GENERAL CONDITIONS CEVA ANIMAL HEALTH 2024

1. APPLICATION OF THE GENERAL CONDITIONS
1.1. Scope of application: These general terms and conditions of sale (hereinafter the "GTC") govern, without restriction or reservation, all online sales of products (hereinafter the "Products") concluded on the merchant website available at the following URL address: www.Feliway.com.au (hereinafter the "Site"), between the company Ceva Animal Health Pty Ltd (ACN 002 692 426), PO Box 147, Moores Road, Glenorie NSW 2157; Tel: 02 9652 7000, (hereinafter "Ceva") and any consumer as defined by the Australian Consumer Law (as contained in Schedule 2 of the Competition and Consumer Act 2010) (hereinafter the "Customer"). The Site is exclusively intended for consumers for their strictly private use.

Ceva reserves the right to unilaterally adapt or modify these GTC at any time and without notice. Modifications will be effective immediately when posted on the Site but will not impact any orders that have already been placed on the Site. The version of the GTC applicable to the sale of Products is the one appearing on the Site on the date the Customer places the order for Products. The present GTC are written in English.

1.2. Acceptance of the GTC: The present GTC are accessible to the Customer and more generally to any user of the Site directly by clicking on the link "Terms of Sale" on the Product sale page of the Site. Any order placed on the Site is conditional upon the Customer's prior and unreserved consultation and acceptance of the GTC by checking the box "By checking this box, I accept the general terms and conditions of sale". The order of Products by the Customer thus implies the full and unreserved acceptance of the GTC. Subject to applicable law, no condition can prevail over the present GTC.

IMPORTANT INFORMATION:
The Products come with guarantees that cannot be excluded under Australian Consumer Law.
However, to the extent possible under law, Ceva shall not be liable for any loss, claim or damage whether based in contract, tort, strict liability or otherwise, which arises out of:

• the use or inability to use, the Site or content found on the Site;
• failure of the Customer to use the Products in accordance with Ceva’s instructions; or
• any results or lack of results following use of the Products.
  

Ceva's Products are supplied for domestic or private use only. The Customer may not use the Products for any commercial or business purpose, and Ceva shall have no liability whatsoever to a Customer for any loss of profit, business interruption, loss of business, or loss of business opportunity.
To the extent permitted by law, Ceva’s liability in contract, tort (including negligence or breach of statutory duty), by statute or otherwise, in aggregate for all claims arising under or in connection with any Contract, must not exceed the total dollar amount of the Products purchased by the Customer under that Contract.

2. DESCRIPTION AND AVAILABILITY OF PRODUCTS

2.1. Description of the Products: Ceva allows the Customer to order and purchase its range of FELIWAY brand veterinary products, excluding veterinary drugs and foodstuffs, through the Site. The Products available for sale are those listed on the Site on the day of the order. Information on the essential characteristics of each Product is available on the Site (photographs, specifications, description of the Products etc.). The characteristics and visuals are for illustrative purposes only and are not intended to be contractual in nature. Although every effort is made to be as accurate as possible, our Products may vary slightly from those indicated on the Site. However, if any such variations impact your order, we will notify you and give you the opportunity to cancel your order.

2.2. Product availability: All Products shown on the Site are subject to availability and Ceva reserves the right to withdraw at any time one or more Products presented for sale on the Site and to replace or modify any information relating to the Products. Orders will be honored within the limits of available stocks. In the event of unavailability of Products, Ceva undertakes to inform the Customer as soon as possible by e-mail to the e-mail address indicated by the Customer when placing the order on the Site. The Customer may choose another Product or cancel the order and be reimbursed as soon as possible by Ceva, and in any event within fourteen (14) days of the Customer cancelling the order.

3. PRODUCT PRICE

The prices of the Products invoiced are those appearing on the Site at the time of the Customer placing a valid order. The prices are indicated in Australian dollars and all taxes (including GST) are included. The prices are indicated excluding shipping costs. Any shipping costs, depending on the amount of the Customer's order, are shown on the order summary, before the order is confirmed and the Customer pays.

