Fish and Feather Online Pet Shop - Fish and Feather Website Terms of Use

This is the terms of use page of the Fish and Feather Pty Ltd website. This page relates to website terms of use, general trading terms of use as well as our privacy policy at Fish and Feather Pet Shop, 243-245 Colchester Road, Kilsyth, Melbourne, Victoria.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

"Customer or client", “You” and “Your” refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our company – Fish and Feather. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the

Company's stated services/products, in accordance with and subject to, prevailing law as governed by the laws of the state of Victoria, Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Security: We seek to take all reasonable security measures to safeguard against the loss, destruction, use, modification or disclosure of, or unauthorised access to, any personal information you have given us.

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) if

permitted by you and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given 14 days notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client's with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Minimum 24 hours notice of cancellation required on our services and any purchases made on this website. Notification for instance, in person, via email, mobile phone, text message and/or fax, or any other means will be accepted. We reserve the right to levy a $10 charge to cover any subsequent administrative expenses caused by late cancellations.

Fish and Feather has a strict no refund policy, however we do offer exchange/credit note on items.

You may link to this website. However, we reserve the right to enforce you to remove a link to our site at any time.

We have several forms of contact information. These can be found on our Contact Us link on our website or via Company literature or via the Company's stated telephone, facsimile or mobile telephone numbers.

Our postal address is:
243-247 Colchester Road
Kilsyth South Victoria, Australia

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

The laws of Victoria, Australia govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the courts of Victoria, Australia in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Fish and Feather Pty Ltd

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Fish and Feather is aware of your concerns about use of your personal information. We attempt to use and share personal information that we collect online carefully and sensibly. This notice describes our privacy policy. By visiting Fish and Feather or fishandfeather.com.au, you are accepting the practices described in this privacy notice.

In this document, the word "computer" means any device used to connect to dogodrome.com.au and including, but not limited to, mobile devices.

Information That You Give Us: We receive and store any information you enter on our website or that you give us in any other way. You can choose not to provide certain information, or to take advantage of some of our features for website customers as they become available.

We use customer contact information from account forms where required to customise future browsing for you, such as but not limited to a registration form to improve our website and, if you choose, to send you information about our company and to inform you of sales and special offers. If, after receiving a non-order related email, you do not want to receive such emails in the future, you can notify us, by clicking on the "unsubscribe" link attached to each promotional email.

We obtain information about you when you search, participate in a contest or questionnaire, communicate with customer service, or otherwise contact us or post information on the website. For example, you provide information when you search for a product or provide information to update or create your account with us, communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; or create any alerts or other email notification services we may offer now or in the future. The information collected can typically include your name, address, and phone; e-mails to us; and any other personal information that you provide to us or post on the website.

Automatic Collection of Information: Through interaction with our website, we will receive and store information that you provide or that is generated by your actions. For example, like many websites, we use "cookies," which are placed on your computer (explained in more detail below). It lets us personalize your experience at dogodrome.com.au, tailoring the content to your interests. A number of companies offer utilities designed to help you visit websites anonymously, but if you use these utilities, it may limit your ability to use personalized features that we offer.

We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

E-mail Communications: Fish and Feather provide email links on our "Contact Us" page that allow you to contact us directly with any questions or comments you may have. We may receive a confirmation when you open any e-mail that we send to you, if your computer supports such capabilities. If you send us any email, we will retain such email and your email address for response. We also may compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary or duplicate messages to you.

Cookies are alphanumeric identifiers that are placed by us on your computer's storage system through your web browser to enable our systems to recognise your browser when you make future visits to our website, and to store certain information between visits.

You can stop your computer from storing cookies if you want to. Most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You should look in the "help" area shown on your browser's toolbar. Because cookies allow you to have the benefit of our personalized features, we recommend that you leave them turned on.

We will never share your information with any other company or business Accessing Your Personal Information

You are legally entitled to know what personal information an organisation holds about you and how that information is processed. If you would like to know what information we currently hold about you, please contact us by e-mail at it@fishnfeatherpets.com.au with the subject heading "Information Access".

Where a a strix (*) is placed on any of our promotional material the a strix as a symbol represents that terms and conditions apply. Generally we will place the terms and conditions on the printed material. However, if not, those terms and conditions will be placed on this page under the heading “promotional terms and conditions”.

Customer service

If you have any additional questions or concerns, please contact us and we will be happy to help you

Shopping at fishnfeather.com.au (The Company, We, Us, Fish and Feather)
On-line purchases made through the Fish and Feather website are governed by the sales conditions stipulated below. Please read them carefully. Your use of this site as a purchasing medium constitutes your acceptance of these terms and conditions and of the modifications that company may, from time to time, make to them.

SALES & SHIPPING

Payment method/invoicing

Credit cards and PayPal are the only forms of payment permitted for on-line purchases on our site other than COD. VISA and MasterCard are accepted. Please note that the confirmation email sent to you after your purchase has been completed, is your invoice.

At the time your order is placed, we will attempt to authorize your credit card with your financial institution through our merchant Paypal. If your financial institution indicates that they are unable to authorize your credit card, then you will be emailed a credit card authorization failure notification. Please note that your order will not have been successfully processed if a credit card authorization failure occurs.

Price

Orders placed through this site will be billed at the price indicated next to the description and illustration of the relevant product, in the "Shopping" section of the site. In order to provide for unforeseen fluctuations in market prices, Fish and Feather reserves the right to modify its prices on products sold through its Internet site at any time without notice. Delivery charges and handling charges are exercisable on every Internet order. However, where we fail to charge you through the billing process, you agree to and accept that Fish and Feather will send your pre-paid goods to you via Australia Post on a Cash on Delivery agreement. We will endevour to try an contact you prior to this occuring.

