Terms and Conditions of Sale
Terms and Condition of Sale
The following Terms and Conditions apply to all transactions via our websites whelpmate.com, whelpmate.com.au and any other website operated by Whelpmate Pty Ltd or its associated bodies corporate. (the “Website”) and your use of the Website itself. The Laws of New South Wales, Australia shall apply and you agree to submit to the exclusive jurisdiction of the courts located within the State of New South Wales, Australia should any dispute arise. In these terms “we” and “our” refers to Whelpmate Pty Ltd, being a company incorporated and registered in New South Wales, Australia, ACN 620 502 785. “You/you” and “Your/your” refers to any visitor to the Website, any user of the Website, or any purchaser of products from the shop.
1) Orders, Order Acknowledgements and Contract
5) Risk and Title to the Goods
6) Problems upon Receipt
7) Cancellation / Refunds
8) Unused Incorrect, Damaged or Defective Goods.
9) Return to sender (RTS) or delivery refused
10) Used Items
11) Warranties and Our Liability
12) Process for Returning Goods
13) Your Liability
14) Fraud, High Risk or other customers
15) Force Majeure
19) Right to alter Terms & Conditions
Orders, Order Acknowledgements and Contract
Upon receipt of an order from you, and subject to acceptance of that Order by an Order Acknowledgement (which may be in the form of an invoice receipt), we agree to sell the Goods on and subject to these Terms and Conditions (“Contract”). An Order can be made by you online, in writing or verbally. An Order is accepted when payment of the price (including Shipping) is received in full in cleared funds into our nominated account. You should receive an Order Acknowledgement online or in writing (including by e-mail).
Previous dealings or correspondence between us shall not have any effect on the Contract and any trade custom and/or trade usage is superseded by these Terms and Conditions. If at any time in relation to the supply of the Goods, you provide, refer to, submit or otherwise use terms and conditions other than these Terms and Conditions such terms and conditions will not form part of, or be incorporated into, the Contract.
Price, Duties and Taxes
All prices are as specified on our price list in force on the Website at the time of the Order Acknowledgement. Prices on the whelpmate.com site are in AUD unless otherwise specified.
For Goods ordered from www.whelpmate.com and delivered to an address in Australia, the sale price includes GST.
For all other Goods, the price excludes any goods and services tax, sales or use tax, value added tax or any withholding tax, customs duties (import or export or other foreign country taxes) (“Taxes”). You may need to pay duties and/or customs fees when your shipment arrives. Please check with your local authorities for more information on these charges.
We shall be entitled to payment for the Goods upon Order Acknowledgement. Payment is due immediately upon Order Acknowledgement and can be made via our secure billing system. Simply choose your product and click the ‘add to cart’ button and you will be taken to our payment page. We use a payment processing system (Stripe) which takes payment directly from your bank a/c via your card details. The Shipping cost is added to the final price of the Goods.
Unless specified otherwise in our Order Acknowledgement (for example, if you pay a shipping charge), the Price for the Goods is Ex Works (as per INCOTERMS 2010) at our factory location in Sydney, Australia and shall exclude delivery and insurance costs charges and fees (“Shipping”), which will be calculated based on the nominated delivery location and added to the total amount due. We will make all reasonable efforts to have the Goods delivered to the address you specified in the Order. All promises of delivery represent ex-works dates, rather than delivery-to-destination dates.
We may notify you of an increase in the price of Shipping after an Order Acknowledgement and prior to delivery of the Goods if the price increase results from an increase in our cost of Shipping. You may, upon the alteration of the price charged for the Shipping, cancel the Order within 7 days of notice of the change of price of Shipping.
Risk and Title to the Goods
Legal and equitable title to the Goods will only be transferred to you upon receipt of cleared funds into our account for the full price of the Goods and any Shipping. Risk in the loss of or damage to Goods passes to you upon shipment from our factory location (including all risks associated with loading or unloading) or upon title in the Goods passing to you, whichever is the earlier.
Goods are sold directly to you, and are not for resale. Support and warranties are only available to you, our customer, and not to a third party who purchases goods from you. You may not use the Whelpmate brand, logo and product name in any promotion or sale material without our express permission.
Problems upon Receipt
Please thoroughly inspect the Goods immediately upon receipt.
In the event that any items are lost or damaged during transit or have not arrived by the estimated delivery date, please contact us with your Order reference number. No claim for damage to or shortages of Goods may be made unless such claim is notified to us within 7 days of delivery.
No goods shall be returned for credit or adjustment without our prior written authorisation and receipt of an RMA (Return Material Authorisation) Number.
Cancellation of Orders and Refunds/Returns
Cancellation within 10 days and before Order has been Shipped:
Most items are now available in stock and often ship within days. If you cancel your Order within 10 days and if the Order has not been shipped, we will refund the price and shipping costs minus a 5% fee for administration.
Cancellation more than 10 days after purchase:
If you wish to cancel your Order more than 10 days after purchase and the item has not been shipped, a refund may be issued at our sole discretion and we may charge a cancellation fee of 10%
Cancellation/Return after your Order has been Shipped:
If the Order has already been shipped, we will not accept a cancellation/return
Unused Incorrect, Damaged or Defective Goods
If you receive incorrect, damaged or defective Goods, please contact us within 7 days. All items must be returned to us within 30 days of delivery before a refund or replacement will be considered. You will be responsible for arranging return Shipping and any costs incurred for the return of the Goods shall be paid for by you. Upon receipt of the returned item, we will examine it and notify you via email whether you are entitled to a replacement or refund. In the case of faulty or incorrect Goods, we will either (at our discretion) repair and return the Goods, send you a replacement or issue a refund (which shall not include your cost of return shipping).
