Terms of service
By accessing and viewing this website, you are indicating your agreement to the following terms and conditions (Terms). You acknowledge that by accessing and using this Website or Products, you are bound by these Terms. Please note that we reserve the right to modify the Terms at any time. Your continued use of the Website signifies your acceptance of any revised terms and conditions.
Usage
You agree to utilize the Website solely for personal, non-commercial purposes and to refrain from using or allowing its use for any commercial or non-personal objectives. The information sourced from the Website must not be deleted, duplicated, or replicated without explicit authorization, and should be accessed lawfully and in compliance with the specified Terms. Furthermore, any form of disruption to the Website, such as tampering with its software, is strictly prohibited.
Functionality
We strive to maintain the Website's optimal performance, but we cannot guarantee uninterrupted or error-free access to the Website. We are not liable for any downtime or unavailability of the Website.
Orders
When an order is placed with us, it constitutes an offer from you to purchase a specific Product/s at the indicated price displayed on the Website at the time of the order, and in accordance with these Terms. However, please be aware that we retain the right to decline your offer to purchase Products for any reason, including but not limited to pricing errors, inaccuracies in Product descriptions, attempts to purchase quantities exceeding normal retail limits, and unavailability of the Product. In such cases, we may reach out to you to discuss alternative arrangements.
Please note that the prices and availability of Products are subject to change without prior notice. Mystic Exotics cannot be held responsible or liable for any lack of stock or sold out items due to issues with third-party suppliers or manufacturers. If such a situation arises, we may contact you to provide alternative options, issue a refund, or offer store credit. Additionally, Mystic Exotics reserves the right to impose limits on purchases to ensure they align with normal retail quantities.
Intellectual Property
The Content cannot be reproduced, published, or transmitted without obtaining prior written consent from the Owner. Violation of copyright, trademark, and/or other intellectual property rights may lead to civil and/or criminal consequences.
Typographical Errors
Should a Product be mistakenly listed at an inaccurate price due to a typographical error or misinformation from our suppliers, Mystic Exotics retains the authority to reject or annul any orders made for Products with the incorrect price. In such cases, customers may be eligible for a refund or store credit, with decisions made on a case-by-case basis.
Content
Please be aware and agree that:
- The information available on the Website or any other material accessed through the Website is general information and should not be considered or used as advice.
- The content on the Website is subject to change without prior notice. Mystic Exotics reserves the right to update and modify the Website without notifying its users.
- While Mystic Exotics strives to ensure that the information and other material provided on the Website is current, reliable, accurate, and complete, all information and material on the Website are provided in good faith on an "as is" basis. To the extent permitted by law, we do not guarantee or make any representations regarding the currency, accuracy, reliability, or completeness of the information and material provided on the Website.
- Mystic Exotics, including its directors, officers, employees, agents, representatives, and third-party content providers, cannot be held responsible for any loss (whether direct or indirect) or liability arising from your reliance or actions taken based on the information or material accessed through the Website. This includes any errors or omissions in the information provided on the Website.
- The photographs, illustrations, and packaging images displayed on the Website are representations of the advertised products, and the actual appearance of the products may vary.
- It is your responsibility to conduct your own inquiries and seek independent advice before making any decisions or relying on the information or material provided on the Website.
Please note that we may need to update our products from time to time without making any public announcements. Also, while we have our own veterinarian and vet nurses on board to help us out with pet food, medicines and more, we ask that you use any information provided on our website as a guide only. Always consult your own veterinarian for more information.
THIRD PARTY INFORMATION
The product details on our website are primarily obtained from third parties, such as manufacturers, suppliers, and retailers (Third Party Information). By accessing Third Party Information on our Website, you acknowledge that it is provided as a complimentary service for your convenience. While we strive to ensure accuracy, any reliance on Third Party Information is at your own risk. Mystic Exotics does not guarantee the accuracy, currency, reliability, or completeness of Third-Party Information and is not liable for inaccuracies resulting from incorrect information provided by third parties.
Consumer Guarantees - your right to refund, replacement or credit
The Australian Consumer Law (ACL) is the national law governing fair trading and consumer protection. These Terms do not eliminate, restrict, or alter any rights, remedies, or consumer guarantees available to you under the ACL.