The prices of the Products do not constitute offers that can bind Ceva beyond the date on which the order was placed. Ceva reserves the right to modify its prices on the Site at any time and without notice. If the Customer opts for a subscription, the Recurrent Order, as defined in Article 5 of these GTC, shall be Delivered at the price in effect on the date the applicable Recurrent Order is placed. Customer shall have the option to cancel its subscription and Recurrent Order at any time in accordance with Article 5 of these GTC. Ceva will notify the Customer via an email from contact@feliway.com.au of any price changes for Products that have been selected by the Customer for a Recurrent Order and will give the Customer an opportunity to cancel a Recurrent Order following a price increase. In the absence of a cancellation by the Customer, any new Product price adopted by Ceva will be deemed accepted by the Customer and will apply to subsequent Recurrent Orders.

The prices shown on the Site only apply to orders placed via the Site. They do not apply to Products purchased via other channels.

4. ORDERS

4.1. Creating an account to place an order: To place an order, the Customer can create an account through the "My Account" section or use the Site as a guest, without opening an account. If the Customer wishes to create an account, this registration is carried out by filling in the online form which requires the following Customer identification data: first name, last name, e-mail address, password, as well as the following identification data of the Customer's animal: name, breed, age. The password for the Customer's account must meet the criteria described on the registration screen.

The password for the Customer's account should be kept strictly private and confidential. Ceva recommends that the Customer change his/her password regularly. The Customer shall not share his/her password with any other person, and shall be fully responsible for all actions taken under his/her account. The Customer is responsible for the loss or theft of his/her password. In this case, the Customer must inform Ceva without delay.

After the creation of the account, the Customer will receive an email from Ceva to activate his/her account and registration.

If the Customer already has an account, he/she will only have to identify himself/herself with his/her email address and password.

4.2. Selection of Products: Placing an order on the Site is reserved for Customers residing in Australia. Placing an order on the Site is subject to compliance with the procedure set up by Ceva, which includes successive steps leading to the validation of the order. The Customer selects the Product(s), the quantity of Products he/she wishes to purchase, and, if applicable, the recurrence of his/her order in the context of a subscription, and adds them to the electronic basket (hereinafter, the "Basket") by clicking on the "Add to Basket" button:

- The contents of the Basket are displayed and the Customer can either click on the "continue shopping" button or click on the "place my order" button to access the delivery stage;

- when the Customer has an account, he/she can connect to his/her account via the "open a session" button and enter his/her delivery data: first name, last name, delivery address, telephone number if these are different from the data recorded during registration. If that data is the same as provided during registration, the Customer will simply confirm the information provided;

- when the Customer does not have an account: he/she must enter his/her e-mail address and delivery information: e-mail address, first name, last name, delivery address, telephone number.

After having filled in the required information, as well as, if the Customer wishes, the information relating to his/her animal, the Customer can click on the button "continue to shipping" to choose his/her mode of delivery, and then on the button "continue to payment" to reach the summary of the order.

A summary of the order is displayed, summarizing all the information of the order relating to the quantities of selected Products, the price of the Products, any possible discounts, and the possible related shipping costs.

The Customer can insert a discount code on this screen and then click on the "Apply" button to see the discounted prices.

At any time, the Customer may (i) consult the summary of the selected Product(s) in his or her shopping cart by clicking on the "my cart" tab, (ii) continue the selection by continuing his or her purchases from the Site or (iii) complete the order.

4.3. Payment to complete the order: To definitively validate the order and proceed to the payment of the Product Price, the Customer must click on the box "By checking this box, I accept the general sales conditions" and if applicable, on the box "I confirm that I wish to subscribe to this Product. My order for this Product will be renewed at the price indicated, for the quantities, and at the frequency I have chosen. I may cancel my subscription at any time."

The Customer is then invited to choose his/her method of payment. The payment of the order can be made by debit or credit card or, for Customers using the Safari browser, through Apple Pay or PayPal.

- when the Customer chooses to pay by debit or credit card, he/she will enter: his/her card number, the expiry date of the card, the name of the cardholder and the visual cryptogram. The payment by card is secured, where possible, via the 3D Secure payment interface, in order to protect all the data related to the means of payment as effectively as possible;

- when the Customer chooses to pay by Apple Pay: he clicks on the "Apple Pay" button. The Customer will then be routed to the Apple Pay page to proceed with the payment.

Payment is made via the secure Stripe payment interface. The Customer can access the general terms and conditions of use of this interface by clicking on the following hyperlink: stripe.com/en/privacy. Any guarantee as to the security of this system is entirely the responsibility of Stripe and Ceva accepts no liability in relation to this interface.

At no time will the Customer's bank details be transmitted to a third party. The Customer expressly acknowledges that the communication of his/her bank card number on the secure payment interface is equivalent to an authorization to debit his/her bank account for the amount of the invoiced price.

