Warranty, Refund and Returns Policy

WARRANTY AND RETURNS POLICY

 

TERMS AND CONDITIONS

This Warranty and Returns Policy is subject always to the Sale of Goods Terms and Conditions. In the event that there are any inconsistencies between this Warranty and Returns Policy, and the Sale of Goods Terms and Conditions, the Sale of Goods Terms and Conditions will take precedence to the extent of that inconsistency.

Capitalised terms in this Warranty and Returns Policy that are defined in the Sale of Goods Terms and Conditions have the same meaning.

 

AUSTRALIAN CONSUMER LAW

Under the Australian Consumer Law, there are certain implied guarantees with respect to the supply of goods and services which cannot be excluded by contract.

 

These implied guarantees include:

 

    1. Guarantee as to acceptable quality – that is, the goods that we supply will be:
      • fit for the purposes for which the goods are commonly supplied;
      • acceptable in appearance and finish;
      • free from defects;
      • safe; and
      • durable
  1.  
  2. Guarantee as to fitness for a disclosed purpose – that is, if you tell us the purpose for which you wish to use the goods, and we represent that the goods are fit for that purpose, there is an implied guarantee that the goods will be fit for that purpose.
  3. Guarantee relating to supply of goods by description – that is, we guarantee that the goods that you purchase from us will correspond with the description provided in our online store;
  4. Guarantee as to repairs and spare parts – that is, we will take reasonable action to ensure that the facilities to repair, and any spare parts, are reasonably available for a reasonable period.

 

COMMITMENT TO QUALITY
We are committed to providing you with quality products and stand behind the quality and durability of our products. Our products come with the guarantees that cannot be excluded under the Australian Consumer Law.

 

WARRANTY

We warrant our goods for thirty (30) days (“Warranty Period”) from the date that you place the Order for the goods. If, during the Warranty Period, our Goods:

  • are not of an acceptable quality – such as a fault or other defect;
  • is not fit for the purpose that you have disclosed to us, and which we have represented that the Goods are fit for that disclosed purpose; or
  • do not correspond with the description of the Goods in our online shop,

You may report such failures to us in writing within forty-eight (48) hours after discovering such defects. Please provide us with pictures of such defects, and as much detail as possible about the defects in the Defective Goods.

We will accept returns in circumstances where:

  • you have received Goods which does not correspond with the description of the Goods as stated in our online store; or
  • the Goods which you have received are defective in any way.

If the Goods fall into one of the above categories, but is not a Major Failure within the meaning of section 260 of the Australian Consumer Law, we will at our discretion replace or repair the Defective Goods. You may request that we provide you with a store credit instead.

Alternatively, if the defect is a Major Failure in accordance with the Australian Consumer Law, we will, at your request, refund the Purchase Price of the Goods.

After notifying us of the Defective Goods, we may then provide you with the necessary information to return the Goods to us.

 

ASSESSMENT OF WARRANTY CLAIM

Depending on the nature of the issue, we may need to inspect the Goods to determine the cause of any such defect. If, after inspection, we determine that the warranty claim is to be upheld, then:

This warranty is subject always to the warranty conditions as stated in our Sale of Goods Terms and Conditions. If we determine that the cause of the defects are expressly excluded under the Sale of Goods Terms and Conditions, we will notify you of our decision and return the Defective Goods to you.

 

EXCLUSIONS

We will not cover any failure as that has been caused in whole or in part by:

  • fair wear and tear;
  • neglect or abuse;
  • unauthorised repairs, modifications or disassembly;
  • cosmetic wear and tear such as fading or discolouration including due to environmental exposure;
  • accident, contamination or physical damage;
  • failure to secure the CEWS System in accordance with the applicable usage instructions and guides;
  • use of the Goods beyond its design limitations or for purposes for which it is not designed;
  • repair or modifications which are not in accordance with CEWS’s or OEM’s recommendations, usage instructions or guidelines;
  • use of the product beyond its design limitations, or for purposes for which it is not designed;
  • maintenance, repair, installation or storage otherwise than in accordance with CEWS’s or the OEM’s recommendations and guidelines;
  • failure to follow care instructions, including instructions relating to the use of detergents and other cleaning agents
  • use of the product on animals other than dogs and their handlers
  • any use of any Goods otherwise than for any application specified on the product, including any custom or modified applications:
  • use in conjunction with any counterfeit parts, parts which are not supplied by CEWS, or which are not described by CEWS or the manufacturer as compatible with the Goods, including any straps, carabiners or buckles;
  • any product (including any straps, carabiners and buckles) not manufactured or supplied by CEWS in conjunction with the Goods;
  • the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
  • fair wear and tear, any accident or act beyond the parties’ reasonable control or influence.

