Background

Terms and conditions

 

 

Background

  1. The Customer wishes to place an order to purchase Products.

  2. If Vet Products Direct accepts an order to purchase Products, Vet Products Direct agrees to supply those Products to the Customer on the terms of this agreement.

Operative provisions

1Ordering

1.1The Customer may place an order for one or more of the Products on the Website.

1.2If Vet Products Direct notifies the Customer that Vet Products Direct accepts an order made in accordance with clause 1.1, then:

(a)subject to payment of the Purchase Price, Vet Products Direct sells to the Customer the Products contemplated by that order; and

(b)the Customer buys the Products contemplated by that order for the Purchase Price.

1.3For clarity, Vet Products Direct may elect not to accept an order made under clause 1.1.

1.4The Customer must be satisfied that the purchase and importation of the Products in the country nominated by the Customer is lawful according to the laws of that jurisdiction.

2Fees and payment

2.1The Customer must pay the Purchase Price for the Products at the time the relevant order is made under clause 1.1.

2.2Payments made by credit card using:

(a)Payflo Pro, Payflow Link and Paypal for purchases via the Australian Website; and

(b)Worldpay and Paypal for purchases made via the International Website,

are finalised once Vet Products Direct receives an official payment statement from Paypal or Worldpay.

(c) Over the counter products are limited to Australian customers only and will not be shipped to other countries.

2.3Payments may also be made by cheque, direct deposit or by faxing credit card and order details to Vet Products Direct in the manner specified by Vet Products Direct from time to time.

2.4Payments made by cheque are finalised once the cheque is cleared by the bank nominated by Vet Products Direct.

2.5In the event of a discrepancy between the price displayed on the Website Product page and the Website shopping cart page, the price on the Website shopping cart page takes precedence and is the Purchase Price for the relevant Product.

2.6For clarity, the Purchase Price does not include shipping costs which must be paid by the Customer in addition to the Purchase Price at the same time and in the same manner as the Purchase Price.

2.7Vet Products Direct reserves the right to impose limits on the transaction values for any payment methods.

2.8If Vet Products Direct elects not to accept an order and the Customer has paid the Purchase Price for the particular Products, then Vet Products Direct must at its election endeavour to either:

(a)supply to the Customer equivalent goods; or

(b)refund to the Customer any amounts paid by the Customer for that order.

3Delivery

3.1Subject to clause 2.1, Vet Products Direct must endeavour to deliver the Products to the delivery address specified in the order accepted under clause 1.2 or request a third party to do so.

3.2The Customer acknowledges that any delivery dates nominated or agreed to by Vet Products Direct are indicative only, and are not binding on Vet Products Direct.

4Products

4.1The Customer must only use the Products in accordance with the applicable Specification.

4.2The Customer agrees and acknowledges that:

(a)the colour of the Products as pictured on the Website may vary depending on the Customer’s computer monitor;

(b)the Products as pictured on the Website are for illustrative purposes only;

(c)subject to clause 7.5, Vet Products Direct gives no representations or warranties about the Products including that the Products will have any particular functionality or be fit for any particular purpose;

(d)without limiting clause c, Vet Products Direct makes no representation and gives no warranty that use of the Products by the Customer or any third party will not infringe the intellectual property rights or other rights of any third party; and

(e)without limiting clause c, Vet Products Direct makes no representation and gives no warranty that the sale and importation of Products into the country nominated by the Customer is lawful according to the laws of that jurisdiction.

4.3Upon receipt of the Products the Customer must visually inspect the Products for signs of damage. If damage has occurred the Customer must immediately contact Vet Products Direct.

5Return of Products

5.1Without limiting clause 7, if the Customer is not satisfied with a Product and the Product is still in the same condition it was in when it was sold to the Customer, the Customer may request replacement of or a refund for the Product by contacting Vet Products Direct within 14 days of receiving the Product.

5.2The Customer must return the Products in original packaging including all manuals, warranty cards and accessories.

5.3For clarity, the Customer must pay all costs in connection with the return of the Products to Vet Products Direct, except where the Product is delivered to the Customer in error or if the Product is defective.

5.4If the Products are not returned to Vet Products Direct in original packaging or are damaged in any way, Vet Products Direct may refuse to return the Products to the Customer or may elect to charge the Customer a fee for replacement of the relevant Products and a fee equal to the greater of:

(a)$10; or

(b)15% of the Purchase Price.

5.5If the Product is defective, Vet Products Direct will pay the return shipping costs for the replacement of the Product.

