Terms of service
PERTH ZOO – ONLINE SHOP
TERMS AND CONDITIONS
These Terms and Conditions apply to all access, uses of and transactions on the Perth Zoo Online Shop Website (Zoo Shop).
1. Your use of the Zoo Shop is subject to these Terms and Conditions
1.1. The Zoological Parks Authority (Perth Zoo, we, us, our) provides the Zoo Shop to you on these Terms and Conditions. Your use of the Zoo Shop is subject to you accepting the Terms and Conditions, as amended from time to time (Terms and Conditions).
1.2. You are responsible for complying with these Terms and Conditions and with all laws (and with any other terms and conditions) that apply to your use of the Zoo Shop.
1.3. By accessing or using the Zoo Shop, you accept and agree to these Terms and Conditions in full, without any limitation or qualification. These Terms and Conditions constitute a legally binding agreement between you and Perth Zoo that applies to all your uses of the Zoo Shop.
2. Changes to the Terms and Conditions
2.1. Perth Zoo may in its discretion amend, add to or replace these Terms and Conditions from time to time. If the Terms and Conditions are changed, you will be notified when you next use the Zoo Shop.
2.2. If you do not agree with the changed Terms and Conditions, do not continue to use the Zoo Shop. If you continue to use the Zoo Shop, the changed Terms and Conditions will apply from the time they were changed and they will replace previous Terms and Conditions.
3. Shopify
3.1. The Zoo Shop is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our goods and services to you.
3.2. Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall.
3.3. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
3.4. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of companies including Visa, MasterCard and American Express.
3.5. PCI-DSS requirements help ensure the secure handling of credit card information by Shopify and its service providers.
4. Placing Orders
4.1. If you wish to place an order on the Zoo Shop, you must be at least 18 years of age. If you are under the age of 18, please ensure you have the permission of a parent or guardian before proceeding to checkout. Subject to law, any purchases made without the required permission are non-refundable. All personal information provided to us must be correct and truthful at the time of purchase. Any attempts of fraud will be detected and passed on to the appropriate authorities.
4.2. By placing an order with Zoo Shop, you are making an offer to enter into an agreement to purchase the goods specified in your order. Orders will be deemed received by us at the time we send an order confirmation to your nominated email address.
4.3. Any e-mail or other electronic acknowledgement by us of receipt of an order placed by you does not constitute legal acceptance of your order. All orders are subject to approval by us.
4.4. When processing your order, the information provided will be subject to credit and fraud prevention checks. For these purposes we may transfer your information to trusted third parties.
4.5. From time to time we may restrict the quantity of goods which can be purchased in one order or during a particular period of time or per person or per address. Restrictions will be stated on the Zoo Shop or as otherwise notified to you.
4.6. You agree and acknowledge that all goods purchased from the Zoo Shop are intended for personal, non-commercial use only and will not be re-sold.
4.7. You agree to obtain consent to provide us with personal information of recipients of gifts of goods ordered by you.
4.8. The Perth Zoo reserves the right to accept or reject your order for any reason at any time. If we reject your order, you will receive a refund of any money paid.
4.9. Unless provided for under these Terms and Conditions or as otherwise agreed by Perth Zoo, no cancellations or changes to orders will be accepted. You should carefully check that your order is accurate before you submit it. If you cancel an order, Perth Zoo has the right to claim indemnity against all losses suffered as a result of such cancellation.
4.10. Your order is accepted by us and becomes a contract when your order is dispatched.
5. Pricing, Payment and Accuracy of Information
5.1. When you place on order, we will charge you and you agree to pay the price and any applicable delivery fee.
5.2. All prices are in Australian Dollars and are inclusive of Australian Goods and Services Tax (GST) where applicable. We will issue a compliant tax invoice where appropriate.
5.3. All goods and prices are subject to change without notice and goods remain the property of Perth Zoo until paid in full.
5.4. Promotional prices only apply in the period stated for the promotion.
5.5. We reserve the right to change or alter prices without notice to you. If you have already submitted an order at a particular price, we will supply the goods at that price (unless your order is affected by a pricing error, in which case clause 5.10 will apply).
5.6. Any payment for an order must be cleared by us before goods are dispatched. If your payment cannot be processed, your order will be rejected and you will be notified of this.
5.7. In paying or attempting to pay for goods, you agree that you have not engaged in any fraudulent conduct or contravened any law.
5.8. We try to ensure that all information on the Zoo Shop, including descriptions of our goods and services and listed prices, are accurate and correct. We do not represent that content on the Zoo Shop is accurate or free from error or omissions. We reserve the right to make any necessary correction. We will not be liable to you for any errors that may occur on the Zoo Shop.
5.9. You acknowledge and agree that:
(a) all pictures and images of goods displayed on the Zoo Shop are for illustrative purposes only; and
(b) where we provide dimensions, measurements or other information in the description of goods, the dimensions etc may vary slightly.
5.10. We reserve the right not to honour any incorrect offers (eg in price description or image) displayed on the Zoo Shop made by genuine human or system error. Where your order is affected by such an error:
(a) we will reject that part of the order. you will be refunded the value of the affected part of your order and we will fulfil the balance of your order; or
(b) we reserve the right to cancel your order and refund any money paid to us.
6. Availability
6.1. The sale of goods is subject to availability. Any stock or availability information supplied on the Zoo Shop is an estimate only.
