Conditions of Use

Terms and conditions for sale of Goods to business or consumers

These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.

We are: Animal Affair
Our address is: Shop 13, 122 Brisbane Road, Mooloolaba, Qld, 4557

You are: Visitor to Our Web Site / our customer

The terms and conditions

1 Definitions

In this agreement:

"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

"Our Web Site" means the entire computing hardware and software installation that is or supports Our Web Site.

"Goods" means any of the Goods we offer for sale on our web site

"Content" means information in any form published on Our Web Site by us or any third party with our consent.

2 Our contract with you

2.1 These terms and conditions apply:

2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.

2.2 Goods advertised may not be available.

2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall dispatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site.

2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.

2.5 All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.

2.6 If we do not have the Goods you order in stock, we will offer you alternatives before we dispatch your order. If this happens you may:

2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell us to omit the out-of-stock item.

2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

2.8 Goods are at your risk from the moment they are picked up by the Carrier from our warehouse.

3 Price and Payment

3.1 You must pay us the full price of your order before we will send any part of it.

3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollars will be borne by you.

3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

4 Information you give us

4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods

4.2 Animal Affair, use Website Analysis Software to track our website visitors. The information we obtain from the Website Analysis Software is strictly for internal use to aid us in providing better services to our customers. Your personal information is never shared with any other parties.

4.3 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.

5 Disclaimers

5.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.

5.2 You are advised that Content may include technical inaccuracies or typographical errors.

5.3 We give no warranty and make no representation, express or implied, as to:

5.3.1 the adequacy or appropriateness of the Goods for your purpose.
5.3.2 the truth of any information given on Our Web Site;
5.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
5.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
5.3.5 compliance with any law;
5.3.6 non-infringement of any right.

5.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

5.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.

5.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.

6 Content and Intellectual Property Rights

6.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.

6.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.

6.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

7 Governing Law

This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Signed by the parties

Signed by Susan Wright duly authorised for Animal Affair