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Provet IT Pty Ltd (Petalia) ABN 54 094 987 185 and associated Companies
Welcome to the Petalia website at www.petalia.com.au or associated "Powered by Petalia" website (“the Website”). Petalia provides You with an on-line shopping service whereby You may purchase Products from Petalia, subject to the following Conditions of Purchase (“Conditions”). Petalia reserves the right to change any of these Conditions with such changes effective immediately upon posting to the Website. If the Conditions change, a notice will be posted to the Website advising You of this. It is Your responsibility to check the changes when such a notice is posted to the Website.
If You visit or shop at the Website, You accept these Conditions. Please take the time to read them carefully. Please also review our Privacy Policy and Terms of Use, both of which also govern Your visit to and use of the Website.
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1. Description of Products
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Petalia wishes your shopping to be as quick and easy as possible and, to the extent that it is able, tries to ensure that Content on the Website is as accurate and up-to-date as possible. You acknowledge and agree that Petalia does not warrant or represent that the descriptions of any Products or other Content on the Website is accurate, complete, or current. In addition, specifications of Products anywhere on the Website are given to identify the Products generally and do not form part of the description of the Products.
The description of the Products on Petalia’s delivery slip or receipt shall prevail over the description on the Website or on any other publication.
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2. Orders
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The only way to order Products with Petalia is via the Website using the electronic order form (“the Order Form”). Please follow the prompts on the Website to place Your order. Petalia reserves the right, in its sole discretion, not to accept an order or to cancel an order for Products placed by You. Supply of the Products constitutes acceptance by Petalia of Your order.
You must order the minimum quantity (or multiples thereof) of Products shown on the price list current at the order date. Petalia shall use every reasonable endeavour to satisfy Your order in accordance with the details on the Order Form completed by You. If this is not possible, Petalia reserves the right to supply a quantity as near as possible to that requested by You on the Order Form.
Please Note: All orders must be placed online.
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3. Your Account
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When You shop on the Website and order any Products using the Order Form, You will be required to establish an account (“Your Account”) which will be protected by a password nominated by you (“Your Password”), together with other security features described in the Privacy Policy.
By shopping on the WebSite, You are responsible for maintaining the confidentiality of Your Account and Your Password, and You agree to accept responsibility for all activities that occur using Your Account or Your Password. You may do this by restricting access to Your computer and, if You use a shared computer, exiting correctly from the Webiste.
If You are under 18 years of age, You may use the Website and purchase Products only with the supervision of a parent, guardian or other adult person. If You are under 18 years of age, and are found to be using the Website in breach of our policy, Petalia reserves the right, in its sole discretion, among other things, refuse to accept an order or cancel an order for Products placed by You or terminate Your Account.
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4. Delivery and Freight
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The Order Form requires You to indicate either Your address for delivery of the Products or the veterinary practice to which the Products are to be delivered and held for collection by You.
You will also be required to indicate Your preferred delivery method for Products ordered by You. Your Account will be charged for delivery of the Products and this cost will be indicated on the delivery slip accompanying the Products. If you are not available to accept delivery of any Products, any additional freight costs will also be charged to Your Account.
Petalia will use all reasonable efforts to deliver Products for accepted orders to the address specified on the delivery slip, on or before any estimated date, but Petalia does not represent or warrant that it will do so. Petalia does not accept liability, whether for direct, indirect or consequential loss or damage, arising due to any delay in delivery of the Products or any failure to deliver the Products ordered by You for whatever reason.
It is Your responsibility to check the quantity, quality and description of the Products delivered against the details on the delivery slip. If there is any difference in quantity, quality or description of the Products delivered, You must notify Petalia by our Contact Us Form within 48 hours from the time of delivery or collection by You (whichever is the later). If notice is not given within 48 hours, the Products actually delivered shall be deemed to be in accordance with the delivery slip and You shall not be entitled to make any claim or take any action in relation to any alleged deficiency or irregularity in the Products after that time.
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5. Pricing and Price Lists
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You will be charged for any Products ordered, at the prices shown on the price list current at the date of placing the order. Petalia is not bound by nor responsible for any typographical errors in the current price list or any other documents published by Petalia on the Website.
The prices advertised in the price lists, or in any other documents on the Website, apply only to orders placed via the Order Form. Price lists, products and product availability are subject to change without notice.
Any special prices, discounts, deals or other changes in price shall apply to the relevant products only for as long as the products remain available for sale or for the duration of the promotion and Petalia reserves the right to limit sales of any products.
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6. Payment
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Payment by way of credit card only will be accepted. You will be required to complete the relevant details at the “Checkout” section on the Order Form.
You will only be charged for any Products ordered once they have left our distributor’s warehouse for delivery to You. If You default on payment Petalia may, in its absolute discretion, charge interest on the outstanding amount and may, without prejudice to its other rights, either suspend delivery of any existing orders placed by You and/or require payment in advance for any future orders.
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7. Risk and Title
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Ownership of the Products shall remain with Petalia and Petalia reserves the right to dispose of the Products until such time as payment in full is made for all amounts owing by You to Petalia.
