Terms of service
Last updated on 10 November 2025
ALBERN & CO.
ABN 49182064166
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to the Company.
In these terms, we also refer to the Company as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being www.albernandco.com.au and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it under the Privacy Policy tab.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
· Part A: Terms for when you buy Products (applies when you buy)
· Part B: Terms for when you browse and interact with this Website (applies when you browse)
· Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
Part A For When You Buy Products…
1 SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
2 ACCOUNTS
(a) To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e) We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.
3 PRODUCTS
3.1 SAFETY AND SUITABILITY
(a) Our Products are designed for domestic pet use only and must be used in accordance with any instructions or guidance provided.
(b) You are solely responsible for:
(i) determining whether any Product is suitable and safe for your particular pet, taking into account your pet's size, breed, temperament, age, health condition, and behaviour;
(ii) supervising your pet at all times when using our Products; and
(iii) regularly inspecting Products for signs of wear and tear, damage, or deterioration.
(c) You must immediately discontinue use of any Product if it becomes damaged, worn, or poses any risk to your pet's safety.
(d) To the maximum extent permitted by law, we are not liable for any injury, loss, damage, or death arising from or in connection with:
(i) your failure to supervise your pet while using our Products;
(ii) your failure to select an appropriate Product for your pet;
(iii) misuse, incorrect use, or failure to follow any care or usage instructions;
(iv) normal wear and tear or damage to Products; or
(v) unpredictable animal behaviour.
(e) Nothing in this clause 3.1 is intended to limit or exclude any rights you may have under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL).
(f) (Care Instructions) You must follow all care instructions provided on Product labels, packaging, or our Website. This includes but is not limited to washing, drying, storage, and maintenance instructions. Damage caused by failure to follow care instructions, including improper washing, drying, or storage, is not covered under our returns, exchanges, or warranty provisions and we will not provide a refund or replacement for such damage.
3.2 PRODUCT DESCRIPTION
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by the Company. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
4 PAYMENT
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by the Company, you must pay the GST subject to the Company providing a tax invoice.
(d) (Card surcharges) The Company reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers to process all payments for purchases made through our Store (Payment Providers). Your payment information is processed according to the payment provider’s terms, conditions, and privacy policies. We are not responsible for any errors, delays, security issues, or performance problems caused by payment providers. We reserve the right to correct any payment processing errors.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you. Delivery costs may be waived for orders over a specified amount as displayed at checkout.
(b) (Delivery Details) The Company may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by the Company; and
(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(c) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
6.1 CANCELLATION BY US
We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
6.2 CANCELLATION BY YOU
Once you submit an Order and payment is processed, your Order is binding and cannot be cancelled for change of mind. However, our refunds and exchanges process in clause 6.3 may apply for faulty products or incorrect sizing.
(a) We do not offer change of mind returns.
(b) (Sizing Exchange) The following process applies to any Product you would like to exchange sizing for.
(i) If you receive a Product in the incorrect size, you may exchange it for a different size within 14 days of receiving the Product.
(ii) To request a sizing exchange, contact us using the details on our Website with your order number and requested size.
(iii) You must return the original Product to us at your cost. The Product must be unused, in original condition with all tags attached.
(iv) Once we receive and approve the returned Product, we will ship the replacement size to you at your cost.
(v) Sizing exchanges are subject to stock availability. If unavailable, we may offer store credit or a refund.
(vi) We may refuse a sizing exchange if the Product has been used, damaged, or is not in original condition.
(c) We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
(iii) a Product is faulty, in accordance with clause 6.3(d), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product, (Faulty Products).
(d) The following process applies to any Product you believe to be faulty.
(i) If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
(ii) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost initially for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
(iii) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions (including those in clause 3.1(f)), or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(iv) If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
(vi) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
(a) The Company retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause 7, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
8 THIRD PARTY TERMS SUPPLIERS
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Products to you, and you can cancel your Order in accordance with clause 6.
Part B For When You Browse This Website…
9 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
10 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Company;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of the Company, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
11 INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
(i) the Website may have errors or defects (or both, as the case may be);
(ii) the Website may not be accessible at times;
(iii) messages sent through the Website may not be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website may not be secure or confidential; and
(v) any information provided through the Website may not be accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).
(a) The Company retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Company or as permitted by law.
(c) In this clause 12, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
13 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
14 THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://www.shopify.com/au/legal/terms.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
15 SECURITY
To the maximum extent permitted by law, the Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
16 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part C Liability And Other Legal Terms
17 LIABILITY
17.1 WARRANTIES
Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:
(a) Products sold by the Company, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
17.2 LIABILITY
(a) To the maximum extent permitted by law and subject to clause 17.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to the Company under the most recent Order.
(b) Clause 17.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of:
(i) clause 3.1 (Safety and Suitability) - failure to properly use, supervise, or maintain Products;
(ii) clause 7 (Intellectual Property) - unauthorised copying, reproduction, or commercialisation of our Products;
(iii) clause 10 (Your Obligations) - misuse of the Website including fraudulent activity or security breaches; or
(iv) clause 20 (User Content) - breach of the license granted to us in relation to content you post.
(c) Claims for loss of or damage to Products in transit must be made against the carrier.
17.3 Consequential loss
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
18 GENERAL
18.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
18.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
18.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
18.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
18.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
18.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
18.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
18.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
19 NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
20 USER CONTENT
20.1 WARRANTIES
By posting, uploading, or sharing any content featuring our Products on social media, websites, or other platforms (including photographs, videos, reviews, or comments) (User Content), you represent and warrant that:
(a) you are authorised to provide the User Content and have obtained all necessary rights, permissions, and consents to grant the licence in clause 20.2;
(b) you own or control all Intellectual Property Rights in the User Content or have obtained all necessary licences and permissions from any third parties featured in or contributing to the User Content;
(c) the User Content is accurate, truthful and does not contain false or misleading information about our Products;
(d) the User Content does not contain any harmful, discriminatory, defamatory, maliciously false, offensive, explicit, or illegal material;
(e) the User Content does not infringe any Intellectual Property Rights, including copyright, trademarks, patents, or any other proprietary rights of any third party, whether registered or unregistered, anywhere in the world;
(f) you have obtained consent from any individuals who appear in the User Content for their image and likeness to be used in accordance with this clause; and
(g) the User Content does not breach or infringe any applicable laws.
20.2 LICENCE
(a) You grant to the Company a perpetual, irrevocable, transferable, worldwide, and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce, adapt, publish, distribute, and display any Intellectual Property Rights in any User Content for marketing, promotional, and commercial purposes.
(b) This licence includes the right to:
(i) repost your User Content on our Website, social media accounts, email marketing, and other marketing materials;
(ii) modify, crop, or edit your User Content for size, format, quality, or branding purposes; and
(iii) use your username, handle, name, or any text accompanying the User Content in connection with our use of the User Content.
(c) If it is determined that you retain moral rights (including rights of attribution or integrity) in any User Content, you hereby consent to any act or omission which would otherwise infringe those moral rights, and you waive all such moral rights to the maximum extent permitted by law.
(d) You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising in connection with any third party claim that User Content infringes any third party's Intellectual Property Rights or other rights, or arising from any breach of your warranties in clause 20.1.
20.3 REMOVAL
(a) We may, in our absolute discretion, use, refuse to use, or remove any User Content at any time without notice or explanation.
(b) You may request removal of User Content by contacting us in writing. We will use reasonable efforts to remove the User Content from future use, however this does not affect our right to continue using User Content that has already been published or distributed prior to your request.
(c) You acknowledge and agree that you are solely responsible for maintaining your own records and copies of any User Content you provide to us.