5.6If Vet Products Direct inspects the returned Product and Vet Products Direct considers that the Product is not defective, Vet Products Direct at its discretion may elect to:

(a)deduct the fees contemplated by clause 5.4 and all related shipping costs from the Customer; or

(b)return the Product to the Customer at the Customer’s expense.

5.7The Customer may return the product by following the process specified on the Website or by emailing [email protected].

6Retention of title

6.1In this clause 6, proceeds, security interest, purchase money security interest, financing statement and financing change statement have the respective meanings given to those terms by the PPSA.

6.2Vet Products Direct retains title in the Products delivered under this agreement until the Customer has paid the Purchase Price of the Products.

6.3Vet Products Direct and the Customer intend this clause 6 to secure the purchase price of the Products and create a purchase money security interest in the Products. This agreement may also create a security interest in the Products that is not a purchase money security interest.

6.4Vet Products Direct may allocate payments made by the Customer to Vet Products Direct under this agreement, or any other agreement with Vet Products Direct, to any obligation owed by the Customer to Vet Products Direct.

6.5Once the Customer takes possession of the Products, the Customer must store the Products separately from other goods of the Customer, so that the Products are not mixed with those other goods and in such a way that the Products are recognisable as the property of Vet Products Direct.

6.6Once the Products leave the Vet Products Direct premises for delivery to the Customer, the Products are at the Customer’s risk and the Customer must insure the Products and keep them insured.

6.7While the Products remain the property of Vet Products Direct the Customer must not sell, lease, or otherwise dispose of the Products.

6.8While the Products remain the property of Vet Products Direct, the Customer must not grant or allow another to hold a security interest in the Products, or the proceeds of the Products. It is a condition of this agreement that the Customer complies with this clause 6.8.

6.9The Customer must pay all costs, expenses and other charges incurred or payable by Vet Products Direct in relation to the filing of a financing statement or financing change statement on the Personal Property Securities Register in connection with this agreement.

6.10If the Customer fails to comply with any obligation under this agreement, then without limiting the remedies available to Vet Products Direct:

(a)upon request by Vet Products Direct, the Customer must return the Products on which there are outstanding amounts owing;

(b)the Customer authorises Vet Products Direct and any person authorised by Vet Products Direct to enter premises where the Products may be located to take possession of the Products; and

(c)Vet Products Direct may retain, sell or otherwise dispose of the Products.

6.11The Customer agrees to the extent permitted under the PPSA, the Customer has no right to receive notice of removal of an accession under the PPSA, under Chapter 4 of the PPSA or under the PPSA to receive a copy of any verification statement or financing change statement under the PPSA.

6.12The Customer must unconditionally ratify any actions taken by Vet Products Direct under clauses 6.10 and 6.11.

7Liability

7.1Subject to clauses 7.4 and 7.5, Vet Products Direct is not liable for any loss or damage however caused (including by the negligence of Vet Products Direct) in connection with personal injury or death of any person (including any employee of the Customer) or animal in connection with the use of the Products.

7.2Subject to clauses 7.1, 7.4 and 7.5, any liability of Vet Products Direct for any loss or damage, however caused (including by the negligence of Vet Products Direct), suffered by the Customer in connection with a Product is limited to, at the discretion of Vet Products Direct:

(a)the Purchase Price paid by the Customer to Vet Products Directfor that Product; or

(b)resupply of that Product.

7.3The limitation set out in this clause 7 is an aggregate limit for all claims, whenever made.

7.4Subject to clause 7.5, Vet Products Direct is not liable for any Consequential Loss however caused (including by the negligence of Vet Products Direct) suffered or incurred by the Customer in connection with a Product.

7.5If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Vet Products Direct in connection with this agreement and the liability of Vet Products Direct for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 4.2, 7.1, 7.2, 7.4, 7.6 and 8 do not apply to that liability and instead the liability of Vet Products Direct for such failure is limited to, (at the election of Vet Products Direct), in the case of a supply of goods, Vet Products Direct replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, Vet Products Direct supplying the services again or paying the cost of having the services supplied again.

7.6Subject to clause 7.5, any claim by the Customer against Vet Products Direct for loss or damage however caused (including by the negligence of Vet Products Direct), suffered by the Customer in connection with:

(a)a shortfall in the number of Products delivered in an order, must be made within seven days of the date that order is delivered to the Customer and any claim not made within seven days is absolutely barred; and

(b)otherwise in relation to a Product, must be made within 30 days of the date that the Customer receives the Product, and any claim not made within 30 days of that date is absolutely barred.