You have the right to request a refund, replacement, or credit from Mystic Exotics if a product fails to meet any of the automatic consumer guarantees outlined in the ACL, such as:
- The product being faulty or of unacceptable quality;
- The product not matching the product description; and
- The product being unfit for its intended purpose (not performing as expected).
Consumer guarantees do not apply if you:
- Have caused damage to the product;
- Have mistreated or abused the product;
- Have changed your mind, found a cheaper alternative, or simply do not like the product after purchase; or
- Were aware of the faults before purchasing the product.
To claim a refund, replacement, or credit from Mystic Exotics, you must provide proof of purchase.
Please note that refunds are not available if you have damaged the product or simply changed your mind. Remember to always retain your receipt!
Limitation of Liability
Mystic Exotics' liability will not exceed the following under any circumstances:
- for products: replacement of the products, supply of equivalent products, repair of the products, payment for replacement or acquisition of equivalent products, or payment for repair; or
- for services: re-supplying the services, or payment for having the services supplied again.
Indemnity
You agree to protect and release us, along with our affiliated entities, partners, as well as our and their officers, agents, and employees, from any claims, demands, losses, and damages (including legal fees) of any kind and nature, known or unknown, arising from your violation of these Terms or any law or third-party rights.
Delivery
We make every effort to guarantee that all Products are delivered promptly and punctually. Nevertheless, there may be occasional delays due to shipping and other factors beyond our control. Mystic Exotics is not responsible for any loss or damage incurred by individuals because of such delays, and we are not liable for any inaccuracies in the information provided regarding delivery dates and times. Mystic Exotics retains the right to refuse shipment to remote or rural areas.
We strive to process and dispatch orders quickly. If your order has not been packed yet, we may be able to cancel it for you.
Please be aware that once an order has been accepted by Mystic Exotics, it may not be possible to make changes or cancel it.
If you need to cancel a delivery order before it has been shipped, please reach out to us.
Thank you for choosing us for your purchase.
Please note that all sales are final once the order has been packed or shipped. If you need to delay your shipment, please contact us.
Changes to your order can be made if it has not left our facility. If the order has already been shipped, you must return the product unopened and untampered for assistance. Return shipping costs are the responsibility of the buyer.
For special orders, payment is required upfront. This applies to products not typically stocked, such as enclosures, certain globes, and lights. If you are unsure about a product, please contact us to confirm. These orders are non-refundable, non-returnable, and non-exchangeable due to our stocking policies.
Severability
If any part of the Terms is considered invalid, illegal, or unenforceable, it will not impact the validity, legality, or enforceability of the other terms. The remaining terms will continue to be fully valid and enforceable.
Capacity
To utilize the Website, individuals must be at least 18 years old and/or capable of entering into a legally binding agreement.
Law
The laws in Australia shall govern these Terms and your utilization of the Website. Any claim(s) associated with petcircle.com.au, its components, and/or services offered by Mystic Exotics will be subject to the laws of New South Wales, and you consent to resolving the matter in a court located within New South Wales, Australia.
Contact
If you have any questions or concerns in relation to the Website or the Terms please Contact Us.
Interpretation
- Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
- Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
- 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.
Delivery
Delivery fees are determined by various factors such as the size and weight of the products ordered, the value of your order, your chosen delivery address, and the selected delivery option. Unfortunately, we do not currently offer international delivery.
For Standard Delivery, orders in select metro areas usually take 1-3 business days for delivery. For most other areas, please allow 2-6 business days. Standard orders are typically delivered Monday-Friday (excluding Public Holidays) between 8am-6pm. In some cases, a Standard Delivery order may be split into two separate deliveries to your address.
Live Food
Please note that this item cannot be delivered to Tasmania, Western Australia, or the Northern Territory. Perishable items will only be dispatched if Express Post or Same/Next Day Delivery is chosen at checkout. Additionally, live bugs, plants, or fresh salads are dispatched with Express Post on Mondays, Tuesdays, and Wednesdays. Express orders placed after 8am on Wednesday will be dispatched the following Monday.