Shop RSPCA - Terms & Conditions

Important: Please read carefully before proceeding with your purchase.

"Product" means the Products advertised for sale on the Website.

"Website" means the website owned by RSPCA Victoria Inc.

"Shop RSCPA page" means the Website page, www.rspcavic.org/help_us/shop_rspca.htm, administered by RSPCA Victoria Inc ("RSPCA Victoria").

"You" and "your" are references to persons purchasing Product.

1. Purchasers

1.1 The Product will only be sold to persons who can make legally binding contracts. By ordering a Product from this Website you are representing to us that you are 18 years of age or over and that you are able to make a legally binding contract.

2. Parties

2.1 By ordering a Product from this Website you expressly agree to be bound by these Purchase Terms and Conditions. This agreement ("Agreement") is between you and RSPCA Victoria ("the Vendor RSPCA Victoria").

3. Prices and Ordering Procedure

3.1 The price list on the Shop RSPCA page ("the Price List") and any other information in respect of a Product is not an offer to sell but is an invitation to treat only, and is subject to the availability of the Product, which may change from time to time.

3.2 You may offer to purchase goods by completing the order form (the "Order") and posting it with your credit card details, a cheque or money order for the price of the Product (plus the postage and handling charges set out on the Shop RSPCA page) to the address on the form RSPCA Victoria.

3.3 Placing an Order in the manner described on the Shop RSPCA page is an offer by you to purchase a Product for the price specified in the Price List (including payment by you of the delivery charge and any other applicable charges).

3.4 Your Order must contain all ordering information specified on the order form.

3.5 You may not cancel an Order once it is submitted, even if our acceptance or rejection of your offer is still pending.

3.6 The Vendor RSPCA  reserves the right to accept or reject in its absolute discretion any Orders which may be received by it for any reason including, without limitation, the unavailability of any Product, an error in the price or the Product description on the Shop RSPCA page, or an error in an order made by you. The Vendor RSPCA  is not required to give reasons for rejecting your offer to purchase.

3.7 The Vendor RSPCA  will refund your payment should your offer be rejected.

3.8 If the Vendor RSPCA rejects your offer to purchase the goods for any reason, neither it nor you will be under any further liability to the other arising out of your original offer or its non-acceptance of that offer.

3.9 The Vendor RSPCA gives no undertaking as to the availability of Product advertised on this Website and the prices shown in the Price List are subject to alteration without notice. If the Vendor RSPCA  accepts an Order it must supply the Product at the price shown in the Price List current on the date that you place the Order, unless otherwise agreed in writing.

3.10 The prices in the Price List at which the Product is sold are inclusive of any goods and services tax imposed under Australian law ("GST"). In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.

4. Payment

4.1 Payment for Product sold by the Vendor RSPCA  to you must be tendered at the time of placing an Order by enclosing credit card details, a cheque or money order for the price of the Product ordered (plus postage and handling charges) with the Order and posting it to the Vendor RSPCA  at its address on the order form.

5. Receipt

5.1 The Vendor RSPCA Victoria accepts the order by you to purchase a particular Product for the price when your credit card payment, money order or cheque is cleared by the bank or other financial institution in which it was deposited by the Vendor RSPCA.

6. Delivery

6.1 Upon acceptance of your order, delivery will be effected by post to the address in Victoria nominated by you. If a delivery date is specified that date is an estimate only and the Vendor RSPCA  is not liable for any delay in delivery.

7. Description of Product

7.1 Descriptions on this Website of Product are descriptive only. Actual finished Product delivered to you may be subject to minor variations.

8. Returns

8.1 You may return to the Vendor RSPCA by post any Product purchased in accordance with this Agreement within 20 days of delivery of the Product. You will be responsible for the postage and handling costs. If the Product is returned within the 20 days of delivery and in the condition described in clause 8.2 below, you may elect to either:

8.1 (1) receive a refund of the purchase price of the Product, less postage and handling charges in respect of the delivery of the Product to you and the posting of your refund; or

8.1 (2) exchange the Product for another of the same value, less postage and handling charges in respect of the replacement Product.

8.2 The Vendor RSPCA  will only refund or exchange the returned Product if that Product is returned in original condition and packaging, with all accessories and accompanied by a valid receipt.

9. Risk and Title

9.1 Title to a Product is retained by the Vendor RSPCA until the Product is posted. Title and risk in the Product will pass to you on posting of the Product to you.

