Want paw-some pet content & 15% off your next order? HECK YES.

Want paw-some pet content & 15% off your next order? HECK YES.

Terms & Conditions

Terms & Conditions

Online purchases - Terms and Conditions 

These Terms set out the basis on which you can purchase PetCulture’s Goods online.  By clicking the ‘I accept’ button or otherwise submitting an Order, you agree that you have read, understood and will be bound by these Terms.

1. Definitions

In these Terms, the words below have the following meanings:

Agreement means each Offer which is accepted by PetCulture under clause 3.2, and comprises these Terms and the Order.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.

Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.

Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.

Delivery Fee means the delivery fee, if any, notified by PetCulture to you from time to time.  The Delivery Fee may vary depending on the delivery location and delivery terms and may not be refundable.

EDR Program means the Everyday Rewards Program offered by Woolworths, the details of which can be found at the Everyday Rewards website https://www.woolworthsrewards.com.au

Force Majeure Event means an event that is beyond the reasonable control of PetCulture which prevents PetCulture from fulfilling any of its obligations under an Agreement, including Australia-wide or global pandemic (or related government regulation or action), strike, lockout, fire, flood, inability to source materials, parts or labour.

Goods means the goods to be supplied to you under an Agreement, including pet products and any other products the subject of an Order that is accepted by PetCulture, which for the avoidance of doubt does not include any insurance products which may be purchased on or through our Website or otherwise.

Intellectual Property Rights means any and all intellectual property rights anywhere in the world including but not limited to the rights comprised in any patent, copyright, design, trade mark or similar right whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those or like rights and right to protect trade secrets and know how, throughout the world for the full period of the rights and renewals and extensions.

Membership Program means a subscription based rewards program offered by PetCulture to customers who sign up as members, the details of which can be found on our Website at petculture.com.au/memberships-rewards

Offer has the meaning provided to it in clause 3.1.

Order means any order you submit to PetCulture through the Website to supply any Goods to you.

PetCulture means Pet Culture Group Pty Limited ACN 644 613 098. 

PDH Goods means goods which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.

Purchase Price has the meaning provided to it in clause 4.1.

Tax or Taxes means any tax, levy, duty, charge, impost, fee, deduction or withholding (including withholding tax, excise and import duties, consumption tax, value added tax or any other taxes, levies or charges) which is assessed, levied, imposed or collected by any government agency, and includes any interest, fine, penalty, charge, fee or any other amount imposed on or in respect of any of those amounts.

Terms means these terms and conditions.

Website means the PetCulture website accessible at www.petculture.com.au or any other website through which Goods are made available from time to time. 

2. Application 

  1. (these Terms): These Terms apply to and govern the supply of Goods to you under any Order placed by you using the Website
  2. (Use of this Website): Your use of the Website must also comply with PetCulture’s website terms of use which are set out below (see Part B - Website Terms of Use)
  3. Membership Rewards Program: We encourage you to subscribe to one of our Membership Rewards Programs. The details of, and terms and conditions applying to, each Membership Rewards Program are set out on our Website at petculture.com.au/memberships-rewards 

    In the event of any inconsistency between the terms and conditions of a Membership Rewards Program that you have subscribed for and these Terms, [the terms and conditions of the relevant Membership Rewards Program will prevail].
  4. Woolworths, not PetCulture, offers the EDR Program.  If you participate as a member in the EDR Program, your participation (including the rights and obligations associated with participation) is governed by separate terms and conditions between Woolworths and you.  You can view the terms and conditions of the EDR Program here: https://www.woolworthsrewards.com.au/terms.html

3. Formation of Agreement

  1.  By submitting an Order, you make an irrevocable offer for PetCulture to supply you with the Goods on the terms of:
    • these Terms; and
    • the Order

Offer

  1. An Agreement will be formed when PetCulture accepts your Offer, which it will be taken to have done on the earlier of PetCulture:
    • notifying you in writing that it accepts your Offer;
    • accepting, in full or part, payment from you for any Goods the subject of the Offer; or
    • making delivery of the Goods the subject of the Offer to you.
  2. You represent and warrant to PetCulture that all details provided to PetCulture when completing the Order are true and accurate. 
  3. PetCulture is not bound to accept any Offer and may decide not to accept any Offer for any reason and in the sole discretion of PetCulture including, without limitation, due to concerns that you are or may be purchasing Goods for resale or a retail purpose. 

4. Price and payment

    1. Unless otherwise agreed between PetCulture and you in writing, the price you must pay for the Goods under each Agreement will be:
      • the applicable price for the Goods the subject of your Order set out on the Website from time to time; plus
      • the Delivery Fee (if any)

Purchase Price.

