Terms of service
CGBV1 Pty Ltd (trading as Swaggle) Terms of Service
Overview
These terms and conditions (together with the documents referred to in it) (Terms) set out the terms and conditions on which CGBV1 Pty Ltd (ACN 664 431 485) trading as Swaggle (Swaggle) will supply the Goods listed on the swaggle.com.au (Website). By using the Website you are agreeing to and are bound by these Terms. You must not use the Website if you do not agree with these Terms.
1. Definitions
- Delivery Address is the address where the Goods are to be delivered as stated In the Order.
- Goods are items in an Order and include packaging.
- Intellectual Property Rights include copyright, trademarks, patents, designs and protection of confidential information.
- Loss means any loss including any liability, cost, expense, claim, processing, action, demand or damage.
- Order is an order by you to purchase Goods on the Website.
- Unattended Delivery means an Order where you have Instructed or otherwise agreed that the Goods can be let unattended at the Delivery Address or such other spot that we determine is suitable at the time of delivery.
2. Use of Website
You may only use the Website and the content on the Website for personal and non-commercial purposes unless Swaggle provides express written consent.
You must not:
- copy, reproduce, remove or distribute any content or part of the Website;
- do anything that disrupts or interferes with the Website such as imposing an unreasonable large load or breaching the security of the Website.
- use the Website or any content in any way that is unlawful, illegal or breaches the rights of Swaggle or any third party; or
- use the Website in any way that otherwise breaches these Terms.
3. Orders and Delivery of Goods
a) Delivery
i. Subject to paragraph (ii), we will deliver the Goods to you at your Delivery Address. We will not commit to delivery beyond the front door of your home or office building. “Front door” means the front door or a point beyond which entry into the interior of the building occurs. If you request us to deliver the Goods beyond your front door and we agree that it is practical and safe to do so, you agree to continually indemnify and hold harmless us (including our officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door, except for any Loss suffered or incurred as a result of our negligence, fraud or wrongful act or omission.
ii. We may, in our sole discretion, decide not to deliver Goods at the Delivery Address where we reasonably believe that the Goods are likely to be stolen or damaged, or deem the Delivery Address to be unsafe for any reason. In this case, we will contact you to arrange alternative delivery options.
b) Cancellation
i. We may cancel your Order before delivery or collection in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. The circumstances in which we may cancel your Order, acting reasonably, are if:
- There was any error in the description of any of the Goods in your Order or the price as advertised by us.
- Suspected fraudulent activity.
- Your Order is in breach of these Terms or is contrary to any law.
- Your Order is unable to be fulfilled due to unavailability of the products you have ordered from the fulfillment location.
In the event that your Order is cancelled, we will endeavour to contact you as soon as possible, via one or more of your contact details supplied, to advise of you of the cancellation.
4. Goods
All goods displayed on the Website are in Australian Dollars and include GST. You will be charged at the purchase price published at the time you submit your Order. Swaggle reserves the right to amend any pricing errors displayed due to human error, computer malfunction or other reason and may exercise its right to cancel the Order at any point prior to delivery of the Goods pursuant to clause 3.
All Goods are subject to availability. Swaggle will use all reasonable endeavours to only display Goods that are available to deliver but Goods can sell out from time to time due to high demand. In the unlikely event of a Good being out of stock after an Order has been placed, the amount paid will be fully refunded and you will be notified by email.
Swaggle reserves the right to limit purchases to reasonable quantities.
5. Risk and title in Goods
Risk and title in the Goods, following online payment for the Goods, passes to you upon delivery at the Delivery Address (including an Unattended Delivery at the Delivery Address).
6. Out of stock
In the event an item in your Order is out of stock, we will notify you via email and a refund will be processed back to your original payment method.
7. Repeat Delivery services
a) General
Some items in our store may be offered to you as a Repeat Delivery.
When you select a Good for Repeat Delivery you enter into an agreement to receive deliveries for that Good on a recurring basis. These deliveries are based on the subscription duration and frequency that you select. You will be charged for your initial Repeat Delivery at the time you place the Order. Subsequent Repeat Deliveries will be charged prior to your Order being sent out for delivery, unless you have cancelled, paused, skipped or otherwise modified your Repeat Delivery preferences as outlined in these Terms. Your Repeat Delivery will also be taken to be paused if your Payment Method fails. Your payment details will be stored securely.
By placing a Repeat Delivery, you are agreeing to receive our Goods on a recurring basis for an indefinite period until cancelled by you or us as set out in these Terms.
You can cancel, pause, skip and otherwise amend your Repeat Delivery at any time by following the link in your confirmation email, or logging onto your account on our website (generally we confirm your Order 2 days before).
