Terms and Conditions

Terms and Conditions

 

Terms & Conditions of Purchase Acceptance

The “Hamish McBeth” website (“website”) is owned and operated by Hamish McBeth Pty Ltd (ABN 89 602 674 617). Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions"). You should read them now. Your use of the website constitutes your agreement to the Terms and Conditions.

You should check this page regularly for any changes we may have made to the Terms and Conditions. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes. 

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.  

Hamish McBeth has the right to amend, remove or vary the Services and/or any page of this Website at their absolute discretion at any time and without notice.   

 

Content

The information and content on this website is not intended to be a substitute for professional advice, diagnosis or treatment. Hamish McBeth does not endorse any specific veterinarians, products, tests, procedures, opinions or any other information that may be mentioned on the Website. 

Always seek the advice of a qualified veterinarian with any questions or concerns that you have regarding an animal's medical condition. Do not disregard information or advice of a professional veterinarian or delay seeking it due to information on this Website. Relying on the information stated on this Website is done so at your own risk. 

Whilst we do our best, we cannot guarantee that the colours shown on the website exactly reproduce the colours of our products. This may depend on the colour reproduction on your computer or mobile device. 

Information on this website is subject to change without notice.  

 

Orders

Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. Hamish McBeth Pty Ltd reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with Hamish McBeth only comes into existence when it forwards confirmation of receipt of your order and payment.

 

Prices

Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but are subject to change without notice and are subject to availability. Australian prices displayed on this website are inclusive of GST applied at the rate of 10%. Non Australian prices are exclusive of GST.

You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.

 

Delivery

The delivery times are indicative only and Hamish McBeth Pty Ltd will not be liable for any failure to observe these delivery times.

 

Risk and Title

Hamish McBeth Pty Ltd will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.

 

Refunds

The circumstance in which Hamish McBeth Pty Ltd is obliged to make a Refund is detailed in its Refunds Policy.

 

Limitation of liability

Hamish McBeth Pty Ltd will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Hamish McBeth Pty Ltd has been advised of the possibility of such damages.

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Hamish McBeth Pty Ltd for any breach of such term, condition or warranty shall be limited, at the option of Hamish McBeth Pty Ltd, to any one or more of the following:

(a) if the breach relates to goods:

  • the replacement of the goods or supply of equivalent goods;
  • the repair of such 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; and

(b) if the breach to relates to services:

  • the supplying of the services again;
  • or the payment of the cost of having the services supplied again.

 

Disclaimer

While the information contained in the website is believed to be accurate and current, it is provided by Hamish McBeth Pty Ltd in good faith on an “as is” basis. Hamish McBeth Pty Ltd, its' directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website.

To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, or a state or territory in Australia other than NSW, it is not directed to persons in those countries or state or territory and they should not use the website.

 

Indemnity

 

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

Hamish McBeth is not liable for any damages whatsoever including any special indirect or consequential damages resulting from loss of use of data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Site or the information contained in it. Hamish McBeth does not warrant that the Website will be uninterrupted or error free. 

You should seek independent advice before acting on any material or information contained in this Website of any link to a third party web site and you must not provide any warranties to third parties in relation to the contents or performance of the Website. 

 

Copyright

Hamish McBeth Pty Ltd is the copyright owner of the content of the website or is licensed by the copyright owner to use the content on the website. Except as permitted by the Copyright Act 1968 (Cth) no part of the website may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Hamish McBeth Pty Ltd.

 

Viruses

Hamish McBeth Pty Ltd does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Hamish McBeth will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Hamish McBeth, it shall be limited to the cost of re-supplying that information.