TurfBreed Pty Ltd (‘TurfBreed’ ‘we’, ‘our’ and ‘us’), a company registered in Australia, owns and operates the Shop and acts as agent for Third Party Sellers. By purchasing any Products via the Shop, you are transacting directly with TurfBreed as agent for the applicable Third Party Seller(s).
These terms and conditions (Terms) will apply to and govern your purchases of Products from the Shop, together with any other terms and conditions which may be notified to you at the time of placing your order (for example, special offer terms and conditions). Please read these Terms carefully before ordering any Products from the Shop.
By ordering products from the Shop, you agree to be bound by these Terms and the Website Terms of Use.
By accessing our Website and the Shop and by providing your personal information to us, you consent to the use of cookies on your device and to the collection, use, storage and disclosure of your personal information as described in our Privacy Policy and Collection Statement.
In these Terms:
If you object to any of our Terms or other notices in the Shop your sole option is to not proceed with the purchase of products from the Shop.
We reserve the right to change these Terms. Any changes to these Terms will be effective on the date they are published on our Website.
If you create an account with us, you are responsible for keeping your user name and password secure and are responsible for all use and activity carried out under your user name, including all purchases made through your account from the Shop.
You represent and warrant to us that all Products purchased by you from the Shop are being purchased for personal use only, not for any commercial use, and will not be resold or resupplied. If we suspect that you are purchasing products for the purposes of resale or resupply, we may refuse to accept or cancel your orders for products from the Shop. If you wish to purchase Products for commercial purposes or wish to be a stockist of our products, please contact us directly to discuss this further.
By placing an order you are offering to purchase a product from the Shop on and subject to these Terms. All orders are subject to availability and confirmation of the order price.
If you wish to buy products from the Shop, you must:
You may place an order by clicking on the “ADD TO CART” button and proceeding to the checkout page.
You will be provided with an opportunity to review and correct any errors in your order, including the price and information you have provided, and to read and accept the Terms before confirming your order. We will not be responsible for any delay or failure to process your order if it is not completed properly or accurately. If you discover that you have made a mistake with your order after you have submitted it to the Website, please contact us via the details below immediately. Note that we cannot guarantee that we will be able to amend your order in accordance with your instructions and that fees may be applicable to process a change.
If you place any products in your cart and accept our Terms but do not complete your order (including if you do not provide your shipping or payment details or if you close your internet browser window before completing the order and checkout process), you agree that we may send you one or more emails reminding you that you have an uncompleted order and prompting you to visit the Shop to complete your purchase.
By placing an order, you expressly authorise us, before accepting your order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
Once you have submitted and confirmed your order, we will send you an acknowledgement email confirming receipt of your order.
The Products listed in the Shop are not an offer to sell but an invitation to treat only. We may choose to reject all or part of an order in our sole discretion for any reason, including without limitation in the case of abnormal orders and orders which we suspect are not placed in good faith or for personal use (including where we suspect you might on-sell products to other customers), or orders in response to incorrect offers or information in the Shop made as a result of human, system or technology error (including errors in the image, description or price).
We may from time to time impose quantity restrictions or limits on certain products you can order. Any quantity or total value restrictions will be stated in the Shop or communicated to you at the time of placing your order or otherwise communicated to you. If we reject an order we will refund any money paid for that order.
A contract between us for the purchase of the products will not be formed until your payment has been approved and received by us. Our contract will only relate to those Products which have been dispatched and are listed in our email confirming shipment. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate email confirming their shipment.
If you would like to cancel your order after you have received an email from us confirming shipment, please see the ‘Returns and refunds’ section below.
Our Third Party Sellers are responsible for delivery of the Products to you, and we will display the name of the applicable Third Party Seller(s) and the delivery details specific to those Products at the checkout.
Dispatch and delivery times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal or shipping delays or force majeure for which we will not be responsible.
We will try to let you know if we become aware of any delays to estimated delivery dates or times from the applicable Third Party Seller(s), but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
Prices will be displayed in Australian dollars.
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in your order confirmation email and in your shipping confirmation email. If you place additional or separate orders after receiving your order confirmation email you will incur additional shipping and handling charges for such additional orders.
The products, prices and promotional offers (if any) made in the Shop only apply to orders placed via the Shop and may be different from those available from other stockists selling the Products.
If there is a pricing error, whether on the Website, in the Shop or in any confirmation emails or otherwise, then to the extent permitted by law we have the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your order confirmation email, we will contact you with the correct price before processing your order, and your sole remedy if such error occurs is to cancel your order.
If the pricing error is obvious, you agree that we are under no obligation to provide a product to you at an incorrect (lower) price even after we have sent you a shipping confirmation email.
Separate charges for shipping, handling and GST (for goods to be delivered within Australia) or other taxes will be shown in your order receipt confirmation email and can be viewed during the checkout process before finalising your order.
From time to time we may have special offers that can be applied to your order by using a promotional code that we provide to you. In order to take advantage of these promotions, you must enter the promotional code in the space provided and hit the “apply” button. The value of the promotion will be applied to your order automatically. Please note only one promotional code may be used per transaction. Promotional codes are not valid for redemption anywhere except in the Shop and cannot be exchanged for cash. Delivery charges are excluded from the calculation of % off discount promotional codes. Unless otherwise specified each promotional code may only be used once per customer. Promotional codes cannot be applied to orders placed prior to or after the promotional period specified.