When the Customer chooses to pay by ApplePay: He/she clicks on the "ApplePay" button. The Customer will then be directed to the ApplePay page to proceed with the payment by confirming his/her payment method as well as the contact details and delivery address in the way required and under the conditions established by ApplePay.
If the Customer chooses to pay by Paypal, a new page will open and the Customer will be sent to the Paypal website, he/she will be required to connect or create an account and proceed to the payment of his/her order in the way required and under the conditions established by Paypal, which can be consulted on the Paypal website.
To complete the purchase process, the Customer must finalise his/her order by confirming his order in the way required by the device used: "Buy Now" button; or “Confirm purchase” button or double clicking on appropriate button on Apple devices.
Orders will only be processed by Ceva and Delivered to the Customer once full payment has been received for Products and an email has been sent by Ceva to the Customer confirming his/her order.

4.4. Recurrent Order

When selecting the Products eligible for subscription and their quantity, the Customer can choose to make his/her order recurrent (hereinafter the "Recurrent Order"). The Customer will then receive, for an indefinite period of time, the same type and quantity of Products as the one appearing on his/her reference order according to an interval that he/she chooses, between one (1) and six (6) months. The Customer will have the right to cancel the subscription at any time.

Please note that, as set out in Article 3 of these GTC, a Recurrent Order will be Delivered at the price in effect on the date the applicable Recurrent Order is placed. Ceva will notify the Customer via an email from contact@feliway.com.au of any price changes for Products that have been selected by the Customer for a Recurrent Order and will give the Customer an opportunity to cancel a Recurrent Order following a price increase.
Where the Customer makes a Recurrent Order, the Customer will benefit from a discount on the amount of the Products that are the subject of the Recurrent Order (hereinafter the "Recurring Product(s)"), the amount of which is indicated on the Product page. The net discounted price of the Recurring Product is displayed in the shopping cart.
The Paypal or the ApplePay payment options are not available for Recurring orders.
Customer can cancel its subscription and Recurrent Order at any time in accordance with Article 5 of these GTC.

5. ORDER CONFIRMATION AND CANCELLATION

5.1. Order Confirmation: Once the payment has been made by the Customer and validated by Stripe, Ceva will send the Customer an order confirmation e-mail summarizing the Products ordered, the price of the Products, any shipping costs for the Products, Ceva's contact information, a link to the general terms and conditions of sale applicable at the time of the sale. The order confirmation summarizes the purpose and terms of the sale. It is proof of the completeness of the order and of the payment of the sums due in execution of the order and forms the agreement of sale concluded between the parties. The order confirmation also contains a link to the invoice corresponding to the Customer's order, which the Customer can download. The invoice is also available in the "My Account" section of the Site.

5.2. Subscription confirmation: If applicable, the Customer will also receive an e-mail confirming the Recurrent Order, summarizing the Recurring Products, the current price of the Recurring Products (without prejudice to the price adjustment mechanism provided for in Article 3 above), the recurrence frequency, the possible shipping costs of the Products, the date of the next payment, the delivery address and the means of payment, a link to the subscription management page as well as Ceva's contact details, and a link to the general terms and conditions of sale applicable at the time of the sale.

5.3. Recurrence Alert: If applicable, the Customer will also receive an e-mail at an interval depending on the Recurrent Order frequency chosen by the Customer, forty-eight (48) hours before the Recurrent Order is to be placed, informing him/her that the Recurrent Order will be placed in 48 hours. At each Recurrent Order due date as set by the Customer, the quantities of Products set by the Customer will be sent to the Customer and payment will be taken automatically but according to the terms chosen when the Recurrent Order was placed, on the payment method chosen by the Customer.

5.4. Recurring Order Confirmation: Unless the Customer cancels beforehand, the Recurrent Order will be placed and the payment will be taken, automatically, on the due date. The Customer will then receive a Recurrent Order confirmation e-mail summarizing the Products sent, the price of the Products, any shipping costs, Ceva's contact information, a link to the general terms and conditions of sale applicable at the time of the sale. The Recurrent Order confirmation summarizes the purpose and terms of the sale. It is proof of the completeness of the order and of the due date of the sums due in execution of the Recurrent Order and forms the sales agreement between the parties. The order confirmation also contains a link to the invoice corresponding to the Customer's order, which the Customer may download, the invoice is also available in the "My Account" section of the Site.
The Recurring Order Confirmation also contains a reminder of the recurrence frequency, the Products, the price of the Products, the possible shipping costs of the Products, the delivery address and the payment method, and a link to the subscription management page.

