Terms and Conditions of Sale
These are the General Terms and Conditions of Sale for Catexplorer merchandise, cat backpacks and any other goods offered for sale (the goods) by Hasara Lay trading as Catexplorer (ABN 68 217 582 514) (“Catexplorer”, “we”, “us”) on our website, www.catexplorer.co (Site).
Please read these terms and conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions. If you have any questions or concerns about our terms and conditions, the goods or Site, or any purchase you make through the Site, please don’t hesitate to get in touch with us.
While we take every care to make sure our online store is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error or inclusions error).
Please note that when you submit an order through the Site, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or availability error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, or delaying your order).
Goods on this website are sold for personal and domestic purposes only and commercial use or resale is not permitted. If you’re interested in purchasing our products for resale, please contact us.
You agree to pay us the purchase price for the goods listed on the Site (subject of course to the proviso above, in the case of accidental errors and omissions).
We currently accept payments on the Site via PayPal only. In making a payment, you warrant to us that you’ve read and agreed to PayPal’s terms, which are available on their website (for PayPal click here). You understand that these services are provided by a third party and are made available to you on our Site for convenience only.
We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.
You acknowledge and agree that your payment in full in cleared funds is a condition of this Agreement, any breach of which will entitle us to terminate this Agreement immediately. 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 or debt collection costs. We will withhold delivery of goods unless or until we receive your payment in full.
We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Site or otherwise notifying you.
If you fail to pay us for an order, or if an insolvency event occurs in relation to you (for example, if you commit an act of bankruptcy or become insolvent), we may terminate this Agreement.
Prices are listed in US dollars (USD). You should consider the exchange rate with your local currency prior to purchasing.
The Convention on the International Sale of Goods does not apply to sales of goods through this Site.
Customs and Import Fees
Items purchased from our online store are delivered from the United States or Latvia.
Please note that products posted internationally may be subject to taxes (such as customs, excise duty and/or import fees either at the point of delivery or after delivery), which you will need to pay. These fees are not included in the purchase price of your goods from Catexplorer.
Different fees and charges may apply, based on the policy of the destination country and calculated according to the total value of the purchased goods. We don’t control customs or duties payable, so we ask that you take care to find out in advance what customs or duties you will be liable for before making a purchase.
We can’t advise you whether duties will apply to your order or the amount of such duties - your local customs office will be the best source of information to help you understand the payments and process.
Retention of Title
Title in the goods supplied under this Agreement passes to you immediately on receipt by us of your payment in full. Until such time, Catexplorer will retain legal title to the goods and will be entitled to repossess the goods in the event of non-payment. You will provide us or our representatives with access to your premises to the extent reasonably necessary for us to perform our obligations under this Agreement or to retake possession of goods pursuant to our rights under this Agreement.
All timeframes listed on our Site are an estimation. We will always do everything in our power to keep to them, however certain things outside of our control can extend these timeframes such as peak times, or periods where we have sales or promotions.
We do our best to get your purchases to you as soon as possible. Our usual turnaround time to dispatch is 2 to 7 days, however this can be longer during busy periods.
Timeframes are calculated from the date that payment is received, unless that occurs on a Saturday, Sunday, public holiday or any other day on which banks in Sydney, New South Wales are closed, in which case it will be calculated from the next business day.
Please note that these timeframes are estimates only. If you need your order by a certain time, please get in touch with us and we’ll do our very best to get it to you. In saying that, you acknowledge that we will not be liable for any delay in dispatch of your order.
It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.
You agree to pay to us postage fees as calculated at checkout. As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs, or modifying your order).
Limitation of Liability for Goods Lost or Damaged in Transit
In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the third-party postal service, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
You agree to pay to us postage fees as calculated at checkout.
Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Site.
Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider.
Risk in each order passes to you on delivery to your nominated address. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.
Once we have received confirmation of delivery from our delivery service provider, we will not be responsible for any refund or replacement in respect of that order (unless the goods fail to meet another consumer guarantee to which you are entitled by law, as set out below).
If you’re concerned that your goods have been lost or misdelivered, we ask that you contact us within 14 days of the estimated delivery date with proof of purchase, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the third party postal service, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
If we accept a return of any goods for any reason, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.
