About the Website
Welcome to www.lapdognation.com.au; www.lapdognation.co.nz and www.lapdogntion.com the “Website”). The Website provides you with an opportunity to browse and purchase various dog apparel, including but not limited to clothing; toys; bedding; treats; carriers; grooming products; collars/leashes; books; and dog necklaces (the “Products”). The Website provides this service by way of granting you access to the content on the Website for the purposes of purchasing the Products (the “Purchase Services”).
The Website is operated by Lapdog Nation Pty Ltd (ACN 608 413 001) (“LapDog Nation”). Access to and use of the Website, or any of its associated products or Purchase Services, is provided by LapDog Nation. Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Purchase Services, immediately.
LapDog Nation reserves the right to review and change any of the Terms by updating this page at its sole discretion. When LapDog Nation updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by LapDog Nation in the user interface.
Use of the Purchase Services
You may access the Purchase Services without registering as a user of the Website. However, as part of your continued use of the Purchase Services, you may be asked to provide personal information about yourself (such as identification or contact details), including:
(a) your first and last name
(b) an email address;
(c) a mailing address; and
(d) a telephone number.
You warrant that any information you give to LapDog Nation in the course of completing the registration process will always be accurate, correct and up to date.
Purchase of the Products and Return Policy
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the “Purchase Price”).
Payment of the Purchase Price may be made through one of the following third party providers:
(a) Electronic funds transfer (“EFT”) into our nominated bank account; or
(b) Credit Card Payment (“Credit Card”); or
(c) PayPal Australia Pty Limited (ABN 93 111 195 389) (“PayPal”); or
(the “Payment Gateway Providers”)
Following payment of the Purchase Price being confirmed by LapDog Nation, you will be issued with a receipt to confirm that the payment has been received and LapDog Nation may record your purchase details for future use.
LapDog Nation may, at their sole discretion, provide a replacement Product upon the return of the defective Product to LapDog Nation within fourteen (14) days of you receiving the defective Product. The defective Product must remain in its original packaging and remain in a saleable condition.
You acknowledge and agree that:
(a) you have purchased the correct Product and are not returning the Product due to a misapprehension of the colour or length of the Product;
(b) you are liable for any postage and shipping costs associated with any refund pursuant to clause 4.4;
(c) for hygiene purposes, LapDog Nation will not refund any Products that have been worn or used prior to the delivery of the Product to LapDog Nation;
(d) you will not be reimbursed or provided with a replacement Product where you have failed to return the Product to LapDog Nation or contact LapDog Nation within fourteen (14) days of you having received the Product.
If LapDog Nation in its sole discretion identifies the Product is defective, LapDog Nation will refund your costs for the delivery of the Product to LapDog Nation and provide you with a replacement Product within a reasonable period of time.
LapDog Nation’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the “Warranty”).
You may make a claim under this clause (the “Warranty Claim”) for material defects and workmanship in the Products within a fourteen (14) day period from the date of purchase (the “Warranty Period”).
In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to LapDog Nation showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to LapDog Nation at PO Box 598, Golden Beach Queensland 4551 or by email at [email protected].
Where the Warranty Claim is accepted then LapDog Nation will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
The Warranty shall be the sole and exclusive warranty granted by LapDog Nation and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
You acknowledge that the Purchase Services offered by LapDog Nation integrate delivery (the “Delivery Services”) through the use of third party delivery companies (the “Delivery Service Providers”).
LapDog Nation will use its best endeavours to ship the Product you have purchased within 24 hours of LapDog Nation receiving your payment. However, LapDog Nation reserves the right to provide you with a notice that your Product may be shipped at a future date due to low stock or any other reason that prohibit LapDog Nation from dispatching the Product within five (5) business days of your payment being received by LapDog Nation.
In providing the Purchase Services, LapDog Nation may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that LapDog Nation is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to same.
In the event that an item is lost or damaged in the course of the Delivery Services, LapDog Nation asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to [email protected] outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of LapDog Nation are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the “Content”) are owned or controlled for these purposes, and are reserved by LapDog Nation or its contributors.
LapDog Nation retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of LapDog Nation; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of LapDog Nation and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
You acknowledge that LapDog Nation does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
LapDog Nation will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) LapDog Nation we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of LapDog Nation (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of LapDog Nation, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of LapDog Nation (including any third party where the Delivery Purchase Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of LapDog Nation) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
LapDog Nation recommends that you ensure due care is taken when using the products and will not be responsible or liable in any manner in the event that the products are misused.
Limitation of liability
LapDog Nation’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of LapDog Nation is the resupply of information or Purchase Services to you.
You expressly understand and agree that LapDog Nation, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
LapDog Nation is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of LapDog Nation, by third parties or by any of the Purchase Services offered by LapDog Nation
You acknowledge that LapDog Nation does not provide the Delivery Services to you and you agree that LapDog Nation will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Termination of Contract
The Terms will continue to apply until terminated by either you or by LapDog Nation as set out below.
If you want to terminate the Terms, you may do so by:
(a) notifying LapDog Nation at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where LapDog Nation has made this option available to you.
Your notice should be sent, in writing, to LapDog Nation via the ‘Contact Us’ link on our homepage.
LapDog Nation may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) LapDog Nation is required to do so by law;
(c) the partner with whom LapDog Nation offered the Purchase Services to you has terminated its relationship with LapDog Nation or ceased to offer the Purchase Services to you;
(d) LapDog Nation is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by LapDog Nation is, in the opinion of LapDog Nation , no longer commercially viable.
Subject to local applicable laws, LapDog Nation reserves the right to discontinue your access to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts LapDog Nation name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and LapDog Nation have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify LapDog Nation, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Queensland or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Brisbane, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Arbitration and Legal Proceedings
In the event that the Dispute is not resolved at the conclusion of the mediation, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Brisbane, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause 19 may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
Venue and Jurisdiction
The Purchase Services offered by LapDog Nation is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.