Terms and Conditions

Lilo & Co

ABN: 60 299 404 132

Schedule of Definitions:

Account means the online account that the buyer uses to purchase products on the website;

Buyer means the entity to whom Goods are supplied by Lilo & Co;

Buyer Credit means financing provided by Lilo & Co to the Buyer to pay for the supply of Goods provided;

Buyer’s Representative means the Buyer’s employees, agents & contractors;

Contract means a contract of the sale of Goods arising out of an order accepted by Lilo & Co;

Delivery means the Goods have been:
a) handed to the Buyer or the Buyers’ Representative; b) delivered to the carrier or site nominated by the Buyer;

Delivery Services means the delivery of products offered by Lilo & Co;

Delivery Services Providers means third party delivery companies;

Dispute an unresolved claim which arises under these terms and conditions.

Force Majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal/political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure and/or failure of transport systems.

Goods means any goods and or services supplied by Lilo & Co;

GST means Goods and Services Tax as provided for in A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Invoice means the Invoices issued by Lilo & Co in relation to a Contract; and words importing the singular number include the plural and vice versa;

Lilo & Co means Lilo & Co ABN 60 299 404 132 and its assigns;

Member means an account holder under the website who has completed the registration process and agree to be bound by the terms and conditions;

Notice means written notice of a dispute in accordance with Clause 11.2;

Parties means the parties to these terms and conditions;

PPSA means a) the Personal Property Securities Act 2009; and b) the Personal Property Securities Regulations 2010,
as amended, supplemented, or affected by any other applicable legislation of the Commonwealth, or any State or Territory, of Australia;

PPSA Register means the Personal Property Securities Register within the meaning of, and as defined in, PPSA;

Products means purchase products that have been listed for sale by Lilo & Co;

Purchase Order means an invoice, quotation, purchase order or other document detailing the goods wishing to be purchased;

Purchase Services means the service provided by Lilo & Co which allows you to purchase the listed products via the Website or phone service;

Services Address means info@liloandco.com.au

Services Fee means the total monetary amount payable for purchase of products on the website including any associated bank, payment gateway or credit card charges;

Terms means the terms and conditions contained herein within this document;

Warranty means a guarantee to repair or replace the products if they fail to be of acceptable quality and the failure does not amount to a major failure;

Warranty Claim means a claim brought over material defects and workmanship within the warranty period;

Warranty Period means 30 days from the date of purchase; and

Website means https://www.liloandco.com.au and any pages or subpages associated with this domain name.