    1. Subject to clause 10, unless otherwise expressly specified by PetCulture or in these Terms, all prices stated are stated exclusive of Taxes and you are solely responsible for the payment of all Taxes levied or payable in respect of the Goods.
    2. PetCulture requires payment of the Purchase Price in full at the time an Order is placed by electronic funds transfer or by any other electronic payment means accepted by PetCulture from time to time. 
    3. You acknowledge and agree that:
      • you must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means or for a resale or retail purpose;
      • all pricing displayed on the Website may differ depending on the postcode you have selected (for example, the price for a Good in Sydney may differ to the price for that same Good in Melbourne); 
      • prices for Goods change from time to time and PetCulture does not provide any notice of these changes. Subject to these Terms, once PetCulture has accepted your Order, PetCulture will not change any prices that apply to the Goods in that Order.

5. Delivery of Goods

    1. PetCulture will deliver the Goods to you in the manner:
      1. determined by PetCulture; or
      2. as otherwise agreed between PetCulture and you (which may include collection by you).
    2. PetCulture will endeavour, but is not obliged, to deliver Goods or make the Goods available for collection between the hours of 9.00 am and 5.00 pm Monday to Friday at the place of delivery (excluding on any public holiday at the place of delivery).
    3. PetCulture may, from time to time, be unable to deliver to certain areas or regions and you will be made aware of this   upon providing your delivery details as part of placing an Order.  If we are unable to deliver to your delivery address, we will not process your Order 
    4. You authorise PetCulture and its agents to enter the delivery address specified in your Order in order for PetCulture or its agent to deliver the Goods to you. 
    5. PetCulture is not obliged to accept delivery instructions which require it or its agent to deliver the Goods beyond the front door or other entry point of your premises.  To the extent that you request and PetCulture agrees to deliver in this manner, you indemnify PetCulture and its directors, employees, contractors or agents against any loss suffered or otherwise incurred from the delivery of the Goods beyond the front door or other entry point of your premises.
    6. You must, prior to taking possession of the Goods, inspect the Goods and immediately notify PetCulture in writing if the Goods are not fit for any purpose, are past their expiry date, are less than the number meant to be delivered under the Agreement or have any defect.
    7. Without limiting any rights you may have under the Australian Consumer Law or clause 6, if you return or decline to accept any delivery of the Goods (including failure to collect the Goods), PetCulture will be entitled to:
      1. payment for those Goods;
      2. treat the obligation to supply the remainder of the Goods (if any) as cancelled by you.
    8. PetCulture will use its reasonable endeavours to deliver the Goods on any date specified or estimated by PetCulture, however you acknowledge that:
      1. these dates are estimates only; and
      2. if PetCulture does not currently stock a particular Good, then there may be a delay in the supply of that Good until PetCulture has restocked that Good.
    9. Without limiting clause 5.8, PetCulture may deliver or provide a portion of the Goods and may invoice or otherwise charge you for that portion.  You may not refuse to accept delivery of the Goods or to pay for the Goods because only a portion of the quantity ordered was delivered or provided and you agree that PetCulture will not be liable for any loss that you suffer as a result of any delay or cancellation.
    10. PetCulture or its agent may rely on any person who is at the delivery address specified in an Order and who takes receipt of Goods, as being authorised by you to do so and you warrant that the person receiving the Goods at the deliver address or collecting the Goods on your behalf is authorised by you to do so. 
    11. PetCulture reserves the right not to deliver Goods where it determines in its absolute discretion (or in the discretion of its agents) that it is not appropriate to do so, including without limitation where:
      1. there is no one at the delivery address specified in the Order to receive the Order;
      2. we cannot access the deliver address;
      3. we are unable to determine a suitable spot to deliver your Order (for unattended deliveries); or
      4. the delivery instructions are unclear or unsuitable.
    12. You acknowledge and agree that:
      1. PetCulture may, but will not be required to, provide proof of delivery or other similar documentation (whether at the time of delivery or after);
      2. you will not request proof of delivery or other similar documentation from PetCulture.
  1. Return of Goods
    1. If a Good is not of acceptable quality, faulty, defective or damaged, you may have rights under the Australian Consumer Law which are not affected by this clause 6.
      The PetCulture Returns Policy applies to all purchases of Goods using the Website and forms part of these Terms.
    2. A copy of the PetCulture Returns Policy is available here.
    3. The PetCulture Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 8 below.
  2. Title and risk of Goods
    1. Title to, and property in, any Goods supplied under an Agreement remain with PetCulture and will only pass to you once all moneys owing by you to PetCulture in respect of the Agreement have been paid in full.
    2. Risk in the Goods passes to you on delivery to the delivery address specified in your Order (including where such delivery is to an unattended location).
    3. If you are required to return any Goods to PetCulture, risk in the Goods passes to PetCulture on confirmation of receipt of the Goods by PetCulture.
    4. The Goods are sold to you for personal use and consumption and must not be resold or on-supplied to any person for a resale or retail purpose.
  3. Liability
    1. You may have certain rights under the Australian Consumer Law in respect of the Consumer Guarantees as they apply to the PDH Goods supplied by PetCulture and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of those rights.
    2. If Goods supplied by PetCulture are faulty, damaged, incorrectly described, have passed their used by date or breach a Consumer Guarantee, PetCulture will provide you with either a refund or replacement goods upon presentation by you of proof of purchase.
    3. If you make a claim against PetCulture which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee and to the extent permitted by law, PetCulture’s liability to you (whether in contract, tort including negligence or otherwise) is limited to an amount equal to the lower of:
      1. the cost of replacing the Goods; or
      2. the cost of obtaining equivalent Goods.
  4. Notification of claims
    You agree to notify PetCulture immediately if you become aware of: 
      1. any claim; or
      2. any death, injury or illness, in respect of, or caused by, the Goods.
  5. GST
    1. In this clause, words and expressions which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended, varied or replaced from time to time) have the same meaning given to them by that Act.
    2. Unless otherwise expressly stated in writing in an Agreement, all amounts payable by you in connection with an Agreement do not include an amount for GST.  If GST is payable on any supply made by PetCulture under these Terms, you must pay to PetCulture, in addition to and at the same time as the payment for the supply, an amount equal to the amount of GST on the supply.

