Terms of service

 

 

Introduction

Welcome to the Bisous Pour Chien website. This website (https://www.bisouspets.com) is owned and operated by LTC Global Pty Ltd trading as Bisous Pour Chien (ABN 73 638 622 367) (“Bisous”, “we”, “us” or “our”).

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service and Terms and Conditions of Sale (“Terms of Service”, “Terms”, “Service”, “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The Terms of Service of this agreement apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

You must read these Terms carefully before your use of our website or services. Should you continue to use our website, you are agreeing to accept, comply and be legally bound by our Terms of Service which, together with our Privacy Policy and Cookies Policy, govern our relationship with you in connection to our website. Should you not agree with all of these terms and conditions, you may not access the website or use any services.

If you have any questions or concerns about our conditions or website, or any purchase you make through the website, please don’t hesitate to get in touch with us.

Use of our Website

By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence or older, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site and/or purchase our products.

The content of this website is for your general information and use only and is subject to change without notice.

You can only ever use our website for lawful purposes and in a manner consistent with the nature and purpose of the website, and in a way that doesn’t impact on anyone else’s use and enjoyment of the website. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to Australian and International copyright laws).

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Any unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

Mobile Terms of Service

Your use of our mobile message service ("Service") constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to the Bisous SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Bisous through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Advice and Information

We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

Online Orders and Payment

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue products (or any part or content thereof) without notice We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products.

Please note that when you submit an order through the website, no agreement is formed until we process and accept your order and send you a confirmation. We are under no obligation to ship any products ordered until payment for those products has been received in full. Any order placed by you is in effect an offer by you to purchase a product for the price (including the delivery and other charges) specified in this website. We may accept or reject your order for any reason, including, the unavailability of any product or an error in your order. If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider, which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our website for convenience only. We are not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our website, please contact them directly.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address, and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

To purchase goods via this website, you may create an online account or check-out as a guest. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You accept that you are responsible for maintaining the confidentiality of your account information and your account passwords, and for restricting access to your computer should it have saved passwords or account login information stored. By creating and using an account, you agree to accept responsibility for all activities that occur under your account or password.

Regardless of whether you create an account or check out as a guest, you warrant that all details you provide to us are accurate and correct, that the information you have provided to us is correct at the time of ordering and that you accept the responsibility that fulfillment of your order is predicated on the information that you have provided to us.

For more detail, please view our Returns Policy.

GST (Australian domestic Goods and Services Tax)

The nominated currency for all transactions is Australian Dollars (AUD$). All Australian domestic customers and deliveries sent to Australian delivery addresses will be subject to Australian GST.

The rate of Australian GST is 10%.

Promotional Codes

We may offer promotional discount codes which may apply to any or certain products made through the website. Promotional codes cannot be used in conjunction with other promotional codes, including automated discounts at the shopping cart and are non-transferable and not redeemable for cash under any circumstances. If you use a promotional code to purchase a product, in which you later exchange or return, and the price has returned to normal, you will only be refunded the amount that you paid. Any further conditions of using the promotional codes will be specified at the time. Promotional codes have a limit of one user per customer and can only be redeemed online during the dates specified. We reserve the right to revoke any discount offer or coupon code at any time without notice.

Shipping and Risk of Loss

All items purchased from Bisous are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Customers who elect to have goods delivered to an address whereby the goods may be accepted or signed for by a third party (i.e. workplace, hotel, office building), accept all responsibility for location and recovery of the goods once the carrier has reported delivery to that address.

For the full terms and conditions in respect to dispatch, shipping and delivery terms, please refer to our Shipping Policy on our website.

Refunds

Please refer to our Refunds Policy which can be found on our website for full information on our refunds procedure.

Intellectual Property

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.

Unless we say otherwise, all rights (including copyright) in the website are owned or controlled by us and are reserved by us. You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

The Bisous trademarks may not be used in connection with any product or service that is not part of our brand or business; or in any manner that is likely to cause confusion among customers; or in any manner that disparages, or discredits Bisous.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our service, website, products or any contact on the website through which the service is provided, without express written permission by us.

Submissions

We’ll sometimes ask our users to contribute content to our website or social media. Please note before you do so that any material you send to us, including any data, questions, comments, suggestions, ideas, designs, images, videos, audio, markers or other information (collectively ‘comments’) will be deemed to be non-confidential and non-proprietary. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

We maintain a blog on our website to keep you up to date with the latest in dog fashion and accessories, dog health and well-being, and dog training and ownership. As a website user, we may give you the opportunity to comment on our blog posts. Please note that we do not regularly screen and review blog comments. We reserve the right to remove comments that we consider may not align with our brand values. You are expressly prohibited from posting any comment or content that is defamatory, offensive or otherwise inappropriate. You warrant that all information that you submit to us via our website is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information.

We may also feature guest bloggers from time to time. We want you to know that we don’t necessarily endorse or support any views, opinions, standards or information expressed in guest blogs and/or the comments section of our blog.

If you find something offensive or inappropriate, please don’t hesitate to get in touch with us and we’ll review the material to see whether it should be removed.

Privacy

We take your privacy seriously. All information we collect through your use of the website and how we use and disclose it is set out in our Privacy Policy, which is available on our website.

Links from our website to other websites

We may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. We have no control over the nature, content and availability of those websites. For your own safety, please make sure you check the protocols and standards of the linked sites before using them.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Our use of Cookies

We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services. By continuing to use the website, you agree to our cookie policy. You can find out more information in our Privacy Policy, which is available on our website.

Security

Our website is security assured by Cloudflare. We use our best endeavours to ensure the website is free of malware, bugs, viruses, trojan horses, ransomware or other harmful code or communications which may be transmitted to or through the website, including links to other sites.

Disclaimer, Limitation of Liability and Indemnity

While care has been taken in presenting the content of our website, we do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error free. In making the content available, we are not endorsing or advocating the use of any product or procedure described in the content, nor are we responsible for any consequence of any typographical or factual error nor other inaccuracy in any content.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

By accessing our website, you agree to indemnify and hold harmless Bisous Pour Chien, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors from all liability for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Where states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. We provide no warranty or guarantee in respect to the effectiveness or use of our products to the maximum extent permitted by applicable law.

Changes to Terms

Any new features or tools which are added to the current website shall also be subject to the Terms of Service stated here. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Severance

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions and the rest of the terms will remain in force.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Jurisdiction

This agreement is governed by the laws of the State of Queensland, Australia. You irrevocably submit to the jurisdiction of the courts of that State.

Dispute Resolution and Claims

If you have any questions, a dispute arises out of these conditions, or if you are unhappy with your product for any reason, we ask that you contact us in the first instance, and we will do our best to resolve the issue. Please contact us at hello@bisouspets.com.