, accuracy, or reliability of the information or Content (including the substance, appearance, order, display, and the fact that such information or Content exists).
(e) We reserve the right to change, update, interrupt, suspend, or discontinue the Site at any time in our sole and absolute discretion without notice or liability to you or any other person or entity.
(f) You must not:
(i). use the Site for commercial purposes;
(ii). breach these terms and conditions;
(iii). attempt to gain unauthorised access to the Site or any Content by hacking, password mining, or any other means;
(iv). use the Site to transmit any computer viruses, worms, ransomware, malware, spyware, trojans, defects or other items of a destructive nature;
(v). interfere with or disrupt the proper functioning of the Site;
(vi). use the Site to breach the security of any computer network, crack passwords or security encryption codes, or interfere with the security of the Site;
(vii). breach any third party right, including any intellectual property rights;
(viii). threaten, stalk, harm, or harass any person;
(ix). publish spam; or
(x). breach any law.
Unless otherwise provided or indicated, we own or hold a licence to all Content, including visual interfaces, interactive features, graphics, design, compilation (including our compilations of Content not owned by us) computer code, products, software, and all other elements and components of the Site.
(a) You may become a member of the Site by completing an online membership form, available at the Site.
(b) We may, in our sole discretion and without any notice or liability to you, suspend or terminate your membership of the Site if:
(i). you provide false or misleading information to us;
(ii). you breach these terms and conditions; or
(iii).you do or fail to do anything that may harm, or interfere with our pursuit or furtherance of, our legitimate interests.
(c) You may cancel your membership at any time by sending an email requesting cancellation to [email protected].
(a) The price of a Good may change at any time before you purchase the Good.
(b) Unless otherwise indicated, the Goods prices displayed on the Site are inclusive of GST.
(c) You are responsible for the payment of any taxes, duties, or other charges associated with and imposed on any Good including but not limited to GST.
(d) The Goods displayed on the Site are subject to availability and may change from time to time.
(e) The Goods displayed on the Site are only invitations for you to make us an offer; they are not offers capable of acceptance by you. By placing an order of Goods, you offer to buy those Goods from us. We may accept or reject your offer for any or no reason in our sole discretion.
(f) You must refer to the relevant Size Guide (if any) before purchasing any Good.
(g) You must always check the description of a Good before purchasing it to ensure the size, nature, and other details of the Good is appropriate for your needs and wants.
(h) Goods (other than Custom Beds) ordered on days other than Business Days will (subject to availability) be processed and packed within 2 Business Days.
(i) Custom Beds are made to order and will be available for pick-up under clause 7(j) or delivery approximately 3 weeks after you purchase the Custom Bed.
(j) If you choose to pick-up your Custom Bed, then, once we have notified you that your Custom Bed is ready to collect, you may collect it from our Bayswater warehouse located at 20 Brunsdon Street, Bayswater, Victoria 3153.
Please refer to our collection notice here: collection notice
(a) We reserve the right to change the delivery fees payable at any time without notice. For the avoidance of doubt, delivery fees payable for orders already submitted to us at the time we change the delivery fee will be unaffected by such change.
(b) The Customer is solely responsible for providing correct, accurate and complete delivery information, including name, address, and Special Delivery Instructions. If you have provided us with incorrect, inaccurate or incomplete delivery information, please notify us as soon as possible and we will use reasonable endeavours to correct the information, however we do not promise, represent, or warrant that any such correction will be made, regardless of how promptly you notified us of the error.
(c) Any delivery timeframes represented to you (including on the Site at the time you complete your order) are estimates only and are subject to events and circumstances beyond our control. To the maximum extent permitted by law, we are not liable to you or any other person for any loss (including Consequential Loss), damage, cost, expense, or charge arising out of or in connection with the delivery of Goods outside any represented delivery timeframes.
(d) Either you or the person authorised by your Special Delivery Instructions to accept the delivery on your behalf, must sign to confirm receipt of the Goods upon delivery to the delivery address. If no such person is available to do so, the carrier of the Goods will leave written instructions at the delivery address advising the Customer on how, when and where the Goods may be collected (Missed Delivery Card).
(e) If Goods are returned to us:
(i). because of incorrect delivery information provided by you;
(ii). because of failure to collect the Goods in accordance with a Missed Delivery Card within the specified time; or
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