5.5. Cancellation of the order by Ceva: In case of refusal of payment authorization by the Customer's bank, the order for Products will be cancelled by Ceva.

Ceva reserves the right not to confirm an order for any reason whatsoever, in particular due to a problem with the supply of the raw materials making up the Products, a problem with the order received or with the information provided by the Customer enabling delivery to be made (e.g. lack of a delivery address). In the event that a Product is out of stock, Ceva will inform the Customer as soon as possible by e-mail. The Customer may choose another Product or cancel the order and be reimbursed as soon as possible by Ceva, and in any event within fourteen (14) days of the Customer cancelling the order.

5.6. Cancellation of the order by the Customer: The Customer may cancel his/her order at any time, except once the order has been shipped, without prejudice to the Customer's rights under the Refund Policy set out in Article 7 of these GTC or otherwise under law.

5.7. Cancellation of Recurrent Order by the Customer: The Customer may cancel his/her Recurrent Order, at any time, by clicking on the "manage my subscription" link contained in the Recurrent Order confirmation e-mail or in the e-mail alerting the Customer before he/she repeats the Recurrent Order, or on the Site, on the "My Account" page, this link being accessible before logging into the "My Account" section.

6. PRODUCT DELIVERY

6.1. Notion of delivery: The delivery means the transfer to the Customer of the physical possession of the Products (hereafter the "Delivery" and "Delivered" shall be construed accordingly).

6.2. Delivery Times: The Product order will be processed and dispatched within four (4) business days following the receipt of the order by Ceva. In order for Ceva to meet these deadlines, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address. Ceva shall not be liable for any delay in the Delivery of the Products due to events beyond Ceva's reasonable control which shall include (without limitation): weather, strikes, riots, acts of God, acts of government, war (whether declared or not) or threat or preparation for war or epidemics (a "Force Majeure Event"). Ceva will notify the Customer as soon as reasonably possible if Delivery will be impacted by Force Majeure Event.


If the Delivery of the Products has not occurred within thirty (30) calendar days after the order confirmation, the Customer will be free to cancel the order and request a refund of the price of the Products and the related costs directly on the Site or by registered letter to the address indicated in Article 1.1 of these GTC. The order shall be considered cancelled as of the receipt by Ceva of the Customer's notice of cancellation, unless the Delivery has taken place in the meantime or the delay is due to Force Majeure Event.

6.3. Place of delivery of the Products and transfer of risk: The Products will be Delivered to the delivery address indicated by the Customer when placing the order. The Products are transported at Ceva's risk until Delivery. From the time of Delivery, the risk of loss or damage is borne by the Customer. Title to all Products supplied to the Customer will be retained by Ceva until Ceva has accepted and confirmed the Customer’s order in accordance with these GTC and have received the payment for the Products in full.

7. RETURNS POLICY

It is important to Ceva that its customers are satisfied with their online purchases. If the Customer is not completely satisfied with a Product ordered from the Site, the Customer may obtain an exchange or refund in accordance with the Change of Mind Returns Policy and Refund Policy below.

The Customer also has a right under the Australian Consumer Law (“ACL”) and nothing in these GTC will limit or affect the Customer’s rights as a consumer under the ACL, for example to obtain a remedy because the Product does not meet the acceptable quality guarantee under the ACL.

7.1. Change of Mind Returns Policy: If the Customer has changed his/her mind about a Product purchased from the Site, the Customer can return that Product to Ceva within 30 days of purchase and Ceva will refund the original purchase price of that Product provided the Product is returned in its original condition and packaging and is re-saleable.

The Customer can return a Product by sending a return request to Ceva's customer service department by filling out the online form at the following address https://feliway.com.au/pages/contact-us. The Product must be returned in its original condition and packaging with the tax invoice received by the Customer with the online order (or another proof of purchase acceptable to Ceva).

If Ceva finds that the Product returned by the Customer has been damaged as a result of handling other than that necessary to establish the nature and characteristics of the Product, Ceva reserves the right to refuse to refund the Product.

If the refund is accepted, Ceva undertakes to refund the Customer the full price of the Product within fourteen (14) days of receiving the Products back. Refunds for orders paid by debit or credit card will be made via the debit or credit card used for payment via the Stripe interface or via Apple Pay, at no cost to the Customer.

