Terms and Conditions
The Customer wishes to place an order to purchase Products.
If SPC Pet India accepts an order to purchase Products, SPC Pet India agrees to supply those Products to the Customer on the terms of this agreement.
1.1 The Customer may place an order for one or more of the Products on the Website.
1.2 If SPC Pet India notifies the Customer that SPC Pet India accepts an order made in accordance with clause 1.1, then:
(a)subject to payment of the Purchase Price, SPC Pet India sells to the Customer the Products contemplated by that order; and
(b)the Customer buys the Products contemplated by that order for the Purchase Price.
1.3 For clarity, SPC Pet India may elect not to accept an order made under clause 1.1.
1.4 The Customer must be satisfied that the purchase and importation of the Products in the country nominated by the Customer is lawful according to the laws of that jurisdiction.
2 Fees and payment
2.1 The Customer must pay the Purchase Price for the Products at the time the relevant order is made under clause 1.1.
2.2 Payments made by credit card using:
(a) Payflo Pro, Payflow Link and Paypal for purchases via the Australian Website; and
(b) Alipay and Paypal for purchases made via the International Website, are finalised once SPC Pet India receives an official payment statement from Paypal or Alipay.
(c) Over the counter products are limited to Australian customers only and will not be shipped to other countries.
2.3 Payments may also be made by cheque, direct deposit or by faxing credit card and order details to SPC Pet India in the manner specified by SPC Pet India from time to time.
2.4 Payments made by cheque are finalised once the cheque is cleared by the bank nominated by SPC Pet India.
2.5 In the event of a discrepancy between the price displayed on the Website Product page and the Website shopping cart page, the price on the Website shopping cart page takes precedence and is the Purchase Price for the relevant Product.
2.6 For clarity, the Purchase Price does not include shipping costs which must be paid by the Customer in addition to the Purchase Price at the same time and in the same manner as the Purchase Price.
2.7 SPC Pet India reserves the right to impose limits on the transaction values for any payment methods.
2.8 If SPC Pet India elects not to accept an order and the Customer has paid the Purchase Price for the particular Products, then SPC Pet India must at its election endeavour to either:
(a) supply to the Customer equivalent goods; or
(b) refund to the Customer any amounts paid by the Customer for that order.
3.1 Subject to clause 2.1, SPC Pet India must endeavour to deliver the Products to the delivery address specified in the order accepted under clause 1.2 or request a third party to do so.
3.2 The Customer acknowledges that any delivery dates nominated or agreed to by SPC Pet India are indicative only, and are not binding on SPC Pet India.
4.1 The Customer must only use the Products in accordance with the applicable Specification.
4.2 The Customer agrees and acknowledges that:
(a) the colour of the Products as pictured on the Website may vary depending on the Customer’s computer monitor;
(b) the Products as pictured on the Website are for illustrative purposes only;
(c) subject to clause 7.5, SPC Pet India gives no representations or warranties about the Products including that the Products will have any particular functionality or be fit for any particular purpose;
(d) without limiting clause c, SPC Pet India makes no representation and gives no warranty that use of the Products by the Customer or any third party will not infringe the intellectual property rights or other rights of any third party; and
(e) without limiting clause c, SPC Pet India makes no representation and gives no warranty that the sale and importation of Products into the country nominated by the Customer is lawful according to the laws of that jurisdiction.
4.3 Upon receipt of the Products the Customer must visually inspect the Products for signs of damage. If damage has occurred the Customer must immediately contact SPC Pet India.
5 Return of Products
5.1 Without limiting clause 7, if the Customer is not satisfied with a Product and the Product is still in the same condition it was in when it was sold to the Customer, the Customer may request replacement of or a refund for the Product by contacting SPC Pet India within 14 days of receiving the Product.
5.2 The Customer must return the Products in original packaging including all manuals, warranty cards and accessories.
5.3 For clarity, the Customer must pay all costs in connection with the return of the Products to SPC Pet India, except where the Product is delivered to the Customer in error or if the Product is defective.
5.4 If the Products are not returned to SPC Pet India in original packaging or are damaged in any way, SPC Pet India may refuse to return the Products to the Customer or may elect to charge the Customer a fee for replacement of the relevant Products and a fee equal to the greater of:
(a) $10; or
(b) 15% of the Purchase Price.
