Terms and Conditions of Sale

TERMS & CONDITIONS OF SALE

This agreement sets out the terms under which HELLN PTY LTD (ACN 686 736 658) trading under the registered business name ‘Dogge’ (ABN 32 686 736 658) (“Dogge”, we, us, our) provides Goods or services to you (being the individual, company or legal person purchasing such Goods or services) (“the Customer, you, your”) (each a ‘party’ to this Agreement).

By:

visiting the Dogge Café premises,
ordering, accepting, or paying for any goods or services online or in store, or
otherwise indicating assent,

you acknowledge that you have received, read, and understood these Terms and Conditions, and you are taken to have accepted and agreed to be bound by these Terms in full, including all disclaimers, waivers, and indemnities set out in these Terms and any social etiquette or conduct guidelines applicable when visiting the Café Premises.

If you do not agree to these Terms and Conditions, including the social etiquette guidelines, you must not enter the Dogge Café premises or purchase any Goods or services online or in store.

1. ORDERS

(a) These terms will apply to all the Customer’s dealings with Dogge, including being incorporated in all agreements, quotations or orders under which Dogge sells or supplies dog-related accessories, books, clothing, toys, merchandise, pet supplies, beverages, food goods or any other goods or services (Goods) to the Customer (each an Order) together with any additional terms included in such Order (provided such additional terms
are recorded in writing).

(b) he Customer may place an Order for Goods with Dogge either in-store at Shop 3, 32–72 Alice Street, Newtown NSW (Café Location) or via https://dogge.com.au (the Website).

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii) you are authorised to use the debit or credit card you provide with your Order.

(d) Dogge reserves the right to accept or reject any Order, or any part of an Order, placed by the Customer at its sole discretion, including rejecting an Order where the required delivery location is outside of Australia.

(e) While Dogge endeavours to display accurate stock levels and lead times on the Website, these stock levels and lead times are estimates only and may be subject to change.

(f) It is the Customer’s responsibility to ensure that the Customer’s information included in the Order (including the Customer’s name, contact number and email address) is correct and to notify Dogge of any changes to such information.

(g) In the event that any Goods displayed for sale is out of stock, Dogge may:

(i) notify the Customer and offer alternative Good/s; or

(ii) cancel the affected Good/s from the Order and issue a full refund.

Dogge is not liable for any loss or inconvenience arising from such cancellation or substitution.

2. ACCOUNTS

(a) To submit an Order and/or to purchase Goods, you may be required to sign-up, register and receive an account through the Website or at the Café Premises (an Account).

(b) As part of the Account registration process, as part of your continued use of the Website and in order to participate in any membership or loyalty program, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us
from time to time.

(c) You warrant that any information you give to us in the course of completing the Account registration process or membership signup will always be accurate, honest, correct and up-to-date.

(d) Membership benefits are limited to those offered at the time and may not be substituted, exchanged, or transferred, unless expressly stated by Dogge.

(e) Dogge may, at its sole discretion, accept or refuse your membership, revoke your membership, suspend your Account, or vary membership benefits at any time, with or without notice.

(f) Your information will be handled in accordance with our Privacy Policy, found here.

(g) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user and provide you with an Account.

(b) We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.

3. FOOD AND BEVERAGE GOODS

(a) All food or beverage Goods sold by Dogge, whether for humans or animals, will display an expiry or “best before” date where applicable. By purchasing such Goods, you acknowledge and agree that you must comply with the expiry or best-before dates and any storage instructions provided. Dogge takes no responsibility for any illness, injury, or adverse effects arising from the consumption of Goods after the expiry date or where the
Goods have not been stored, handled, or consumed in accordance with the instructions provided.

(b) Some Goods sold by Dogge are intended for human use, and some are intended for dogs. It is the Customer’s responsibility to determine which Goods are suitable for themselves, their animal, or any third party, and to ensure they are used only for their intended purpose.

4. GOODS ONLINE

Dogge will endeavour to ensure that the Goods provided will be substantially the same as the Goods displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Goods may not exactly match the image on the Website.

5. GOODS IN STORE

(a) Any food or beverage provided by Dogge for consumption at the Café Location, whether intended for humans or animals, is prepared to be safe for general consumption.

(b) You acknowledge and agree that consumption of any food or drink at the Café Location is at your own risk (for humans) or at the risk of your animal (for animals). Dogge makes no representations or warranties regarding the suitability of any food or drink for any individual or animal, including but not limited to allergies, medical conditions, or dietary requirements.

(c) You agree to take all responsibility for ensuring that any food or drink is safe for consumption by you or your animal. Dogge excludes all liability for any illness, allergic reaction, injury, or adverse effect arising from the consumption of any food or drink at the Café Location.

