1. Agreement Acceptance

(a) This agreement is between us Bark Bites Premium Co (referred to as “we,” “our,” or “us”) and you, the individual, business, or entity purchasing our products, services, or goods (Goods) through our website (Store) or mobile application.

(b) By purchasing Goods or Services from us or proceeding with any issued quote, you confirm that:

(1) You have read and accepted these Terms and Conditions for the sale of Goods (Terms); and

(2) You possess the legal authority to enter into a binding contract with us.

(c) Orders for Goods or Services, or approval of any issued quotes, must only be placed if you are at least 18 years of age.

2. Account Registration

(a) You may be given the option to create an account to facilitate purchases (Account), allowing for invoice payments on a weekly basis. Goods or Services may be purchased with or without an account.

(b) When creating an account or making a purchase, you may be required to provide essential details, including your name, shipping and billing addresses, and payment information.

(c) You must ensure that any personal information supplied when creating an Account remains accurate and up to date. All personal data will be used for managing your Account in compliance with applicable laws.

(d) You are solely responsible for all activities associated with your Account, including any purchases made using your Account credentials.

(e) A health assessment questionnaire may be required in certain circumstances.

3. Placing Orders

(a) Orders for Goods or Services can be placed through our Store or as otherwise directed on our Site (Order). By submitting an Order, you are making an offer to purchase the specified Goods or Services at the applicable price, inclusive of delivery fees and taxes.

(b) We retain full discretion to accept or reject any Order. If we reject an Order, we will attempt to notify you promptly or within a reasonable time-frame.

(c) Once we accept an Order, a separate agreement is established between you and us for the provision of Goods or Services, governed by these Terms.

(d) It is your responsibility to verify the details of your Order before submission, including product descriptions, pricing, and your contact details.

(e) Upon confirming your Order, we will issue an Order confirmation, which may contain an order number, order ID, shipping and billing information, and a summary of purchased items.

(f) If you cancel an Order after it has been accepted, you may be liable for any incurred costs that cannot be recovered due to the cancellation.

4. Pricing and Payments

(a) You agree to pay the total cost of any purchased Goods or Services, which includes Australian GST and any applicable delivery charges (Price). All payments are in Australian dollars and include GST where applicable. Delivery fees are displayed separately from the product price.

(b) If you do not have an Account, full payment is required at the time of purchase or upon completion of services. Goods or Services will not be provided until payment has been received in full.

(c) Account holders will receive a monthly statement summarising Goods purchased or Services rendered. You must pay the amount due as per the payment terms outlined in the statement or invoice.

(d) If an invoice remains unpaid, we may suspend your Account and stop providing Goods or Services until payment is received. Any disputes regarding an invoice must be submitted in writing within 7 days of the invoice date, with full details of the issue. The undisputed portion of the invoice must still be paid.

(e) If payment is not received as required, we may discontinue the supply of Goods or Services and charge interest on the outstanding balance at a rate equal to the Reserve Bank of Australia’s cash rate plus 5% per annum, calculated daily and compounding monthly.

(f) Payments must not be made fraudulently or through unlawful means. In the absence of fraud or error, all payments are final. If paying via debit or credit card, you confirm that the information provided is accurate, that you are authorised to use the card, and that sufficient funds are available.

(g) If enrolled in a Weekly Service Plan, payment must be made weekly via direct debit from a credit card or bank account. Additional terms from our third-party payment provider may apply.

(h) If:

(1) You fail to make a payment by its due date;

(2) You breach any of your obligations under these Terms;

(3) You, as an individual, declare bankruptcy, or, as a business entity, enter external administration or liquidation;

Then:

(4) We may deem the agreement breached, cease providing services, and pursue debt recovery action, which may include legal proceedings or engaging a third-party debt collection agency. You will be responsible for all associated recovery costs, including legal fees, interest, and third-party expenses. We also reserve the right to suspend or terminate further services due to non-payment without liability.

5. Availability and Cancellation

(a) The availability of all Goods and Orders is not guaranteed. We make every effort to maintain stock levels and take reasonable steps to obtain any Orders from our third-party suppliers.

(b) We retain the right to cancel an Order at any point prior to delivery and for any reason, even if it has been previously accepted. This includes situations where there is a significant delay in dispatching your Order or circumstances where we are unable to supply the Goods you ordered (for instance, due to events beyond our reasonable control). We will reach out to you using the contact details provided when you placed your Order. You may opt for a refund, store credit, or to place your Order on back-order. If you choose a refund or store credit, any delivery charges paid for the Goods will also be refunded. If you decide to proceed with a back-order, we will inform you once the Goods become available to coordinate delivery or collection.

6. Delivery, Collection, Title and Risk

(a) If you have requested delivery of any Goods, we will arrange for the delivery of the Goods either directly or through our third-party delivery partners to the delivery address specified in your Order.

(b) The cost of delivery will be communicated at the time of placing your Order and/or included in any relevant quotation.