The risk in the Products purchased will, unless otherwise agreed by Petalia in writing, pass to You upon delivery to a carrier commissioned by Petalia to deliver the Products.
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8. Credits and Return of Products
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Unless otherwise agreed by Petalia in its absolute discretion, all Products are sold on the basis of “no return for credit” unless:
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- Subject to clause 7, the Products are received in a damaged state; or
- Subject to the requirements of clause 4:
- the Products are supplied in the incorrect quantity;
- incorrect Products are supplied to You; or
- the Products are faulty.
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Claims for credit must be made within seven (7) days of receipt or collection of the Products by You by emailing our Contact Us Form. A copy of the delivery slip from which the Products were supplied must be presented, failing which any such claims are deemed to be waived.
In the event that Petalia agrees to the return of the Products for credit, You will be notified of the appropriate procedure to be complied with to return the Products.
Products that have passed their expiry date will only be accepted for credit where the manufacturer of that particular product gives credit for expired stock. All Products that carry a warranty or guarantee of the manufacturer shall be credited or exchanged only when so agreed by the manufacturer.
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9. Credit Enquiries
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By using the Website, You hereby give Petalia the authority to make all appropriate inquiries as may be required from time to time as to Your credit and financial responsibility. For orders over $500 You will be contacted directly to clarify Your identity.
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10. Export Policy
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All Products sold or supplied under these Conditions are packed and labelled in accordance with Australian regulatory requirements.
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11. Currency
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All documents issued by Petalia and posted on the Website, including price lists, are in Australian currency unless otherwise expressly stated. All payments by You to Petalia must be made in Australian currency unless otherwise specifically agreed.
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12. Disputes
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Petalia shall use its best endeavours to quickly and effectively resolve any dispute arising in relation to Your visit to petalia.com.au, any Products purchased via petalia.com.au or these Conditions. In the event of a failure to resolve any such dispute, the dispute shall be governed by and dealt with under the laws of Queensland, Australia and You and Petalia submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland, Australia.
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13. Miscellaneous
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These are the whole of the Conditions applicable to all sales or supplies by Petalia to You. These Conditions shall apply notwithstanding any provisions to the contrary contained in any documents issued by You.
If any of these Conditions are for any reason held to be unlawful, invalid or unenforceable, then that clause or part of that clause shall be deemed to be severable and omitted from these Conditions and shall not affect the validity and enforceability of the remainder of these Conditions.
Subject to the provisions of the Trade Practices Act, Petalia and You expressly agree that all conditions and warranties implied or otherwise incorporated in contracts by statute, common law, equity, custom or usage or otherwise shall not apply and, to the maximum extent permitted by law, are excluded.
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14. Claims, Limit of Liability and Obligation to Notify
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14.1 Paragraphs 14.2 and 14.3 does not apply where You are a consumer within the meaning of the Trade Practices Act 1974.
14.2 Without derogating from any other term or condition in these Conditions:
14.2.1 You shall inspect the Products immediately upon their delivery in accordance with clause 4. The Products are deemed to be accepted by You unless You gives notice to Petalia of any alleged defects in the Products, unfitness for the particular purpose for which they were supplied (if any), unmerchantable quality, or failure to meet specifications within 48 hours of delivery of the Products.
14.2.2 In default of such notice, the Products shall be deemed to be suitable for the purpose for which they were supplied, of merchantable quality, in accordance with specifications, and otherwise free of any defect and Petalia shall not recognize any claim in any of these regards.
14.3 The liability of Petalia, if any, for faulty workmanship, unsuitability, unmerchantable quality, failure to meet specifications, loss or damage in transit or whatever shall (except in the case where the Products are of a kind that might ordinarily be acquired for personal, domestic or household use or consumption) be limited to:-
14.3.1 Replacement of the Products or supply of equivalent Products;
14.3.2 Repair of the Products;
14.3.3 Payment to You of the cost of replacing the Products or of acquiring equivalent Products;
14.3.4 Payment to You of the cost of having the Products repaired (if applicable),
whichever obligation Petalia shall in its absolute discretion choose.
Without derogating from the generality of the foregoing, Petalia shall not be liable for any consequential loss.
14.4 You shall notify Petalia immediately upon You, Your employees or agents becoming aware of any alleged fault or defect in the Products, unsuitability or unfitness for the proposed use of the Products, failure to comply with or to meet specifications, loss or damage in transit, or any other alleged cause of action in relation to the Products arising out of the delivery or failure to deliver the Products; and shall bring any action and/or commence any proceedings in relation thereto within six (6) months of the date of delivery of the Products or the date that the Products ought to have been delivered and not thereafter.
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15. Definitions and Interpretation
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15.1 In these Conditions unless the context requires otherwise:
15.1.1 “Content” includes product descriptions and specifications, price lists, articles, brochures, newsletters, special offers and any other data sheets in relation to Products offered for sale on the Website and which is posted on the Website by Petalia.
15.1.2 “Products” means those goods, items, products or stock that You purchase from Petalia and request Petalia to supply to You.
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16. Contacting us
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If You have any queries about these Conditions, or anything else at the Website, please contact us by our Contact Us Form or 1300 650 468 and we will be only too happy to answer Your query.
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