 

CUSTOMER OBLIGATIONS

The Customer must:

  •  follow all and care usage instructions and guidelines set by CEWS or the manufacturer
  • not use the Goods beyond its design limitations, or for purposes for which it is not designed – such as on animals other than dogs

 

 

EXCLUSION OF LIABILITY AND DISCLAIMERS

 

The Customer acknowledges and agrees that:

 

(a)           The CEWS System and its individual components are designed for supervised walking and training activities with dogs, and must only be used in accordance with the specified usage instructions and guidelines.

 

(b)          The CEWS System has been designed and manufactured for use with healthy dogs of various sizes. In particular, it has been tested on a number of different breeds of dogs, including American Staffordshire Bullterriers; English Staffordshire Bullterriers; Labradors; Golden Retrievers; White Swiss Shepherd; Pointers; Malinois; Mastiff; Labradoodles; Groodles; Poodles; Boerboels; Cane Corso; Kelpies; Border Collies; Australian Shepherds; Rottweiler; Doberman; Brachycephalic breeds such as French Bulldogs, American Bulldogs, Australian Bulldogs.

 

(c) The CEWS System is not designed for, and not intended to be used:

 

  1. on dogs with physical injuries, disabilities, or pre-existing medical conditions which may be exacerbated by the wearing of harnesses or by engaging in physical activity;
  2. as a restraint mechanism in vehicles or for tethering purposes;
  3. on any other animals other than dogs.

 

(d)          The CEWS System is designed to support safe, calm and confident walking experiences with appropriately trained dogs, but they are not intended as a substitute for preliminary training. Dogs should be trained to behave in an appropriate, calm, gentle manner before using the CEWS System to ensure effectiveness. Damage to the CEWS System, personal injury or death may occur as a result of untrained or erratic behaviour of dogs.

 

(e)          the CEWS System is intended to be used by Customers or handlers having physical strength and fitness to take part in physical activities with a dog, with no physical injuries, disabilities or pre-existing medical conditions that may be exacerbated by participating in physical activities with a dog. However, physical activities have an inherent risk of injury or death, both to the Customer or handler and to the animal, which may occur whether or not the CEWS System has been correctly worn and adjusted, and whether or not the animal and the Customer or handler are of a reasonable level of physical strength and fitness having regard to the physical exertion that may be required in taking part in physical activities with a dog.

 

(f)            While the CEWS System may assist the Customer or handler with pre-existing medical conditions such as arthritis, shoulder or hand injuries, the Customer and the handler acknowledges that they are solely responsible for seeking the advice and approval of a qualified medical practitioner before using any part of the CEWS System or participating in any physical activities with animals.

 

(g)           The Customer acknowledges that from time to time, CEWS may make improvements or changes to the design of the product, which may differ from that which is described on the website. However, these changes do not affect the quality, functionality, or suitability for its intended purpose of the CEWS System or any of its individual components.

 

(h)          To the greatest extent permitted by Law, the Customer accepts and agrees CEWS expressly disclaims and excludes any liability for personal injury or death of any person or animal occasioned by the use of any part of the CEWS System in a manner contrary to its intended use or for purposes for which the CEWS System has not been designed as outlined in the Sale of Goods Terms and Conditions, or the Customer’s or handler’s failure to seek or adhere to medical advice prior to using the CEWS System, except to the extent such personal injury or death is the direct result of negligence or wilful misconduct on the part of the CEWS Parties.

 

In no event will the CEWS Parties be liable for special, incidental, indirect, consequential or punitive damages, costs expenses or losses of any kind, lost profits, lost revenue, loss of management time, opportunity costs, failure to realise anticipated savings, or lost or incorrect data.

 

This exclusion of liability regardless of the form of action, damage, claim, liability, cost, expense or loss whether in contract, statute or tort (including without limitation to negligence) or otherwise. To the extent that this clause refers to persons other than CEWS, CEWS holds the benefit of this clause on trust for them.

 

The Customer acknowledges that the collection, storage and provision of data on local and remote servers presents inherent security risks and risk of loss. CEWS will take all reasonable precautions to ensure the security of such information. However, the Customer agrees that it will not hold CEWS liable for any loss, theft or corruption of any data collected, stored or provided by CEWS or any damage that the Goods may cause to any of the Customer’s existing infrastructure that does not directly result from the gross negligence of CEWS.