Payment must be made by our nominated Third Party Gateway. Any terms governing your use of the Third Party Gateway are as between you and the third party service provider and do not in any way affect these Terms.
If we do not receive the authorisation that the payment has been processed we reserve the right to cancel your order. The value of your purchase will be settled from the applicable payment method when the order is placed.
If your payment cannot be processed you will be notified of this. You will then need to contact the Third Party Gateway or your card issuer and endeavour to resolve the issue.
You must take care when placing your order to ensure that the Products you purchase are suitable for the intended use. The Shop should be your final point of reference when checking the kind of product that you are ordering. If there is a difference between the Shop content and any other website (or any other source of information) the products as shown in the Shop at the time of purchase will take precedence.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged during transportation, please immediately contact us either by email or phone for assistance.
We endeavour to ensure the availability of Products you order from the Shop. However Products are made available to purchase on a “first in-first out” basis and are only available whilst stocks last.
Poisons are substances with a moderate potential for causing harm, the extent of which can be reduced through the use of distinctive packaging with strong warnings and safety directions on the label. The purchase of these products means that you, the consumer, are responsible for reading and understanding any warnings that appear on the package and any safety data sheet. You are also responsible for reading and following the instructions, and taking appropriate precautions when using products containing chemicals, including using any recommended requirements for personal protective equipment and following any correct application rates and specifications related to the product. As agent for Third Party Sellers, TurfBreed takes no responsibility for the safety of these Products.
Full legal title to Products will pass to you when we have received all amounts due on the ordered Products in full and you have received your shipping confirmation email. The Products will be at your risk from the time of delivery. You acknowledge that the Third Party Seller is responsible for delivery of Products.
If for any reason you are not completely satisfied with your purchase, as a gesture of goodwill, we have a return and refund policy which applies for a period of 5 business days from the time the Products have been delivered. This policy does not apply to Products which have been used or damaged, or if any attempt has been made to alter the product or if they have been dropped or broken after delivery.
If you wish to utilise this policy, please contact us via the details below and we will guide you through the process.
All Products must be returned in their original condition to the relevant location as notified by us and will be at your own risk and cost, including the cost of postage and any insurance. We recommend that you return the product via Registered post and that you pre-pay all postage. You assume any risk of loss, theft or damaged goods during transit. We will not be responsible for parcels lost or damaged in transit if you choose not to insure.
Your legal rights in respect of defective goods are unaffected. Refer to ‘Australian Consumer Law’ section below.
The Products you purchase via our Shop come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits the rights and remedies to which you are entitled under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure (as defined under the Australian Consumer Law).
Information about the Products on the Website is based on material provided by the applicable Third Party Seller. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by Third Party Sellers.
The only conditions and warranties which are binding on us in respect of Products and services made available via the Shop are those expressly set out in these Terms or otherwise required to be binding by law, including the applicable provisions of the Australian Consumer Law. All other statutory or implied terms, conditions, guarantees or warranties concerning the quality or condition of the Shop, or any Products, information, service, material, advice or recommendation supplied by us to you through the Shop or in any dealings between us, are excluded to the fullest extent permitted by law.
As agent for the applicable Third Party Seller, we do not warrant, endorse, guarantee or assume responsibility or liability for any Products or services advertised or offered by a third party, including Third Party Sellers, through the Website or the Shop or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction and dealings between you and Third Party Sellers and any other third parties.
Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law. To the extent applicable to us, if we breach any term, condition, guarantee or warranty which cannot lawfully be excluded but can be lawfully limited, then to the extent permitted by law and without limiting your rights under the Australian Consumer Law, our liability for such breach is limited to either, at our election: (a) resupplying of the products or services (or equivalent goods or services) you have purchased in respect of which the claim arises; or (b) paying the amount you paid us for those products or services.
Except as required by law and except to the extent (if any) provided in these Terms, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with the Shop, the Website or these Terms however arising, including any anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your purchase of products, your use of the Shop, or your use of or reliance upon any of the information, services and/or materials contained in the Shop or provided by us to you, or our negligence, or our breach of our obligations under these Terms). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
You indemnify us against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by us in connection with or arising from, whether directly or indirectly, as a result of your breach of these Terms or any violation by you of any applicable law.
Without limiting any other rights we may have at law or under these Terms, at any time prior to delivery of the Products to you, we may cancel the contract for the supply of Products to you if:
If you wish to cancel your order, please contact us via the contact details below. Once an order has been processed it cannot be cancelled and the item must instead be returned in accordance with the ‘Refund and returns’ section outlined above.
We are not responsible for failure to fulfil our obligations due to causes beyond our control.
If any provision of these Terms is deemed to be unlawful, invalid or unenforceable, all or part of that provision will be severed from these Terms and will not affect the enforceability of the remaining provisions.
Any failure by us to assert any right under these Terms shall not constitute a waiver of such right and you are not relieved from compliance with your obligations. If we waive or fail to assert a right or to enforce a particular term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.
These Terms and all dealings and transactions between you and us relating to your purchase of products from the Shop are governed by the law of Victoria, Australia. Your transaction is deemed to have taken place in Victoria. You submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria for any dispute or claim (of any kind) arising out of or in connection with these Terms or your purchase of products from the Shop.
All provisions of these Terms that by their nature should survive fulfilment of your order or termination of your contract to purchase products from the Shop shall survive including all limitations on liability, indemnification obligations, disclaimers and choice of law.
Last updated: 13 July 2021
