Terms and Conditions of Sale
1.1 These terms and conditions must be read in conjunction with the Terms of Trading agreement as supplied to the Buyer, when opening an account and together constitute the whole agreement between Pet Megastore Australia Pty Ltd ("petmegastore.com.au") ACN133 503 063 and the Buyer. These supersede all previous communications either oral or written. Any quotation by petmegastore.com.au shall be deemed to be subject to these terms and conditions. No term or condition contained in the Buyer’s order or acceptance document shall add to or alter these terms and conditions or any of them.
1.2 It is the Buyer’s responsibility when ordering to ensure the goods ordered conform to the Buyer’s requirements and are suitable and fit for the Buyer’s purpose.
1.3 All descriptive information, volumes, specifications, weights, figures, and other data provided by petmegastore.com.au or contained in brochures, catalogues, price lists or advertisements are by way of general description only of the goods and shall not form part of the agreement.
1.4 All orders are deemed to have been made by the Buyer and accepted by petmegastore.com.au upon and subject to these terms and conditions.
2. PLACING/CANCELLING ORDERS
2.1 To cancel your order, you must notify us within 2 hours of the order being placed. Orders that have been picked and/or shipped cannot be cancelled.
3.1 All prices are correct at time of printing & are inclusive of GST unless otherwise stated. All prices are subject to change without notification.
4. CREDIT CLAIMS – INSPECTION AND ACCEPTANCE
4.1 Upon delivery of goods the Buyer shall inspect goods at its expense and give written notice to petmegastore.com.au within three (3) days of delivery of any non-conformity to description or the terms and conditions of this agreement. Failure to give such notice shall constitute an irrevocable acceptance of goods by the Buyer. In the absence of such notice, under no circumstances will petmegastore.com.au accept returns of defective goods after three (3) days from delivery. Notice of a claim will only be recognised if the relevant invoice number accompanies the goods. We reserve the right to charge a re-stocking fee of 15% of the goods being returned. Pet Megastore will not be responsible for delivery charges to return the product. It is your responsibility to contact us prior to return to confirm the return and correct return address.
5.1 Orders under 20kg will be shipped Australia wide for $10 inclusive of GST. Orders over 20kg may incur further charges. Additional prices will be emailed prior to shipment with the option of a refund.
5.2 Unless otherwise agreed in writing, basis best endeavours, delivery will be made available to petmegastore.com.au’s or the Buyers carrier within 48 hours of an order being placed, provided the goods ordered are in stock at petmegastore.com.au’s warehouses. Pick up times are within the control of the courier service.
6. DELIVERY, RISK AND PROPERTY
6.1 Unless otherwise agreed in writing, the goods shall be delivered to the Buyer ex-store the warehouse petmegastore.com.au shall not be liable for any damage caused to the goods whilst they are in transit.
6.2 Where petmegastore.com.au agrees to deliver the goods to the premises of the Buyer and where petmegastore.com.au contracts with a carrier to do so, delivery of the goods to the carrier in all circumstances constitutes delivery to the Buyer.
6.3 Risk, but not title, of the goods supplied shall pass to the Buyer on delivery.
7. FORCE MAJEURE
7.1 petmegastore.com.au shall not be liable for any failure or delay to supply the goods due in any part to any cause beyond its control such as, but not limited to, any act or neglect of any carrier, sub-contractor, manufacturer or supplier of petmegastore.com.au, acts of God, strikes, lock-outs, bans or other industrial disturbances, fire, flood, explosion, civil riot or commotion, Government interference or request by law, rules or regulations or orders of any competent authority. No such failure or delay shall entitle the Buyer to terminate this agreement and petmegastore.com.au obligations to the Buyer shall be suspended without liability on the part of petmegastore.com.au while such cause exists.
8.1 The Buyer shall not assign any rights or obligations under this agreement without the prior written consent of petmegastore.com.au.
8.2 Any variations to the terms and conditions of this agreement must be expressly agreed in writing by the Managing Director of petmegastore.com.au.
8.3 This singular shall include the plural and vice versa, words importing any gender shall include every other gender, and where there is more than one Buyer, the Buyers shall be bound to petmegastore.com.au