Terms and Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website.  The use of this website is subject to the following terms of use:

For wholesale orders

Minimum order value of $300 (ex.GST) is required for all wholesale orders.

A fee of up to 2.5% (credit card surcharge fee) will be added for all payments made using Visa or MasterCard.  This fee is subject to change without prior notice and at the discretion of Petaverse Australia Pty. Ltd.

Please choose the right freight options & fees to avoid further delays and additional costs. Your order may not be fulfilled in time if you choose the wrong freight options.

Freight Charges: For all POs shipping to NSW, VIC, QLD, SA & ACT A Freight Fee of $30 AUD will be charged for orders with a total value of over $300 but less than $1,000 AUD (ex.gst) We offer free shipping for purchases with a total value of over $1,000 AUD  (ex.gst) For all POs shipping to NT, WA, and TAS A Freight Fee of $100 AUD will be charged for orders with a total value of over $300 but less than $1,000 AUD (ex.gst) A Freight Fee of $50 AUD will be charged for orders with a total value of over $1,000 AUD  (ex.gst)

Your orders will be delivered by either AUSPOST, Border Express or other 3rd party couriers. We highly recommend to all re-sellers to purchase freight insurance for expensive items like Automated Cat Litter boxes, Wooden Cat trees, Smart Feeders or any luxury items, just in case they are damaged or lost during transit.

Cash Account

All goods must be paid in full by electronic funds transfer to our account or cash deposit before goods will be dispatched. Credit Card & Debit Master card Payment is now accepted, with an additional 2.5% payment surcharge.

Trading Account

30 days credit facility, all invoices due and payable 30 days from invoice date.

NEW CUSTOMERS

First-order placed will be paid for on a cash account basis (see above)

Trading terms or accounts may be negotiated after a period of trading, depending on trading volume and payment history.

ACCOUNTS

All purchases on any Trade Credit Facility offered by Petaverse Australia Pty. Ltd.are subject to Petaverse Australia Pty. Ltd.’s Terms and Conditions of Sale (on condition that, should any change be made to those Terms and Conditions of Sale which are unacceptable to the purchaser, purchasers are at liberty to terminate the Trade Credit Facility and repay all outstanding amounts owed to Petaverse Australia Pty. Ltd. in accordance with the prior Terms and Conditions of Sale.)

All products purchased on any Trade Credit Facility offered to customers by Petaverse Australia Pty. Ltd. shall remain the sole and absolute property of Petaverse Australia Pty. Ltd. as legal and beneficial owner, and the property in and title to any products purchased shall not pass from Petaverse Australia Pty. Ltd. to customers until Petaverse Australia Pty. Ltd. has been paid in full for all products purchased.

Failure to comply with Petaverse Australia Pty. Ltd. Terms and Conditions of Sale may result in the suspension of deliveries without notice and may incur service fees on any overdue account balance.

The Customer agrees to also pay the costs and expenses incurred in respect of any enforcement or recovery of either the monies owing by the customer or repossession of the goods.

The interest of 10% per annum will be charged on overdue accounts from the due date for payment until payment is made in full.

CREDITS AND CLAIMS

All goods should be checked on arrival. Any discrepancies should be notified to us within 48 hours of receipt of goods, otherwise, claims might not be recognized.

No credit claim will be investigated unless the claim is supported by the relevant invoice number.

No goods shall be accepted for return unless authorized by a representative of our company. Our drivers cannot accept goods for return unless prior arrangements have been made.

Goods may not be accepted for credit in a damaged or defaced condition that is other than a fault in manufacture or the fault of Petaverse Australia Pty. Ltd.

WARRANTIES

All goods that carry a warranty of the manufacturer or agent shall be credited or exchanged only when so agreed to by that manufacturer or agent.

BACKORDERS

Goods that are temporarily out of stock at the time of dispatch of orders will not be placed on backorder unless specifically requested by the customer.

PRICES

All prices quoted are exclusive of Goods and Services Tax (GST), and where applicable will be charged in accordance with GST Legislation.

Petaverse Australia Pty. Ltd. reserves the right to alter prices without notification.

SHIPPING

Petaverse Australia Pty. Ltd. reserves the right to charge extra for shipping to remote or rural areas. Petaverse Australia Pty. Ltd. shall not be liable for any inaccuracy of delivery information provided in relation to address and operation time.

Terms and Conditions

1. About the Website Welcome to petority.com.au (the ‘Website ‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products ‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services ‘). The Website is operated by Petaverse Australia Pty. Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by Petaverse Australia Pty. Ltd. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. Petaverse Australia Pty. Ltd. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Petaverse Australia Pty. Ltd. updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Petaverse Australia Pty. Ltd. in the user interface.

3. Registration to use the Purchase Services In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including: You warrant that any information you give to Petaverse Australia Pty. Ltd. in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms.