The return of a Product by a Customer who has subscribed to a Recurrent Order shall constitute the cancellation of the Customer's Recurrent Order and Recurring Product(s).

7.2. Refund Policy: The Change of Mind Returns Policy does not affect the Customer’s rights under the Australian Consumer Law. The Customer has consumer guarantees under the Australian Consumer Law that cannot be limited by Ceva. If the Product ordered is not of acceptable quality, is not fit for its purpose or is different from its description or sample, then the Customer may be eligible for a refund, exchange or any drop in value of the Product (if the Customer chooses to keep it).

If the Customer has purchased a Product with a major fault, the Customer has the right to ask for their choice of a replacement or refund. If the Customer has purchased a Product with a minor fault, Ceva can choose to give the Customer repair, replace or refund the Customer for the Product.

Products returned on the basis that they meet consumer guarantees can be returned within a reasonable timeframe subject to proof of purchase.



8. LIMITATION OF LIABILITY
You have rights under the Australian Consumer Law and nothing in these GTC is intended to limit these rights. However, except to the extent those rights apply, Ceva shall not be liable for any loss, claim or damage whether based in contract, tort, strict liability or otherwise, which arises out of:

- the use or inability to use, the Site or content found on the Site;

- failure of the Customer to use the Products in accordance with their instructions; or

- any results or lack of results following use of the Products.

Ceva's Products are supplied for domestic or private use only. The Customer may not use the Products for any commercial or business purpose, and Ceva shall have no liability whatsoever to a Customer for any loss of profit, business interruption, loss of business, or loss of business opportunity.
Nothing in these GTC shall exclude or limit Ceva's liability:

- for death or personal injury caused by Ceva's negligence;

- for fraud or fraudulent misrepresentation;

- for any matter which may not be lawfully excluded or limited by applicable law.

To the extent permitted by law, Ceva’s liability in contract, tort (including negligence or breach of statutory duty), by statute or otherwise, in aggregate for all claims arising under or in connection with any Contract, must not exceed the total dollar amount of the Products purchased by the Customer under that Contract.

9. INTELLECTUAL PROPERTY

The Site is an intellectual work protected by intellectual property law. The Site is the exclusive property of Ceva. Any reproduction or representation, in whole or in part, of the Site on any medium whatsoever, for any other purpose, and in particular for commercial purposes, is expressly forbidden.

The trademarks, logos, documents, studies, domain names, images, videos, texts, know-how and more generally any other information subject to intellectual property rights in connection with the Products are and remain the exclusive property of Ceva. No transfer of intellectual property rights is made through these GTC.

The Customer acknowledges and accepts in particular that the Products are subject to intellectual property rights and are the exclusive property of Ceva.

The Customer may not mention or use the trademarks, logos, domain names, images, videos, texts, know-how and any other intellectual property rights belonging to Ceva without Ceva's express, written and prior authorization. In this respect, Ceva reserves the right to oppose, stop and seek compensation for any use of its intellectual property rights that it considers to be counterfeit, unfair, constitutive of acts of parasitism or contrary to its image or to rights that it has granted.

10. PROTECTION OF PERSONAL DATA

The Customer's personal data is collected and processed by Ceva in accordance with Ceva's privacy policy, which can be accessed via the following link https://www.feliway.com.au/policies/privacy-policy and upon request to Ceva.

11. FINAL STIPULATIONS

11.1 Partial invalidity: If one or more provisions of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.

11.2 Entirety of the contract: The GTC and the order summary sent to the Customer form one contract and constitute the entire contractual relationship between the Parties. In case of contradiction between these documents, the GTC shall prevail.

11.3 Non-waiver: The fact that one of the Parties does not avail itself of one of the provisions of the GTC shall not be considered or interpreted as a waiver of its benefit.


12. SETTLEMENT OF DISPUTES AND APPLICABLE LAW

12.1 Complaints: In the event of a dispute relating to the formation, execution, non-execution or breach of sales concluded in application of these GTC, the Parties shall attempt to find an amicable solution. The Customer is invited to contact Ceva's customer service using the online form which can be accessed via the following link: https://feliway.com.au/pages/contact-us .

12.2 Applicable law and jurisdiction: All provisions contained in these GTC, as well as all purchase and sale operations referred to therein, shall be subject to the laws of New South Wales, Australia and the courts of that State (and courts of appeal from these courts) shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these GTC.

Last revised: February 2024