10. Exclusions and Limitations

10.1 All statutory and implied conditions and warranties are excluded to the extent permitted by law. To the extent permitted by law, the liability of the Vendor RSPCA under any condition or warranty which cannot legally be excluded (including those under the Trade Practices Act 1974) is limited to the replacement or repair of the Product or supply of equivalent Product; or the payment of the cost of replacing or repairing the Product or of acquiring equivalent Product.

10.2 You acknowledge that you do not rely and it is unreasonable for you to rely on the skill or judgment of the Vendor RSPCA  as to whether the Product supplied is reasonably fit for any purpose for which it is being acquired.

10.3 Except to the extent expressly provided for in this Agreement, the Vendor RSPCA has no liability (including liability in negligence) for any loss or damage consequential or otherwise suffered or incurred in connection with the Product provided by the Vendor RSPCA, including but not limited to any loss or damage consequential or otherwise suffered or incurred and caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of or in the Product.

11. Indemnity

11.1 You indemnify the Vendor RSPCA regardless of any negligence on its part, against all losses, liabilities, legal costs and other expenses incurred by the Vendor RSPCA arising directly or indirectly as a result of or in connection with the breach by you of any provision of this Agreement or any wilful, unlawful or negligent act by you in connection with the supply by the Vendor RSPCA to you of, or use by you of, any Product.

12. Representations

12.1 The Vendor RSPCA and you have entered into this Agreement without relying on any representation by the other or any person purporting to represent the other.

13. Waiver

13.1 Failure or neglect by either party to enforce at any time any of the provision of this Agreement shall not be construed or deemed to be a waiver of that party's rights under this Agreement.

14. Notices and Claims

14.1 Any warranty or other claims by you under this Agreement are as well as any questions you may have in connection with this Agreement should be emailed or sent to the Vendor RSPCA at the address set out on the Order form.

15. Entitlement to Order Product

15.1 Orders must be accompanied by payment for the Product plus postage and handling in the form of credit card details for a credit card account with an Australian bank or other Australian financial institution, or in the form of a cheque or money order denominated in Australian dollars and drawn on an Australian bank or other Australian financial institution. The order must stipulate an Australian address to which the Product is to be sent.

15.2 These terms and conditions ("the Purchase Terms and Conditions") have been prepared in accordance with Australian law. If you are residing in or accessing this Shop RSPCA page from a country other than Australia then this Website is not intended for your use, and you are not entitled to rely on the information or to order Product. If you do so, you agree to indemnify the Vendor RSPCA and RSPCA Victoria for any loss or damage which may be incurred by the Vendor RSPCA and RSPCA Victoria as a consequence.

16. Governing Law and Jurisdiction

16.1 The law of the State or Territory in which the office of the Vendor RSPCA is located governs this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and the Federal Court of Australia.

17. Privacy Policy

17.1 The Vendor RSPCA may collect your contact information (like your address). Unless you object, this information may be used:
 
to send you news, information about the Vendor RSPCA's activities and general promotional material which it believes may be useful to you;

to profile the type of people purchasing RSPCA Product.

17.2 If you do not wish to have your personal information used in this manner or for any other specific purpose, please contact the Vendor RSPCA accordingly.

17.3 The Vendor RSPCA may provide your personal information to RSPCA Australia Inc. or to other State or Territory RSPCAs. The Vendor RSPCA will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your purchasing the Product. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

17.4 If you request the Vendor RSPCA not to use personal information in a particular manner or at all, it will adopt all reasonable measures to observe your request but it may still use or disclose that information if:

it subsequently notifies you of the intended use or disclosure and you do not object to that use or disclosure;

it believes that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
it is required by law to disclose the information.

17.5 Personal information which the Vendor RSPCA collects (including your contact details) is kept confidential to the best of the Vendor RSPCA's ability. You will appreciate, however, that the Vendor RSPCA cannot guarantee the security of transmission.

17.6 You are entitled to have access to any personal information relating to you which you have previously supplied to the Vendor RSPCA. You are entitled to edit or delete such information unless the Vendor RSPCA is required by law to retain it.

17.7 If you wish to comment on or query this privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, please contact on the Vendor RSPCA at the address set out on its Order.

18. Security of Information

18.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst the Vendor RSPCA strives to protect such information, it does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information, which you transmit to it, is transmitted at your own risk. Nevertheless, once the vendor RSPCA receives your transmission, it will take reasonable steps to preserve the security of such information.

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