Repeat Delivery orders cannot be placed using Afterpay, paypal or gift cards as the payment method.
For more information, please see our Repeat Delivery FAQs.
8. Swaggle Repeat Rewards Club
When you create a Repeat Delivery, you will automatically join the 'Swaggle Repeat Rewards Club' which gives you access to ongoing discounts, bonus Flybuys points, and exclusive offers.
a) What are the details?
You will:
- receive savings;
- get bonus Flybuys points allocated to your linked Flybuys account on every eligible Repeat Delivery Order as set out in the table below;
- level up your discount the longer your Repeat Delivery remains in place as well as receive exclusive member sales and gifts for your pet (when you’ve provided your pet’s birthday in the pet profile); and
- be charged the lowest price from the past 7 days on our Website before your Order ships (excluding multibuy offers), so you can shop with confidence
The offer will only apply when:
- you select an eligible item for Repeat Delivery and such purchase complies with section 7 and 8 of these Terms; and
- you leave the auto-applied coupon intact (and do not replace it with another coupon, or remove the coupon).
- receiving vouchers, if you are subscribed to receive marketing emails.
- To receive Flybuys points, you must comply with the requirements set out in clause 12, including providing your Flybuys member number prior to purchase.
Swaggle reserves the right to alter or amend these benefits in accordance with clause 18 of these Terms.
If you are already subscribed to Repeat Delivery (formerly referred to as ‘Auto-Delivery’) you will commence receiving level 1 benefits for your next Repeat Delivery, subject to the exclusion below. Any Repeat Delivery Orders placed prior to the commencement of the 'Swaggle Repeat Rewards Club' will not count towards the calculation of your benefit level. If you cancel your Repeat-Delivery, you will lose your Repeat-Delivery level status and if you recommence Repeat-Delivery you will resume on Level 1.
b) What are the benefits you will receive?
The table below sets out the benefits you will receive as a member of the 'Swaggle Repeat Rewards Club' subject to these Terms.
| Benefit Level | Order Numbers | Benefits |
|
Level 1 |
1-2 |
• 20% off your first Repeat Delivery Order capped at $20* • 10% off your 2nd Repeat Delivery Order* • 2x Flybuys points per $1 spent on Repeat Deliveries^ • Receive access to exclusive member discounts & gifts |
|
Level 2
|
3-7
|
• 5% off every Repeat Delivery Order • 3x Flybuys points per $1 spent on Repeat Deliveries^ • 1,000 bonus Flybuys points on your 4th Repeat Delivery Order • You unlock a one-off $10 Swaggle voucher for your pet on their birthday (when you’ve provided your pet’s birthday in the pet profile and are subscribed to receive marketing emails) • You unlock a one-off voucher for $10 off toys, treats, supplies & accessories on your next order over $30 (if you are subscribed to receive marketing emails) • Receive access to exclusive member discounts & gifts |
|
Level 3 |
8-11 |
• 10% off every Repeat-Delivery Order • 3x Flybuys points per $1 spent on Repeat Deliveries^ • You continue to receive a one-off $10 Swaggle voucher for your pet on their birthday (when you’ve provided your pet’s birthday in the pet profile and are subscribed to receive marketing emails) • You unlock a one-off voucher for $15 off toys, treats, supplies & accessories on your next order over $40 (if you are subscribed to receive marketing emails) • Receive access to exclusive member discounts & gifts |
|
Level 4 |
12+ |
• 10% off every repeat order • 5x Flybuys points per $1 spent on Repeat Deliveries^ • You continue to receive a one-off $10 Swaggle voucher for your pet on their birthday (when you’ve provided your pet’s birthday in the pet profile and are subscribed to receive marketing emails) • You unlock a one-off voucher for $20 off toys, treats, supplies & accessories on your next order over $50 (if you are subscribed to receive marketing emails) • Receive access to exclusive member discounts & gifts |
* This offer is available only to first-time Repeat Delivery customers (who have never placed an Order for Repeat Delivery or Auto-Delivery on the Website). You must select Repeat Delivery when adding an item to cart, you will then be able to see the discount automatically applied to your Repeat Delivery items in your cart at checkout. This discount is only applicable to items eligible for Repeat Delivery
^ Flybuys terms and conditions apply, see section 12 of these Terms for further details.
9. Returns
See our Returns Policy https://swaggle.com.au/policies/refund-policy for more details on returns and refunds.
10. Payment
a) Method of payment
At the time you place the Order, you will be required to select your payment method, being online payment by credit card, debit card or Afterpay. Unless otherwise agreed, in order to receive the Goods you have ordered, payment must be received by the selected payment method.
b) Pre-authorisation of payment
For some payment methods (including debit and credit cards) Swaggle may pre-authorise the amount payable for your Order and only charge you the full amount (adjusted to account for any out-of-stock items) at the time we pick and pack your Order. You authorise Swaggle to pre-authorise the amount that is payable for an accepted Order from your nominated debit or credit card.
c) Unsuccessful pre-authorisation of payment
If Swaggle is unable to successfully process the pre-authorisation of payment for your Order, your Order may be cancelled. In the event that your Order is cancelled, we will endeavour to contact you as soon as possible, via one or more of your contact details supplied.
d) Further authorisation of payment
Swaggle reserves the right to make further attempts to process pre-authorisation and/or payment for your Order, if prior attempts are unsuccessful, and you consent to Swaggle doing this. Any amounts charged to your credit or debit card that exceed the funds or credit limit available may be rejected or may result in you being charged fees or interest by the issuer of the credit or debit card. Swaggle is not liable for any such rejection, fees or interest.
e) Saved Credit Cards
Where you choose to save you card details on swaggle.com.au you consents to Swaggle storing the card details for use only as a payment method for future purchases you may make.
11. Discount Codes
Discount codes can be provided by Swaggle for use on the Website (Discount Codes). The following conditions apply when using a Discount Code:
- Discount Codes must be added before finalising your Order and cannot be used on past Orders.
- Unless expressly stated, Discount Codes cannot be used in conjunction with other offers including Repeat Delivery Order discount.
- Discount Codes are not redeemable for cash or credit.
- Delivery fees are excluded from any discount offers.
Swaggle reserves the right to amend, cancel or restrict the use of Discount Codes if we suspect error, fraud of any other abuse of the Discount Code is occurring.
12. Flybuys
If you are a Flybuys member, you can get Flybuys points on your Swaggle purchases. To collect Flybuys points, enter your Flybuys number online at the time of purchase or in your Swaggle account profile. Only one Flybuys account can be linked to each Swaggle profile. The value of Flybuys points collected via Swaggle Repeat-Delivery orders is set out in clause 8. One-off purchases collect 1 point per $1 spent.
To collect Flybuys points when you shop online with Swaggle:
- Points are unable to be awarded retrospectively, therefore you must provide your Flybuys number before completing your purchase.
- Points are awarded after savings, discounts and vouchers.
- Points are calculated based on the value of your order at the time it is placed with Swaggle and excludes delivery fees, insurance and paid vet services.
- Points will be awarded to your Flybuys account within 48 hours of your qualifying purchase. If your transaction is cancelled, or you are subsequently issued a refund, you will not be eligible to collect points on that order and any issued points may be deducted from your Flybuys account.
- Points cannot be redeemed at Swaggle
To view your Flybuys points balance and learn how to redeem your Flybuys points, please visit the Flybuys website or download the Flybuys app and sign into your account. Standard Flybuys terms and conditions and Flybuys privacy policy apply.
To receive 1,000 bonus Flybuys points you must be a Flybuys member, place 4 repeat delivery orders online at swaggle.com.au and enter your Flybuys member number online or in your Swaggle account before completing your purchase. Any orders placed in connection with this offer must comply with clauses 8 and 12 of these Terms. Please ensure you provide your account details prior to purchase, as points are unable to be awarded retrospectively. This offer is limited to one redemption per Flybuys account. Offer excludes one-off orders placed with Swaggle. Bonus points will be credited to your Flybuys account within 4 weeks from purchase date. Flybuys privacy policy applies. Standard Flybuys terms and conditions apply and are available at flybuys.com.au. Swaggle will provide reasonable notice prior to changes or termination of this offer and provide you with notice in accordance with clause 20 of these Terms.
13. Liability
This Website is intended to provide general information only. You should not rely on this information as a substitute for, nor do they replace, professional veterinary advice, diagnosis, or treatment. If you have any concerns or questions about your pet’s health, you should always consult with your veterinarian.
Swaggle will use reasonable care and skill in providing this Website for your use. However, you acknowledge and agree that you must evaluate the use of the products and any information on the Website, including any reliance on the accuracy, completeness, or usefulness of such information.
Swaggle does not warrant or guarantee:
the accuracy or completeness of any information available on the Website;
- that access to the Website will be uninterrupted or error free;
- that any defects will be corrected immediately; or
- that the Website will be free from viruses or other contamination.
Except where prohibited by law, Swaggle and its related bodies corporate, representatives and third party content providers will not be liable to you for any Loss that you may suffer due to use of the Website, including any reliance or action taken by you of any information on it, except to the extent that this arises as a result of Swagggle's fraud, negligence or wrongful act or omission. Nothing In these Terms limits your rights under Australian Consumer Law.