(c) You acknowledge that any date or time provided by us, or our delivery partners, for the delivery of the Goods is only an estimate. Delivery may be influenced by external third-party service providers, such as our delivery partners or the supplier of the ordered Goods. We are not responsible for any loss, damage, or claim arising from delivery delays that are beyond our reasonable control.

(d) Should you need to amend the delivery date or address, you must inform us promptly in writing.

(e) At our sole discretion, we may require a signature upon delivery of the Goods. If such a signature is required and neither you nor an authorised representative is present at the delivery address, we may either leave the Goods at the specified address or return them to our Store. In such cases, you will be required to collect the Goods from our Store or pay for redelivery.

(f) You must ensure that the delivery location is accessible, free of hazards, and safe for the Goods to be delivered by us or our delivery partners. If the delivery personnel determine that the delivery location is unsafe, they have the right to refuse to deliver at that time. You will then be responsible for paying the costs associated with rescheduling the delivery once the site is deemed safe.

(g) Ownership of the Goods will remain with us or our supplier until you have made full payment in accordance with the Terms. Until ownership is transferred, you must not take any actions that may create a lien, charge, encumbrance, or any other interest over the Goods.

(h) The risk associated with the Goods will transfer to you immediately upon delivery to the designated address. Once the risk has been transferred, you assume full responsibility for the Goods. You must verify that the Goods delivered are complete, undamaged, and meet the specifications of your Order before accepting the delivery.

(i) If you are collecting your Goods from our Store, we will notify you once your Order is ready, using the contact information provided during purchase. All Goods must be signed for either by you or an authorised representative. If neither you nor your representative is able to collect the Order on the agreed collection date, you must contact us to reschedule. If the Goods remain uncollected within 14 days of notification and no new collection date has been arranged, we may, at our absolute discretion, impose a daily storage fee or consider the Order cancelled, allowing us to resell the Goods. For custom-made or non-stocked Goods that remain uncollected, any payments made toward the Price will be forfeited.

7. Returns Refund, Hold and Cancellation Policy

(a) We do not accept returns or provide refunds for change of mind regarding one-off plans, service subscriptions, or any related product. Failure to complete on-boarding or check-ins does not entitle you to a refund. If a mistake is made by Bark Bites team, necessary adjustments will be made within two business days; however, this does not warrant a full refund.

(b) Upon enrolling in our coaching services, there is a mandatory minimum subscription period of eight weeks. Cancellations cannot be processed before this period ends. Additionally, cancelling a subscription requires at least two weeks’ notice via email to Support@bark-bites.com. No cooling-off period applies, and once enrolled, you are committed to the full eight weeks.

(c) Upon your request and with a minimum of 14 days’ written notice, we may place your Service Plan on hold for a single uninterrupted four-week period within any 12-week period during which we provide Services to you. While the plan is on hold, we will not provide services, and you will not be required to make payments. However, a hold cannot be placed during your initial eight-week commitment.

(d) Within your first eight weeks, you may only upgrade your service plan. After this period, you may upgrade, downgrade, or cancel your Weekly Service Plan with at least 14 days’ written notice to Support@bark-bites.com. Any difference in fees resulting from a change in service must either be paid by you or credited toward future payments, as applicable. If you are still within the eight-week minimum commitment, downgrades will be subject to the discretion of the Bark Bites Team. After this commitment period, service plan changes can be made without restriction. No cooling-off period applies.

(e) Refunds for one-off plans and services are only available before their creation. Once the plans or services have been provided, no refunds or changes of mind will be accepted.

(f) The Service Plan is non-transferable and cannot be resold or gifted to another person. Under no circumstances may the name on the original account be altered.

Australian Consumer Law

(g) These Terms do not alter or exclude any rights under the Australian Consumer Law. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund in cases of major failure and may receive compensation for any other foreseeable loss or damage. Additionally, you have the right to repair or replacement if the Goods are not of acceptable quality and the failure is not a major failure.

(h) If you return Goods to us to claim a remedy under the Australian Consumer Law, you will be responsible for any associated costs, such as return delivery charges.

(i) If your claim is deemed valid under the Australian Consumer Law, we will reimburse your return delivery costs and, depending on the failure, either dispatch new or repaired replacement Goods or issue a refund.

8. Manufacturer’s Warranty

(a) Certain Goods may include a warranty provided by the manufacturer. If a manufacturer’s warranty applies, details will be specified on the packaging, inside the package, or available on the manufacturer’s website (referred to as the “Manufacturer’s Warranty”). If a defect arises within the warranty period offered by the manufacturer, they may repair or replace the Goods or provide a refund or compensation depending on the nature of the defect.

(b) If the Manufacturer’s Warranty is applicable, you should contact us with details of the defect, including any relevant images and additional information we may require (such as proof of purchase). We will then liaise with the manufacturer regarding your claim under the Manufacturer’s Warranty. The manufacturer may request that the defective Goods be returned directly to them, and you may be responsible for any return costs.