As a Member you will be granted immediate access to the Purchase Services. You may not use the Purchase Services and may not accept the Terms if: you are not of legal age to form a binding contract with Petaverse Australia Pty. Ltd. or you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by the Terms; any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; You are solely responsible for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services; any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Petaverse Australia Pty. Ltd. of any unauthorised use of your password or email address or any breach of security of which you have become aware; access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Petaverse Australia Pty. Ltd. providing the Purchase Services; You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Petaverse Australia Pty. Ltd. for any illegal or unauthorised use of the Website; and You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price ‘). Payment of the Purchase Price may be made through PAYPAL; Credit/Debit Cards; After Pay; Google Pay; Apple Pay (the ‘Payment Gateway Provider ‘). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. Following payment of the Purchase Price being confirmed by Petaverse Australia Pty. Ltd., you will be issued with a receipt to confirm that the payment has been received and Petaverse Australia Pty. Ltd. may record your purchase details for future use. Petaverse Australia Pty. Ltd. may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Warranty Petaverse Australia Pty. Ltd.’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty ‘). You may make a claim under this clause (the ‘Warranty Claim ‘) for material defects and workmanship in the Products within 12 Months from the date of purchase (the ‘Warranty Period ‘). In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Petaverse Australia Pty. Ltd. showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Petaverse Australia Pty. Ltd. by email at info@petority.com.au

Where the Warranty Claim is accepted then Petaverse Australia Pty. Ltd. will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim. The Warranty shall be the sole and exclusive warranty granted by Petaverse Australia Pty. Ltd. and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Delivery You acknowledge that the Purchase Services offered by Petaverse Australia Pty. Ltd. integrate delivery (the ‘ Delivery Services ‘) through the use of third party delivery companies (the ‘ Delivery Service Providers ‘). In providing the Purchase Services, Petaverse Australia Pty. Ltd. may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Petaverse Australia Pty. Ltd. is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers regarding providing the Delivery Services. In the event that an item is lost or damaged in the course of the Delivery Services, Petaverse Australia Pty. Ltd. asks that you: contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and contact us by sending an email to info@petority.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of Petaverse Australia Pty. Ltd. are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content ‘) are owned or controlled for these purposes, and are reserved by Petaverse Australia Pty. Ltd. or its contributors. Petaverse Australia Pty. Ltd. retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Petaverse Australia Pty. Ltd.; or the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process). You may not, without the prior written permission of Petaverse Australia Pty. Ltd. and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy Petaverse Australia Pty. Ltd. takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Petaverse Australia Pty. Ltd.’s Privacy Policy, which is available on the Website.

10. General Disclaimer

You acknowledge that Petaverse Australia Pty. Ltd. does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

Petaverse Australia Pty. Ltd. will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and Petaverse Australia Pty. Ltd. will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of Petaverse Australia Pty. Ltd. (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Petaverse Australia Pty. Ltd., are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors of Petaverse Australia Pty. Ltd. including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Petaverse Australia Pty. Ltd.) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website); costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

the Content or operation in respect to links which are provided for the User’s convenience;

any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

Petaverse Australia Pty. Ltd.’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Petaverse Australia Pty. Ltd. is the resupply of information or Purchase Services to you. You expressly understand and agree that Petaverse Australia Pty. Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. Petaverse Australia Pty. Ltd. is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Petaverse Australia Pty. Ltd., by third parties or by any of the Purchase Services offered by Petaverse Australia Pty. Ltd. You acknowledge that Petaverse Australia Pty. Ltd. does not provide the Delivery Services to you and you agree that Petaverse Australia Pty. Ltd. will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

The Terms will continue to apply until terminated by either you or by Petaverse Australia Pty. Ltd. as set out below.

If you want to terminate the Terms, you may do so by: notifying Petaverse Australia Pty. Ltd. at any time; and

Your notice should be sent, in writing, to Petaverse Australia Pty. Ltd. via the ‘Contact Us’ link on our homepage.

Petaverse Australia Pty. Ltd. may at any time, terminate the Terms with you if: you have breached any provision of the Terms or intend to breach any provision;

Petaverse Australia Pty. Ltd. is required to do so by law; the partner with whom Petaverse Australia Pty. Ltd. offered the Purchase Services to you has terminated its relationship with Petaverse Australia Pty. Ltd. or ceased to offer the Purchase Services to you;

Petaverse Australia Pty. Ltd. is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or the provision of the Purchase Services to you by Petaverse Australia Pty. Ltd. is, in the opinion of Petaverse Australia Pty. Ltd., no longer commercially viable.

Subject to local applicable laws, Petaverse Australia Pty. Ltd. reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Petaverse Australia Pty. Ltd.’s name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Petaverse Australia Pty. Ltd. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify Petaverse Australia Pty. Ltd., its affiliates, employees, agents, contributors, third party content providers and licensors from and against: all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

any breach of the Terms.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.” Please rewrite above statement.