Online purchases – Terms and Conditions
These Terms set out the basis on which you can purchase HushMate’s Goods online. By clicking the ‘I accept’ button or otherwise submitting an Order, you agree that you have read, understood and will be bound by these Terms.
1. Definitions
In these Terms, the words below have the following meanings:
Account means your HushMate account that is created when you register as a customer with HushMate through the Website.
Agreement means each Offer which is accepted by HushMate under clause 3(b), and comprises these Terms and the Order.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.
Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.
Delivery Fee means the delivery fee, if any, notified by HushMate to you from time to time. The Delivery Fee may vary depending on the delivery location and delivery terms and may not be refundable.
Force Majeure Event means an event that is beyond the reasonable control of HushMate which prevents HushMate from fulfilling any of its obligations under an Agreement, including Australia-wide or global pandemic (or related government regulation or action), strike, lockout, fire, flood, inability to source materials, parts or labour.
Goods means the goods to be supplied to you under an Agreement, including pet products and any other products the subject of an Order that is accepted by HushMate , which for the avoidance of doubt does not include any insurance products which may be purchased on or through our Website or otherwise.
Intellectual Property Rights means any and all intellectual property rights anywhere in the world including but not limited to the rights comprised in any patent, copyright, design, trade mark or similar right whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those or like rights and right to protect trade secrets and know how, throughout the world for the full period of the rights and renewals and extensions.
Offer has the meaning provided to it in clause 3(b).
Order means any order you submit to HushMate through the Website to supply any Goods to you.
HushMate means HushMate ABN 90 457 549 541.
Purchase Price has the meaning provided to it in clause 4(a).
Tax or Taxes means any tax, levy, duty, charge, impost, fee, deduction or withholding (including withholding tax, excise and import duties, consumption tax, value added tax or any other taxes, levies or charges) which is assessed, levied, imposed or collected by any government agency, and includes any interest, fine, penalty, charge, fee or any other amount imposed on or in respect of any of those amounts.
Terms means these terms and conditions.
Website means the HushMate website accessible at www.hushmate.com.au or any other website through which Goods are made available from time to time.
2. Application
a. (these Terms): These Terms apply to and govern the supply of Goods to you under any Order placed by you using the Website
b. (Use of this Website): Your use of the Website must also comply with HushMate’s website terms of use which are set out in this document (see Part B – Website Terms of Use)
3. Formation of Agreement
a. In order to place an Order with HushMate, you first need to create an Account with us.
b. By submitting an Order, you make an irrevocable offer for HushMate to supply you with the Goods on the terms of:
– these Terms; and
– the Order
(Offer).
c. An Agreement will be formed when HushMate accepts your Offer, which it will be taken to have done on the earlier of HushMate:
– notifying you in writing that it accepts your Offer;
– accepting, in full or part, payment from you for any Goods the subject of the Offer; or
– making delivery of the Goods the subject of the Offer to you.
d. You represent and warrant to HushMate that all details provided to HushMate when completing the Order are true and accurate.
e. HushMate is not bound to accept any Offer and may decide not to accept any Offer for any reason and in the sole discretion of HushMate including, without limitation, due to concerns that you are or may be purchasing Goods for resale or a retail purpose.
4. Price and payment
a. Unless otherwise agreed between HushMate and you in writing, the price you must pay for the Goods under each Agreement will be:
– the applicable price for the Goods the subject of your Order set out on the Website from time to time; plus
– the Delivery Fee (if any)
(Purchase Price)
b. Subject to clause 10, unless otherwise expressly specified by HushMate or in these Terms, all prices stated are stated exclusive of Taxes and you are solely responsible for the payment of all Taxes levied or payable in respect of the Goods.
c. HushMate requires payment of the Purchase Price in full at the time an Order is placed by electronic funds transfer or by any other electronic payment means accepted by HushMate from time to time.
d. You acknowledge and agree that:
– you must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means or for a resale or retail purpose;
– all pricing displayed on the Website may differ depending on the postcode you have selected (for example, the price for a Good in Sydney may differ to the price for that same Good in Melbourne);
– prices for Goods change from time to time and HushMate does not provide any notice of these changes. Subject to these Terms, once HushMate has accepted your Order, HushMate will not change any prices that apply to the Goods in that Order.
e. Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
f. We must receive payment for the Goods in full before they are despatched.
g. We accept payment via Paypal, Afterpay or Stripe (where applicable) and most major credit and debit cards including Visa, Mastercard. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All payments will undergo validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
h. Your card provider may charge You for using Your card. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
i. If We do not have sufficient stock of Goods, We will notify You by e-mail and Your transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of Your Order. We will not be responsible for any compensation if Goods which You order are not available for any reason.
j. If you choose to make your payment by Afterpay, or PayPal, you understand and agree that we are not liable for any fees or additional costs charged to you by Afterpay, and/or PayPal, and that such costs are your responsibility.
k. If you attempt to make a purchase and the cart price is different to the advertised price, please contact customer care before purchasing so that we may investigate.
