Terms & Conditions

General:

The following Terms & Conditions (Terms), together with our Privacy Policy are the complete terms of a legal agreement between you and Animal Tuckerbox Pty Ltd ACN 100621298 (ATB) in relation to your access to and use of this Website (www.animaltuckerbox.com.au) and the supply of products or services ordered or information supplied via the Website (if applicable). By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Website.

ATB may alter these Terms and Conditions from time to time by posting the altered version on this Website. You should visit the Website regularly to keep up to date with any alterations. By continuing to use this Website, you accept the Terms current at the time you access and use it.

If you have any questions or need clarification on any issue, please contact us:

  • by phone, during normal business hours (9am to 5pm Eastern Standard Time) on 03 6278 2911;
  • by email, at online.orders@animaltuckerbox.com.au;
  • or by mail, at the following address: P.O. Box 511 Moonah, Tasmania 7009.
  • Is faulty or of unacceptable quality
  • Does not match the description or sample
  • Is unfit for the intended purpose
  • Is not delivered in a reasonable time frame
  • Proof of purchase is provided.
  • and ATB bears the cost of returning the products.
  • This also includes non compliance with any manufacturers guarantees or warranties (e.g. palatability guarantee on super premium foods)

Use of this Website:

You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of this Website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website, including but not limited to, by uploading or transmitting through the Website any viruses, worms, Trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of this Website or any computer. You must not post on this Website any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. ATB may block/delete from this Website any material posted to this Website at it’s absolute discretion. You must not impersonate or misappropriate the identity of another person. You must not attempt to use this Website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of this Website in contravention of these Terms may result in you being banned from the Website, being liable to ATB for breach of contract and/or infringing applicable law, and/or having criminal proceedings taken against you.

Intellectual Property:

Material and content displayed on or comprised by the Website, including but not limited to text, graphics, logos, button icons, images, the Website layout and software, is subject to copyright owned by ATB its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright laws.

Brands, names, images and logos displayed on the Website may be the subject of registered trade marks of ATB , its related entities or its product suppliers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws.

You may access, display, download and print portions of the Website only for your own private non-commercial use and to order products via the Website. This permission is subject to you not modifying the content displayed on this site, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on this Website. Any other use of material on this Website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.

Disclaimer:

The information contained in this Website is believed to be accurate and current and may change from time to time. However, to the extent legally permitted, all materials, information, products, programs and services are listed on an "as is" basis.

References to ‘Website’ include the following (as appropriate): www.animaltuckerbox.com.au, or any other site, services (including web-services), software, application or media managed by ATB . Your use of the ATB Website constitutes your acceptance of these Terms & Conditions and is at your sole risk. You agree that in using the Website you have not relied on any statement or representation made by ATB not expressly contained in these Terms. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products or services described on this Website.

No representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website is made by ATB or directors, officers or employees. In addition to this they do not accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information in this Website. Illustrations, photos and packaging are only a representation of the products advertised, variations may occur from store to store. ATB is not be responsible for the lack of stock. ATB reserves the right to limit purchases to normal retail quantities.

Without limitation, ATB does not represent or warrant that the functions within the Website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the Website or the server that makes the Website available is free of viruses or other harmful elements.

You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

If applicable law prohibits the exclusion of any of the warranties referred to above, to the extent legally permitted, ATB limits its liability for breach of any such warranties, conditions or representations to resupply of services or payment of the cost of resupply of the affected services, at ATB discretion.

Third-party material:

This Website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (including a product supplier or consumer) (Third Party Material). ATB is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any products or services offered via Linked Sites. ATB does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on Linked Sites. ATB is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this Website.

Viruses:

You are responsible to protect your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.

Password security:

If you are allocated a password to access any part of the Website, you are responsible to prevent the password being disclosed to any third party.

Privacy and Security:

Your privacy is important to us at ATB deploys encryption and other technology with the aim of protecting credit card information and the customer database. Access to this database within ATB is restricted. ATB does not sell, trade or rent personal information. By providing your details to ATB via the Website, you consent to ATB maintaining, recording, holding and using that information to process its orders, to improve service to customers and to inform you of promotions. Further information about the collection and use of your personal information is contained in our Privacy Policy.

Capacity to purchase:

Use of this Website is restricted to those over the age of 18 and those who are able to enter into a legally binding contract.

Supply Information

We are committed to ensuring your purchasing experience is as enjoyable as possible and this includes an easy, hassle free delivery. If you have any questions or issues regarding the supply of your order, please call us at the relevant store your order was placed with or 03 6278 2911 during office hours and we can direct you.