GENERAL TERMS AND CONDITIONS

About Lilo & Co :
1. Lilo & Co (ABN 60 299 404 132) herein referred to as Lilo & Co or Supplier provides you with an opportunity to browse and purchase products through the Website, for online and phone orders. Please read these Terms and Conditions (the 'Terms') carefully.
2. . By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, Products or any of the Purchase Services, immediately.
3. Lilo & Co reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Lilo & Co updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms.
4. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Availability :
1. Lilo & Co reserve the right to withdraw any Goods or Services from sale temporarily or permanently without prior notice to you for any reason. Some Goods or Services might still appear on this Website for a period of time after that withdrawal but that is not a representation that they are available.
2. Lilo & Co reserves the right to accept or reject your Purchase Order for any reason, including, without limitation, an error in the product description or the price posted on the Website, the availability of the Goods or Services, or an error in your Purchase Order. Your contract with Lilo & Co comes into existence when you receive email confirmation from Lilo & Co containing receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of the likely delivery.
Warranty :
1. Lilo & Co’s Products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
2. Please inspect goods immediately upon arrival. You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 30 days from the date of purchase (the 'Warranty Period').
3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Lilo & Co showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Lilo & Co at P.O Box 325, Panania NSW 2213 or by way of email to info@liloandco.com.au (the ‘Service Address’).
4. Where the Warranty Claim is accepted then Lilo & Co will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. Lilo & Co will take responsibility for any liability and postage or shipping costs incurred in facilitating the Warranty Claim.
5. The Warranty shall be the sole and exclusive warranty granted by Lilo & Co and shall be the sole and exclusive remedy available to you in addition to any other rights under law in relation to the Products to which this warranty relates.
6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
8. In the event that you receive the products or services you have purchased as stated, but that you simply change your mind, you will not be offered a refund.
9. Lilo & Co absolve responsibility in circumstances where you have ordered the incorrect size of an item, as a result of failing to review the specific product sizing guide on the Website. In the event you are unsure of the size to purchase, Lilo & Co recommend you email the customer support with the measurements of your animal’s neck and chest to ensure the correct size is purchased.
10. Refunds will only be in Australian dollars (AUD).
Retention of Title and PPSA :
1. Items and property pertaining to the Goods supplied will remain the property of Lilo & Co and will not pass on to you until payment of the money owing for the Goods and any other money owing by you to Lilo & Co has been fully paid.
2. You shall, at the request of Lilo & Co, assist in taking any measures necessary to protect Lilo & Co’s title of the Goods supplied in the country concerned.
3. You must inform Lilo & Co of any seizure or other act of intervention by third parties in relation to the Goods supplied.
4. Until the Goods have been paid for in full:
  - you have possession of the Goods as bailee only;
  - you must properly store, protect and insure the Goods, including storing them in a manner that shows clearly that they are the property of Lilo & Co; and
  - you may sell or consume the Goods, in the ordinary course of business, but only as the fiduciary agent of Lilo & Co.
5. You have no authority to bind Lilo & Co to any liability by contract or otherwise and must not purport to do so.
6. You must, if requested by Lilo & Co, deliver up the Goods to Lilo & Co, failing which Lilo & Co is irrevocably authorised to enter the place where the Goods are stored and repossess the Goods, if:
  - you fail to pay a due amount following demand by Lilo & Co;
  - you commit an act of bankruptcy;
  - a receiver is appointed to you;
  - you go into liquidation, administration or some other form of insolvency administration;
  - you cease to carry on business;
  - you enter into a scheme or compromise with its creditors.
7. Lilo & Co’s property in the Goods is not affected if the Goods become a fixture attached to your or a third party’s premises.
8. The provisions of this clause 5 apply despite any arrangement between the parties under which Lilo & Co grants you Buyer Credit.
9. Lilo & Co may commence legal action against you if Goods are not paid for, although property in the Goods has not passed to the Buyer.
10. You irrevocably agree and consent to Lilo & Co registering their interest in the Goods on the PPSA Register pursuant to the provisions of the PPSA.
Product Safety and Responsibility :

