Terms of service
Terms of Service
These Terms of Service apply to your use of the Max & Blu website and any purchases made through our online store.
Max & Blu (“Max & Blu”, “we”, “us” or “our”) operates this website and online store. Our ABN is 72 942 613 057.
By accessing our website or purchasing from us, you agree to these Terms of Service together with any other policies referenced on our website, including our Privacy Policy, Shipping Policy and Refund Policy.
1. Online Store
You must be legally capable of entering into a binding agreement to purchase products through our website.
You must not use our website, products or services for any unlawful or unauthorised purpose, or interfere with the operation or security of our website.
We reserve the right to refuse or cancel an order where reasonably necessary, including where we suspect fraud, unauthorised resale, pricing or inventory errors, or misuse of our website.
If we cancel an order after payment has been received, we will refund the applicable amount to your original payment method.
2. Products
We aim to describe and photograph our products as accurately as possible.
Colours may appear slightly different depending on your device, screen settings and lighting. Minor variations in colour, texture, pattern placement or finish may also occur between products where materials or manufacturing processes naturally result in variation.
Product measurements and sizing information are provided as a guide. Please refer to our Size Guide before purchasing.
We may change, discontinue or limit quantities of products at any time.
3. Pricing and Payment
All prices displayed on our Australian store are in Australian dollars (AUD) unless otherwise stated.
Prices, promotions and product availability may change without notice.
You agree to provide accurate and complete billing, shipping and contact information when placing an order.
Payment is processed through the payment methods available at checkout. We do not directly store your complete credit or debit card details.
If an obvious pricing or product information error occurs, we reserve the right to correct the error and, where appropriate, cancel and refund an affected order.
Nothing in this section limits any rights you may have under Australian Consumer Law.
4. Orders
An order is not considered accepted until it has been successfully processed and confirmed by us.
We may limit quantities or cancel an order where reasonably necessary, including suspected fraud, unauthorised commercial resale, stock discrepancies or an obvious pricing error.
If we are unable to fulfil an order after payment has been made, we will contact you and provide a refund for the unavailable item or order.
5. Shipping
We aim to pick and pack orders within 24 hours. This is a processing timeframe rather than a guaranteed delivery timeframe.
Shipping costs, free shipping thresholds, available destinations and estimated delivery information are set out in our Shipping Policy and at checkout.
Delivery timeframes are estimates and may be affected by postal services, customs, weather, peak periods and other circumstances outside our reasonable control.
Customers are responsible for providing a complete and accurate delivery address.
International customers are responsible for any applicable import duties, taxes, customs charges or other fees imposed by their destination country, unless otherwise stated.
Please refer to our Shipping Policy for full details.
6. Returns and Refunds
We accept eligible change of mind returns within 30 days of delivery, subject to the conditions set out in our Refund Policy.
We do not offer exchanges. If you would like another size, colour or product, you may return an eligible item for a refund and place a new order.
Return shipping costs for change of mind returns, incorrect sizing or incorrectly ordered products are the responsibility of the customer.
Nothing in these Terms or our Refund Policy excludes or limits your rights under Australian Consumer Law.
Please refer to our Refund Policy for full details.
7. Product Use and Pet Safety
Our products should be used only for their intended purpose and with appropriate supervision.
It is your responsibility to select a product and size appropriate for your pet and to regularly inspect products for signs of damage or wear.
Products that become damaged, excessively worn or unsafe should no longer be used.
Damage resulting from chewing, misuse, inappropriate use or ordinary wear and tear is not necessarily a product fault.
Nothing in this section excludes any rights or remedies available to you under Australian Consumer Law.
8. Australian Consumer Law
Our products come with guarantees that cannot be excluded under Australian Consumer Law.
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded or limited.
Where a product fails to meet an applicable consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy depending on the circumstances and whether the failure is major or minor.
9. Intellectual Property
Unless otherwise stated, the content on this website, including our branding, logos, photographs, graphics, product descriptions, designs, copy and other content, is owned by or licensed to Max & Blu and is protected by applicable intellectual property laws.
You may use our website for personal, non-commercial purposes.
You may not reproduce, copy, distribute, modify, publish, sell or commercially exploit our website content without our prior written permission.
10. Reviews, Photos and User Content
If you submit a product review, photograph, comment or other content to us or directly to our website, you confirm that you have the right to provide that content and that it does not infringe another person's rights.
Where you submit content specifically for publication, you grant Max & Blu permission to display and use that content in connection with our website and promotion of our products.
We may choose not to publish or may remove content that is unlawful, misleading, offensive, inappropriate or infringes another person's rights.
11. Third Party Services and Links
Our store is hosted by Shopify and may use third party providers to support payments, shipping, analytics, marketing and other aspects of our business.
Our website may also contain links to third party websites.
We are not responsible for the content, availability, privacy practices or services of independent third party websites. Your use of third party services may be subject to their own terms and policies.
12. Privacy
We collect and handle personal information in accordance with our Privacy Policy and applicable privacy laws.
Please refer to our Privacy Policy for information about how we collect, use, store and disclose personal information.
13. Website Availability and Information
We aim to keep our website and information accurate and available, but we do not guarantee that the website will always operate uninterrupted or error-free.
We may correct errors, update information or make changes to the website at any time.
To the extent permitted by law, we are not responsible for loss caused solely by temporary website outages, third party service interruptions or circumstances outside our reasonable control.
Nothing in these Terms limits liability that cannot legally be excluded or limited.
14. Prohibited Uses
You must not use our website:
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For unlawful or fraudulent purposes
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To infringe our intellectual property rights or those of another person
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To transmit malicious software or harmful code
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To attempt to gain unauthorised access to our website or systems
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To collect or misuse another person's personal information
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To scrape, copy or commercially exploit website content without permission
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To interfere with the security or operation of our website
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To submit false, misleading, defamatory, abusive or unlawful content
We may restrict access to our website where we reasonably believe these Terms have been breached.
15. Limitation of Liability
To the maximum extent permitted by law, Max & Blu is not liable for indirect or consequential loss arising from your use of our website or products where that loss could not reasonably have been anticipated.
Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded or limited under Australian Consumer Law or other applicable legislation.
16. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes to our business, website, products, services or legal obligations.
The current version will be published on this page.
Changes will apply from the date the updated Terms are published and will not remove rights that have already accrued under an existing purchase.
17. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
You and Max & Blu submit to the jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.
Nothing in this section limits any rights you may have under applicable consumer legislation.
18. Contact
If you have any questions about these Terms of Service, please contact:
Max & Blu
ABN 72 942 613 057
Email: woof@maxandblu.com