Terms of service
Terms of Service
Overview
This website is operated by Musashi Merce. Throughout these terms, "we," "us," and "our" refer to Musashi Merce.
By accessing our website or making a purchase, you agree to be bound by these Terms of Service. If you do not agree, please do not use our website or services.
We reserve the right to update these Terms of Service at any time by posting changes to this page. Your continued use of the website after changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products to you.
1. Australian Consumer Law
Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable law that cannot be excluded, restricted, or modified by agreement.
Where our liability cannot be excluded under the Australian Consumer Law, our liability is limited to (at our election): (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; or (c) the refund of the purchase price of the goods.
2. Eligibility
By using this website, you represent that you are at least 18 years of age or have the consent of a parent or guardian to use this site.
3. Products and Pricing
All prices are displayed in Australian Dollars (AUD) and include GST where applicable.
We make every effort to display product colours and images accurately. However, we cannot guarantee that your device's display will render colours exactly as they appear in person. Minor variations in colour, texture, or appearance between the product and its representation on our website do not constitute a fault.
We reserve the right to modify pricing, discontinue products, or limit quantities at any time without prior notice. If we cancel or modify an order, we will attempt to notify you using the contact details provided at the time of purchase.
Product descriptions, specifications, and sizing information are provided as a guide only. While we aim for accuracy, we do not warrant that all product information is complete, current, or error-free. It is your responsibility to review product details, including our sizing guide, before purchasing.
4. Orders and Payment
By placing an order, you are making an offer to purchase. We reserve the right to accept or decline any order at our discretion. An order is accepted when we send a shipping confirmation email.
You agree to provide accurate, current, and complete billing and account information for all purchases. Payment is processed securely through Shopify's payment gateway. We do not store your credit card details.
We reserve the right to refuse or cancel orders that appear to be placed by resellers, or where we suspect fraudulent activity.
5. Shipping and Delivery
We ship to addresses within Australia only. Shipping timeframes provided at checkout and in confirmation emails are estimates only and are not guaranteed.
Risk of loss and title for products pass to you upon our delivery of the product to the shipping carrier. We are not responsible for delays, loss, or damage caused by the shipping carrier once an order has been dispatched. We recommend selecting tracked shipping where available.
For further details, refer to our Shipping Policy.
6. Returns, Exchanges, and Refunds
Returns, exchanges, and refunds are handled in accordance with our Return & Exchange Policy, which forms part of these Terms of Service.
Our Return & Exchange Policy does not exclude or limit your rights under the Australian Consumer Law.
7. Product Use, Disclaimer, and Assumption of Risk
Our products — including harnesses, leashes, and accessories — are designed as pet accessories and walking aids. They are not safety devices, restraint systems, or escape-proof equipment.
By purchasing and using our products, you acknowledge and agree that:
(a) No harness, leash, or accessory is escape-proof. Dogs may slip out of, break, or chew through any product regardless of proper fit and use.
(b) You are solely responsible for selecting the correct size for your dog using our sizing guide, ensuring proper fit and adjustment before each use, and supervising your dog at all times while our products are in use.
(c) You will regularly inspect our products for signs of wear, damage, fraying, or weakened materials, and discontinue use immediately if any deterioration is found.
(d) PawsomePal accepts no liability for injury to any person or animal, property damage, loss of pet, veterinary expenses, or any other loss or damage arising from: improper sizing or fit; failure to supervise your dog during use; normal wear and tear; use of a product beyond its reasonable lifespan; misuse, modification, or alteration of the product; or any event outside our reasonable control.
(e) Dogs are unpredictable animals. You assume all risk associated with using our products in any environment, including but not limited to walks, parks, public spaces, and near roads or traffic.
This disclaimer does not limit your rights under the Australian Consumer Law. If a product has a genuine manufacturing defect or is not fit for its stated purpose, your rights to a remedy under the Australian Consumer Law apply in full.
8. Limitation of Liability
To the maximum extent permitted by law, PawsomePal, its owner, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, veterinary costs, property damage, personal injury, or loss of a pet, arising from or related to your use of our website, products, or services.
Where we are found liable for any claim, our total liability is limited to the purchase price you paid for the product giving rise to the claim.
This limitation of liability does not apply to the extent that it would contravene the Australian Consumer Law or any other applicable law.
9. Intellectual Property
All content on this website — including but not limited to product designs, photography, graphics, logos, text, trademarks, and brand elements — is the property of PawsomePal (Musashi Merce) or its licensors and is protected by Australian and international intellectual property laws.
You may not reproduce, copy, distribute, sell, or commercially exploit any content from this website without our prior written permission.
10. User-Submitted Content
By submitting any content to us — including but not limited to product reviews, photographs, social media posts, or email replies containing images — you grant PawsomePal a perpetual, royalty-free, worldwide, non-exclusive licence to use, reproduce, modify, publish, and display that content across any medium, including our website, social media accounts, email marketing, and advertising materials.
You represent that any content you submit is your own original work, does not infringe on any third party's rights, and that you have obtained any necessary consents (including from individuals appearing in photographs).
We are under no obligation to use, publish, compensate you for, or return any submitted content. We may remove any user-submitted content at our sole discretion.
11. Third-Party Links and Services
Our website may contain links to third-party websites or services that are not operated or controlled by us. We are not responsible for the content, accuracy, privacy practices, or policies of any third-party websites.
We do not endorse or assume liability for any third-party products, services, or content. Your use of third-party websites is at your own risk, and we encourage you to review their terms and privacy policies.
12. Privacy
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms of Service. By using our website and making a purchase, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
13. Website Accuracy and Availability
We strive to ensure that the information on our website is accurate, but we do not warrant that it is complete, current, or error-free. We reserve the right to correct errors, update information, or cancel orders if any information is inaccurate, at any time without prior notice — including after you have submitted an order.
We do not guarantee that our website will be available at all times or that access will be uninterrupted, secure, or error-free. We may modify, suspend, or discontinue the website or any part of it at any time without notice.
14. Prohibited Uses
You agree not to use our website or services: (a) for any unlawful purpose or in violation of any applicable Australian law; (b) to infringe upon the intellectual property or other rights of any person or entity; (c) to transmit any malicious code, viruses, or harmful software; (d) to collect, harvest, or scrape personal information from our website; (e) to interfere with the security, functionality, or performance of our website; or (f) to submit false, misleading, or fraudulent information, including in connection with orders or returns.
We reserve the right to terminate your access to our website for violating any of these prohibited uses.
15. Indemnification
You agree to indemnify, defend, and hold harmless PawsomePal (Musashi Merce), its owner, agents, and suppliers from and against any claims, demands, damages, costs, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms of Service; (b) your use or misuse of our products; (c) your violation of any applicable law; or (d) any content you submit to us.
16. Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
17. Governing Law and Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from or relating to these Terms of Service or your use of our website or products shall be subject to the exclusive jurisdiction of the courts of New South Wales.
18. Entire Agreement
These Terms of Service, together with our Return & Exchange Policy, Shipping Policy, and Privacy Policy, constitute the entire agreement between you and PawsomePal regarding your use of our website and purchase of our products. They supersede any prior agreements, communications, or understandings, whether written or oral.
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
19. Contact
For any questions about these Terms of Service, please contact us:
Email: team@pawsomepal.com.au