You accept responsibility for the proper storage and use of the Goods and must ensure that the Goods are stored and used without risk to people, animals or to the environment.
Shipping and Delivery :
1. We endeavour to get your order to you as soon as possible. Once your Purchase Order is placed, an estimated delivery time will be provided to you. Delivery times are estimates only and commence from the date of shipment, rather than the date of Purchase Order. Delivery times are to be used as guide only and are subject to the acceptance and approval of your order. Estimated arrival dates are not guaranteed.
2. Date of delivery is quoted in good faith and in the light of conditions and circumstances prevailing at the time, but no responsibility is accepted by the company for delay due to strikes, lockouts, machinery breakdowns, shortage or unavailability of materials, delays in transport or any other cause beyond the company’s control. Weather delays and other unforeseen circumstances may impact delivery time. Unless there are exceptional circumstances, we will make every effort to fulfil your Purchase Order.
3. In circumstances where you pre-order an item on the Website, the complete order will be shipped when all products become available.
4. The delivery fees are calculated from Poochh & Co’s principal place of business, unless otherwise expressly stated in writing.
5. Where Lilo & Co is unable to deliver the goods, it may charge you all costs and expenses associated with the delayed delivery.
6. Lilo & Co will be deemed unable to deliver the goods including where (without limitation):
  1. you are unable or unwilling to accept the delivery;
  2. the site where the delivery is to take place is deemed unsafe or unsuitable by Lilo & Co; or
  3. you do not pay the price for the goods in cash or by cheque or by credit card where the goods were supplied on a payment on or before delivery basis.
7. You will not be relieved of any obligation to accept the goods and to pay Lilo & Co for the goods by reason of any delay in delivery.
8. Lilo & Co has no liability for any loss or damage consequential or otherwise for failure to deliver the goods or for late delivery of the goods.
9. You indemnify Lilo & Co against any loss or damage you might suffer or incur arising out of delivery of the goods to anywhere other than a kerbside or road.
10. In the event that an item is lost or damaged in the course of delivery, Lilo & Co asks that you:
  1. contact the delivery service provider directly to request a refund or claim on any insurance options available; and
  2. contact us, outlining in what way the products were damaged in transit so we are able to determine if the delivery service provider should be removed.
  3. Lilo & Co accepts no responsibilities or liabilities for deliveries after they have been left at your designated delivery address. Risk and title in the Goods pass to you on the date and time of delivery of the Goods to the delivery address provided in your order.
  4. You acknowledge and agree that Lilo & Co’s delivery drivers are not authorised representatives of Lilo & Co for any purposes arising under this clause. Lilo & Co may integrate delivery through the use of third party delivery companies. These third party delivery service providers and delivery companies are not authorised representatives of Lilo & Co for any purposes arising under these Terms. You acknowledge that Lilo & Co is not the provider of these third party delivery options and merely facilitates your interaction with the third party delivery service providers and delivery companies.
International Customs, Duties and Taxes :

All orders shipping to a destination outside of Australia are subject to the import duties, fees, and taxes of the destination country. Delays in delivery may occur if your package is randomly selected by your country’s Customs Department. Lilo & Co is not responsible for any possible customs and taxes applied to your order. We have no control over the process or additional charges associated with the delivery and importation of your order (package) into your country. We do not benefit in any way from these chargers and we work very closely with our brokers and carriers to ensure as few delays as possible. All fees imposed during or after shipping are the responsibility of the customer. You agree that you are responsible for any duty, taxes, and custom requirements or other similar taxes, fees, levies, costs or expenses associated with importing products you purchase from us and shipping them internationally.
Copyright and Intellectual Property :
1. The Website, the Purchase Services and all of the related products of Lilo & Co are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interaction features) or the Services are owned or controlled for these purposes and are reserved by Lilo & Co or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by Lilo & Co, who grants to you a worldwide, non exclusive, royalty free, revocable license whilst you are a Member to:
  - use the Website pursuant to the Terms;
  - copy and store the Website and the material contained in the Website in your device’s cache memory; and
  - print pages from the Website for your own personal and non-commercial use.
  Lilo & Co does not grant you any other rights whatsoever in relation to the Website or the Purchase Services. All other rights are expressly reserved by Lilo & Co or its contributors.
3. Lilo & Co retains all rights, title and interest in and to the Website and all related Purchase Services. Nothing you do on or in relation to the Website will transfer any:
  - business name, trading name, domain name, trade mark, industrial patent, registered design or copyright, or
  - a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  - a thing, system or process that is subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.
Payment :
1. Prices for goods will be as per the Supplier’s prices as listed on the website.
2. The Purchaser agrees to the fees for any Services listed on the Website which may be amended from time to time at the Website Provider’s discretion.
3. Should the Purchaser’s credit or debit card expire or be cancelled, it is your responsibility to provide the Website Provider with your new credit card details to ensure any payments can be successfully debited.
4. If and when applicable, GST payable on our Services will be set out on our invoices. By accepting these Terms, the Purchaser agrees to pay the Website Provider an amount equivalent to the GST imposed on these charges. GST means GST as defined in the A New Tax System (services and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
5. All amounts are in Australian dollars and include GST. The Website Provider is not responsible for exchange rate fluctuations or changes in GST rates and reserves the right to increase the gross price should GST and/or any other rates increase.
6. The Purchaser understands that the pricing structure, payment methods, payment processes and these Terms and Conditions may be amended at any given time at the Website Provider’s sole discretion.
Dispute Resolution and Defamation :
1. The Purchaser agrees not to post any content on any website(s) or social media accounts that is or could reasonably be considered to be inappropriate, defamatory, disparaging or would otherwise bring the Website Provider into disrepute.
2. If any dispute arises in connection with this Agreement or Services (Dispute):
  - The party raising the Dispute must notify the other party of the Dispute, with sufficient detail to enable the dispute to be considered (Dispute Notice); and
  - The parties must engage in confidential senior level negotiations, with a view to resolving the Dispute.
3. If a Dispute has not been resolved within 14 days after the Dispute Notice is given, the parties agree to refer the Dispute to mediation, as soon as practicable, in accordance with such rules as the parties may agree, or failing such agreement, as specified by the President of the Law Society of New South Wales.
4. If a Dispute has not been resolved following mediation, the Dispute must be referred to arbitration conducted in English, in Sydney and in accordance with the ACICA Arbitration Rules. The number of arbitrators will be one if the amount in Dispute is less than $10 million or three if the amount is greater than $10 million.
5. No court proceedings may be commenced in relation to a Dispute other than in accordance with section 34A of the Commercial Arbitration Act 2010 (NSW) or to seek urgent relief.
Privacy :