Paying with Vouchers
We may from time to time provide customers with vouchers for use on our Website. Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.
Vouchers are redeemable for products sold by us on our Website only and can’t be applied toward the cost of postage on any order.
Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless:
· you are located outside New South Wales, Australia;
· we gave the voucher to you for free;
· we gave the voucher to you in exchange for goods returned tous;
· we gave the voucher to you as part of a customer loyalty or employee rewards program;
· we gave the voucher to you as part of a temporary marketing promotion as a bonus to the purchase of a good or service;
· we sold the voucher to you for a particular good or service that is below the market value of the good or service (a genuine discount);
· we gave the voucher to you as part of a fundraising appeal, including to a charity or not for profit organisation; or
· the voucher is for a good or service available for a limited time and the voucher expires at the end of that period (for example, a product that is only available for a limited time),
in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on the voucher and will expire after that date.
Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).
Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made.
We reserve the right to revoke any discount offer at any time without notice.
We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.
Store credit is redeemable by you at any time. Please contact us if you have any questions about redeeming your store credit.
Events Beyond Control
As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to deliver the goods to you, you release us from any obligation to fulfil your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
Advice and Information
We may give you advice, recommendations, information or assistance in relation to the goods, 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 for professional advice. Unless required by law, 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 any such information or advice.
Refund Policy and Procedure
If you aren’t happy with your Catexplorer purchase, we aren’t happy either.
To process a return, contact Catexplorer within 14 days of delivery. If 14 days have passed, regrettably, we cannot provide you with a refund, unless otherwise required by law.
Returns Due to Damaged Product
If you find that your purchase is defective, damaged or misprinted, please contact us with photos of your item and proof of purchase within 14 days of delivery.
Your case will be assessed and if appropriate, an exchange organised.
Please note, in order to process this exchange, you will need to return the item to us with proof of purchase. Postage costs associated with a return of a genuinely defective, damaged or misprinted product will be at our cost.
If you find that you accidentally picked the wrong sized item, contact us within 14 days of delivery. Please note, in order to process the return of an incorrectly sized item, shipping to our Australian warehouse will be at your cost. A 25% restocking fee will also be deducted from your refund. Postage costs associated with your return and exchange will be at your cost.
Australian Consumer Law
Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). The ACL may not apply if you reside outside of Australia.
Whether the ACL applies or not, nothing in these terms excludes any right, guarantee or warranty you’re entitled to at law. However, we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
If the ACL applies, wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under s64A of the ACL to replacement of the goods or refund of the purchase price or such other remedy that we see fit.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
Disclaimer and Limitation of Liability
To the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms and conditions.
Please note that 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 to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the goods, Site or these terms and conditions (including as a result of not being able to use or access the Site), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
We provide the goods to you, however you use the goods at your own risk. The goods are provided "as is" and "as available" – we don’t make any representations or warranties of any kind.
If for any reason you are not a consumer of goods for the purposes of the Australian Consumer Law, we exclude all liability to you, however arising, including by negligence.
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement – including the trade mark CATEXPLORER and any other registered and unregistered trade marks - will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.
We may, in our absolute discretion, offer to grant you a licence of our intellectual property, or part thereof, which will be subject to further conditions. The grant of that licence is by separate and further agreement and not included in this Agreement. We make no representations that such offer will be made to you at the time of purchase.
Independent Legal Advice
You can seek independent legal advice on these terms and contact us to negotiate changes or amendments to these conditions before proceeding with your order. If you don’t do so, we’ll take it that you’ve read, understood and agreed to be bound by these conditions, and that you consider the conditions fair and reasonable and not against public policy.
We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Site. The changes will take effect immediately on publication.
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.
If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.
The party must inform the other party in writing of the following:
· the nature of the dispute;
· the outcome they desire to resolve the dispute, and
· the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days.
If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of New South Wales appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Sydney, New South Wales.
The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.
This clause survives termination of this Agreement.
The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of your rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of our rights under this Agreement on giving you notice in writing.
The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.
A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.
We may terminate this Agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.
As we’re based in New South Wales, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of New South Wales.