5. Delivery of Goods
a. HushMate will deliver the Goods to you in the manner:
i. determined by HushMate; or
ii. as otherwise agreed between HushMate and you (which may include collection by you).
b. HushMate will endeavour, but is not obliged, to deliver Goods or make the Goods available for collection between the hours of 9.00 am and 5.00 pm Monday to Friday at the place of delivery (excluding on any public holiday at the place of delivery).
c. HushMate may, from time to time, be unable to deliver to certain areas or regions and you will be made aware of this upon providing your delivery details as part of placing an Order. If we are unable to deliver to your delivery address, we will not process your Order
d. You authorise HushMate and its agents to enter the delivery address specified in your Order in order for HushMate or its agent to deliver the Goods to you.
e. HushMate is not obliged to accept delivery instructions which require it or its agent to deliver the Goods beyond the front door or other entry point of your premises. To the extent that you request and HushMate agrees to deliver in this manner, you indemnify HushMate and its directors, employees, contractors or agents against any loss suffered or otherwise incurred from the delivery of the Goods beyond the front door or other entry point of your premises.
f. You must, prior to taking possession of the Goods, inspect the Goods and promptly notify HushMate in writing if the Goods are not fit for any purpose, are past their expiry date, are less than the number meant to be delivered under the Agreement or have any defect.
g. Without limiting any rights you may have under the Australian Consumer Law or clause 6, if you return or decline to accept any delivery of the Goods (including failure to collect the Goods), HushMate will be entitled to:
i. payment for those Goods;
ii. treat the obligation to supply the remainder of the Goods (if any) as cancelled by you.
h. HushMate will use its reasonable endeavours to deliver the Goods on any date specified or estimated by HushMate, however you acknowledge that:
i. these dates are estimates only; and
ii. if HushMate does not currently stock a particular Good, then there may be a delay in the supply of that Good until HushMate has restocked that Good.
i. Without limiting clause 5(h), HushMate may deliver or provide a portion of the Goods and may invoice or otherwise charge you for that portion. You may not refuse to accept delivery of the Goods or to pay for the delivered portion of the Goods because only a portion of the quantity ordered was delivered or provided and you agree that HushMate will not be liable for any loss that you suffer as a result of any delay or cancellation.
j. HushMate or its agent may rely on any person who is at the delivery address specified in an Order and who takes receipt of Goods, as being authorised by you to do so and you warrant that the person receiving the Goods at the delivery address or collecting the Goods on your behalf is authorised by you to do so.
k. HushMate reserves the right not to deliver Goods where it determines in its absolute discretion (or in the discretion of its agents) that it is not appropriate to do so, including without limitation where:
i. there is no one at the delivery address specified in the Order to receive the Order;
ii. we cannot access the delivery address;
iii. we are unable to determine a suitable spot to deliver your Order (for unattended deliveries); or
iv. the delivery instructions are unclear or unsuitable.
l. You acknowledge and agree that:
i. HushMate may, but will not be required to, provide proof of delivery or other similar documentation (whether at the time of delivery or after);
ii. you will not request proof of delivery or other similar documentation from HushMate.
m. If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by email as soon as reasonably possible after You receive the Goods and become aware of the error. We will make good any error, provided that HushMate will not be liable for any delivery errors notified by you more than 30 days after delivery. We ask You to contact Us in advance to arrange Your return. We will provide a free returns label to return the item(s) back to our warehouse. Any Goods which You receive in error and intend to return should not be used by You and must be returned according to the standards set out in the returns policy.
n. If the Goods are not delivered on the date expected you should notify us of such non-delivery within 30 days of such failure of delivery. Without limiting any rights you may have under the Australian Consumer Law, HushMate will not be liable for any delivery errors 30 days after failure of delivery.
6. Return of Goods
a. If a Good is not of acceptable quality, faulty, defective or damaged, you may have rights under the Australian Consumer Law which are not affected by this clause 6.
b. The HushMate Returns Policy applies to all purchases of Goods using the Website and forms part of these Terms.
c. The HushMate Returns Policy applies in addition to any other rights to which you may be entitled under the Consumer Guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 7 below.