Lilo & Co takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Lilo & Co’s Privacy Policy, which is available on the Website.
Liability and Indemnity :
1. Lilo & Co is not liable for any loss caused to the Purchaser by Force Majeure and shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the Goods is reduced or suspended as a result of the force majeure, and notification is within reasonable time of acceptance of the Purchase Services and prior to transfer of ownership, you shall be entitled to terminate the agreement.
2. Lilo & Co’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
3. You expressly understand and agree that Poochh & Co, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
4. In relation to the supply of goods, to the extent permitted by the ACL, the Supplier’s liability is limited to:
  In relation to the supply of services to the extent permitted by the ACL, the Supplier’s liability is limited to:
  - supplying the service again; or
  - providing for the cost of having the services supplied again.
5. To the extent permitted by the ACL, the Supplier is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Purchaser.
6. The obligations under this clause will survive termination of these Terms.
General Disclaimer :
1. The Terms and Conditions of this Agreement are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
2. Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
3. Lilo & Co will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
4. Subject to this clause, and to the extent permitted by law:
  - all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
  - Lilo & Co will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5. Use of the Website and the Purchase Services is at your own risk. Everything on the Website and the Purchase Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Lilo & Co make any express or implied representation or warranty about the Purchase Services or any products or Purchase Services (including the products or Services of Lilo & Co) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  - failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  - the accuracy, suitability or currency of any information on the Website, the Products, or any of its Purchase Services related products (including third party material and advertisements on the Website);
  - costs incurred as a result of you using the Website, the Purchase Services or any of the products of Lilo & Co; and
  - the Purchase Services or operation in respect to links which are provided for your convenience.
6. After giving you notice, Lilo & Co may vary these terms & conditions from time to time.
7. Lilo & Co may assign the benefit of these Terms and Conditions to any person.
Notice :

Any notice required or permitted to be given by either party to the other under these conditions will be sent by way of email to the address provided by the Purchaser at the time of sending. Sufficient notice will be deemed to have been served on the expiry of 24 hours after the email correspondence has been sent.
Governing Law :

The Terms and Conditions contained within this Agreement are governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales. The Purchaser cannot bring a claim, suit or action arising out of any part of this Agreement in a different jurisdiction, regardless of the Purchaser’s geographical locations.
Entire Agreement :

These Terms and any document expressly referred to in them represent the entire agreement between the Purchaser and the Website Provider and supersedes any prior agreement, understanding or arrangement between the Purchaser and the Website Provider, whether oral or in writing. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

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Terms and Conditions

GENERAL TERMS AND CONDITIONS