Terms and Conditions

Application

This website is owned and operated by W & H CO Pty Ltd, ACN 669 085 081 (SonoVet) This website is a retail shopping website where you can browse, select and purchase products from SonoVet. Your access to and use of this website (Services), including your orders and purchases of products, is governed by these Terms and Conditions. By continuing to use the Services, you are agreeing to all of these Terms and Conditions and representing that you are at least the age of majority in your state or province of residence.

 

Terms of Sale

Product Information

• Information in relation to product descriptions and purposes is in terms of that supplied by the product manufacturers.
• The product information on this website is provided for general information only and should not be relied on or used as the sole basis for making decisions about specific circumstances or conditions FOR SPECIFIC ADVICE, YOU SHOULD CONSULT YOUR OWN ANIMAL HEALTH PRACTITIONER OR APPROPRIATELY QUALIFIED EXPERT.
• You agree that:
  • All pictures are for illustration purposes and sizes, styles, colours and dimensions may differ slightly in real life.
  • An accessory featured with the products is for illustration purposes and may be sold separately.
  • You have read the written description of the products prior to submitting your order.

Our contract

• When you place an order via this website, you are offering to buy the products you have ordered at the prices (plus tax and delivery charges) displayed at the time of order. A sale contract will not be formed until SonoVet sends you confirmation by e-mail that the products which you ordered have been dispatched to you. Only those products listed in that confirmation e-mail will be included in the sale contract between you and SonoVet.
• SonoVet may reject your order or part of it within a reasonable time, in SonoVet’s sole discretion. An order may be rejected, for example, if a product is not available, or if it is not lawful to ship the product to the country where you reside, or if there was an error in the price or product description on this website. If SonoVet rejects an order or part of an order, it will notify you and arrange to refund you for the rejected part of the order.

Pricing and availability

• All prices are shown in Australian Dollars including GST (General Sales Tax) and do not include any handling, postage or freight charges. If you are located outside of Australia, GST does not apply and this will reflect in the checkout process. If you are a returning customer located outside Australia, this website may remember your location and reflect prices without GST.
• SonoVet may change prices of products at any time without notice to you. However after you have submitted an order, prices will be charged at the rate published on this website at the time of ordering.
• Delivery costs will be charged in addition; these additional charges are clearly displayed in the checkout process and included in the “Total” cost before payment is required.
• All products on this website have been included in good faith on the basis that the products described will be available at the time of sale. A failure by suppliers to deliver as planned may result in some products being unavailable. SonoVet may substitute any product that may not be available with one of equal quality and design, in consultation with you.

Payment

• SonoVet receives payments for products via PayPal. You do not need to be a PayPal account holder to pay SonoVet. If you are not a PayPal account holder, PayPal will still facilitate the payment from your credit or debit card. At the point of confirming payment, PayPal will provide access to the terms which apply to the payment and you will have an opportunity to review and accept them before confirming payment.
• You agree that SonoVet will only dispatch products after your payment for those products has been cleared.
• SonoVet does not hold your bank card details.

Delivery of products

• All shipping is by Australia Post without insurance.
• Shipping costs are at the rate displayed and accepted by you during checkout.
• All international customs/import fees/taxes and duties are your responsibility.
• It is your responsibility to provide the correct shipping address, and to ensure that shipping address information given by you is not misleading and your order can be delivered.
• An appropriate person must be present to accept the delivery of your order and you agree that SonoVet will be entitled to rely on the representative’s instructions as if they were your own.
• Any signature or scanning provided by Australia Post or its agents as evidence of delivery, will be accepted as proof that the order has been completed.
• While SonoVet does everything it can to ensure that your order is delivered in a timely manner, SonoVet will not be liable for any loss or damage incurred by any person as a result of delay caused by SonoVet’s carrier that it has no control over or which in any event is out of SonoVet’s reasonable control or foresight.
• For non-delivery of products, please notify SonoVet by email as soon as possible at: [email protected].

Receive and Inspect

You must inspect the products immediately when you receive them.

Refund Policy

• SonoVet will exchange, refund or replace products which are defective and will refund you for reasonable postage costs incurred in returning defective products.
• SonoVet will refund you for products which are not defective if you have had a change of mind and if the products are returned in an unused, original and saleable condition within original packaging and with all tags and labels attached. In this case, you are responsible for return postage costs. SonoVet will not accept return of products sold at a reduced price, if you have changed your mind.

Returns process

If you want to return products to SonoVet, you must email SonoVet at [email protected] within 2 business days of receiving the products and request a return authorisation number. Once confirmation and an authorisation number have been emailed back to you, you must wrap the products well and return them within 2 weeks to the following address with your return authorisation number as a reference:
W & H CO Pty Ltd (SonoVet)
20 Kookaburra Drive
Palmview, QLD 4553
Australia

If you have returned defective products, on receipt SonoVet will verify them and issue a refund or despatch a replacement, as agreed with you on email, within 10 days. If you have returned perfect, saleable products, on receipt SonoVet will determine whether to accept them and if so, will issue a refund within 10 days.

