Terms and Conditions
Terms of Sale
These terms and conditions ("Terms of Sale") apply where a Customer ("you", "your") purchases products from Working Dog ("we", "us", "our").
1. Australian Consumer Law
1.1. These Terms of Sale include all those statutory rights you may have under applicable laws, including those arising under the Australian Consumer Law, which we are not capable of excluding, restricting or modifying (Non-Excludable Rights). These Terms of Sale are subject to, and will not apply to the extent that they exclude, restrict or modify, such Non-Excludable Rights
1.2. The following mandatory text applies to all consumers:
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.
2. Agreement
2.1. When you place an order for products, you make an offer to purchase those products from us in accordance with these Terms of Sale. Your offer is accepted, and the Agreement is formed, when you receive written confirmation of your order from us or our authorised agent.
2.2. Unless we otherwise agree in writing, the Agreement is the only agreement which applies to the products we supply, and overrides any other documentation exchanged between us, whether or not such documents expressly provide that they override the Agreement.
2.3. We may update these Terms of Sale from time to time by publishing an updated version to the Website, and such updated version will apply to all orders placed after it is published. It is your responsibility to check the Website for the applicable Terms of Sale before placing an order.
2.4. The products we sell are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from us.
3. Orders
3.1. We reserve the right to reject an order placed by you for any reason at our sole discretion, including where we are unable to process payment. If your order is rejected, you will receive a full refund at the earliest possible convenience.
3.2. Orders are not able to be amended or cancelled once they are accepted. However, we reserve the right to cancel an order where there is an unforeseen stock shortage or if we reasonably believe your order is the result of fraud or unauthorised activity. If your order is cancelled, you will receive a full refund at the earliest possible convenience.
3.3. It is your responsibility to ensure that the information you include in your order (such as your name, address and contact number) is correct. Where your order is unable to be delivered due to incorrect information you have provided, you will be required to pay any additional delivery costs that are necessary to re-deliver your products.
4. Price and payment
4.1. Except where otherwise agreed by us in writing, the price payable for products is the price displayed on the Website, and payment of the applicable price must be made at the time of online checkout using one of the payment methods listed on the Website.
4.2. All prices quoted or displayed on the Website are in Australian dollars and except as otherwise expressly stated, are exclusive of insurance, delivery charges, credit card surcharges, GST and any other sales, value added or similar tax.
4.3. The prices on the Website are subject to change from time to time without notice. It is your responsibility to check the applicable price on the Website before placing an order.
5. Delivery
5.1 Please allow up to 5 days for your order to be dispatched following acceptance. You will be notified once your order has been dispatched and provided with tracking information.
5.2. Your order will be processed by our transport carrier and shipped by Australia Post. Once your order has been dispatched, please allow:
(a) 1 - 3 business days for express delivery;
(b) 2 - 6 business days for standard delivery; and
(c) international shipping in accordance with Australia Post's international delivery times, which are dependent on delivery location.
The delivery timeframes above are subject to any disruptions or delays experienced in the Australia Post delivery network. You can keep up to date with Australia Post's alerts and delivery times via their website.
5.3. We will use all reasonable endeavours to deliver your order in accordance with the indicated delivery times above. However, we are not liable for any failure to deliver your order promptly or at all, other than to refund the price paid by you for products ordered that are not delivered at all.
5.4. Risk in the products passes to you upon delivery to your nominated delivery address, and title to the products passes to you upon payment in full.
6. Returns
We do not accept returns for change of mind or error in ordering. This does not apply in relation to any Defects, which are governed by clause 7. You have 14 days to contact us/return any item with defects.
7. Defects
7.1. For the avoidance of doubt, this clause 7 is subject to any Non-Excludable Rights.
7.2. You must inspect the products as soon as possible after receiving your order. If you believe a product is Defective, you must notify us by emailing shop@workingdog.com ("Defect Notice") setting out:
- Your order number;
- The date of purchase;
- The items you wish to return; and
- A description of the Defect including photos if applicable.
7.3. We (or our transport carrier) will contact you once we receive your Defect Notice to help determine, acting reasonably, whether the product is Defective and, if it is, advise you how we intend to remedy the Defect. You must comply with any reasonable requests made by us (or our transport carrier) to provide further information or assistance to allow this determination to be made. We may remedy a Defect by replacing the product or refunding the price paid by you for the product.
7.4. If we require the return of the product for the purposes of assessing your Defect Notice or providing you with a remedy, we will bear the delivery costs of any such return, provided however, that if after receiving and inspecting the product we reasonably determine that the product is not Defective, you must reimburse us for such delivery costs.
7.5. We will not be liable to you for any Defect with a product unless you provide us with a Defect Notice within the period following delivery that it would be reasonable to expect the relevant Defect to be identified or become apparent, otherwise you are deemed to have accepted the product.