6.2. From time to time some goods may be out of stock or unavailable and we may not be able to fulfil all or part of your order. The part that can be fulfilled will be dispatched as soon as possible. Where all or part of an order cannot be fulfilled at all, we will advise you and the money paid for the goods in question will be refunded.
6.3. We may withdraw or suspend from sale any goods displayed on the Zoo Shop, either temporarily or permanently, at any time and without notice and Perth Zoo will not be liable to you for any loss you or any third party suffer as a result of this.
6.4. Where goods which are the subject of an order have been withdrawn or suspended from sale and your payment for the goods has already been processed, we will refund any money paid to us.
7. Shipping and Collection
7.1. Delivery charges apply. These charges are not included in the stated price for the goods and will be calculated at checkout.
7.2. Postage rates are calculated using the online services of Australia Post. Any charges are a guide only, and are subject to change at the discretion of Australia Post. Perth Zoo reserves the right to adjust postage calculations accordingly, to suit. Should there be a discrepancy in postage rates, you will be notified and you will need to pay the additional amount.
7.3. Any representations made regarding delivery times are estimates only and are subject to postal delays or force majeure, for which we are not responsible.
7.4. In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the post office of the principal township in that area. Delivery to final destinations may take longer. If in doubt, please check with your local post office.
7.5. A signature (and possibly identification) on delivery or collection may be required. If you refuse, then you will be taken to have refused delivery or collection.
7.6. If no-one answers at the delivery address, and a signature is not required for the delivery, a collection card with instructions on where to collect the goods will be left for you.
7.7. Our Shipping Policy is available at [insert link].
8. Returns
We will assess a request to return a product in accordance with our Returns Policy.
9. Security
9.1. While all reasonable care is taken to protect the confidentiality of your personal information, we will not be liable if, through no fault of our own, these details are intercepted by and used by third parties.
9.2. Credit Card numbers are not stored on the Zoo Shop, and all transactions take place in a secure environment, with processing managed by Shopify and our bank.
9.3. Your connection to the Zoo Shop uses SSL encryption.
10. Incorrect Details Supplied
In the event you supply incorrect payment or delivery details, we will take all reasonable steps to contact you using the personal details that you have provided. If your supplied contact details are incorrect, we will not be responsible for not fulfilling your order, nor for being unable to advise you.
11. Intellectual Property
11.1. The materials displayed on the Zoo Shop, including all information, photographs and trade marks are the property of Perth Zoo (or licensed from third parties) and are protected by copyright, trade mark and other intellectual property laws. Perth Zoo does not grant any licence, or right in, or assign all or any part of, its (or third parties) intellectual property rights in the content of the Zoo Shop or in the user interface.
11.2. You agree not to reproduce, communicate or circulate any content displayed on the Zoo Shop without our prior written consent.
12. Links and Advertisements
12.1. Hypertext links to external sites are provided in good faith, as a convenience to users. These external information sources are outside of Perth Zoo's control and it is your responsibility to make your own decisions about the relevance, accuracy, reliability and correctness of material found on external sites. The inclusion of any link does not imply that Perth Zoo endorses the linked site, and you use the link at your own risk.
12.2. You must not establish a link to the Zoo Shop without Perth Zoo's prior written approval.
13. Product recalls
13.1. If an item is subject to a product recall, a notice will be posted on the Zoo Shop. You can return recalled items as instructed in the product recall notice.
13.2. You consent to us contacting you or a gift recipient and using the personal information provided in your order, to notify you of a product recall.
14. Privacy Policy
When you use the Zoo Shop we may ask for your personal information. Your personal information is handled in accordance with the Perth Zoo Privacy Policy.
15. Disclaimer
15.1. To the maximum extent permitted by law including the Australian Consumer Law:
(a) we disclaim all warranties with regard to the information and applications contained on the Zoo Shop and your use of the Zoo Shop;
(b) we and our officers, employees, contractors and agents disclaim liability for any damages (including special, indirect or consequential) arising out of or in connection with the use, performance, availability or unavailability of the Zoo Shop, whether in contract, at common law or in equity, or on any other basis.
(c) if we become liable for any breach of any guarantee, condition or warranty, our liability shall be limited, to the extent permitted by law, to one or more of the following, in our discretion:
(i) in the case of goods, replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring goods, or payment of the cost of having the good repaired; and
(ii) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
15.2. You represent and warrant to us that we will not be liable for any expense or injury (including special, indirect or consequential loss) in contract, tort, under statue or otherwise, howsoever caused.
15.3. Our liability to you for loss or damage of any kind will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
16. Termination
We may, at our discretion, terminate the contract for the supply of goods and/or services to you if we reasonably believe that you have breached these Terms and Conditions and:
(i) that the breach is not capable of remedy; or
(ii) if the breach is capable of being remedied and you have been provided with notice of the breach, you failed to remedy that breach within 14 days.
17. General
17.1. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions or affect the validity or enforceability of that provision in any other jurisdiction.
17.2. Our failure or delay to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right.
17.3. These Terms and Conditions are governed by and are to be construed in accordance with the laws of Western Australia. The courts of Western Australia have exclusive jurisdiction in respect of any dispute which may arise.
18. Queries and Additional Terms
Should you have any queries, please contact Perth Zoo by emailing onlineshop@perthzoo.wa.gov.au
For full Perth Zoo Terms and Conditions:
https://perthzoo.wa.gov.au/terms-conditions
For full Shopify Terms of Service: