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TERMS AND CONDITIONS OF SALE AND REFUNDS POLICY OF NIC NAC DOGWALKING.

1. DEFINITIONS
1. "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
2. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
3. "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
4. "Goods" means the articles that the Buyer agrees to buy from the Seller;
5. "Services" means work that the Buyer agrees to pay the Seller for;
6. "Seller" means Nic Nac Dogwalking of 37C Jetty Street, Grange, SA 5022 Adelaide that owns and operates www.nicnacdogwalking.com and has an ABN of 15641790012
7. "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2. CONDITIONS
1. Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2. These Terms and Conditions shall apply to all contracts for the sale of Goods or Services by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. NIC NAC DOGWALKING CHARGES
Nic Nac dog walking fees are charged at the prices shown on the fees area of our website
4. QUOTATIONS FOR HOURLY RATE WORK
Any part of an hour will be charged as a full hour. The cost of Materials and parking will be additional to any labour rate quoted. Payment shall be taken at the end of the complete work or at intermediate points as agreed beforehand
5. TELEPHONE BOOKINGS
Bookings may be taken over the telephone and an estimate of the costs given based on your information. On arrival at the job, a full assessment will be taken and a verbal quotation backed up with a text or email will be given to you. If there is no significant difference between what we envisage from the telephone conversation and the reality on site, then you can expect the estimate and the quotation to be the same. If, however, there is a significant difference, you may decline the offer of our services at no charge to yourself.
6. ARRIVAL TIMES
- We shall arrive in a reasonable time (if there is no specific time agreed). There is no guarantee of arrival times, however we shall give an estimate of arrival time and keep you informed of delays when appropriate.
7. REFUND POLICY
Visual inspection of the Dog are carried out by the walker before leaving the premises. Where the customer is available this inspection shall also be carried in the presence of the customer. Payment constitutes acceptance by the buyer of the work. In the event of Nic Nac dogwalking being unable to fulfil it's obligations for dog services to you then payment shall be refunded within 14 days of purchase.
8. LIMITATION OF LIABILITY
1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Sellers agents or employees.
9. WAIVER

      No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

10. FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

11. SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

12. CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

13. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.