Bestie Kitchen

Terms and conditions

  1. INTRODUCTION

These terms and conditions (Terms) govern your use of the Bestie Kitchen website located at www.bestiekitchen.com (Website) and our supply of the Bestie Kitchen dog food supplement (Goods) through the Website.

These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase Goods through the Website.

By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, Bestie Kitchen Pty Ltd ABN 70 630 372 860 (Bestie Kitchen, our, we or us).

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website, or purchase of Goods (or both, as the case may be) following such an update will represent an agreement by you to be bound by the Terms as amended.

  1. USE OF THE WEBSITE
    • ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

You must not:

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

Bestie Kitchen does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Claims for loss of or damage to Goods in transit must be made against the carrier.

Goods sold by Bestie Kitchen will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Bestie Kitchen's liability for breach of that non-excludable condition, warranty or guarantee will, at Bestie Kitchen's option, be limited to:

You agree to be bound by the clauses outlined in Bestie Kitchen's Privacy Policy, which can be found on our Website.

  1. SUPPLY TERMS
    • ACCOUNT

In order to use purchase Goods through the Website, you will be required to sign up for an account (Bestie Kitchen Account).

When you register for a Bestie Kitchen Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.

You agree that you're solely responsible for:

You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.

We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Bestie Kitchen information or your password.

By submitting an order for purchase of a Good using the Website's functionality (Purchase Order) you represent and confirm that you:

Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

Bestie Kitchen reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

If we determine that your Goods may be faulty, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product faulty.

If we determine in our reasonable opinion that the product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.

If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

If you fail to comply with the provisions of this clause in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause is intended to limit the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

  1. GENERAL
    • (Governing law) This agreement is governed by the law applying in New South Wales, Australia.
    • (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
    • (Amendments) These Terms may only be amended by Bestie Kitchen in accordance with the Terms.
    • (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
    • (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
    • (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
    • (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
    • (Interpretation) In these Terms, the following rules of interpretation apply:
      • (singular and plural) words in the singular includes the plural (and vice versa);
      • (gender) words indicating a gender includes the corresponding words of any other gender;
      • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      • (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      • (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      • (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
      • (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
      • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      • (includes) the word "includes" and similar words in any form is not a word of limitation; and
      • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.