Petail isn't just a pet store. We are pet people, pet lovers and pet parents. We are just like you. When you shop with us, either online or in store, you can feel confident knowing that we wouldn’t sell anything that we wouldn’t give to our own pets. We provide products and services to you when you use Petail application for mobile, or use software provided by Petail in connection with any of the foregoing (collectively "Petail Services"). The Petail Services include the information, content, materials, products, and software included on or otherwise made available to you through the Petail Services and references to the Petail Services in these Conditions of Use & Sale include any or all of these. Petail provides the Petail Services and sells our products to you subject to the conditions set out on this page. 

Here you'll find our terms and conditions that apply to you when using the website or application for mobile.

1. User Agreement
2. Registration and User Requirements
3. Access and use of the Website
4. Information on this Website
5. Disclaimer and Liability
6. Indemnity
7. Placing Orders
8. Price and Payment
9. Shipping and Delivery
10. Packaging and Labelling
11. Change of Mind Returns
12. Problems with your goods – contacting us
13. Defective Goods
14. Warranty Terms and Conditions
15. Social Media and Content
16. Intellectual Property
17. Transfer and Assignment
18. General
19. Privacy and Personal information

1. User Agreement

• By using the petail.com.au and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Notice. This Agreement is between you and Petail Brisbane (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

2. Registration and User Requirements

• You must be a registered member to make orders and access some features of the Website. You will provide us with personal information including your name, address, and a valid phone number. You must ensure this information is accurate and current.
• By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the phone number you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
• To register an account and use the Website you must be at least 18 years old, have a current Australian residential address, a valid phone number and have capacity to enter into a legally binding agreement with us.

3. Access and use of the Website

• You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
• You must not (or attempt to):
• interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
• use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
• interfere (or attempt to interfere) with security-related or other features of our site; or
• use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
• We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your transfer code secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
• You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your transfer code is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including resetting your transfer code).
• We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

4. Information on this Website

• Information about goods on the Website is based on material provided by suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
• You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
• Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, beds and cat scratchers) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.

5. Disclaimer and Liability

• To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
• errors, mistakes or inaccuracies on the Website or our social media pages;
• you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
• personal injury or property damage of any nature resulting from your access to or use of the Website;
• any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
• any interruption or cessation of transmission to or from the Website;
• any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
• the quality of any product or service of any linked sites.
• We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising.
• Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
• Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

6. Indemnity

• You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

7. Placing Orders

• You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
• The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
• Orders placed by you are offers to purchase either:
• goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
• Goods sold by Petail are not reserved in-cart, and an order is only finalised when you have completed checkout process and received an order confirmation from us and payment is received in full.
• We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
• Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will refunded in full.
• You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement. Please note that change of mind returns are given at our absolute discretion. We will not change or replace your order where you have made an error.
• In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
• We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.

8. Price and Payment

• The prices of goods, delivery and other charges shown are in Australian dollars.
• All payments must be received in full prior to dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
• A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.

