- These Terms and Conditions constitute a legally binding contract between the customer (‘you’) and [insert corporate entity] (ABN insert) (‘Best Friends’, ‘us’ or ‘we’) and apply to the ordering, purchase, fulfilment and delivery of goods (‘Goods’) and services (‘Services’) from www.bestfriendspets.com.au (‘Website’).
- By placing an order for Goods or Services from this Website you agree to these Terms and Conditions.
- Best Friends reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your order are the Terms and Conditions which will apply to your order.
- Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
- Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with Goods you are entitled to a replacement or refund. For major failures with a Service you are entitled to cancel your Service contract with us and to a refund for the unused portion. If a failure with the Goods or a Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Goods and to cancel the contract for the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- All prices are in Australian dollars and include GST (where applicable) as shown on the Website at the time you place an order. Prices may differ for the same Good or Service that is purchased at one of our stores.
- Best Friends reserves the right to change the price of Goods or Services at any time without prior notice to you. If this should happen after you have ordered a product, we will contact you prior to processing your order.
- In addition to the price for the Goods, you will also need to pay any applicable advertised shipping fee, which will appear in your shopping cart (‘Shipping Fee’).
- By placing an order, you agree to pay: the purchase price of each Good and Service that is ordered; the shipping fee for delivering the Goods or Services to you; and any other fees and charges that apply in relation to your order.
- When an order is submitted your selected payment method will be debited. All items on your order will prepared for despatch to your nominated shipping address.
- If Best Friends cannot supply the items requested, we will then process a refund to the value of the non-supplied items. An email confirmation of the refund will be sent to your email address supplied on the initiating order.
- The card issuer or payment method controls the timing of returned funds. Please contact your card issuer/payment provider for details.
- You need to create an account (‘Account’) and a password (‘Password’) to place an order on this Website, which may be a ‘guest’ account. You may not create an Account for someone else.
- By creating an Account, you warrant to Best Friends that all information provided by you in relation to your Account is complete, true and accurate.
- You must notify Best Friends immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
- You acknowledge that all Goods or Services that you order are intended for personal, domestic, household and non-commercial use only.
- When you place an order on this Website it becomes an offer by you to purchase those Goods or Services.
- Best Friends may accept or reject your offer or place limits on the number of Goods or Services in your order in its absolute discretion.
- If Best Friends accepts your order it will become a separate and binding agreement between you and Best Friends with respect to the supply of those Goods or Services in accordance with these Terms and Conditions.
- You must pay for Goods or Services by credit card (Visa or Mastercard), certain prepaid payment cards, Zip pay or Best Friends gift card. If the name on the credit card/payment card/account does not match the name on the Order, Best Friends may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise Best Friends to deduct the price and the applicable shipping and other charge(s) from such card or account.
- Best Friends reserves the right to change the payment methods that can be used for orders at any time without prior notice to you in its absolute discretion.
- Best Friends may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation where:
- our fraud detection systems detect possible irregularities;
- your financial institution has declined payment; or
- your payment card has expired.
- Where this is the case, Best Friends reserves the right to cancel your order and/or place your order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
- Goods that you have ordered will not be delivered to you until your payment for the Goods has cleared. If your payment cannot be processed, your order will be rejected, and we will notify you.
- Where you order more than one item in one order, Best Friends will endeavour to deliver those Goods together, but this may not be possible in all cases.
- Please check your order carefully before submitting it as orders may not be able to be changed or cancelled once the order has been accepted by Best Friends.
- Best Friends reserves the right to cancel an order that it has previously accepted, at any time before delivery and for whatever reason, including but not limited to:
- not being able to supply the Goods within a reasonable time or at all due to an event beyond Best Friends’ control;
- an error on the Website in relation to the Goods or Services, for example, in relation to a description, price or image;
- you not meeting our payment terms or Best Friends not being able to process or accept your payment.
- You may cancel your order where Best Friends:
- has breached a material term of this Agreement;
- is not able to deliver your order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
- Where Best Friends cancels your order after acceptance it will notify you of cancellation.
- In the event of Best Friends or you cancelling your Order after payment has been processed, Best Friends will refund any money paid in respect of that Order.
- All Goods or Services advertised on this Website are subject to availability and may be out of stock or not be available in some or all of our stores.
- Best Friends reserve the right to withdraw any Goods or Services from sale temporarily or permanently without prior notice to you for any reason. Some Goods or Services might still appear on this Website for a period of time after that withdrawal but that is not a representation that they are available.
- Best Friends seeks to ensure dispatch of your Goods occurs within 1 business day of your order being processed. However, in some cases it may take longer.
- Best Friends currently uses Australia Post to for delivery of its Goods so delivery times after dispatch are subject to Australia Post. For delivery time estimates please refer to the Delivery section of this Website.
- Goods will only be delivered to addresses within Australia accessible by Australia Post. Best Friends reserves the right cancel orders that can be delivered at a reasonable cost in its absolute discretion.
- Risk and title in Goods pass to you on the date and time of delivery of the Goods to the delivery address provided in your order.
- On delivery you may be required to sign a proof of delivery document unless an Authority to Leave (‘ATL’) has been provided. If an ATL has not been provided and you are not available to take delivery, or there are circumstances preventing the Goods being left at the delivery address, then your Goods may be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address in those cases.
- If you choose to provide an ATL, Best Friends will not be able to offer any further assistance if your order is lost or subsequently goes missing after it has been deemed delivered by the carrier. The associated risk in leaving Goods unattended in these circumstances is borne by you.
39. When Best Friends processes a refund of your payment, the time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
40. Refunds will only be in Australian dollars.
Faulty or Wrong Goods
41. You must check your Goods as soon as they are delivered to you in order to ensure that: they are what you ordered; and they are not damaged or faulty.
42. If the Goods you receive are faulty or damaged or not what you ordered, then you must notify us as soon as possible.
43. If you wish to return your Goods please refer to Best Friend’s Returns and Exchanges Policy which forms part of these Terms and Conditions.
44. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Best Friends will not be liable to you, or any other person, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all, for any loss, damage, cost or expense suffered as a direct or indirect result of:
- your Account information being incomplete or inaccurate;
- any unauthorised use of your Password or Account which takes place before you notify Best Friends;
- your order information being incomplete or inaccurate or as a result of being unable to change or cancel your order once it has been accepted by Best Friends;
- cancellation of your order;
- any delay in you receiving any refund;
- differences in exchange rates between the time of purchase and the time of refund including where you have purchased Goods using a credit or debit card issued by a foreign bank or financial institution;
- the unavailability of any Goods at any time; or
- you accessing this Website.
45. To the full extent permitted at law, Best Friends is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any order or Account.
48. If any provision of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of any other provision of these Terms and Conditions.
49. These Terms and Conditions (and the provision of Goods and Services by us) are governed by and to be interpreted solely in accordance with Australian law. In the event of any dispute arising in relation to these Terms and Conditions or their subject matter, the Australian courts will have non-exclusive jurisdiction over such dispute.
50. Best Friends makes no representation or warranty that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.
Last updated 14 April 2020