(c) You acknowledge that the Manufacturer’s Warranty is provided by the manufacturer of the Goods, not by us. We do not offer any warranty against defects in the Goods, and, to the fullest extent permitted by law, our obligations regarding defective Goods are limited to the remedies available to you under Australian Consumer Law.

9. Limitations

(a) Notwithstanding anything to the contrary, and to the maximum extent allowed by law:

(1) Our total liability arising from or in connection with these Terms (including the supply of Goods or Services) is capped at the amount you have paid to us for the relevant Goods or Services under the claim in question; and

(2) We are not liable to you for any loss of profits (including anticipated profits), benefits (including anticipated benefits), revenue, business, goodwill, opportunities, savings (including anticipated savings), reputation, or use, whether under contract, statute, tort (including negligence), equity, indemnity, or otherwise.

(b) Notwithstanding anything else, and to the maximum extent permitted by law, we bear no liability, and you release us from any claims arising from:

(1) Loss or damage to Goods, or any injury or loss suffered by any individual;

(2) Delays or failures in delivering Goods;

(3) Any breach of these Terms or applicable laws, where the cause is due to:

(4) Circumstances beyond our reasonable control; or

(5) Your actions or those of related third parties.

Additionally, we are not responsible for any defect, error, omission, lack of functionality, or failure to deliver anticipated outcomes, benefits, or results concerning the Goods or Services.

10. Collection Notice

(a) We collect personal information about you to manage your account, process and dispatch your Orders, communicate with you, respond to inquiries, and for other permitted purposes.

(b) We may share your personal information with third-party service providers assisting us in supplying Goods or Services to you (such as delivery companies, IT service providers, inventory management software providers, web hosting services, payment processors, professional advisors, and business partners) or as required by law. If you do not provide the requested information, we may be unable to supply the Goods or Services. In some cases, your personal information may be stored or processed by third parties outside of Australia.

(c) By providing your personal information to us, you agree that we will collect, store, use, and disclose your information as described in these Terms.

11. Disclaimer and Limitation of Liability

(a) Nutritional Information Disclaimer The information, meal plans, and nutritional recommendations provided by Bark Bites are based on established canine nutrition guidelines. However, these recommendations are for informational and educational purposes only and should not be considered a substitute for professional veterinary advice, diagnosis, or treatment.

You acknowledge that Bark Bites does not provide veterinary services, and any dietary changes or modifications should be made in consultation with your veterinarian. Bark Bites assumes no liability for any adverse outcomes resulting from the implementation of these meal plans.

(b) No Guarantee of Results Bark Bites makes no guarantees about the specific outcomes or results from implementing the meal plans. Each dog’s response to dietary changes may vary depending on individual health conditions, activity levels, and other factors.

(c) Client Responsibility By using Bark Bites’ services, you agree to assume all risks associated with implementing raw or customised diets and acknowledge that Bark Bites is not liable for any consequences resulting from your decision to follow the provided meal plans.

12. General

(a) Disputes: Neither party may initiate court proceedings regarding any dispute arising from or related to these Terms without first attempting, in good faith, to resolve the dispute through a meeting with a senior representative of the other party (except where seeking urgent legal relief or addressing a matter of compliance).

(b) Notices: Any notice under these Terms must be in writing and sent to us at the contact details listed below or to you at the details provided when placing your Order or registered in your account. Notices may be delivered by post or email and will be considered served 48 hours after posting or at the time of email transmission.

(c) Waiver: Any delay or failure by either party in enforcing rights under these Terms does not constitute a waiver of those rights. Waivers must be documented in writing.

(d) Relationship Between Parties: These Terms do not create a partnership, joint venture, or agency relationship between you and us.

(e) Photographs: If you provide us with photographs of the Goods via email or social media (e.g., by tagging us), you consent to our use of those images for marketing purposes, including displaying them on our website and social media platforms.

(f) Feedback and Complaints: We welcome feedback and take concerns seriously. If you have any feedback or complaints, please contact us at the details provided below, and we will make reasonable efforts to resolve any issues.

(g) Severability: If any part of these Terms is found to be invalid, unlawful, or unenforceable, that portion will be read down to the extent necessary to be valid and enforceable. If it cannot be read down, it will be removed without affecting the validity of the remaining provisions.

(h) Assignment: You may not transfer any rights or obligations under these Terms, in whole or in part, without our prior written consent.

(i) Entire Agreement: These Terms represent the full agreement between you and us concerning their subject matter and supersede any prior agreements, representations, or understandings.

(j) Amendments: We may modify these Terms at our discretion by publishing updated terms on our website. Before placing an Order, you should review the latest version of the Terms to ensure you understand and agree with them. For accepted Orders, the applicable Terms will be those in effect when the Order was placed.

(k) Governing Law: These Terms are governed by the laws of News South Wales. Both parties submit to the exclusive jurisdiction of the courts in New South Wales and any appellate courts with jurisdiction over those courts, waiving any objections to proceedings in those courts.

For any questions, please contact us at: Bark Bites Premium Co Pty Ltd

Email: Support@bark-bites.com