9. Shipping and Delivery

• Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be shown on the mobile application.
• We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express post).
• Standard and express post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be made available to you at checkout.
• Express post is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
• A signature is required to receive all deliveries unless ATL has been provided. (see below) and you are responsible for ensuring you are able to accept delivery.
• (a) We will not be held liable for late delivery where attempted delivery has occurred on or before the delivery time-frames;
• (b) A parcel has been signed for delivery has occurred (regardless of whether or not you have personally accepted delivery).
• Home Delivery service not applicable to P.O.Boxes or Parcel Lockers.
• Free shipping calculations are based on the total amount payable for your order (excluding shipping costs) .
• Flat rate, capped, same day delivery, or free shipping promotions exclude certain bulky items including, but not limited to; kennels, coops, hutches, carriers and large pet beds. Excluded products will be highlighted in your shopping cart and on product pages.
• Deliveries (free or otherwise) will be shipped via a carrier of our choosing, currently either Fastway or Couriers Please Couriers, and can only be extended to areas reachable through these carriers which may exclude extremely remote locations. If you are unsure about your location you may contact us prior to ordering. We reserve the right to cancel orders that cannot be delivered at reasonable cost.
• Home delivery will be shipped via our own trucks and own driver. The driver will attempt to deliver your order for ONCE. If you fail to received your order (your are not home for the agreeing time, didn’t open the door for driver, wrong address typed in, driver could not reach you), you will be CHARGED $10.00 for second attempt of delivery.
• Please ensure suitable provisions are in place to handle your delivery when it arrives. Our freight costs do not cover instances whereby the driver cannot complete delivery due to unforeseen problems preventing delivery.
• For Home Delivery, please check the quantity and conditions of your item as soon as our driver deliver the parcel to you. If you find out any fragile item was damage, wrong product delivered and wrong quantity delivered, please confirm with the driver. We will not provide refund and exchange for damaged of fragile item or wrong product shipped without your confirmation with the driver (ONLY for Home Delivery).
• For delivery via carriers, please check the quantity and conditions of your item within 24 hours after you received your order. If you find out any fragile item was damage, wrong product delivered and wrong quantity delivered, please confirm with our customer service team member via email  petail.petshop@gmail.com with 24 hours. We will not provide refund and exchange for damaged of fragile item or wrong product shipped after 24 hours the date that the product is delivered to your nominated delivery address (ONLY for delivery via carriers.) We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.

10. Packaging and Labelling

• We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
• We recommend that you read the labels and instructions and descriptions on foods or other consumables prior to consumption or use.
• Because some goods are imported or originate from outside of Australia, their packaging, ingredients, composition and quality may vary from the same or similar product available in Australia and made directly for the Australian market.

11. Change of Mind Returns

• You are free to return this item for any reason (including change of mind) within 7 days of delivery, however, please note that this item can be returned for either:

  (i) The return delivery charges will be applied to you if the item is not faulty.

  (ii) A refund of 100% of the item's purchase price (excluding delivery charges) will be issued once the returned goods are checked by the warehouse.

  Please choose carefully. Returning bulky items is a tenuous affair for customers and retailers alike.

  Please familiarize yourself with the following conditions as they are central to our service and strictly observed:

  • You must notify us of your intention to return an item within Seven (7) days after you received the item.
  • The item must be completely re-packaged to its original wrapped & packaged state, ready for re-sale;
  • If you discard, destroy, or are unable to re-use the original packaging due to misadventure suffered by it whilst, in your care, you must replace the packaging with the same or similar materials. Items returned that have been damaged in transit due to incorrect re-packaging will not be refunded. It is your responsibility to ensure that returned items are packaged in the exact same way as they were originally sent;
  • All returned items are inspected to ensure the above (please allow 5 days);
  • Upon successful inspection pass, you will be refunded 100% of the purchase price within 5 working days.
  • For further information, read our TERMS & CONDITIONS in full.

14. Warranty Terms and Conditions

When you purchase from us, above all else, we value you, our customer, and want to make your experience with our website the best online shopping experience possible. If something goes wrong with your product, you should always contact us and we will do whatever we can to help.

• This warranty is given by petail.com.au and applies only to products where the petail.com.au warranty against defects is expressly given in the product listing on the respective website.
• The Australian Consumer Law provides certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. These consumer guarantees are different to, and separate from, this warranty, which is given voluntarily by the Warrantor. The time limit of consumer guarantees varies depending on the price and quality of the goods and may extend beyond this warranty or any applicable warranty provided by the manufacturer of the goods.
• Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
• This warranty applies in addition to other rights and remedies you may have under the Australian Consumer Law or any other law.
• Your goods may contain warranty documents on or inside the product packaging provided by the manufacturer of the goods. Any such warranty documents are not given by the Warrantor, and are separate from this warranty. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
• Subject to the terms and conditions of this warranty, where your goods are defective in the Express Warranties Period, the Warrantor agrees to repair the goods, provide you with a replacement or provide you with a refund for the full amount of the purchase price (in the event that it is not possible to repair the goods or a replacement is unavailable).
• The applicable warranty period commences on the date that the product is delivered to your nominated delivery address. Where no proof of delivery is available, the applicable warranty period will commence 3 days from the date the goods are despatched to you.
• We sell, among other things, clearance goods. Clearance goods are new, but of limited quantity. This means that we will often sell all available stock and may not have the ability to repair or replace items that may be defective. We will make all reasonable endeavours to repair or replace your product under the terms of this warranty, but where this is not possible, we will refund you the full purchase price.
• In the event you need to contact us, please contact us on petail.petshop@gmail.com. Instructions for returning goods are provided through petail.petshop@gmail.com.
• All warranty claims must be directed through the petail.petshop@gmail.com. In order to make a claim, you must provide the customer services with:

