In these terms and conditions, “we “us” and “our refers to NedBen Pty Ltd trading as South West Pets. Your access to and and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions,
You must be 18 years or older to purchase through our website. By proceeding to purchase through the website, you acknowledge that you are 18 years or over.
We endeavour to ensure that our products listed on the website have accurate product descriptions, however, we do not warrant that the description is accurate. If and when we become aware of any misdescription, we reserve the right to correct the error or omission.
Images have been provided for illustrative purposes only, and we do not guarantee that the image will reproduce in true colour nor that any given image will reflect or portray the full design, options or details relating to that product.
South West Pets offer a free delivery service to online product orders of $50.00 (AUD) or more to customers located in the Greater Bunbury Region. Areas covered are: Bunbury, Australind, Eaton, Treendale, Busselton, Collie, Capel and other suburbs/towns within this region.
South West Pets will endeavour to deliver products to the above areas within 3-5 working days of placing orders online. Customers will receive a confirmation email and delivery day and delivery window via return email.
South West Pets is not responsible for any product once delivered going missing in the event that the customer authorises South West Pets to leave the order unattended.
All prices listed on the website are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our product prices are correct and up to date, however, we reserve the right to amend our prices at any time. When you place an order, we undertake to fulfil the order at the prices listed at the time of order.
Product orders online are available to customers located in the Greater Bunbury Region of Western Australia. Delivery to other areas of Australia will be at the appropriate postage rate.
When placing an order with South West Pets you will be required to provide your name, address for delivery, email address, telephone and credit card details. We undertake to take due care with this information, however, in providing us with this information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
When you visit the South West Pets website, we give you limited licence access to use our information for personal use. You are permitted to download a copy of the information on the website to your computer for personal use only provided that you do not delete or change any copyright symbols, trademarks or any other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, re-publish, distribute or display any of the information on the South West Pets website without our prior written permission.
The website may contain links to other websites. These links are provided for convenience only and South West Pets do not take any responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on the website to another does not imply that South West Pets endorses, supports or sponsors of that website or business. You may hyperlink our website without our consent. Any linking will be entirely your responsibility and at your expense. By linking, you must not alter any of South West Pets content and intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All trademarks, brands and logos generally identified either with the symbols ™ or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
South West Pets takes due care to provide accurate and current information on the website, we do not provide any warranty either expressed or implied including without limitations warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take due care to ensure that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website. Responsibility for this content rests with the owners of that material and we are not responsible for any errors or omissions in any such material.
Statutory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Action 2010 (C&C Act) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
Schedule 2 of the C&C Act; and those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services that we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:
- We will repair or replace the good or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.
If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you.
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
We do not participate in any way in the transactions between our users.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
If a Force Majeure event causing delay continues for more than thirty (30) days, we may terminate this Agreement by giving at least seven (7) days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercises control.
These terms and conditions are to be governed by and construed in accordance with the laws of WA and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in WA and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited,narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.