Terms & Conditions

These Terms & Conditions (“Terms”) govern the relationship between you, as a visitor or user of this website, and Petz Direct, as the owner and operator of the website.

These Terms apply to your use of the website, including any products or services made available through it. By accessing, browsing or using this website, you acknowledge that you have read, understood and agreed to be bound by these Terms.

If you do not agree with these Terms, please do not use this website.

2.1 Definitions

For purposes of these Terms:

• “Terms”means these Terms & Conditions together with any other applicable policies, disclaimers, rules, notices or specific terms that may apply to a particular section, service or feature of the website.
• “Petz Direct”, “we”, “us” or “our” means Petz Direct (Pty) Ltd, the owner and operator of this website, and includes our officers, employees, agents, representatives, associates and service providers where these Terms limit or exclude our liability.
• “you” or “your” means any person who visits, accesses or uses this website, including any person, business, website, agent or automated system acting on behalf of or in connection with such visitor.

2.2 Interpretation

Where a general provision in these Terms conflicts with a specific term applicable to a particular product, service, section or feature of the website, the specific term will take precedence.

Specific terms may apply to a particular section of the website or may be specifically agreed between you and Petz Direct.

3.1 Licence to use the website

We grant you a limited, non-exclusive and revocable licence to access and use this website for lawful personal or business purposes, subject to these Terms. We reserve the right to withdraw or terminate this licence at any time and for any lawful reason.

Your right to use the website will automatically terminate if you use the website in a manner that is not permitted by these Terms without first obtaining our written permission.

3.2 Breach of these Terms

If you breach any provision of these Terms or infringe the rights of Petz Direct or any third party, including intellectual property rights, we may:

• terminate or suspend your access to the website;
• block or restrict your use of the website;
• seek specific performance or other appropriate legal remedies;
• claim damages where applicable; and
• take any other action permitted by law.

Any action we take will be without prejudice to any other rights or remedies available to us.

3.3 Framing and linking

You may not frame this website or any of its pages within another website or platform.

You may link to the home page of our website, provided that the link does not:

• imply that Petz Direct endorses, sponsors or supports you or your website;
• suggest that you have any rights in our website or intellectual property; or
• otherwise misrepresent your relationship with Petz Direct.

You may not create deep links to other pages of our website without our prior written permission.

3.4 Automated access and virtual agents

You may not use spiders, crawlers, bots, scraping tools, automated systems or other virtual agents to access, search, copy, collect or extract information from our website without our prior written permission.

By using this website, you confirm that you have the legal capacity and authority to agree to these Terms. You confirm that:

• you are at least 18 years old, or otherwise legally regarded as an adult and have the legal capacity to enter into these Terms; or
• if you are under 18, you have obtained the permission of your parent or legal guardian to use this website.

If you do not have the required legal capacity or permission, you may not use this website.

You agree that any information you provide to Petz Direct or through this website will be accurate, truthful and current.

You are responsible for updating information where necessary to ensure that it remains accurate and complete.

6.1 Ownership

Unless expressly stated otherwise, all rights, title and interest in and to the website, including its content, design, layout, graphics, text, images, logos, software and other materials, belong to Petz Direct or the relevant third-party owner or licensor. All applicable copyright, trademark, patent and other intellectual property rights are reserved.

6.2 Trade marks

The Petz Direct name, logo, branding, trademarks, trade names and related marks are owned by or licensed to Petz Direct. You may not use, reproduce, modify or display any Petz Direct trademark or branding without our prior written permission.

Any third-party trademarks, product names or trade names appearing on the website remain the property of their respective owners.

6.3 Restrictions

Unless expressly permitted by these Terms or by applicable law, you may not:

• modify or create derivative works from the website or its content;
• copy, reproduce or distribute the website or its content;
• sell, lease, rent, licence or otherwise commercially exploit the website;
• reverse engineer, decompile or attempt to discover the source code of any website software;
• reproduce or redistribute website content; or
• otherwise use the website or its content without our prior written permission.

7.1 Use of the website at your own risk

The website is provided on an “as is” and “as available” basis.

To the extent permitted by law, Petz Direct makes no express or implied warranties or representations regarding the website, including its quality, suitability for a particular purpose, accuracy, completeness, availability, reliability, currency, security, freedom from errors or defects, freedom from malicious software, or uninterrupted availability.

You use the website at your own risk.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable South African law.

7.2 Indemnity

To the extent permitted by law, you agree to indemnify and hold Petz Direct, its employees, officers, agents and service providers harmless against any claims, demands, losses, damages, costs or liabilities, including reasonable legal costs, arising from or relating to:

• your use of the website;
• your breach of these Terms;
• your violation of another person’s rights; or
• your unlawful or unauthorised use of the website.

7.3 Website faults

We will take reasonable steps to correct technical faults or errors on the website once we become aware of them. To the extent permitted by law, our responsibility for faults in the website is limited to taking reasonable steps to remedy the relevant fault.

7.4 Direct damages

To the maximum extent permitted by applicable law, Petz Direct’s total liability to you for direct damages arising from or relating to your use of the website will be limited to R100. This limitation applies regardless of whether the claim arises from contract, delict, negligence or any other legal cause of action, and will not apply where applicable law prohibits such limitation.