Prices:

Prices stated are in Australian dollars. Prices include GST but exclude delivery charges, unless otherwise stated.

Payment:

The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Processing of your order and delivery will not commence until payment has been processed/validated. Your payment information is collected by the secure 3rd party ATB uses to process payments. ATB does not collect any of your payment information. ATB currently uses STRIPE to process payments.

Secure 3rd part payment processors may change from time to time. For details please check this Website or phone 03 6278 2911.

Vouchers:

If we issue you a voucher to redeem against the future purchase of products, the terms and conditions on that voucher apply. Vouchers are non-transferable and may not be redeemed for cash. Vouchers may only be valid for a limited time specified on the voucher. We suggest that you check the term specified on your vouchers to ensure that they are valid before use. We are not responsible for your failure to use vouchers within the relevant time and will not replace or accept expired vouchers or give refunds for expired vouchers.
We also have gift card vouchers which at this point cannot be used online but in store only unless stated otherwise.

Pricing and product description errors:

If a product inadvertently appears on our Website at the wrong price or with a wrong description, ATB reserves the right to decline or cancel any orders placed at the wrong price or based on the wrong description, even if the order has been confirmed and a credit card charged. If a credit card is charged for the purchase at the wrong price or based on a wrong description and the order is canceled, we will notify you and issue a credit to the credit card account in the amount charged.

Special offers:

We may provide special offers in relation to our products and services from time to time. ATB reserves the absolute right to terminate any special offer without advance notice. If terminated, a special offer will continue to apply to products or services ordered by you in accordance with these Terms before the date the special offer was terminated.

Product availability:

All products are offered for sale subject to available stock. If a product is out of stock, we will contact you to offer a substitute product of at least equal quality. If you do not accept substitute item and a credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to the credit card account in the amount charged.

Delivery:

We deliver Tasmania wide, using various couriers that may change from time to time. Delivery fees may apply. Your order should take 2-10 business days within metro areas. Regional areas may take up to 12 business days. Outlying or remote areas, delivery will take a little longer. Delivery times are also subject to availability of stock. Accordingly, we do not guarantee any specific delivery times or dates.

To ensure delivery and tracking of your products, you must specify a delivery address where you will be available to sign for receipt upon delivery during normal business hours. Alternatively for contactless deliveries see “Authority to Leave (ATL)” below. Products are normally delivered on business days (Monday to Friday between 9.00 am and 5.00 pm excluding public holidays) to either business premises or a residence, as you nominate. Unless you have given us other instructions in relation to delivery when placing your order, if you are not present at the time of delivery or if for any reason the carrier cannot deliver to your specified delivery address, an "Article Awaiting" card will be left at the specified delivery address. The products will then be automatically delivered to the nearest collection point. Delivery to a collection point is considered delivery to you for the purpose of these Terms. products will not be left at unattended premises without Authority To Leave permission from you. You are responsible for contacting The Courier within 7 days of the date of the "Article Awaiting" Card. ATB is not responsible for unclaimed in the 7days stated.
ATB accepts no responsibility for deliveries to incorrect or incomplete addresses provided by customers. If you provide an incorrect address and delivery is completed, you will be responsible for the purchase. If you provide an incorrect address and delivery is not completed, the order will be returned to ATB and you will be responsible for any charges incurred in re-delivering the products to the correct address.


Delivery Charges:

ATB reserves the right to charge a delivery cost for every product determined by postcode in addition to the price of the products. We use Couriers that may change from time to time. For details of Couriers used please check this Website or phone 03 6278 2911.

To view how much your shipping will cost will be you will need to select "Shipping", and complete your shipping details on the Check Out page and hit SUBMIT. Delivery options available to you will be displayed. You are able to choose whether to committing to purchase or not at this point.
Once again for any further assistance please feel free to contact us via phone or email.

Minimum Delivery:

We have no minimum delivery, but delivery charges apply at ATB’s sole discretion.

Authority to Leave (ATL):

This service is available with any home delivery orders. The address must be considered accessible and safe by the courier. If it is they will leave the products in a safe place. In selecting ATL you accept full responsibility for the products that are left and ATB cannot be held liable if your order goes missing after it has been deemed delivered by the carrier.

Where we deliver:

We deliver products anywhere in Tasmania that is serviced by our selected couriers, If you are unsure whether we can deliver to your area, please call us on 03 6278 2911 during office hours. The location from wheres your order will be shipped will be chosen by ATB at it’s complete discretion.

