Terms & Conditions
Online Shopping Terms and Conditions
These terms apply to the ordering, purchase and delivery of Goods from the Website, In-Store and through our Customer Service Centre, and form a contract between you (Customer) and Smart Puppy Pty Ltd ABN 41 644 651 810 of 10 Kallis Dr, Glenroy VIC (Smart Puppy) (Terms).
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability. Compliance with Terms
You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Smart Puppy for the supply of Goods.
Availability of goods
From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Smart Puppy will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under 'Order cancellations and returns' clause.
Smart Puppy reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an Image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 3, and Smart Puppy will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under our Returns Policy.
If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us under 'Order cancellations and returns' clause.
You acknowledge and agree that:
all pictures and images of Goods displayed are for illustrative purposes only;
any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order
there is appropriate and safe access to your Delivery Address for delivery of the Good.
While we have tried to accurately display the colours and tones of our products on our website, the actual colours you see will depend on your screen and may not be accurate.
Some products are made by hand from natural materials so some inequalities of materials and colours are possible and are not to be deemed as defects. We reserve the right to change details on products or photos of products without prior notice.
Order cancellations and returns
Unless provided for under these Terms or as otherwise agreed by Smart Puppy, all Orders are final and no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will however, be able to return Goods under the Returns Policy.
Refund payment channel will be chosen at discretion of Smart Puppy and may include PayPal, Direct Credit to a bank account or other means.
If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
When exchanging goods, any shipping costs for the exchanged item must be covered by a separate PayPal payment. It is the responsibility of the exchanger to ensure such a payment can be made.
A discretionary Restocking Fee of 25% of the total order may apply to refunds.
If a material error has been made by Smart Puppy in the fulfilment of your order including where an incorrect size or product has been sent, a full refund will be applied including cost of shipping back to us once the order is returned.
Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
Smart Puppy will process any refunds within a reasonable time of agreeing to do so.
Refund payment channel will be chosen at discretion of Smart Puppy. Smart Puppy reserve the right to issue refunds on the same payment channel that the original payment was made. In event of the original payment being made:
using a credit card, refunds may be processed on the same card as the original payment was made.
using PayPal, refunds may be processed back to the account through PayPal
For In-Store Orders, where you paid in cash or by EFTPOS, you can obtain a refund by contacting Smart Puppy.
Promotions and discounts
You may receive online offers and promotions as part of our communication with you or with your Order or emailed to you. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
Certain offers, are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits may apply.
All references to times in promotions are based on the local time in Melbourne, Australia unless stated otherwise.
All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).
The prices indicated may be changed at any time without advance notice. However, the products shall be charged at the rate in force when the customer’s order was validated.
Where the customer pays by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order. The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, Smart Puppy reserves the right to cancel the sale according. Smart Puppy is under no obligation to ship any goods ordered until payment for those goods has been received. In the case of payment by cheque, this would mean the clearing of funds represented by the cheque.
Limitation of Liability
To the full extent permitted by law, Smart Puppy makes no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied by Smart Puppy.
Where legislation implies into this agreement any condition or warranty that cannot be restricted or modified, Smart Puppy’s liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at the option of Smart Puppy, one or more of the following: (a) replacement of the products, the repair of the products, or the supply of equivalent products; (b) repayment of any part of the price of the products supplied; or (c) payment of the costs of replacing or repairing the products, or acquiring equivalent products.
This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.
Breach and Termination
If, in our reasonable opinion, you breach any provision of the Agreement Smart Puppy may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate the Agreement (and your rights to use the site) at any time and for any reason without prior notice to you.
Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia including, for the avoidance of doubt, the Federal Court of Australia sitting in Victoria, Australia.
All Smart Puppy shipping is described in our Shipping Policy.
We are unable to deliver to PO Boxes. Please enter a residential or commercial address when you place your order.
Orders ship from Victoria, Australia.
Returns and Exchanges Policy
All Smart Puppy returns & exchanges are described in our Returns Policy.
We also offer refunds, but only if requested within 14 days of receiving your order.