Terms and Conditions
Welcome to Pet Circle. We've tried to simplify the terms and conditions you automatically agree to when browsing our website by adding a plain English explanation to certain sections of this page - but always read the full text for details!
This website is owned and operated by Millell Pty Ltd (ABN 17 148 151 213) trading as Pet Circle (Owner) under the domain name "www.petcircle.com.au" (Website). You acknowledge that by accessing and using this Website or Products provided by Pet Circle, you agree to be bound by the following terms and conditions (Terms). We reserve the right to change the Terms at any time. By continuing to use the Website you agree to be bound by any amended terms and conditions. You should check from time to time to see if the Terms have been amended. The terms "we", "us", "our", "Pet Circle", "Millell Pty Ltd" and the "Website" refers to the Owner whose registered postal address is PO BOX 14, Alexandria, NSW 1435. The term Website includes any other website owned and operated by the Owner.
Put simply... Welcome, here are the terms that you agree to when using the Pet Circle Website.
You acknowledge and agree that you will only use the Website on a personal and non-commercial basis and information obtained from the Website
- must not be used, or permitted to be used, for any commercial or non-personal purpose;
- must not be removed, copied or reproduced, unless express permission is given by Pet Circle;
- must only be used lawfully and in accordance with these Terms; and
- must not be disrupted in any way, by for example interfering with the software of the Website.
Put simply... When using the Website, you aren't allowed to steal any of our content or hack or disrupt the Website in any way. Please play nice!
Pet Circle, including but not limited to its directors, officers, employees, agents, representatives and third-party content providers, does not under any circumstances make any warranty or representation that the Website will be uninterrupted or error-free.
Pet Circle makes every effort to ensure that the Website is running efficiently and smoothly, however we take no responsibility and will not be liable for the Website being unavailable for any reason whatsoever.
Put simply... Although we try our hardest to keep the Website running smoothly, mistakes sometimes happen!
In order to access some of the features of the Website you will need to become a member.
If during the process of becoming a member you provide any information which is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete we may suspend, terminate or refuse both your current and future access to and use of the Website.
Put simply... When you make an account with Pet Circle, you need to provide accurate information. If you don't, we may suspend, terminate or refuse future access to our Website.
When you place an order with Pet Circle, it is an offer by you to purchase a particular Product or Products for the specified price shown on the Website at the time of the order and in accordance with these Terms.
Pet Circle reserves the right to reject your offer to purchase Products for any reason whatsoever, including but not limited to, errors in pricing, errors in Product descriptions, you trying to purchase more than normal retail quantities and Product unavailability. Under such circumstances, Pet Circle may contact you to make alternative arrangements.
Prices and availability of Products are subject to change without notice.
Pet Circle will not be held liable or responsible for lack of stock or sold out items due to third party supplier or manufacturer issues. In the event of this occurring, Pet Circle may contact you in order to offer an alternative item, refund or credit.
Pet Circle reserves the right to limit purchases to normal retail quantities.
Put simply... We may have to cancel your order if we find a price error, something very wrong in the Product description, or if we think you're buying too much (perhaps to sneakily resell elsewhere). We will always do this within reason, though. We're also able to change prices without notice - but we will let you know if there's an awesome sale happening!
Also, if one of our suppliers can't get a product to us for a while and the product is listed as out of stock, we'll usually contact you to let you know and offer another product, a refund or store credit.
You acknowledge that all material published or appearing on the Website, including but not limited to designs, logos, graphics, images, icons, photographs, typefaces, software, data, information, pictures, and other materials, including all third party content and user generated content (collectively, Content) is the sole property of the Owner. The Content may not be reproduced, published or transmitted without prior written consent from the Owner. Infringement of copyright, trademark and/or other intellectual property rights may result in civil and/or criminal penalties.
The words "Pet Circle" is a registered trademark and governed under intellectual property law. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.
All rights not expressly granted herein are reserved.
Put simply... Our graphic designers, content writers, programmers, and a whole bunch of other people work really hard to make the Website run smoothly and look the part. That's why it's protected by law. If you steal any of our property - including images, photographs, data, designs, any of that - we can take legal action.