5.5 If the Product is defective, SPC Pet India will pay the return shipping costs for the replacement of the Product.
5.6 If SPC Pet India inspects the returned Product and SPC Pet India considers that the Product is not defective, SPC Pet India at its discretion may elect to:
(a) deduct the fees contemplated by clause 5.4 and all related shipping costs from the Customer; or
(b) return the Product to the Customer at the Customer’s expense.
5.7 The Customer may return the product by following the process specified on the Website or by emailing email@example.com.
6 Retention of title
6.1 In this clause 6, proceeds, security interest, purchase money security interest, financing statement and financing change statement have the respective meanings given to those terms by the PPSA.
6.2 SPC Pet India retains title in the Products delivered under this agreement until the Customer has paid the Purchase Price of the Products.
6.3 SPC Pet India and the Customer intend this clause 6 to secure the purchase price of the Products and create a purchase money security interest in the Products. This agreement may also create a security interest in the Products that is not a purchase money security interest.
6.4 SPC Pet India may allocate payments made by the Customer to SPC Pet India under this agreement, or any other agreement with SPC Pet India, to any obligation owed by the Customer to SPC Pet India.
6.5 Once the Customer takes possession of the Products, the Customer must store the Products separately from other goods of the Customer, so that the Products are not mixed with those other goods and in such a way that the Products are recognisable as the property of SPC Pet India.
6.6 Once the Products leave the SPC Pet India premises for delivery to the Customer, the Products are at the Customer’s risk and the Customer must insure the Products and keep them insured.
6.7 While the Products remain the property of SPC Pet India the Customer must not sell, lease, or otherwise dispose of the Products.
6.8 While the Products remain the property of SPC Pet India, the Customer must not grant or allow another to hold a security interest in the Products, or the proceeds of the Products. It is a condition of this agreement that the Customer complies with this clause 6.8.
6.9 The Customer must pay all costs, expenses and other charges incurred or payable by SPC Pet India in relation to the filing of a financing statement or financing change statement on the Personal Property Securities Register in connection with this agreement.
6.10 If the Customer fails to comply with any obligation under this agreement, then without limiting the remedies available to SPC Pet India:
(a) upon request by SPC Pet India, the Customer must return the Products on which there are outstanding amounts owing;
(b) the Customer authorises SPC Pet India and any person authorised by SPC Pet India to enter premises where the Products may be located to take possession of the Products; and
(c) SPC Pet India may retain, sell or otherwise dispose of the Products.
6.11 The Customer agrees to the extent permitted under the PPSA, the Customer has no right to receive notice of removal of an accession under the PPSA, under Chapter 4 of the PPSA or under the PPSA to receive a copy of any verification statement or financing change statement under the PPSA.
6.12 The Customer must unconditionally ratify any actions taken by SPC Pet India under clauses 6.10 and 6.11.
7.1 Subject to clauses 7.4 and 7.5, SPC Pet India is not liable for any loss or damage however caused (including by the negligence of SPC Pet India) in connection with personal injury or death of any person (including any employee of the Customer) or animal in connection with the use of the Products.
7.2 Subject to clauses 7.1, 7.4 and 7.5, any liability of SPC Pet India for any loss or damage, however caused (including by the negligence of SPC Pet India), suffered by the Customer in connection with a Product is limited to, at the discretion of SPC Pet India:
(a) the Purchase Price paid by the Customer to SPC Pet Indiafor that Product; or
(b) resupply of that Product.
7.3 The limitation set out in this clause 7 is an aggregate limit for all claims, whenever made.
7.4 Subject to clause 7.5, SPC Pet India is not liable for any Consequential Loss however caused (including by the negligence of SPC Pet India) suffered or incurred by the Customer in connection with a Product.
7.5 If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by SPC Pet India in connection with this agreement and the liability of SPC Pet India for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 4.2, 7.1, 7.2, 7.4, 7.6 and 8 do not apply to that liability and instead the liability of SPC Pet India for such failure is limited to, (at the election of SPC Pet India), in the case of a supply of goods, SPC Pet India replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, SPC Pet India supplying the services again or paying the cost of having the services supplied again.
7.6 Subject to clause 7.5, any claim by the Customer against SPC Pet India for loss or damage however caused (including by the negligence of SPC Pet India), suffered by the Customer in connection with:
(a) a shortfall in the number of Products delivered in an order, must be made within seven days of the date that order is delivered to the Customer and any claim not made within seven days is absolutely barred; and
(b) otherwise in relation to a Product, must be made within 30 days of the date that the Customer receives the Product, and any claim not made within 30 days of that date is absolutely barred.