6. Privacy

PetCulture collects personal information from you, for example, when Orders are placed. PetCulture’s Privacy Policy explains how personal information is collected, used and disclosed, how it can be accessed and how complaints are handled.

  1. Force Majeure
    1. PetCulture will not be liable for any failure to perform or delay in performing its obligations under an Agreement if that failure or delay is due to a Force Majeure Event.
    2. If a Force Majeure Event under clause 12.1 exceeds 5 days, PetCulture may immediately terminate the Agreement by written notice to you.
  2. Termination
    1. Without limiting PetCulture’s other rights under these Terms, and to the extent permitted by law, PetCulture may terminate any Agreement with you with immediate effect by written notice to you:
      1. if you have breached any term of the relevant Agreement (including these Terms) and, if the breach is capable of remedy, you have not remedied the breach within 24 hours of notice requiring the breach to be remedied; or
      2. in accordance with clause 12.2.
    2. Each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.
  3. Cancellation
    1. Without limiting clause 13, PetCulture may cancel or suspend any Agreement at any time without any liability to you by giving you written notice of cancellation or suspension where  
      1. PetCulture believes (for any reason) that it will be unable to supply the relevant Goods to you;
      2. there is an error in the price of the product description posted on the website in relation to the relevant Good in the Order; or
      3. the Order has been place in breach of these Terms.
    2. If PetCulture cancels an Agreement under this clause 14.1 it will provide you with reasonable notice of that cancellation and will refund to you any amounts already paid by you for the Goods subject to the cancellation and which are not provided to you.  The refund of any amounts will be your sole remedy against PetCulture in respect of any cancellation under this clause 14.1.
    3. Neither an Agreement nor any Offer that has been submitted can be cancelled by you except with the prior written consent of PetCulture. 
  4. Acknowledgements and representations
    1. By making an Offer, you warrant and represent to PetCulture that you have read and understood these Terms prior to making the Offer, and agree to be bound by them in full.
    2. You acknowledge and agree that any price list, goods lists or other similar documents or catalogues issued by or on behalf of PetCulture do not constitute an offer by PetCulture to supply Goods appearing in those lists or catalogues or an offer by PetCulture to supply Goods at the prices set out in those lists or catalogues.  PetCulture’s price lists and catalogues may be changed by PetCulture at any time without notice.
  5. Intellectual Property
    1. You acknowledge and agree that PetCulture or its related entities own or are licensed to use the Intellectual Property Rights relating to the Goods and the Website and you must not make any representation to the contrary or otherwise use the Intellectual Property Rights in a manner inconsistent with the rights of the owner or licensee of the Intellectual Property Rights.
  6. You must not modify, adapt, vary, reverse engineer, disassemble or copy all or any part of any Good without the prior written consent of PetCulture.

7. Miscellaneous

    1. In these Terms:
      1. the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’ or ‘such as’ or similar expressions;
      2. a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and permitted assigns; 
      3. headings are inserted for convenience and do not affect the interpretation of these Terms;
      4. no provision will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms; and
      5. unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.
    2. PetCulture may, to the extent permitted by law, vary these Terms from time to time with the variation becoming effective as soon as the Terms are posted on the Website (Variation Date).  Any variation to these Terms will only apply to any Offer made after the Variation Date. Nothing in these Terms requires you to make any further Offers after the Variation Date.
    3. A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver and any right may be exercised in the future.  Waiver of any rights under these Terms must be in writing and is only effective to the extent set out in that written waiver.
    4. If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
    5. The termination or expiry of these Terms or any Agreement does not operate to terminate any rights or obligations under an Agreement that by their nature are intended to survive termination or expiration, and those rights or obligations remain in full force and binding on the party concerned including without limitation the rights and obligations under clauses 6, 7, 8, 9, 10, 13 and 16.
    6. These Terms are governed by the laws in force in New South Wales, and you and PetCulture submit to the non-exclusive jurisdiction of the courts of New South Wales.