Terms of service

This agreement forms a contract between you and Pawk Pet Co Pty Ltd (we or us) when you shop using the Pawk Dog Treats website (Website). By purchasing products from this website (Products), you are bound by this agreement. Please read these terms and conditions carefully before ordering any Products.

We reserve the right to change these terms and conditions at any time. You will be subject to the terms and conditions and policies in force at the time that you order Products from us (or, in the case of orders provided pursuant to a subscription, the terms in force at the time we send the Dispatch Confirmation), so you should review the terms each time you place an order.

  1. Australian Consumer Law
    1. This clause 1 only applies where you acquire the Product as a “consumer” for the purposes of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
    2. Our Products come with guarantees that cannot be excluded under the ACL. 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 Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
    3. Nothing in this agreement or our policies excludes, restricts, limits or modifies your rights or remedies against us for failure of a statutory consumer guarantee under the ACL. Any terms and conditions in this agreement which are in conflict with the terms of this clause 1, will not be applicable to the extent necessary to give effect to the terms in this clause.
  2. Service Availability
    1. The Website is only intended for use by people residing in Australia. We do not accept orders from individuals outside Australia.
  3. Your Status
    1. By placing an order through our site, you warrant that:
      1. (a) you are legally capable of entering into binding contracts;
      2. (b) you are at least 18 years old;
      3. (c) you are resident in Australia; and
      4. (d) you are accessing our Website from within Australia.
  4. Orders
    1. After placing an order for Products, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
    2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We are not required to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
  5. Subscriptions
    1. After placing an order for a Product subscription, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order of flexible subscription constitutes separate offers, at the requested subscription frequency, to purchase the Product(s). Each order is subject to acceptance by us, and we will confirm acceptance to you of each order by sending you an e-mail that confirms that the specific Product payment is due (Payment Notification). The contract between us (Contract) will only be formed when we send you the Payment Notification. We will only process your payment after the issue of this notice by us.
    2. By subscribing to the Website, you agree to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, as laid out in these terms. You can cancel your subscription at any time, however an order which we have already charged you for and/or which has already been dispatched cannot be cancelled. You will not be charged for any cancellation. Refer to our Subscriptions Cancellation Policy at [pawk.com.au/cancellation-policy for further information].
    3. Subscriptions are subject to the ongoing availability of the requested Product and you acknowledge and agree that we don’t warrant the ongoing availability of the Product.
    4. Cancelling your flexible subscription is easy. You can do so by logging into your account at pawk.com.au and cancelling your subscription or by e-mailing us at enquiries@pawk.com.au.
    5. We reserve the right at our absolute discretion to cancel your subscription at any time without giving any reasons for our decision.
    6. You acknowledge and agree that you are responsible for keeping your details with us up to date, and you are responsible for paying for each order which we deliver to the most recent delivery address you have provided us (regardless of whether that address is still your correct address).
  6. Vouchers and gift cards
    1. We may offer gift cards, discount promotions and other types of vouchers (Voucher) which are required to be activated by email application in order for the holder to commence delivery of Products. If any voucher is larger than the discount in paragraph 6.1, you can exchange the voucher coupon on the basket page. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and you when you redeem the Voucher by purchasing a Product.
    2. Any Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. Only one voucher is allowed to be applied per order.
    3. We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
    4. Vouchers may only be redeemed through the Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
    5. 6.5 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
    6. We reserve the right to exclude the use of voucher codes on specific products.
  7. Availability and delivery
    1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
  8. Risk and title
    1. Risk and title in the Products pass to you upon delivery following payment in full (including delivery charges).
  9. Price and payment
    1. The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error.
    2. Product prices include GST.
    3. We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
    4. Payment for all Products must be by credit or debit card, Afterpay or Paypal. We accept payment with American Express, Visa, Mastercard, Apple Pay, Google Pay, Shop Pay, Union Pay.
  10. Our refund policy
    1. As described in clause 1, where you acquire the Product as a “consumer” for the purposes of the ACL, our Products come with guarantees. This clause 10 applies in addition to, and without affecting, your rights under the ACL.
    2. Refer to our Online Return Policy at pawk.com.au/return-policy.
  11. Warranty
    1. Without limiting clause 1, we warrant to you that any Product purchased from us through the Website will, on delivery:
      1. (a) conform with its description;
      2. (b) be of satisfactory quality; and
      3. (c) be reasonably fit for all the purposes for which products of that kind are commonly supplied.
  12. Our liability
    1. Subject to clauses 1 and 12.4, if we fail to comply with these terms and conditions, to the maximum extent permitted by law, we will only be liable to repay to you the purchase price of the Products or replacing the Products.
    2. We will not be liable to you for indirect and consequential loss arising from or connected with a Contract in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our negligence or fraud.
    3. You will not be liable to us for indirect and consequential loss arising from or connected to a Contract in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of your negligence or fraud.
    4. Nothing in these terms and conditions excludes or limits our liability for:
      1. (a) death or personal injury caused by our negligence;
      2. (b) fraud or fraudulent misrepresentation;
      3. (c) any breach of the obligations implied by Competition and Consumer Act 2010 (Cth) or any other applicable legislation; or
      4. (d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
  13. Notices
    1. All notices given by you to us must be given to us at enquiries@pawk.com.au. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any other manner permitted by applicable laws.
    2. Notice will be deemed received and properly served:
      1. (a) immediately when posted on the Website;
      2. (b) 24 hours after an e-mail is sent; or
      3. (c) three days after the date of posting of any letter.
    3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
  14. Transfer of rights and obligations
    1. Any Contract between you and us is binding on you and us and on our respective successors and assignees.
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
  15. Intellectual property rights
    1. You may print off or download extracts of any pages from the Website for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from our licensors and us.
    2. If you post comments on the Products to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly held opinions. By ordering the Products you irrevocably authorise us to quote from your Commentary on the Website and in any advertising or social media outlets which we may create or contribute to.
  16. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      1. (a) strikes, lockouts or other industrial action;
      2. (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
      3. (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
      4. (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
      5. (e) impossibility of the use of public or private telecommunications networks; and
      6. (f) the acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  17. Waiver
    1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
    2. A waiver by us of any default will not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above.
  18. Severability
    1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  19. Entire Agreement
    1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
    2. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them, to the maximum extent permitted by law.
    3. To the maximum extent permitted by law, each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
  20. Governing law
    1. The laws applicable in Queensland govern these terms and conditions and any Contract formed under these terms and conditions and any dispute in connection with any Contract.
    2. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.
    3. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.