Undeliverable

If your order is deemed undeliverable by our couriers they will advise us and we will contact you to arrange re-delivery in accordance with these Terms.

Breakages:

If you receive your order with one or more broken items, we will issue you a credit in the amount paid for the broken items or send replacement items at our discretion, but only if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.

Returns:

We want you to be totally happy with your purchase from ATB. We understand that at times you may need to return a product that you have purchased from us. We aim to make this process simple and hassle free. Our returns process has been designed to comply with your rights and our obligations as set out under relevant Australian legislation.

Australian Consumer Law entitles you to a refund when the product:

As an act of good will ATB At it’s own discretion may accept returns if you have changed your mind. This may happen only on the conditions that the products are returned within 28 days at your cost and that they are in saleable condition. Products can be dropped off to any of our stores within Australia.

How to return products:

Please contact us by any method below to make any necessary arrangements before products are returned.

  • by phone, during normal business hours on 03 6278 2911;
  • by email, at info@animaltuckerbox.com.au;
  • or by mail, at the following address: P.O. Box 511 Moonah, Tasmania 7009.

Products can be dropped into any of our stores within Australia or returned via Australia Post or via a Courier.

Canceling Orders:

ATB reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where ATB believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).

Risk:

You agree that all risk of products purchased from ATB will pass to you upon delivery of the products at your nominated delivery address even when ATL is requested. ATB accepts no responsibility for damage, loss or deterioration to products after this time.

Title:

Products ordered by you remain our property until you paid in full.

Product Warranties:

We warrant that products supplied by us via this Website will be of merchantable quality when delivered. To the extent legally permitted, we expressly disclaim all other express, implied, statutory and other warranties, guarantees and representations. If applicable law prohibits the exclusion of any of the warranties referred to above, to the extent legally permitted, our liability for breach of any such warranties, conditions or representations and the warranty given in respect of merchantable quality is limited to the replacement or resupply or repair of the affected products or services or a refund of the costs of the products or services, at ATB’s sole discretion.

ATB will not be liable for costs resulting in further purchases, from any source, as a result of the initial purchase or the cost of obtaining substitute products.

Any Statutory or extended warranty will not apply if you have caused the damage to the product. The Liability of ATB will be limited by the applicable provisions of these Terms.

Repairs under Manufacturer's Warranties

There may be circumstances where you have a problem with a product however it does not amount to a breach of a statutory warranty provided by us i.e. you are not entitled to a refund from us. In those circumstances, however, the product may have come with a warranty from the manufacturer.

Where your purchase of the product has been sold with a warranty from the product manufacturer, the warranty will typically grant you a right to have the product repaired (rather than entitle you to a refund) if defects arise falling within the scope of the warranty.

Some Manufacturer's use external Service Agents to repair faulty or damaged products. Where applicable, the item will need to be sent away for repair. Please contact us for manufacturer's contact details.

We recommend you initially phone the relevant manufacturer if you experience any difficulties operating a product. We are able to assist with contact details.

Limitation of Liability:

Any direct, indirect, incidental, special or consequential damages as a result of use or misuse of this Website will not be the responsibility of ATB.

Where an Act of Parliament suggests any term, condition or warranty in the Terms and Conditions does not allow for exclusion of liability, the liability of ATB will be limited.

If the breach relates to purchased products or services applicable conditions of these Terms apply.

In addition, any messages received or transactions entered into through this Website as a result of unauthorised access to your information contained on this Website will in no way be the responsibility of ATB or any related company.

To the extent legally permitted, in no event will ATB be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website, or of any site or resource linked to, referenced or accessed through this Website, or for the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if ATB is expressly advised of the possibility of such damages.

This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and ATB maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.

Indemnity:

You agree to indemnify, defend, and hold harmless ATB, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Website using your Internet account.

Notices to you:

We may notify you by email, a general notice on the ATB Website, or by other reliable method to an address previously provided by you.

Force Majeure:

You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.

Entire Agreement:

These Terms (including any terms or policies it incorporates by reference) constitute the entire agreement between you and us concerning its subject matter and supersedes all prior communications.

Applicable law:

These Terms are governed by the law of Tasmania. The parties submit to the non-exclusive jurisdiction of the courts of Tasmania and its appellate courts.

Alterations:

We may alter these Terms from time to time by posting the altered version on this Website www.animaltuckebox.com.au. You should visit this Website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to products ordered via the Website after the alteration takes effect. These Terms and Conditions were last updated on 1st May 2020.