Terms & Conditions

This page, together with the documents referred to on it, tells you the terms and conditions (these Terms and Conditions) on which we supply any of the products (each a Product) listed on our website www.ollysbox.com.au (hereinafter referred to as “the Site”) to you. Please read these terms and conditions carefully before ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these Terms and Conditions for future reference.

Introduction

References to “we”, “us” or “our” are references to Woof & Co Pty Ltd, ABN 59 614 813 526, Suite 1/6 Booran Drive, Woodridge QLD 4114 Australia trading as Olly’s Box & www.ollysbox.com.au and its subsidiaries, associates and officers, unless otherwise stated.

These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.

In these Terms and Conditions:

  • “Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
  • “Acknowledgement” means our acknowledgement of your Order by email;
  • “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Australia;
  • “Confirmation of Order” means our email to you, in which we accept your Order;
  • “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept;
  • “Customer” means individual who places an Order on the Site;
  • “Liability” has the meaning given to it in these Terms and Conditions;
  • “Order” means the order submitted by you to the Site to purchase a Product from us;
  • “Subscription” means the provision of a product on a recurring basis until such time as the contract or subscription period ends.
  • “you” means the Customer who places an Order;
  • references to “clauses” are to clauses of these Terms and Conditions;
  • headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
  • words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
  • references to “includes” or “including” or like words or expressions shall mean without limitation.

Registration

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, you should immediately update your information by signing into your account and editing your personal information in My Account, or by contacting us. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify Olly’s Box immediately of any breach of security or unauthorised use of your account. Please refer to our Privacy Policy for information about how we use your data.

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. We seek to only offer products for sale that are in stock and available for dispatch within a reasonable period of time. Occasionally however, we may be waiting for additional stock from our suppliers. Should this occur, we shall seek to notify you of the expected delivery date and you will be given the opportunity to refund your purchase if so desired.

Cancellation

We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the Product.

Subscriptions auto-renew on the anniversary of the subscription or the 1st of the month that the subscription is set to renew. You will need to cancel the auto-renew prior to the renewal date if need be.

Registration and Membership; Product Sales

In order to start your ongoing Olly’s Box monthly subscription, you must register as a member on our Website. To register, you can simply provide information about your dog including its size, your delivery information including your billing information, and your valid email address. All information that you provide to Olly’s Box, including your credit card information, is subject to Olly’s Box Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Website.

As a registered user of Olly’s Box, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing bark@ollysbox.com.au or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

Monthly Delivery

As a subscriber to Olly’s Box, each month or every two months we will ship you a package with a selection of items for your dog that may consist of a selection from toys, treats, grooming products, food samples, or other canine-related items (“Products”). Each month or every two months of your subscription, the selection of Products may change. Accordingly, Olly’s Box cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

Click Frenzy Deals

One-off orders will be dispatched within 24 hours. For monthly subscriptions, your first Olly's Box will be dispatched within 24 hours and will auto-renew on a monthly basis at $55.00 per month starting January 1 2018. For three month pre-paid subscriptions, your first Olly's Box will be dispatched within 24 hours and will auto-renew every three months at $165.00 starting March 1 2018. Subsequent deliveries will be dispatched on the 15th of each month while your subscription is active and paid. If the 15th falls on a weekend or public holiday your order will be dispatched the following business day. There will be no delivery in December 2017. You may cancel your subscription at anytime. Limit of one Olly's Box per person. New customers only. This offer and your purchase of Olly's Box are subject to the Olly's Box Terms and Conditions. We reserve the right to deny this offer to delinquent, fraudulent, fictitious, or otherwise non-bonafide accounts. Cannot be combined with other promotions or discounts.

Billing and Payments

The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard. We also accept PayPal. Unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Olly’s Box the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Olly’s Box will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

Returns, Exchanges & Refunds

Please take care when ordering as we do not refund or exchange for change of heart or unforeseeable delays. Returns are accepted for Faulty Merchandise Only. It is the purchaser’s responsibility to check goods, including if delivered directly to a third party. We strive for the highest of quality and all of our products are thoroughly quality checked prior to packaging and again before dispatch in a manner for maximum protection during transit, especially fragile products. If in the very rare instance you do receive a product that was faulty, contact us immediately and we will organize to replace the item/s or if a replacement is not possible, a choice of a refund or credit will be given. We will cover postage costs on faulty items. The original delivery fee is however, non-refundable. We are sorry but pre-paid subscriptions cannot be refunded. We cannot take responsibility for lost or stolen deliveries, especially when no signature was required.

Intellectual Property Rights

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including our Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Olly’s Box. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties.

Content

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Olly’s Box tries to ensure that the information on this site is accurate and complete. Olly’s Box does not promise that the Content is accurate or error-free. We may make changes to the Content, materials and services at this Site, or to the products and services described in them, at any time without notice. The Content and services at this Site may be out of date, and Olly’s Box makes no commitment to update the materials and services at this Site. The Content, products and services of our site are provided “as is” without warranties of any kind including warranties or merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Olly’s Box’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.

The personal opinions of the suppliers whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Olly’s Box and we accept no responsibility for any such views expressed in any media.

Olly's Box Referral Program

Olly's Box referral codes are specifically intended for use within your personal social media account channels. Any misuse of the referral program or violation of our terms and conditions will lead to an auto-void of any referral credits earned, and, or termination to the referral program. Only two bonafide accounts per household are eligible for this program. This means that you cannot participate in this program if two other accounts in your household have participated in this program. This also means that you cannot participate in this program by referring new accounts in your household if another account in your household has participated in this program. Any transaction involving a fraudulent, fictitious or otherwise non-bonafide account is ineligible for this program. All participation in this program is subject to the Olly's Box Terms & Conditions and Privacy Policy.

No Commercial Use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Website Content and Linked Sites

We make no representations about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.

Your Activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

Liability Disclaimer

The Site is provided by Olly’s Box in good faith but Olly’s Box does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law. The contents of the Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision. To the extent permitted by law, Olly’s Box hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Liability and Warranties

We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the products or goods.

Data Protection and Privacy

We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction. If you wish to update or delete your personal information that has been specifically left on our mailing list. Please contact us. To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our couriers. By placing an order with us, you agree to your data being processed by Woof & Co. We will not pass on your data to anyone outside our organization.

Risk and Title

All title and ownership to the ordered products will pass to you from the moment they are paid in full and dispatched by us to the delivery service. If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.

Severability

If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

Amendments to these Terms & Conditions

We reserve the right to amend these Terms and Conditions at any time. Continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

For Additional Information

If you have any questions about these Terms and Conditions, please contact bark@ollysbox.com.au.