6. TAKEAWAY GOODS (INCLUDING DELIVERED GOODS)

(a) Goods purchased for takeaway or ordered through a third-party delivery platform (including UberEats or similar) are prepared to be safe for general consumption. However, once the Goods leave the Café Location, Dogge has no control over storage, handling, delivery, or consumption conditions.

(b) Consumption of Goods outside the Café is at your (or your animal’s) own risk. Dogge makes no representations or warranties regarding suitability for any individual or animal, including allergies, medical conditions, or dietary requirements.

(c) Dogge excludes all liability for any illness, allergic reaction, injury, or adverse effect arising from consumption of Goods outside the Café.

(d) For deliveries via a third-party platform, any delivery issues (including delays, damage, or missing items) must be addressed directly with the delivery partner, and Dogge is not responsible for these matters.

7. SECURITY CAMERAS

For the safety and security of our staff, customers, and property, CCTV and other security cameras are in operation on Café Premises. By visiting the Café Premises, you acknowledge that you may be recorded.

8. ANIMAL WAIVER AND DISCLAIMER

By booking a visit to Dogge Café Premises online or by entering the Café Premises, you acknowledge and agree to the following terms in full:

(b) By bringing your dog or any other dog onto the Café Premises, you acknowledge that other dogs and animals may also be present on the premises at the same time.

(d) You warrant that your dog is social, well-behaved, and not aggressive toward people or other dogs.

(e) You must take all reasonable steps to prevent your dog from causing injury, distress, or damage.

(f) You acknowledge and accept that by bringing your dog onto the Café Premises, there is an inherent risk of injury, illness, or other harm arising from interactions with other dogs or the environment.

(g) You assume full responsibility for any loss, injury, or damage caused by your dog or to your Dog while on the Café Premises.

(h) You are responsible for cleaning up any waste or mess caused by your dog.

(i) To the maximum extent permitted by law, Dogge, its employees, agents, contractors, and representatives are not liable for:

(i) Any injury, illness, or death of your dog, other dogs, animals or humans;

(i) Any loss, damage, or property destruction caused by your dog; or

(i) Any injury, distress, or damage arising from the behaviour of other dogs on the Café Premises, including aggressive or unsocial dogs.

(e) You agree to indemnify and hold harmless Dogge from and against any claim, demand, liability, loss, or expense arising directly or indirectly from your dog’s presence on the Café Premises.

(f) You must comply with all applicable laws and local council regulations in relation to your dog while on the Café Premises.

(g) You acknowledge that Dogge relies on your acceptance of these terms as a condition of allowing your Dog onto the Café Premises.

(f) Dogge reserves the right to refuse entry to, or require you to leave, the Café Premises if you breach clause 7 or any other clause in this Agreement.

9. DELIVERY

(a) (Delivery Costs) Delivery costs will be added to the cart upon checkout if ordering through the Website. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

(b) (Delivery Details) The Company may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

(i) delivery is to the delivery point specifically accepted by the Company; and

(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.

(c) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

(d) The Customer acknowledges and agrees that unforeseeable circumstances (such as traffic congestion, weather events, delivery delays, courier or road closures) may impact the ability of the delivery company nominated by Dogge to deliver the Goods within the estimated delivery date outlined on the Website and delivery may be delayed.

(d) If for any reason Dogge is unable to fulfil a Customer’s Order or arrange delivery of the Goods to the Customer by the estimated delivery date, the Customer will be notified and may (at Dogge’s discretion) cancel the Order and receive a refund of the price of the Goods or Dogge Store Credit for the value of the Goods.

10. PAYMENT

10.1 PAYMENT OBLIGATIONS

(a) All prices are:

(i) per unit (except where indicated);

(ii) in Australian Dollars; and

(iii) subject to change prior to you completing an Order without notice.

(b) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.

(c) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

10.2 GST

All prices quoted or listed on the Website are in Australian dollars and include all applicable taxes, including GST, unless otherwise specified.

10.3 CARD SURCHARGES

Dogge reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

10.4 ONLINE PAYMENT PROVIDER

Dogge may use third-party payment providers (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

11. VOUCHERS, DISCOUNT CODES & GIFT CARDS

11.1 VOUCHERS & DISCOUNT CODES

(a) We may provide promotional materials and discount codes offering a discount on the Goods (Voucher). To use a Voucher, you will need to enter its code at checkout.

(b) A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.

(c) Any additional terms or conditions applicable to a Voucher will be set out on the Voucher. You agree to be bound by these terms and conditions, and Dogge’s interpretation of these terms is final.