Privacy and Personal Information
In the event that a Product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Pet Circle reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Such occurrences may warrant a refund or store credit and will be assessed on an ad hoc basis.
If there is any inconsistency between the prices shown in Pet Circle catalogues, emails or other promotional material and the prices shown on the Website due to human or typographical error, Pet Circle reserves the right to nominate which price the Product will be sold for and Pet Circle will not be held liable or responsible in any way.
Put simply... We're only human, and sometimes mistakes happen. If there's a price difference between an item in a printed catalogue or online advertisement, and a Product on our Website, we have the final say on the price (thankfully, our prices are always pretty great!).
You acknowledge and accept that:
- The information provided on the Website or any other material accessed via the Website is general information and should not be construed or used as advice.
- The content of the Website is subject to change without notice. Pet Circles reserves the right to update and make changes to the Website without any notice to users of the Website.
- While Pet Circle makes every effort to ensure that the information and other material provided on the Website is current, reliable, accurate and complete, all information and material on the Website is provided in good faith on an "as is" basis and to the extent permitted by law, we do not warrant or make any representations as to the currency, accuracy, reliability or completeness of information and material provided on the Website.
- Pet Circle, including but not limited to its directors, officers, employees, agents, representatives and third party content providers, does not accept any responsibility arising in any way (including negligence), and is not liable for any loss (whether direct or indirect), resulting from any reliance or action taken by you on any information or material accessed through the Website or for errors, or omissions from, the information provided on the Website.
- Photographs, illustrations and packaging images shown on the Website are a representation of the Products advertised and the appearance of actual Products may vary.
- You will make your own inquiries and seek independent advice before acting or relying on any information or material provided on the Website.
Put simply... We always try to keep our product descriptions, images and other information up to date, but cannot guarantee that they're always totally accurate - sometimes suppliers change their products and don't tell us, for example. Unfortunately, this is out of our hands and we may have to quietly update products every now and then.
Also, while we have our own veterinarian and vet nurses on board to help us out with pet food, medicines and more, we ask that you use any information provided on our Website as a guide only. Always consult your own veterinarian for more information.
THIRD PARTY LINKS
The Website may contain links to other sites on the internet that are owned and operated by third parties (Third Party Website). Those links are provided to you as a free service for your convenience only.
Any dealing between you and a Third Party Website is solely between you and the owner of that website and you use and access any Third Party Website at your own risk. You may not make any claim against Pet Circle in relation to your use and access to any Third Party Website. Any link from the Website directing you to a Third Party Website does not imply our endorsement or approval of that Third Party Website, or any product or service being offered, provided, advertised or promoted on that Third Party Website. To the extent permitted by law, we do not make or give any representation or warranty, whether express or implied, as to any matter relating to any Third Party Website, including but not limited to the currency, reliability, accuracy and completeness of information provided on that Third Party Website.
Put simply... Our Website might sometimes link you to other websites or companies. While we trust these sites, once you've left ours, we can't be responsible for anything that goes on there.
THIRD PARTY INFORMATION
Information about the Products that are sold on the Website have been largely sourced from third parties, who are the manufacturers, suppliers and/ or retailers of those Products (Third Party Information).
You agree and acknowledge that where the Website sets out Third Party Information, that Third Party Information is being made available by us to you as a free service for your convenience only. Whilst we will not knowingly provide incorrect information, any reliance on Third Party Information is entirely at your own risk. To the extent permitted by law, Pet Circle does not give any representation or warranty, whether express, implied or otherwise, as to the accuracy, currency, reliability or completeness of Third Party Information provided on the Website and we are not responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties.
Put simply... We get our product information from the people that make or supply them, so we can't be held responsible for the accuracy of that information. We won't provide the wrong info on purpose, though - that's just rude.
Consumer Guarantees - your right to refund, replacement or credit
The Australian Consumer Law (ACL) is the national law for fair trading and consumer protection. Nothing in these Terms excludes, restricts, or modifies any right, remedy or consumer guarantee available to you under the ACL.
