1 General
1.1 This Live Fish Food Webstore Shopping website at livefishfood.com.au, (the “Website”) is a shopping website where you can browse, select and order products from Live Fish Food Webstore (“Live Fish Food Webstore”, “us” or “we”).
1.2 Your access to and use of the Website, including your order of Products through the Website, is governed by these terms and conditions.
2 Compliance
2.1 You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the Website. You agree to comply with the terms of use. You can view Terms of Use here.
2.2 You agree to comply with all relevant laws relating to your use of the Website and your placement of any order through the Website.
3 Placing an order for Products
3.1 You may order Products by selecting and submitting your order through the Website in accordance with these terms and conditions.
3.2 Any order placed through this Website for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
3.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website.
3.4 You agree to provide us with current, complete and accurate details when asked to do so by the Website.
4 Acceptance or rejection of an order
4.1 In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Website.
4.2 Each order placed for Products through the Website that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
(a) supply the Products in that order to you in accordance with these terms and conditions; and
(b) provide you with an email confirmation of that order.
4.3 If we reject an order placed through the Website, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5 Back orders
5.1 If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant Product (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
6 Delivery of Products
6.1 We will only deliver Products ordered through the Website to a location where we provide delivery services.
6.2 You may obtain further information on the Website about our delivery timeframes and how we deliver certain Products. The Delivery Fee for your order depends on the type of Product you order (in particular, the size and weight of the Product).
6.3 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Website.
6.4 We also recommend that you be present to accept the delivery of your order if you have paid by credit card.
6.5 We may require the person accepting the delivery of your order to:
(a) provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
(b) where relevant, provide us with proof that the consents referred to under the “Restricted Products” section of these terms and conditions have been obtained.
6.6 If there is no one or no appropriate person (for example, above 18 years old) at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
6.7 You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order; and
6.8 You acknowledge that it is your responsibility to check/comply with the biosecurity requirements in your state and ensure you have the proper permits (when/if required) to import certain live animal and plant products into your state.
6.9 You acknowledge and agree that we are not liable for any delay in delivery beyond our control including, but not limited to, embargoes, blockages, delays or refusals to grant export or import licenses or the suspension or revocation thereof, or any other acts or omissions of government, fires, floods, severe weather, or any other acts of God, quarantines, labor strikes, riots, insurrection, acts of criminals or terrorists, war, material, shortages or delays in delivery by third parties. In the event of such delay the delivery date shall be extended for a period of time as may be reasonably necessary to compensate for such delay. We will not be liable for lost profits, loss of business or other incidental, consequential, indirect or punitive damages arising out of any delay. Customer agrees that, for any liability arising out of delay, we are not liable or responsible for any amount of damage above the aggregate dollar amount paid by customer for the purchase of the products under this Agreement.
7 Cancelling an order
7.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the Products in that order are not available; or
(b) there is an error in the price or the product description posted on the Website for the Product in that order; or
(c) that we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
7.2 You may cancel an order (whether it is accepted by us or not) by contacting us during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant Products in accordance with these terms and conditions.
7.3 Some parcels don’t have a signature required on delivery and in these cases your parcel will be left in a safe place if no one is home.
7.4 You acknowledge that ‘Our live arrival guarantee’ form an integral part of these terms of conditions. Please read our full live arrival guarantee for more information, terms and conditions.
8 Fees and charges
8.1 We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
8.2 Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the Products in that order.
8.3 If you cancel an order then:
(a) subject to (b), we will refund any amounts paid by you for that cancelled order;
(b) we will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery.
9 Payment methods
9.1 You may pay the fees and charges for an accepted order using the following payment methods:
(a) Paypal:
9.2 If we are unable to successfully process your payment for your order that is accepted by us, then we may cancel your order.
9.3 If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or PayPal account.
9.4 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
9.5 A recipt/tax invoice for your purchase will be available for download after you log into your account, which specifies the total fees and charges for the Products in the order.
10 Damaged Products and returns
10.1 You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Customer Service. If you notice damage to a Product after delivery, you should notify us within 2 days of delivery, or 2 hours of delivery in a case of a live product. If so, you may return the product to us in accordance with this clause. No returns are accepted for live products.
10.2 If you wish to return a Product that is not damaged and that was provided to you under these terms and conditions, then you may contact us to arrange for returning that Product in accordance with our Returns Policy. No returns accepted for live products.
10.3 We will not refund the Delivery Fee where the Products have been delivered to you, unless you are returning the Product because it was damaged.
11 Liability
11.1 You acknowledge that the Website is provided “as is” and that we do not make any warranty or representation as to the suitability of the Website or a Product for any purpose.
11.2 We will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
11.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
11.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
11.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
12 Termination
12.1 We may immediately suspend, terminate or limit your access to and use of the Website and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
12.2 We may stop making the Website (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
13 Changes to these terms and conditions
13.1 For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
13.2 We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
14 General
14.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
14.2 This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
15 Definitions
Contact Hours means. 9am to 5pm Monday to Friday (Melbourne time).
Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999(Cwlth).
LoginID means the Username that you provided to us as part of the registration process to use the Website.
Product means each good or service that is advertised on the Website.