1. details of the defect or damage in relation to which you are making a claim under the warranty;
2. photographic evidence of the defect or damage, where applicable;
3. your invoice (including order number) and any other proof of purchase; 
4. and any other details we may need to process your claim.

• If you are entitled to make a claim under this warranty, our staff will provide you with instructions as to how the goods may be returned to us at our expense (either you will be reimbursed for standard postage or, for larger items, we will organise a courier to retrieve the items). Unless otherwise provided by law, you will bear any other costs incurred in making a claim under this warranty.
• Where goods are damaged or defective upon delivery, you must provide photographic evidence of the damage within 24 hours before receiving a repair, replacement or refund.
• We reserve the right to determine which repair centre is the appropriate service location in each case.
• You must comply with all return instructions provided to you given by our staff.
• We cannot accept returns that have not been authorised through the process outlined in these terms and conditions.
• If any returned goods are found to be in good working order, we may seek reimbursement, at our discretion, for any costs incurred by us in relation to such goods. In such cases, you agree that we may hold your goods until such payment is received.
• Except as required by law (including the Australian Consumer Law), this warranty shall not apply in respect of goods:

1. where the goods have not been installed, maintained, operated or used in accordance with the manufacturer’s instructions or any other specifications provided with the goods;
2. where damage or defects are caused by deliberate or negligent misuse or abuse, physical alteration, fire, liquid spillage, use of incorrect voltage, power surges or dips, thunderstorm activity, force majeure, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, computer viruses, corrosive conditions or introduction by an insect, pest or other foreign body;
3. where damage results from any third party software or hardware not provided by us;
4. where items are lost or stolen; and
5. in relation to repairs of batteries, where the batteries have not been used in accordance with specifications or they expire by normal use.

• Except as required by law (including the Australian Consumer Law), our liability under this warranty shall not exceed the amount of the purchase price of the goods or the replacement of the goods with the same or a similar product.

15. Social Media and Content

• You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material ("Social Media"), is the sole responsibility of the person from whom such content originated.
• You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law, we do not accept liability in this regard.
• As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post or allow content to be posted through your account that:
• you do not have the right to post;
• is defamatory or in contempt of any legal or other proceedings;
• is misleading or deceptive;
• is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
• denounces religious or political beliefs;
• contains religious or political material;
• is indecent, obscene, vulgar, pornographic or offensive;
• infringes any copyright, trade mark, patent or other intellectual property right of another person;
• contains any unsolicited or unauthorised advertising or promotional material;
• contains or links to viruses, malware, spyware or similar software; or
• impersonates any person or misrepresents your relationship with any person.
• We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
• You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

16. Intellectual Property

• All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to com.au, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
• Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
• You may not:
• modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
• decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
• If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.

17. Transfer and Assignment

• You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
• we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
• we shall be entitled to assign the benefit of any agreements we have with you to the third party.

18. General

• We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
• This Agreement will be governed by and interpreted in accordance with the laws of Queensland Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.
• If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
• If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

19. Privacy and Personal information

If you provide us with any personal information our Privacy Notice will govern how we will use or disclose that information. Please review and understand our Privacy Notice.