Terms & Conditions

Please read these Terms and Conditions (hereafter "Terms" or "Terms and Conditions") carefully before using or purchasing from the wagsandwhisky.com.au website (hereafter "Site", “Website” or “the Website”) or interacting with the purchasing system, customer support or other services (hereafter “the Service” or “Service”) operated by WAGS & WHISKY (hereafter "us", "we", or "our").

Your access to and use of the Website and Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and Customers (hereafter “you”, “them”, or “they”) who:

  • access the images, photos, audio, video, and other forms of data or communication (hereafter “Content”);
  • use the Service;
  • and purchase store products (hereafter “Products”) from WAGS & WHISKY via the wagsandwhisky.com.au website, over the phone, email, in person, or through any other means whether electronic, digital, or otherwise.

By accessing or using the Website, Service, or by purchasing Products you agree to be bound by these Terms and our Privacy Policy which can be found here. If you disagree with any part of the terms then you may not access the Website or Service.

Import Duty

Please note that the purchaser is responsible for any import or custom duty charges.

Eligibility

To be eligible to use this Website you must be at least 18 years old. If you use wagsandwhisky.com.au on behalf of a company, entity, or organisation, you must be an authorised representative with the authority to bind it to these Terms and Conditions (which authority you hereby exercise).

Changes to these Terms and Conditions

We may modify the Terms and Conditions from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms and Conditions on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms and Conditions. Your continued use of this Website after any posted modification to the Terms and Conditions indicates your acceptance of the modification.

Website Availability

We reserve the right to modify, update, or discontinue wagsandwhisky.com.au at our sole discretion, at any time, for any or no reason, and without notice or liability.

Purchases

If you wish to purchase any product or make use of any Service made available through this Website, you may be asked to supply certain relevant information including, but not limited to, your name, email address, delivery address, and payment information. For full information on what information we collect and how we use it please see our Privacy Policy.

WAGS & WHISKY reserves the right to change our prices at any time.

WAGS & WHISKY reserves the right to refuse or cancel certain orders at our sole discretion. You will be informed of any such refusal or cancellation within a reasonable timeframe, and a reason for the refusal or cancellation will be provided.

Payment and Invoicing

Shop Products - Payment for all products ordered through the WAGS & WHISKY online shop is taken at the point of sale. You can choose to pay by PayPal or by using a major credit card. In Australia, you can also choose to pay in installments using Afterpay.

Returns & Refunds

WAGS & WHISKY offer returns and refunds for faulty products only. In line with Australian Consumer Law the final resolution for faulty products, including refunds for the cost of the product and/or shipping, is decided on a case-by-case basis depending on the source of the fault.

  • Please contact us at info@wagsandwhisky.com.au to let us know which products you wish to return and why attaching a short video of your sign as well as photos. Please note that we require both a video and photo(s) for diagnostic and quality purposes. If you are not able to provide both a video and photo(s) of the problem then our ability to rectify your issue will be limited. Once we have received all of the required information we will be in touch to try to resolve the issue.
  • If a return has been agreed please note that you must return the faulty product in its original condition.
  • If a return has been agreed the faulty item must be returned for inspection by WAGS & WHISKY within 14 days of when you received the product.
  • If a replacement has been agreed WAGS & WHISKY will endeavour to produce and ship the replacement product to you as soon as possible.
  • If a full or partial refund has been agreed WAGS & WHISKY will let you know when you can expect to receive the refund.

Shipping

As we are a small business please allow between 2-5 business days (Please allow extra days during SALE periods & New Releases) for your order to be processed. We will send you a shipping notification email once your order has been sent out.

We offer standard and express shipping via Australia Post and Sendle. The custom live rate will be calculated at checkout.

Standard Shipping with tracking starting at $9.95 AUD (the rate for your country will be calculated at checkout)

International Express Shipping starting from $23.00

Current International shipping time is between 3-5 weeks for standard shipping.

Gift Cards

WAGS & WHISKY Gift Cards are redeemable when:

  • purchasing items from our Shop;

WAGS & WHISKY Gift Cards are valid for 3 years from the date of purchase.

No portion of the Gift Card's value may be redeemed for any other purpose than to purchase a product from WAGS & WHISKY.

WAGS & WHISKY Gift Cards may not be used with any other discounts or promotions.

WAGS & WHISKY Gift Cards may not be purchased using discount codes or any other promotional codes or offers.

Treat your Gift Card like cash, lost or stolen Gift Cards will not be replaced or refunded.

Gift Cards cannot be canceled or refunded.

Products that are purchased solely, or in part with a Gift Card may only be returned in line with WAGS & WHISKY's Returns & Refunds policy which is detailed above.

Products that are purchased solely, or in part with a Gift Card may not be exchanged.