7.5 Indirect or consequential damages

To the maximum extent permitted by law, Petz Direct will not be liable for indirect, incidental, special or consequential losses or damages arising from your use of the website. This may include, without limitation, loss of profits, loss of goodwill, loss of business, loss of use or loss or damage to data.

7.6 Third-party websites

We are not responsible for the content, availability, security, accuracy or privacy practices of third-party websites linked to or accessible through our website. Your use of third-party websites is subject to the terms and policies applicable to those websites.

8.1 Entire agreement

These Terms, together with any applicable policies, notices and specific terms published on the website, constitute the agreement between you and Petz Direct regarding your use of the website.

8.2 Changes to the website

We reserve the right to modify, suspend or discontinue any part of the website, including its content, functionality or availability, at any time and without prior notice. To the extent permitted by law, Petz Direct will not be liable for any consequences arising from such changes, suspension or discontinuation.

8.3 Changes to these Terms

We may amend these Terms from time to time by publishing an updated version on our website. If you do not agree to the updated Terms, you must stop using the website. Your continued use of the website after the updated Terms have been published will constitute your acceptance of the amended Terms, to the extent permitted by law.

8.4 Website records

Where an authorised representative or administrator of Petz Direct provides written confirmation of information relating to the website, such confirmation may be used as evidence of the relevant information, including the version of these Terms applicable at a particular time or the content or functionality available on the website at that time.

8.5 Waiver

If we do not immediately enforce any right or provision contained in these Terms, this does not mean that we have waived that right or provision. Any waiver will only be effective if expressly made in writing.

8.6 Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as severed or amended to the minimum extent necessary, while the remaining provisions will continue in full force and effect.

8.7 Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Subject to any mandatory legal requirements, the applicable courts of South Africa will have jurisdiction over disputes arising from or relating to these Terms or your use of the website.

9.1 Recurring or auto-orders

Where Petz Direct offers a recurring or auto-order service, such service will be subject to these Terms, our Privacy Policy, our applicable delivery and returns policies, and any additional terms displayed when you sign up for the service.

By setting up an auto-order, you authorise Petz Direct and/or its payment service provider to process future orders using the payment method selected by you, at the frequency and quantity chosen by you. Recurring orders will continue until you cancel the service in accordance with the applicable cancellation process.

The price of future orders may vary due to changes in product prices, promotions, delivery charges, quantities or other applicable charges. Petz Direct reserves the right to withdraw or refuse a promotional discount or special offer where permitted by the applicable promotion terms. Any price guarantee applicable to an auto-order will be subject to the specific terms and conditions communicated with that offer.

9.2 Unpaid orders

Orders that have not been paid for will only be processed once payment has been received and confirmed. Where applicable, we may allow a payment period of up to 10 days from the date and time the order is placed.

If payment is not received and confirmed within the applicable payment period, the order may be automatically cancelled, and any promotional discount or special offer attached to that order may be forfeited.

We also reserve the right to cancel an unpaid order before the end of the applicable payment period where a promotional discount or special offer used with the order has a fixed expiry date that occurs before the payment period ends.

1. All product orders placed through our website are subject to product availability.
2. Displayed prices, promotions, product descriptions and availability may change from time to time.
3. We will make reasonable efforts to ensure that product information and pricing displayed on our website is accurate.
4. If an error occurs in the price, description or availability of a product, we reserve the right to correct the error and, where applicable, offer you the option to confirm the purchase at the correct price or cancel the affected order.
5. An order will only be regarded as accepted and confirmed once payment has been successfully received and the order has been confirmed by Petz Direct.
6. Additional terms relating to delivery, returns and refunds are contained in our Delivery Terms and Returns and Refund Policy.

This website has been developed to provide customers with a convenient, user-friendly and efficient browsing and shopping experience. While we make every reasonable effort to ensure that the website operates correctly and that the information provided is accurate and current, technical errors, bugs or interruptions may occasionally occur. You therefore use this website at your own risk.

The information contained on this website is provided for general informational purposes only. While Petz Direct makes reasonable efforts to ensure that the information on the website is accurate, complete and up to date, we make no express or implied representations or warranties regarding the accuracy, completeness, reliability, suitability, availability or currency of the website or any information, products, services, images or other content displayed on it. Any reliance you place on information obtained from this website is therefore at your own risk.

To the maximum extent permitted by applicable law, Petz Direct will not be liable for any loss, damage or injury arising from or relating to your use of this website or products purchased through it, including any direct, indirect, incidental or consequential loss or damage, loss of data, loss of profits, business interruption or other economic loss. Nothing in this disclaimer is intended to exclude or limit any liability that cannot lawfully be excluded or limited under applicable South African law.

Our website may contain links to third-party websites that are not owned, operated or controlled by Petz Direct. We have no control over the content, security, availability, privacy practices or operation of these external websites. The inclusion of a link to a third-party website does not necessarily mean that Petz Direct endorses, recommends or approves the website, its content, products or services, or any views expressed on it. Your use of third-party websites is at your own risk and is subject to the terms and policies applicable to those websites.

We make reasonable efforts to keep our website available and operating properly. However, Petz Direct cannot guarantee uninterrupted access to the website and will not be responsible for temporary unavailability, interruptions, delays or technical problems caused by circumstances beyond our reasonable control.

By using this website, you acknowledge and accept the limitations and conditions contained in this disclaimer.