8. GST
Despite any other clause of the Agreement, to the extent that any supply made under or in connection with the Agreement is a taxable supply (as defined by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)), you must pay to us, in addition to the consideration provided for under the Agreement or that supply (unless it expressly includes GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. You must pay the additional amount to us at the same time as the consideration to which it is referable. You are responsible for paying any other duties or taxes, including any stamp duty (if applicable), in relation to the products
9. Liability
9.1. For the avoidance of doubt, this clause 9 is subject to any Non-Excludable Rights.
9.2. We exclude all conditions, warranties and implied terms, whether statutory or otherwise, that may arise in relation to the products.
9.3. Neither party will be liable for any loss or damage incurred by a party or any other person which is indirect or consequential in nature, including any loss of revenue, profit, production, reputation or goodwill.
10. Force majeure
10.1. Where a Force Majeure Event prevents or delays a party from performing any obligation under the Agreement, the requirement to perform that obligation is suspended as long as the Force Majeure Event continues.
10.2. If a Force Majeure Event persists for [30] days, either party may cancel any affected order by giving written notice to the other party.
11. Privacy
We need to collect and use your personal information in order to supply the products to you. Our policy regarding the collection, handling and use of personal information is set out in our Privacy Policy which can be accessed here.
12. General
12.1. If a provision in these Terms of Sale is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Terms of Sale for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision of any other provision of these Terms of Sale.
12.2. Any variation of these Terms of Sale must be in writing and signed by the parties.
12.3. A reference to legislation includes any amendment to that legislation, any consolidation or replacement of it, and any subordinate legislation made under it.
12.4. In these Terms of Sale, the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions do not limit what else is included and must be construed as if they are followed by the words 'without limitation' unless there is express wording to the contrary.
12.5. A waiver of any right arising under the Agreement must be in writing and signed by the party granting the waiver.
12.6. Neither party may assign its rights under the Agreement without the other party’s prior written consent.
12.7. No agency, partnership, joint venture, employment or fiduciary relationship is intended to be created between you and us by reason of the Agreement.
12.8. The Agreement is governed by the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.
13. Definitions
In these Terms of Sale:
13.1. "Agreement" means the agreement for purchase of products between the Customer and Working Dog which comprises these Terms of Sale and the applicable order placed by the Customer and accepted by Working Dog.
13.2. "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts.
13.3. "Customer" means the person or entity that purchases products from Working Dog, as specified in the relevant order confirmation.
13.4. "Defect" or "Defective" means a defect or flaw in a product which prevents the product from being used for the purposes intended for such product, but does not include:
(a) anything which we have disclosed as a feature or limitation of the product;
(b) before the date of purchase;
(c) any defect or flaw that is trivial or insubstantial; or
any damage caused by you after the product is delivered that is not related to its state or condition as at the time of delivery.
13.5. "Force Majeure Event" means an act of God, war, revolution or any other unlawful act against public order or authority, an industrial dispute including strike or other labour disturbances, a government order or restraint, pandemic and epidemic, a shortage or unavailability of raw materials, production capacity or transportation, and any other event not within the reasonable control of a party.
13.6. "GST" means goods and services tax and includes any replacement or subsequent similar tax.
13.7. "Website" means store.workingdog.com.
13.8. "Working Dog" means Working Dog OD & M Pty Ltd ACN 678 811 16
Terms of Use
1. This website located at store.workingdog.com ("Website") is owned and operated by Working Dog OD & M Pty Ltd ACN 678 811 160 ("Working Dog", "we", "us", "our").
2. By using this Website, and in consideration for us providing you with access to this Website, you confirm that these terms and conditions ("Terms of Use") govern your access to and use of the Website and you accept and agree to comply with them.
3. These Terms of Use include all those statutory rights you may have under applicable laws, including those arising under the Australian Consumer Law, which we are not capable of excluding, restricting or modifying. These Terms of Use are subject to, and will not apply to the extent that they exclude, restrict or modify, such rights.
4. We may update these Terms of Use from time to time by publishing an updated version to the Website, and such updated version will be effective immediately upon publication. It is your responsibility to check the applicable Terms of Use before using the Website.
5. Your use of the Website evidences your agreement to these Terms of Use, as revised from time to time. If you do not agree to these Terms of Use or to any revised version, you should immediately stop using this Website.
6. This Website and its contents are subject to copyright which is owned by Working Dog and third parties. We do not grant you any intellectual property rights in this Website or its contents. You must not use any trademark displayed on this Website without our prior written consent or the prior written consent of the relevant trademark owner.
7. This Website may contain links to external websites. We do not sponsor, guarantee or approve of any material or representation in or linked by these websites, nor do we warrant that the content on these websites will be free from computer viruses, defects or infringements. If you use or rely upon these websites, you do so solely at your own risk.
8. You must only use this Website, and you must only display, copy, distribute, download and print portions of this Website for your own personal use. You must not attempt to change, reproduce, add to, remove, hack or interfere with this Website or its material.
9. We cannot guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. The Website may be inaccessible from time to time due to events outside our control or maintenance requirements.
10. We do not warrant the accuracy or completeness of any information you derive from this Website. To the extent permitted by law, we exclude liability for any loss or damage arising out of, or in relation to, any errors or omissions on this Website or your use of this Website (including any interference with or damage to your computer system).
11. These Terms of Use are governed by laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.