8Indemnity

8.1The Customer is liable for, and indemnifies Vet Products Direct from and against, all loss or damage (including legal costs) incurred or suffered by Vet Products Direct however caused in connection with:

(a)any use of the Products other than in accordance with the Specification;

(b)any claim or threatened claim against Vet Products Direct by the Customer in connection with this agreement;

(c)personal injury or death of any person (including any employee of the Customer) or animal in connection with the use of the Products;

(d)damage to property in connection with the use of the Products; or

(e)any act or omission of the Customer, its officers, employees or agents.

9Intellectual Property Rights

The Customer acknowledges and agrees that nothing in this agreement grants the Customer any Intellectual Property Rights in any Products or any Intellectual Property Rights of Vet Products Direct.

10Survival

10.1The rights and obligations of the parties under this agreement do not merge on completion of any transaction contemplated by this agreement.

10.2Termination of this agreement will not affect clauses 4, 5, 6, 7, 8 and 9 and any other clause of this agreement which is expressly or by implication intended to come into force or continue after termination.

11Taxes

11.1The Customer must pay all stamp duty, taxes, duties, government charges and other taxes of a similar nature (including fines, penalties and interest) imposed, levied, assessed or payable in Australia or overseas in connection with this agreement.

11.2Any words capitalised in this clause 11 and not already defined in clause 13 have the meaning given to those words in the GST Act.

11.3The consideration for a Supply made under or in connection with this agreement includes GST.

11.4If a Supply made under or in connection with this agreement is a Taxable Supply, then at or before the time the consideration for the Supply is payable the GST Act Supplier must give the Recipient a Tax Invoice for the Supply.

11.5Where a Tax Invoice is given by the GST Act Supplier, the GST Act Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (as stated on the Tax Invoice) to the Australian Taxation Office.

12General

12.1The laws of Queensland, Australia govern this agreement.

12.2Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.

12.3The Customer must not assign, in whole or in part, or novate the Customer’s rights and obligations under this agreement without the prior written consent of Vet Products Direct.

12.4Vet Products Direct may subcontract its obligations under this agreement.

12.5Where this agreement contemplates that Vet Products Direct may consent to, elect, determine, approve, nominate, decide or consider any matter or thing, Vet Products Direct may provide such consent or make such election, determination, approval, nomination, decision or consideration in its absolute discretion and conditionally or unconditionally without being required to give reasons or act reasonably, unless this agreement expressly requires otherwise.

12.6Each provision of this agreement will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.

12.7This agreement represents the parties’ entire agreement, and supersedes all prior representations, communications, agreements, statements, conduct and understandings, whether oral or in writing, relating to its subject matter.

12.8The rights and obligations of the parties under this agreement do not merge on completion of any transaction contemplated by this agreement.

12.9Vet Products Direct may collect information relating to the Customer (including Personal Information), retain that information in its customer database and use that information (including Personal Information) for purposes associated with the Vet Products Direct business, including marketing of other products of Vet Products Direct, a related entity of Vet Products Direct or an affiliate.

13Definitions and interpretation

13.1In this agreement:

Australian Website means www.vetproductsdirect.com.au.

Consequential Loss means loss of revenues, loss of reputation, loss of profits, consequential loss, loss of actual or anticipated savings, indirect loss, loss of bargain, lost opportunities (including opportunities to enter into arrangements with third parties) and loss or damage in connection with claims against the Customer by third parties.

Customer means you.

International Website means www.vetproductsdirect.com.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Product means a good ordered by the Customer under clause 1.1 which Vet Products Directhas accepted under clause 1.2.

Purchase Price in respect of a Product means the purchase price and cost of delivery for that Product specified on the Website.

Specification means the specification provided to the Customer by Vet Products Direct in respect of each Product (if any), as amended by Vet Products Direct from time to time.

Vet Products Direct means Vet Products Direct Pty Ltd ACN 100 418 031.

Website means the Australian Website or the International Website, as the case may be.

13.2In this agreement:

(a)the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;

(b)this agreement is not to be interpreted against the interests of a party merely because that party proposed this agreement or some provision in it or because that party relies on a provision of this agreement to protect itself;

(c)a reference to ‘$’ or ‘dollar’ is to Australian currency.

(d)a reference to a party is a reference to Vet Products Direct or the Customer, and a reference to the parties is a reference to both Vet Products Direct and the Customer.

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