14. Third Party Websites
The Website contains links to other websites controlled by third parties (Third Party Websites). Swaggle is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.
Swaggle makes no representations about the quality, accuracy or completeness of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a Third Party.
15. Packaging and Labelling of Goods
Information and product descriptions may have been provided by third parties, including suppliers, manufacturers and/or retailers of the products (Third Party Content). At times, pictures and details of goods on our site may differ from the Goods actually supplied to you. If you have any queries, please contact us. Swaggle recommends that you read labels carefully prior to using any Goods.
16. Intellectual Property Rights
You acknowledge that Swaggle or its related bodies corporate own or are licensed to use all Intellectual Property Rights in Swaggle, including any images, photographs or text that appears on the Website. You must not make any representation to the contrary and you must not use or copy Swaggle or its Intellectual Property Rights contained on the Website in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on Swaggle are owned by or licensed to Swaggle or its related bodies corporate, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
17. Username and Password
You are responsible for the safekeeping of your username and password, and you're liable if your account is misused by an unauthorised person.
18. Notification of changes to these terms
Swaggle may, acting reasonably, add to, delete or otherwise change any of content of the Website, including these Terms where it is in our legitimate interests to do so by giving you notice as provided in clause 18. Your use of the Website after notice will constitute your deemed acceptance of such changes.
19. Privacy
For details on Swaggle’s commitment to your privacy, please refer to our Privacy Policy (https://swaggle.com.au/policies/privacy-policy). This website is powered by Shopify Inc for details on Shopify Inc.’s commitment to your privacy, please refer to the Shopify Privacy Policy (https://www.shopify.com/legal/privacy).
20. Notices
Swaggle may give notice to you by email, conventional mail or notice on our Website. You may give notice to Swaggle by email to support@swaggle.com.au.
21. Severability
If any provision of these Terms are illegal, void, invalid or unenforceable for any reason, all other provisions which are self-sustaining and capable of separate enforcement will, to the maximum extent permitted by law, be and continue to be valid and enforceable.
22. Governing Law
These Terms are governed by the laws of Victoria. In relation to it and related non contractual matters each party irrevocably submits to the nonexclusive jurisdiction of courts with jurisdiction there and waives any right to object to the venue on any ground.
23. Swaggle Refer a Friend Terms & Conditions
The Swaggle ‘Refer a Friend’ program is designed so that the Swaggle pack can spread the word about Swaggle in the spirit of genuine advocacy and referral.
Any capitalised terms that are not defined in these Refer a Friend Terms and Conditions have the meanings given to them in the Swaggle Terms and Conditions above.
When a Swaggle customer refers a friend or family member who is a new customer to Swaggle, the referring Swaggle customer (“Referrer”) and their friend can receive a $10 coupon with a $50 minimum order value (the “offer”) when the friend:
(a) joins Swaggle as a new customer and makes an eligible purchase (which excludes paid vet services and pet insurance); and
(b) enters the unique coupon code at the time of placing their initial order by using the Referrer’s unique referral link,
(collectively the 'Eligibility Criteria').
The Referrer can receive a $10 coupon with a $50 minimum order value each time a friend satisfies the Eligibility Criteria set out above. Where eligible, the $10 coupon with a $50 minimum order value will be provided to the Referrer's after the friend meets all applicable Eligibility Criteria.
If the friend does not complete the Eligibility Criteria within 6 months of generating the coupon code, the friend will be required to generate a new coupon code using the Referrer’s unique referral link.
By participating in this offer, Referrers agree to only share their unique referral link with friends and family who have agreed to receive such a communication from the Referrer. Referrers may only refer a friend or family member who are new Swaggle customers.
For privacy reasons, Swaggle will not tell the Referrer which friend meets the Eligibility Criteria.
This offer is not available in conjunction with any other offer (including any other Discount Codes or repeat delivery discount). The coupon when redeemed is deducted against the relevant shopping cart at the time of purchase and does not apply to shipping fees or top up products. Invalid or incomplete coupon codes will not be fulfilled. This Offer can’t be used in conjunction with other discount codes or Repeat Delivery discount. Any unused discount following an eligible purchase will be forfeited.
Swaggle reserves the right to validate the eligibility of a referred friend. Swaggle may withdraw or cancel any credit/coupon in respect of any or all referrals made in relation to this offer if, in our reasonable opinion, a Referrer or friend has used this offer in a manner that is not satisfactory to us or otherwise not in line with the intent of the offer. This includes any conduct which, in our reasonable opinion, undermines the fair and intended operation of the offer, such as by (a) sharing your unique referral link on a public forum, or (b) by using this offer in any way that is fraudulent or in breach of the terms of this offer.
Please refer to the Refer a Friend Frequently Asked Questions for further details.