You are entitled to a refund, replacement or credit from Pet Circle when a product fails to meet one of the automatic consumer guarantees provided under the ACL, including that:
- The product is faulty or of unacceptable quality;
- The product does not match the product description; and
- The product is unfit for the intended purpose (does not do what it is meant to);
The consumer guarantees will not apply where you have:
- caused the product to become damaged (such as using the product in a way that it is not intended to be used);
- have mistreated or abused the product (intentionally or unintentionally);
- received what you asked for but changed your mind, found it cheaper elsewhere or decided you do not like the product; or
- knew of or were made aware of the faults before you bought the product.
You will be required to provide proof of purchase if you wish to claim a refund, replacement or credit from Pet Circle.
Put simply... When shopping online at Pet Circle, you're protected by Australian Consumer Law. That means we'll supply you with a refund, replacement or credit if the product you receive is damaged, doesn't match its description or does not do what it says it will do (among other things). But if you've broken the product, or just decided you don't like it for example, we aren't able to offer a refund. Also: always keep your receipt!
Limitation of Liability
Where an Act of Parliament suggests any term, condition or warranty in the Terms and liability cannot be excluded, the liability of Pet Circle will be limited.
Pet Circle's total liability shall in no circumstances exceed:
- in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Put simply... Unless the law says so, Pet Circle's liability is limited to the cost of the replacement of your product or the cost of having it repaired.
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
Put simply... You are responsible for your actions while using Pet Circle's Website. You agree to remedy any damage or loss we suffer as a result of you doing something you shouldn't be doing while using the Website.
Coupons and Discount Codes
Pet Circle may issue coupons or discount codes from time to time for use on the Website (Discount Codes).
- Cannot be applied to previously placed orders;
- Cannot be used in conjunction with other offers, unless otherwise specified on the Discount Code;
- Are not transferrable (unless otherwise specified on the Discount Code) or redeemable for cash or credit; and
- Must be entered prior to completing your order.
You acknowledge and agree that Pet Circle reserves the right to:
- Modify the terms of, cancel or restrict the use of Discount Codes at any time for whatever reason;
- Exclude certain Products from Discount Codes.
Put simply... We love issuing Discount Codes to our loyal customers, but sometimes we need to change or cancel Discount Codes without notice, for example when they are being misused. Also, we reserve the right to choose which items a Discount Code applies to (for example "food only").
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Pet Circle does not accept any liability for loss or damage suffered by anyone as a result of any such delays and we shall not be liable for any inaccuracy of information provided in relation to the date and time of delivery.
Pet Circle reserves the right not to ship to remote or rural locations.
Put simply... We do our best to ensure our Products get to you on time, but sometimes things go wrong and we can't be held responsible or liable in those instances.
If any portion of the Terms deemed to be invalid, illegal or unenforceable, that will not affect or impair the validity, legality or enforceability of the remaining terms and those remaining terms shall remain in full force and effect.
Put simply... Any Terms are deemed invalid or illegal can be removed and the remaining Terms will be valid and enforceable.
You must be over the age of 18 years and/or able to enter into a legally binding contract to use the Website.
These Terms, and your use of the Website shall be governed by the laws in existence in Australia. Any claim(s) related to petcircle.com.au, its constituents, and/or services provided by Pet Circle shall be governed by the laws of the state of New South Wales and you agree to submit to having the matter dealt with in a court within New South Wales, Australia.
Put simply... If something goes really wrong between us and you (which we hope never happens!), and we need to get lawyers involved, the problem has to be settled in a court of law within New South Wales, Australia.
If you have any questions or concerns in relation to the Website or the Terms please Contact Us.
- Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
- Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
- Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
- References to includes or including or like words or expressions shall mean without limitation.
Put simply... Everyone interprets things differently, but that doesn't affect the legal meaning of these Terms. Make sure you read them closely where needed.
"Product" means the goods and/ or services being offered by us and promoted through the Website.