7. If You Change Your Mind
a. You can return your Order to HushMate for a refund, within 30 days of delivery of the Goods. You may also qualify for a refund under our Satisfaction Guarantee policy.
b. You must return the Goods to HushMate (at your own risk and cost) within 30 days of receiving your order by returning them via post to our Returns centre. We will not be responsible for any costs associated with returning the Goods to Us.
c. The Goods must be returned unused with the original packaging, with tags still attached. The original packaging must be returned in the original condition and must not be marked, labelled, damaged, or taped. We request that you use travel safe satchels when returning any item to HushMate.
d. If you are entitled to a refund, you will ordinarily receive a refund for the full purchase price within 14 days of us receiving the returned Goods or proof of postage.
e. Your refund will be returned to the original payment method used when making the purchase. Please note that processing of refunds can take up to 7 business days from when we completed the refund steps on our side to show in your account due to varying bank processing times.
8. If Things Go Wrong
a. We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
b. If You return Goods to HushMate for a reason other than because You’ve changed Your mind, HushMate will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or the Goods have been supplied with unduly limited shelf life. This is subject to You notifying and returning the Goods to HushMate within a reasonable period.
c. We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused by You, whether deliberately or accidentally or through Your negligence, or if You failed to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. We will provide a free returns label for all approved faulty returns. Where You have returned Goods to HushMate without using the free returns label, We will not be liable for any associated costs incurred by You. If We do not find any fault or defect then Your cancellation and refund rights are limited.
d. If You believe that Goods have a defect then You should not make any further use of them before returning them to HushMate.
e. To assist both You and HushMate with the refund process, we ask that You use a tracked postage service for all returns to Our returns centre. Where a parcel is lost in transit, failure to provide Us with a return tracking number and non-receipt of the returns by Us may impact Your rights to a refund.
9. Title and risk of Goods
a. Title to, and property in, any Goods supplied under an Agreement remain with HushMate and will only pass to you once all moneys owing by you to HushMate in respect of the Agreement have been paid in full.
b. Risk in the Goods passes to you on delivery to the delivery address specified in your Order (including where such delivery is to an unattended location).
c. If you return any Goods to HushMate, risk in the Goods passes back to HushMate on confirmation of receipt of the Goods by HushMate.
d. The Goods are sold to you for personal use and consumption and must not be resold or on-supplied to any person for a resale or retail purpose.
10. Liability
a. If Goods supplied by HushMate are faulty, damaged, incorrectly described, have passed their “use by” date or breach a Consumer Guarantee (Fault), HushMate will provide you with either a refund or replacement goods upon presentation by you of proof of purchase and reasonable evidence of the Fault.
b. If you make a claim against HushMate which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee and to the extent permitted by law, HushMate’s liability to you (whether in contract, tort including negligence or otherwise) is limited to an amount equal to the lower of:
i. the cost of replacing the Goods; or
ii. the cost of obtaining equivalent Goods.
11. Notification of claims
You agree to notify HushMate promptly if you become aware of:
a. any claim; or
b. any death, injury or illness, in respect of, or caused by, the Goods.
12. GST
a. In this clause, words and expressions which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended, varied or replaced from time to time) have the same meaning given to them by that Act.
b. Unless otherwise expressly stated in writing in an Agreement, all amounts payable by you in connection with an Agreement do not include an amount for GST. If GST is payable on any supply made by HushMate under these Terms, you must pay to HushMate, in addition to and at the same time as the payment for the supply, an amount equal to the amount of GST on the supply.
13. Privacy
HushMate collects personal information from you, for example, when Orders are placed. HushMate’s Privacy Policy explains how personal information is collected, used and disclosed, how it can be accessed and how complaints are handled.
14. Force Majeure
a. HushMate will not be liable for any failure to perform or delay in performing its obligations under an Agreement if that failure or delay is due to a Force Majeure Event.
b. If a Force Majeure Event under clause 14(a) exceeds 5 days, HushMate may immediately terminate the Agreement by written notice to you.
15. Termination
a. Without limiting HushMate’s other rights under these Terms, and to the extent permitted by law, HushMate may terminate any Agreement with you with immediate effect by written notice to you:
i. if you have breached any term of the relevant Agreement (including these Terms) and, if the breach is capable of remedy, you have not remedied the breach within 24 hours of notice requiring the breach to be remedied; or
ii. in accordance with clause 14(b).
b. Each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.
16. Cancellation
a. Without limiting clause 15, HushMate may cancel or suspend any Agreement at any time without any liability to you by giving you written notice of cancellation or suspension where:
i. HushMate believes (for any reason) that it will be unable to supply the relevant Goods to you;
ii. there is an error in the price of the product description posted on the website in relation to the relevant Good in the Order; or
iii. the Order has been placed in breach of these Terms.
b. If HushMate cancels an Agreement under this clause 16(a) it will provide you with reasonable notice of that cancellation and will refund to you any amounts already paid by you for the Goods subject to the cancellation and which are not provided to you. The refund of any amounts will be your sole remedy against HushMate in respect of any cancellation under this clause 16.
c. Neither an Agreement nor any Offer that has been submitted can be cancelled by you except with the prior written consent of HushMate.
