Welcome to pawswag website, pawswag.com.au, (the “Site”). The following terms and conditions (the “Terms and Conditions”) govern the use of the above website and apply to your access and use of them. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. We reserve the tight to change the Terms and Conditions at any time. By continuing to use the Site you agree to be bound by any amended Terms and Conditions. You should check from time to time to see if the Terms and Conditions have been amended.
Usage
You acknowledge and agree that you will only use the Site on a personal / non-commercial basis and information obtained from the Site; must not be removed, copied or reproduced; must only be used lawfully; and must not be disrupted, for example interfering with the software of the site.
You agree not to use our Site for illegal purposes, and specifically not to:
- harass, mistreat or violate the rights of other users of our Site;
- violate intellectual property rights of the Site or any third party;
- act in any way that could be considered fraudulent; or
- post material that may be deemed inappropriate or offensive.
Functionality
Pawswag makes every effort to ensure that the Site is running efficiently and smoothly, however we take no responsibility and will not be liable for the site being unavailable for any reason.
Orders
When you place an order with pawswag, it is an offer by you to purchase a particular product/s for the specified price shown on the Site at the time of the order and in accordance with these Terms and Conditions.
Pawswag 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, and product unavailability. Under such circumstances, Pawswag may contact you to make alternative arrangements. Pawswag reserves the right to limit purchases to normal retail quantities.
Prices and availability of Products are subject to change without notice.
Pawswag 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, Pawswag may contact you in order to offer an alternative item, refund or credit.
Intellectual Property
You acknowledge that all material published or appearing on the Site, including but not limited to images, text, logos, documents, icons and other materials, including all third-party content and user generated content is the sole property of Pawswag.
Users may post photos, videos and public comments on our Site. By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
Please refer to the Privacy Policy for further conditions relating to your personal information, what we collect and how it may be used. We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate the Terms and Conditions.
Content
You acknowledge and accept that:
The information provided on the Site or any other material accessed via the Site is general information and should not be constructed or used as advice. Pawswag reserves the right to update and make changes to the Site without any notice to users of the Site.
While Pawswag makes every effort to ensure that the information and other material provided on the Site is current, reliable, accurate and complete, all information and material is provided in good faith and to the extent permitted by law. We do not warrant or make any representations as to the accuracy, reliability or completeness of information and material provided on the Site.
Pawswag 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 Site or for errors, or omissions from the information provided on the Site.
Photographs, illustrations and packaging images shown on the Site are a representation of the Products advertised and the appearance of the 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 Site.
Third Party Information
Information about the products that are sold on the Site 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 Site 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, Pawswag 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 Site and we are not responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties.
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 and Conditions 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 Pawswag 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 brought the product.
You will be required to provide proof of purchase if you wish to claim a refund, replacement or credit from Pawswag. Requests must be made within 20 days after receipt of your products.
Limitation of Liability
Where an Act of Parliament suggest any term, condition or warranty in the Terms and Conditions and liability cannot be excluded, the liability of Pawswag will be limited.
Pawswag’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.
Coupons
Pawswag may issue coupons or discount codes from time to time for use on the Site (“Coupons”).
Coupons:
Cannot be applied to previously placed orders;
Cannot be used in conjunction with other offers, unless otherwise specified on the Coupon;
Are not transferrable (unless otherwise specified on the Coupon) or redeemable for cash or credit; and
Must be entered prior to completing your order.
You acknowledge and agree that Pawswag reserves the right to modify the terms of, cancel or restrict the use of Coupons at any time for whatever reason and can exclude certain Products from Coupons.
Delivery
When you purchase goods from our Site, we try to ensure 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, e.g. covid. Pawswag does not accept any liability for any inaccuracy of information provided in relation to the date and time of delivery.
Delivery will take place as soon as reasonably possible, with best efforts to ship products within three (3) business days from your order date. Delivery is carried out by Standard delivery post; 5 – 7 business days. You will be required to pay delivery charges in addition to the price for the products you purchase and will be able to track status of delivery via Australia Post.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Pawswag reserves the right to hand delivery in metro areas and not to ship to remote or rural locations.
Severability
If at any time any portion of the Terms and Conditions are found to be inconsistent or invalid under applicable law, those Terms and Conditions will not affect or impair the validity, legality or enforceability of the remaining Terms and Conditions and those remaining Terms and Conditions will still be considered valid.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Western Australia.
Contact
If you have any questions or concerns in relation to the Site or the Terms and Conditions please contact us at contactpawswag@gmail.com