Return to sender (RTS) or delivery refused
There will either be 15% restocking fee from the price or you will be charged re-delivery.
We do not accept returns of used or opened Goods due to local, national and international quarantine and customs laws regarding the shipping of used animal equipment and products. Goods which may have come into contact with animals or is otherwise not in original condition cannot be returned. Please contact us if you have a warranty claim for Goods that have been opened or used.
Warranties and Our Liability
That all Goods are new, free from defects, of merchantable quality and conform to any specifications provided on our Website or in the Order Acknowledgement;
The Goods against defects of material or workmanship for a period of 30 days from the date delivered, when used within the designed conditions for which they were manufactured. For latent defects, we warrant the Goods for 12 months from the date delivered (“Warranty Period”).
This warranty is limited to replacement of parts which we agree are defective in material or workmanship and does not extend to claims for labour, expenses and other Consequential Loss or damage occasioned by such defect when in use.
This warranty does not (without intending to create any category or limitation) cover defects or deficiencies in Goods caused by improper installation or maintenance of Goods or related components; deterioration by corrosion, erosion, fair wear and tear, irradiation, inappropriate use, inappropriate storage, negligence, accidental damage, use of undue force in operating the product or any cause of failure other than defects in material or workmanship.
Process for returning Goods
If for any reason you return Goods (cancellation, return of defective goods or warranty claim) you must follow this protocol in its entirety:
You must use the return Shipping Labels that we supply via email.
Immediately upon the Goods being picked up, you must email us details of the return shipment including Tracking Numbers Shipping Company, Date of shipment for each item returned.
If this protocol is not followed the items are unable to be linked to your account. We may not be able to support your return at all and if we do, extra fees incurred as a result will be deducted from your refund.
It is your obligation to ensure the use of the Goods shall comply any local or national by laws, codes, regulations, laws, permits, licenses or licensing requirements, registrations and or other restrictions imposed on products of a similar nature to the Goods and to exercise all due care and skill in use of the Goods.
To the maximum extent permitted by law, you accept full liability for any harm or damage resulting from your use of the Goods.
Except as expressly provided to the contrary in the Contract, all representations, warranties, terms and conditions in relation to the Goods (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
You agree that you have made your own enquiries in relation to the suitability of the Goods for your own purpose and do not rely on representations by us, now or in the future, in relation to their suitability for a particular purpose or at the location or site where they are to be used or any steps which may need to be taken in relation to their use.
You understand that dog whelping requires specialist skills, carries inherent dangers and is often subject to regulation. You agree to acquire the necessary education and skills, act safely, responsibly, and in accordance with applicable laws and guidelines. You also agree to seek assistance from your local authority, a professional dog whelping service or your closest canine association if you require specific whelping assistance.
Our liability to you (and any party claiming through you), for any claim for loss or damages (including legal expenses) made in connection with the Contract whether under this warranty, in contract, tort (including negligence), under statute, in equity or otherwise shall end upon expiration of the Warranty Period. For any liability arising from Goods not meeting the specification or which are said to be otherwise defective or deficient, our liability is limited (a) to the cost of replacement of those Goods as soon as reasonably practicable, or (b) the repair of those Goods or (c) the repayment (or allowance) of the invoice price of those Goods (at our election).
In the case of claims for loss of or damage to physical property or persons arising under product liability, our liability is limited to the terms of our product liability insurance in place at the time of the claim and up to $10 million per event or series of events arising from one incident.
We shall not be liable for any costs relating to disassembly, removal, return and or re-installation of the Goods or any Consequential Loss, where “Consequential Loss” means any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods. "Indirect, special or consequential loss or damage" includes (whether deemed to arise directly or indirectly): (a) any loss of income, profit, production, contract, customers, business opportunity or business; (b) any loss of goodwill or reputation; and or (c) any loss of value of intellectual property.
Fraud, High Risk or other customers
We reserve the right to refuse orders not originating from Australia or Australian credit card holders due to high fraud risk. We also reserve the right to refuse Orders for trade compliance or for protection of our Intellectual Property. You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you state you are (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information.
Neither party is liable for failure to perform the Contract to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by the party claiming force majeure because of circumstances outside that parties’ reasonable control.
If a provision of a Contract would, but for this clause, be unenforceable, the provision must be read down to the extent necessary to avoid that result. If the provision cannot be read down to that extent, it must be severed without altering the validity and enforceability of the remainder of the Contract.
A person who is not a party to this Order has no right to enforce any term of this Contract.
The Sale of Goods (Vienna Convention) Act 1986 (New South Wales) (and any similar legislation relating to the Vienna Convention in other States or Territories) does not apply to this Contract.
Both of us must attempt to resolve any dispute or claim arising out of or under a Contract by a negotiation in good faith before either of us litigates that dispute or claim.
We want to ensure that your experience shopping with us is a happy one. We want to know how we can make this experience better for you so, if you have any comments or suggestions, we want to hear about them.
Right to alter Terms & Conditions
We reserve the right to alter these terms and conditions without notice from time to time.