8.1 The Customer is liable for, and indemnifies SPC Pet India from and against, all loss or damage (including legal costs) incurred or suffered by SPC Pet India however caused in connection with:
(a) any use of the Products other than in accordance with the Specification;
(b) any claim or threatened claim against SPC Pet India by the Customer in connection with this agreement;
(c) personal injury or death of any person (including any employee of the Customer) or animal in connection with the use of the Products;
(d) damage to property in connection with the use of the Products; or
(e) any act or omission of the Customer, its officers, employees or agents.
9 Intellectual Property Rights
The Customer acknowledges and agrees that nothing in this agreement grants the Customer any Intellectual Property Rights in any Products or any Intellectual Property Rights of SPC Pet India.
10.1 The rights and obligations of the parties under this agreement do not merge on completion of any transaction contemplated by this agreement.
10.2 Termination of this agreement will not affect clauses 4, 5, 6, 7, 8 and 9 and any other clause of this agreement which is expressly or by implication intended to come into force or continue after termination.
11.1 The Customer must pay all stamp duty, taxes, duties, government charges and other taxes of a similar nature (including fines, penalties and interest) imposed, levied, assessed or payable in Australia or overseas in connection with this agreement.
11.2 Any words capitalised in this clause 11 and not already defined in clause 13 have the meaning given to those words in the GST Act.
11.3 The consideration for a Supply made under or in connection with this agreement includes GST.
11.4 If a Supply made under or in connection with this agreement is a Taxable Supply, then at or before the time the consideration for the Supply is payable the GST Act Supplier must give the Recipient a Tax Invoice for the Supply.
11.5 Where a Tax Invoice is given by the GST Act Supplier, the GST Act Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (as stated on the Tax Invoice) to the Australian Taxation Office.
12.1 The laws of Queensland, Australia govern this agreement.
12.2 Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
12.3 The Customer must not assign, in whole or in part, or novate the Customer’s rights and obligations under this agreement without the prior written consent of SPC Pet India.
12.4 SPC Pet India may subcontract its obligations under this agreement.
12.5 Where this agreement contemplates that SPC Pet India may consent to, elect, determine, approve, nominate, decide or consider any matter or thing, SPC Pet India may provide such consent or make such election, determination, approval, nomination, decision or consideration in its absolute discretion and conditionally or unconditionally without being required to give reasons or act reasonably, unless this agreement expressly requires otherwise.
12.6 Each provision of this agreement will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
12.7 This agreement represents the parties’ entire agreement, and supersedes all prior representations, communications, agreements, statements, conduct and understandings, whether oral or in writing, relating to its subject matter.
12.8 The rights and obligations of the parties under this agreement do not merge on completion of any transaction contemplated by this agreement.
12.9 SPC Pet India may collect information relating to the Customer (including Personal Information), retain that information in its customer database and use that information (including Personal Information) for purposes associated with the SPC Pet India business, including marketing of other products of SPC Pet India, a related entity of SPC Pet India or an affiliate.
13 Definitions and interpretation
13.1 In this agreement:
Website means www.vetproductsdirect.co.in.
Consequential Loss means loss of revenues, loss of reputation, loss of profits, consequential loss, loss of actual or anticipated savings, indirect loss, loss of bargain, lost opportunities (including opportunities to enter into arrangements with third parties) and loss or damage in connection with claims against the Customer by third parties.
Customer means you.
International Website means www.SPC Pet Indiachina.com.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
Product means a good ordered by the Customer under clause 1.1 which SPC Pet India has accepted under clause 1.2.
Purchase Price in respect of a Product means the purchase price and cost of delivery for that Product specified on the Website.
Specification means the specification provided to the Customer by SPC Pet India in respect of each Product (if any), as amended by SPC Pet India from time to time.
SPC Pet India means SPC Pet India Pte Ltd.
Website means the Australian Website or the International Website, as the case may be.
13.2 In this agreement:
(a) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;
(b) this agreement is not to be interpreted against the interests of a party merely because that party proposed this agreement or some provision in it or because that party relies on a provision of this agreement to protect itself;
(c) a reference to ‘$’ or ‘dollar’ is to Australian currency.
(d) a reference to a party is a reference to SPC Pet India or the Customer, and a reference to the parties is a reference to both SPC Pet India and the Customer.