Limitations of Liability

• SonoVet’s liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to:
  • in the case of products supplied by SonoVet, the replacement of the products or the supply of equivalent products (or the payment of the cost of the replacement or supply), or the repair of the products (or the payment of the cost of the repair); and
  • in the case of services supplied by SonoVet, the supply of the services again or the payment of the cost to you of having the services supplied again.
    Subject to this and to all other limitations of liability in these Terms and Conditions, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
• To the extent permitted by law, in all other respects SonoVet’s total liability for loss or damage of every kind, whether:
  • arising pursuant to these Terms and Conditions; or
  • arising out of or in relation to the supply of products or services, their sale, delivery or the way they perform, and whether in tort or contract or in any other cause of action,
    is limited to an amount equivalent to the sum paid by you to SonoVet for the products.
• SonoVet has no liability to the extent that a failure of products or services is attributable to any act or omission on your part.
• SonoVet has no liability to the extent that SonoVet’s performance of the sale contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which SonoVet is prevented from or delayed in performing any of its obligations, is beyond its reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
• To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

Intellectual Property

The specifications and design of the products (being all intellectual property, including but not limited to copyright, design right, trademarks or other intellectual property) remain SonoVet’s property, or that of the third parties which supply SonoVet with the products, or both where applicable.

Title and Risk

Title in the products does not pass to you until payment has been received. Risk of loss or damage to the products passes to you when SonoVet passes the products into the care of Australia Post to deliver to you.

 

Terms of use

Access

Access to this website is permitted on a temporary basis, and SonoVet reserves the right to amend, remove or vary the Service or any page of this website without notice. SonoVet will not be liable if for any reason this website is unavailable at any time or for any period.

Intellectual Property, software and content

• The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remain the property of SonoVet or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by SonoVet and its licensors.
• You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

Linked Sites

If you use a link on this website to navigate to another website (Linked Site), your interactions on the Linked Site will be governed by the terms of use of the Linked Site. SonoVet will not be responsible for any loss or damage arising from your use of a Linked Site.

Linking to this Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage SonoVet’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on SonoVet’s part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. SonoVet reserves the right to withdraw linking permission without notice.

Misuse of Site

If you misuse this website by committing or encouraging a criminal offence, including but not limited to transmitting or distributing malicious material, hacking, infringing another person’s proprietary rights, circulating spam, or affecting the performance of computer facilities accessed through this website, SonoVet will report the conduct to the relevant law enforcement authorities and reveal your identity to those authorities. SonoVet is not liable for any loss or damage suffered by you as a result of harmful material infecting your property while you are using this website.

Limitation of Liability

• Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.
• To the fullest extent permitted by law, SonoVet excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute products and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Indemnity

You agree to indemnify, defend and hold harmless SonoVet, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of these Terms and Conditions.

 

Privacy Policy

This Privacy Policy applies to all personal information collected by SonoVet.

What is “personal information”?

In Australia, the Privacy Act 1988 (Cth) currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

• whether the information or opinion is true or not; and
• whether the information or opinion is recorded in a material form or not.

If information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.

What personal information does SonoVet collect?

The kind of personal information that SonoVet collects from you will depend on how you use this website. The personal information which SonoVet collects and holds about you may include:

• your name, email address, physical address, postal address, mobile phone number or other telephone number, shipping preferences and notes on delivery, if you place or begin to place an online order for products from SonoVet;
• your user identification created to register an account with SonoVet, if you choose to do so to make future online purchases easier;
• details of previous orders and the delivery or completion status of each previous order, if you are a returning customer;
• records of correspondence between yourself and SonoVet, if you have made contact to ask a question, or to request an exchange or refund, or to make any other communication.

How SonoVet collects your personal information

• SonoVet may collect personal information from you whenever you input such information into this website.
• SonoVet also collect cookies from your computer in accordance with its cookie policy, as follows:
  Cookie Acceptance
  When you use this website, it places small text files called “cookies” on your computer to remember information about how you have used this website. In this process, some of your information such as IP addresses or other online mobile identifiers, will be collected and stored. However, SonoVet and its relevant service providers only use aggregated forms of the information collected by cookies, to understand the performance of this website as well as trends of traffic on the site. Your web browser will likely be set to accept cookies. If you do not wish to receive cookies you may set your browser to refuse or control them, but this may reduce the functionality of the site during your visit.

Purpose of collection

• The purpose for which SonoVet collects personal information is to provide you with the best possible service experience, both on this website and in SonoVet’s pre-sale communications with you, and also to provide you with the best possible after-sales service experience.
• SonoVet customarily discloses personal information only to its service providers who assist SonoVet in operating this website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.

Access and correction

Australian Privacy Principle 12 permits you to obtain access to the personal information SonoVet holds about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact SonoVet at [email protected].

Complaint procedure

If you have a complaint concerning the manner in which SonoVet maintains the privacy of your personal information, please contact SonoVet at [email protected]. All complaints will be considered by Carmen Wright and SonoVet may seek further information from you to clarify your concerns. If SonoVet agrees that your complaint is well founded, SonoVet will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner at https://www.oaic.gov.au/privacy/privacy-complaints.

Overseas transfer

• Your personal information may be transferred to recipients located in other countries which have data protection laws protecting personal information in a way which is at least substantially similar to the Australian Privacy Principles, and there will be mechanisms available to you to enforce protection of your personal information under that overseas law. In the circumstances, SonoVet does not require the overseas recipients to comply with the Australian Privacy Principles and SonoVet will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled.
• In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR. This website does not specifically target customers located in the European Union and SonoVet does not monitor the behavior of individuals in the European Union, and accordingly the GDPR does not apply.

How to contact SonoVet about privacy

If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact SonoVet at [email protected].

Amendment and Interpretation

• SonoVet may amend these Terms and Conditions from time to time and the amendments will be effective when the changes are published on this website. By continuing to use this website after any changes, you agree to the amended Terms and Conditions.
• If any term in the Terms and Conditions is unenforceable, you agree that the invalid part must be severed and the remaining part interpreted to preserve the original meaning as far as permitted by law.
• The Terms and Conditions are governed by and must be interpreted in accordance with the laws of Australia.