Gift Cards must be used in a single purchase. No credit will be given for any remaining value left on the Gift Card.

You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees.

Copyright and Trademarks

The content, trademark, and artwork (the Product) for sale on https://wagsandwhisky.com.au are the exclusive property of WAGS & WHISKY. Copyright in all designs offered for sale on the WAGS & WHISKY website and produced by WAGS & WHISKY shall remain the property of WAGS & WHISKY unless otherwise agreed in writing.

You warrant to WAGS & WHISKY that you have copyright in, or a license to authorise WAGS & WHISKYto reproduce all materials supplied by you to WAGS & WHISKY for the purpose of the Product. You expressly authorise WAGS & WHISKY to reproduce all and any of such works for the purposes of the Product.

You warrant you have the right to use applicable trademarks that may be incorporated in any Product.

You indemnify and agree to keep WAGS & WHISKY indemnified against all liability, losses or expenses incurred by WAGS & WHISKY in any way directly or indirectly connected with any breach of copyright and trademarks or any third party in relation to any materials supplied by you for the purpose of the Product.

All Goods and/or Services provided by WAGS & WHISKY may only be used for lawful and ethical purposes. This includes, but is not limited to copyrighted material. WAGS & WHISKY is not required to produce any goods and/or provide any Services it considers to be unethical, objectionable, threatening, obscene, or pornographic.

Use of wagsandwhisky.com.au

We grant you permission to use this Website subject to the restrictions in these Terms and Conditions.

Restrictions on Use

You agree that you will not, and will not assist or enable others to:

  • use wagsandwhisky.com.au to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of wagsandwhisky.com.au;
  • use wagsandwhisky.com.au to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
  • use wagsandwhisky.com.au for promotional or commercial purposes, except as expressly allowed in writing by wagsandwhisky.com.au;
  • use wagsandwhisky.com.au in a manner that may create a conflict of interest;
  • use wagsandwhisky.com.au to promote bigotry or discrimination against protected classes;
  • use wagsandwhisky.com.au to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • use wagsandwhisky.com.au to create or promote pornography or illegal content;
  • use wagsandwhisky.com.au in violation of the Terms and Conditions or any applicable law;
  • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Wags & Whisky’s Products or wagsandwhisky.com.au Content, except as expressly authorised by WAGS & WHISKY;
  • reverse engineer any portion of wagsandwhisky.com.au, except as may be permitted under the law;
  • remove or modify any copyright, trademark, or other proprietary rights notice on wagsandwhisky.com.au or on any materials printed or copied off ofwagsandwhisky.com.au
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index wagsandwhisky.com.au or any wagsandwhisky.com.au Content without permission from wagsandwhisky.com.au;
  • reformat or frame any portion of wagsandwhisky.com.au;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on wagsandwhisky.com.au's technology infrastructure;
  • attempt to gain unauthorised access to wagsandwhisky.com.au, user accounts, computer systems, or networks connected to wagsandwhisky.com.au through hacking, password mining, or any other means;
  • use wagsandwhisky.com.au or any wagsandwhisky.com.au Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, "Viruses");
  • use any device, software, or routine that interferes with the proper working of wagsandwhisky.com.au, or otherwise attempt to interfere with the proper working of wagsandwhisky.com.au; make excessive traffic demands;
  • use wagsandwhisky.com.au to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, wagsandwhisky.com.au or wagsandwhisky.com.au Content;
  • remove, circumvent, disable, damage, or otherwise interfere with any security-related features of wagsandwhisky.com.au, features that prevent or restrict the use or copying of wagsandwhisky.com.au Content, or features that enforce limitations on the use of wagsandwhisky.com.au.

Third Parties

wagsandwhisky.com.au may include content from and/or links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions, and you do not have any authority of any kind to bind us in any respect whatsoever.

We may provide you with notices, including those regarding changes to the Terms and Conditions by email, regular mail or postings on wagsandwhisky.com.au.

The Terms and Conditions contain the entire agreement between you and us regarding the use of wagsandwhisky.com.au and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms and Conditions.

Any failure on our part to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable.

The Terms and Conditions are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms and Conditions shall be void.

The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.

WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY

wagsandwhisky.com.au AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. WAGS & WHISKY MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF wagsandwhisky.com.au, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF wagsandwhisky.com.au CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH wagsandwhisky.com.au OR SITE CONTENT. WAGS & WHISKY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU, OBTAIN FROM WAGS & WHISKY OR wagsandwhisky.com.au SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

WAGS & WHISKY DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF WAGS & WHISKY OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Wags & Whisky (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Wags & Whisky and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@wagsandwhisky.com.au. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Clyde North, Victoria before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Wags & Whisky’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.