Calculating Tax

All items shipped are charged at a tax rate of GST in accordance with Australian Law. Other taxable rates for countries outside of Australia may be added to your purchase. If this is the case, we will contact you before proceeding with shipment. The "outside Australia tax must be paid prior to the goods being shipped together with any relevant shipping/freight fees.

Availability of Products

Fish and Feather makes every effort to stock sufficient quantities of products sold through this site. However, availability of products cannot be guaranteed. Fish and Feather accepts no responsibility for any damages resulting from stock-outs. If we are unable to deliver a product ordered through this site, you will be advised by email.

Shipping Policy

Orders are shipped using regular Australian Postal services. For international orders, please note that you will be responsible for any additional customs taxes or tariffs as applicable to your country, at the time of delivery. You agree not to hold Fish and Feather responsible for any product that has been damaged by the postal service or for any live product such as plants, (we do not ship animals) that have died due to poor pick up or delivery either by yourself or Australia Post

Typical delivery times are:
1-7 days for deliveries within Australia
25-40 days for international deliveries

Please allow 3-5 days handling/processing time for all orders.

If you require an expedited service, please contact us directly and we will try to accommodate your request.

We can be reached at orders@fishnfeatherpets.com.au or click here

Responsibility

If Fish and Feather were to be found responsible pursuant to a claim by one of its Internet customers, its liability would be limited to the aggregate of the amounts paid by the customer to Fish and Feather for purchases affected through this site. The foregoing notwithstanding, customers are entitled to all the rights provided under applicable laws and regulations and must abide by the obligations provided under those same laws and regulations. The relationship between the parties is governed by the laws of the state of Victoria, Australia. Any dispute arising from sales or credits, or from failures with respect to the applicable conditions of sale through the Fish and Feather Website will fall under the jurisdiction of the courts of Victoria, Australia.

Force Majeure (Acts of God)

Internet site customers agree that Fish and Feather will not be held responsible for its failure to execute its obligations, or for the damages and/or losses incurred as a result of a force majeure (act of God) or of a fortuitous event.

RETURNS AND EXCHANGES

Policy
Returns or exchanges will only be accepted on merchandise purchased online from this site. Returns or exchanges on all merchandise will be accepted within 30 days of the placement of the order if the items are unused and faulty After 30 days, returns are ONLY accepted if you have received the wrong item.

Returns and Exchanges

When returning or exchanging an item, please email us at orders@fishnfeatherpets.com.au or click here to receive a return/exchange form. Once you have received it, fill out all fields on the form, and print it out. Make sure to include your order number and item description. Pack the item(s) securely and ship the order back to us, including the return/exchange form.

If the return or exchange is a result of our error, shipping costs will be refunded to you by us. Otherwise shipping costs will NOT be refunded.

To the extent returned merchandise is in the same condition it was in at the time of delivery, you will receive a credit equivalent to the total cost of the merchandise being returned. We will credit your account as soon as we receive the merchandise and advise you by email.

PRIVACY AND SECURITY

Fish and Feather believes that your personal information deserves to be protected. You can browse our site without providing any personal information at all. However, if you want to make a purchase, receive our automated site updates or enter a contest, you will need to provide the necessary details.

When you make a purchase online, we need to know your name, the delivery address, your email address, your telephone number and your credit card number and its expiry date. This information allows us to process and track orders. No credit card information is saved on our servers.

CUSTOMER SERVICE

If you have any additional questions or concerns, please contact us and we will be happy to help you

You agree that unless you have obtained full written permission from Fish and Feather you will not;

1. Use any images or text, or display any images or text, copy translate, or modify any images or text, redistribute, publish, reverse engineer, decompile or otherwise attempt to extract or assign or sublicense any material or products from this site, in any way. You acknowledge that all parts of this site are the copyright of the site owner and that a breech of this condition may result in legal action being taken against you under the laws of Victoria, Australia;

3. Use any content with any systems, products, services, other websites including framing

A breech of this agreement may result in legal action being taken against you. Fish and feather trace all traffic through this site through LiveST and monitor thew use of this site vigorously. You agree that if you are suspected of 'stealing' or breaching copyright, that Fish and Feather may contact you by email to confirm. The address that will contact you is IT@fishnfeatherpets.com.au

By entering this competition, you agree to and acknowledge that;

Entry is open to residents of Australia only;
Entry is only valid if all details on the Application Form are completed;
A limit of one prize per customer applies and is limited to one winner;
No responsibility accepted for lost, late or misdirected entries;
Prizes not redeemable for cash;
The winner will be notified by email within 24 Hours of completion of the competition expiry date;
Prizes not transferrable;
Time restrictions may apply on prizes;
Prize deciding methods are final and no correspondence will be entered into;
Prize Deciding is as follows; 100th entry will win the $500.00 voucher. The voucher is to the value of $500.00 (Five Hundred dollars) in legal Australian currency ($500.00AU) and can only be spent at Fish and Feather Kilsyth;
Fish and Feather reserves the right to change the "rules of the game" at any time;
Fish and Feather will not sell or give your entry details to a third party under any circumstances;
Fish and Feather may use your email address to forward you a copy of our promotional catalogue;
Fish and Feather may use your mobile telephone number to SMS you if you win or to notify you of any promotions (limited to four times per year);
Failing to enter the correct competition code will result in a 'no game' rule and will count as discqualification;
Competition closes on the 28th of November 2009 at 12:00 Midday Eastern Standard Time (Melbourne Time);
Competiton will be announced on that day and the winner will be notified by Email;
Where you believe you have a case of claim against Fish and Feather for any dispute and for any reason regarding this competition, you waive the right to that claim by entering this competition.
There are no more rules to this competition;

THANK YOU FOR SHOPPING ON THE Fish and Feather INTERNET SITE