(d) Dogge reserves the right, in its absolute discretion, to determine which Goods or offers a Voucher may be applied to.

11.2 GIFT CARDS

(a) We may issue gift cards for use on our Website or in store at our Café Premises.

(b) Gift cards are are only redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.

(c) Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Goods.

12. TITLE AND RISK

12.1 TITLE

(a) Title to the Goods passes to the Customer when the price of Goods and all other amounts payable by the Customer to Dogge is paid in full.

(b) Risk in the Goods will pass to the Customer when the Goods delivered or collected by the Customer. Delivery and Collection may not be refused by the Customer.

(c) If the Customer does not pay for any Goods on the due date for payment, the Customer authorises Dogge, its employees and agents to enter any premises occupied by the Customer or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or damage.

(d) Dogge may at its option keep or resell Goods retaken from the Customer.

12.2 RISK

(a) By purchasing or receiving any Goods from Dogge, you acknowledge that you are responsible for ensuring that the Goods are suitable and safe for their intended purpose.

(b) You assume all risk associated with the use, handling, or consumption of the Goods, including any injury, illness, or damage to yourself, your animal, or any third party, except to the extent that such liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or other applicable law.

(c) Dogge makes no representations or warranties that the Goods are suitable for any particular purpose, including human or animal consumption, play, or other use, beyond what is expressly stated in product descriptions or packaging.

(d) This clause does not affect your rights under Australian Consumer Law, including guarantees that goods are of acceptable quality, fit for any disclosed purpose, and match their description.

13. RETURNS AND EXCHANGES

(a) We do not offer change-of-mind returns, except where Dogge, in its sole discretion, chooses to accept them.

(b) We will provide a full refund of the price paid for Goods if we determine that: to the extent that such liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or other applicable law.

(i) Goods you have ordered were not received by you solely due to failure by us; or

(ii) the Goods are faulty, in accordance with clause 12(c), in which case we may provide store credit, a replacement or a full refund of the price paid for the Goods.

(i) If you believe your Goods are faulty, please contact us using the details provided on our Website with a full description of the fault (including images).

(ii) If we determine that your Goods may be faulty, we will request that you send the Goods back to us at your cost or return the Goods to the Café Premises for further inspection, including any accessories or documentation shipped with the Goods. We reserve the right to further inspection before deeming Goods faulty.

(iii) If we determine in our reasonable opinion that the Goods are not faulty, or are faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Goods back to you at your cost.

(iv) If we determine that the Goods are faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

(v) If you fail to comply with the provisions of this clause 12(c) in respect of faulty Goods, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Goods.

(e) Nothing in this clause 12 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

14. WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

(c) Please note that Goods sold by Dogge will have only the benefit of any warranty given, and insurance held, by the manufacturer of the Goods.

15. INTELLECTUAL PROPERTY

(a) The Company retains all intellectual property rights in the design of the Goods, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Goods.

(f) In this clause 14, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

16. THIRD PARTY TERMS SUPPLIERS

(a) Some Goods or services provided to you by Dogge may be sourced from third-party suppliers (Third Party Suppliers).

(b) To the extent that any Third Party Supplier imposes terms and conditions on their Goods or services (Third Party Terms), you acknowledge that:

(i) Dogge may not be the manufacturer of such Goods;

(ii) Third Party Terms may apply to the Goods or services supplied by the Third Party Supplier; and

(iii) Dogge is not responsible or liable for any loss, damage, or claim arising directly or indirectly from such Third Party Terms, except to the extent that the ACL or other Australian law imposes non-excludable guarantees.

(c) Dogge will use reasonable efforts to notify you of the existence of Third Party Terms where practicable (for example, by providing a link on our Website or including a note in product details), but you are not required to be provided with a full copy of those terms in order to purchase or use the Goods.

17. LIABILITY

17.1 LIABILITY

(a) To the maximum extent permitted by law the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Customer to Dogge under the most recent Order.

(b) The limitation of liability in clause 16.1(a) does not apply to the Customer’s liability in respect of loss or damage sustained by Dogge arising from the Customer’s:

(i) breach of third party intellectual property rights;

(ii) breach of any of these Terms; or

(iii) negligent, wilful, fraudulent or criminal act or omission.

17.2 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Dogge, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

18. GENERAL

18.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

18.2 AMENDMENTS

This agreement may only be amended in accordance with a written agreement between the parties.

18.3 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

18.4 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

18.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

18.6 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

18.7 COUNTERPARTS

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

18.8 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

18.9 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

18.10 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation;

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(h) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

For any questions about this agreement, please contact us via:
Website: https://dogge.com.au
Email: hello@dogge.com.au
Phone: 02 9982 4770

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