17. Acknowledgements and representations
a. By making an Offer, you warrant and represent to HushMate that you have read and understood these Terms prior to making the Offer, and agree to be bound by them in full.
b. You acknowledge and agree that any price list, goods lists or other similar documents or catalogues issued by or on behalf of HushMate do not constitute an offer by HushMate to supply Goods appearing in those lists or catalogues or an offer by HushMate to supply Goods at the prices set out in those lists or catalogues. HushMate’s price lists and catalogues may be changed by HushMate at any time without notice.
18. Intellectual Property
a. You acknowledge and agree that HushMate or its related entities own or are licensed to use the Intellectual Property Rights relating to the Goods and the Website and you must not make any representation to the contrary or otherwise use the Intellectual Property Rights in a manner inconsistent with the rights of the owner or licensee of the Intellectual Property Rights.
b. You must not modify, adapt, vary, reverse engineer, disassemble or copy all or any part of any Good without the prior written consent of HushMate.
19. Miscellaneous
a. In these Terms:
i. the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’ or ‘such as’ or similar expressions;
ii. a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and permitted assigns;
iii. headings are inserted for convenience and do not affect the interpretation of these Terms;
iv. no provision will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms; and
v. unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.
b. HushMate may, to the extent permitted by law, vary these Terms from time to time with the variation becoming effective as soon as the Terms are posted on the Website (Variation Date). Any variation to these Terms will only apply to any Offer made after the Variation Date. Nothing in these Terms requires you to make any further Offers after the Variation Date.
c. A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver and any right may be exercised in the future. Waiver of any rights under these Terms must be in writing and is only effective to the extent set out in that written waiver.
d. If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
e. The termination or expiry of these Terms or any Agreement does not operate to terminate any rights or obligations under an Agreement that by their nature are intended to survive termination or expiration, and those rights or obligations remain in full force and binding on the party concerned including without limitation the rights and obligations under clauses 6, 7, 8, 9, 10, 13 and 16.
f. These Terms are governed by the laws in force in New South Wales, and you and HushMate submit to the non-exclusive jurisdiction of the courts of New South Wales.
20. Auto-Delivery (subscription)
a. As an Account holder you can set up an Auto-Delivery through your Account by selecting HushMate Goods to be delivered to you on a subscription basis.
b. In setting up an Auto-Delivery, you can choose:
i. the Goods to be delivered by Auto-Delivery (to the extent those Goods are available for Auto-Delivery at the time); and
ii. the frequency of the delivery of those products, provided that the frequency must be a selected number of weeks not less than 2 weeks and not more than 26 weeks.
c. Products you order through Auto-Delivery may be subject to a discount on the listed price of the product, with the amount of any discount to be set by HushMate from time to time and subject to change. HushMate will endeavour to notify you of any such discounts and changes.
d. You may unsubscribe/cancel your Auto-Delivery through your Account at any time provided that payment has not been processed for your next Auto-Delivery order. You authorise us to charge any payment method associated with your Account in the event that your primary payment method is declined or no longer available to us for this payment.
21. What communications will I receive from HushMate and how can I opt-out of certain messages?
At HushMate we love communicating with you to inform you about promotions, competitions, giveaways, events, and goods and services that may be of interest to you, plus asking you for your valuable feedback.
Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail, app notifications and by advertising on certain websites and social media).
We understand you may want to opt out of receiving certain types of marketing and promotional messages that we send you. You can do this by:
- logging into your HushMate online account, going to Account and updating your marketing preferences to opt in or out of receiving marketing and promotional emails and/ or SMSs;
- opting out through the opt-out mechanism contained in a marketing email or SMS you’ve received from us; or
- contacting HushMate at customercare@hushmate.com.au and letting us know what communications you no longer want to receive (if we can’t do it for you, we can certainly help walk you through the process).
You can opt-out from receiving push notifications on the HushMate website by changing the permission in your browser settings. Please note that it may be necessary for you to opt out separately from each device and browser that you use to access the HushMate website.
In the case of targeted advertising on certain websites and social media, you can change your privacy settings online so you no longer receive targeted advertising.
Please note that if you opt out of receiving marketing emails and/or SMSs from HushMate, you will still receive information we are required by law to provide to you or factual information directly about your account, account transactions, your orders, deliveries, upcoming Auto-Delivery payments, notification that an Auto-Delivery product is out of stock, or other factual information relating to products you have purchased.