Terms & Conditions — The Pet Collective (Mauritius)

Website Terms & Conditions of Sale — The Pet Collective (Mauritius)

Elnes Ltd trading as The Pet Collective (Mauritius) Business Registration Number: C24207863 Principal Place of Business: 26 Surcouf Avenue, Quatre Bornes, 1722-07, Mauritius Website: www.thepetcollective.mu

1. INTRODUCTION AND ACCEPTANCE OF TERMS

1.1 These Website Terms & Conditions of Sale ("Terms") govern all purchases made through the website www.thepetcollective.mu (the "Website") operated by Elnes Ltd, trading as The Pet Collective (Mauritius) ("The Pet Collective", "we", "us", or "our"), a company registered in Mauritius under Business Registration Number C24207863.

1.2 By accessing, browsing, creating an account, or making a purchase through the Website, you ("Customer", "you", or "your") agree to be bound by these Terms, together with our Privacy Policy, Cookie Policy, and Returns, Refunds, Warranty & Repairs Policy, where applicable. If you do not agree to these Terms, you should not use the Website or place an order through it.

1.3 These Terms constitute the agreement between you and Elnes Ltd in relation to your use of the Website and purchases made through it.

1.4 Elnes Ltd reserves the right to modify these Terms from time to time. Changes become effective when the updated Terms are published on the Website. Continued use of the Website after changes have been published constitutes acceptance of the updated Terms.

2. GOVERNING LAW AND JURISDICTION

2.1 These Terms are governed by and shall be construed in accordance with the laws of the Republic of Mauritius.

2.2 Any dispute arising out of or relating to these Terms, the Website, or a purchase made through the Website shall be subject to the applicable jurisdiction of the courts of Mauritius.

2.3 Nothing in these Terms is intended to exclude or restrict any rights or protections available to consumers under applicable Mauritian law.

2.4 These Terms shall be interpreted consistently with applicable laws and regulations of Mauritius.

3. CUSTOMER ELIGIBILITY

3.1 By using the Website, you confirm that:
(a) You have the legal capacity to enter into a binding agreement;
(b) If purchasing as an individual, you are at least 18 years of age;
(c) If purchasing on behalf of a company or organisation, you are authorised to do so; and
(d) The information you provide to us is accurate and truthful.

3.2 We reserve the right to refuse or cancel an order where we reasonably believe that the Website is being used fraudulently, unlawfully, abusively, or in breach of these Terms.

3.3 Where an order is cancelled for a legitimate reason and payment has already been received, any applicable refund will be processed in accordance with our refund policy.

4. CUSTOMER ACCOUNTS

4.1 Certain features of the Website may require you to create a customer account.

4.2 You must provide accurate, complete, and current information when creating an account and must update your information where necessary.

4.3 You are responsible for maintaining the confidentiality of your account credentials and for activities carried out through your account.

4.4 You must not:
(a) Use another person's account without permission;
(b) Create an account using false information;
(c) Impersonate another person or business; or
(d) Allow another person to use your account where doing so creates a security or fraud risk.

4.5 We may suspend or terminate an account where we reasonably believe that:
(a) These Terms have been breached;
(b) Fraudulent or unlawful activity has occurred;
(c) The account has been compromised; or
(d) The account is being used in a manner that may harm the Website, our business, employees, customers, or third parties.

5. ORDERS AND ACCEPTANCE

5.1 When you submit an order through the Website, you are requesting to purchase the selected products at the prices and under the conditions displayed at the time of ordering.

5.2 Submitting an order does not necessarily mean that the order has been accepted.

5.3 An order is considered accepted when we confirm the order through the Website, email, WhatsApp, SMS, or another appropriate communication method.

5.4 We reserve the right to:
(a) Reject an order;
(b) Cancel an order where stock is unavailable;
(c) Cancel an order where a pricing or technical error has occurred;
(d) Limit quantities purchased by a customer;
(e) Request additional information or verification;
(f) Cancel an order where fraud or misuse is reasonably suspected; or
(g) Take other reasonable steps necessary to protect the business and our customers.

5.5 If we cancel an order after payment has been received, the applicable amount paid for the cancelled order will be refunded in accordance with our refund process.

6. PRICING AND PAYMENT

6.1 Unless otherwise stated, prices displayed on the Website are in Mauritian Rupees (MUR).

6.2 Elnes Ltd is not registered for Value Added Tax (VAT). VAT is therefore not charged separately on purchases made through the Website.

6.3 Prices displayed on the Website are the prices payable by the customer unless otherwise stated.

6.4 We make reasonable efforts to ensure that product prices are accurate. However, technical, typographical, system, or pricing errors may occasionally occur.

6.5 If a material pricing error is identified, we may contact the customer before processing the order or cancel the affected order and provide an applicable refund.

6.6 Prices may change at any time. A price change will not affect an order that has already been accepted, except where permitted by law or where a clear and material pricing error has occurred.

6.7 Payment methods may include:
(a) Online card payment;
(b) Peach Payments or other payment gateways made available on the Website;
(c) Cash on Delivery, where available;
(d) Bank transfer;
(e) Juice;
(f) Maucas QR; and/or
(g) Other payment methods introduced from time to time.

6.8 Not all payment methods are necessarily available for every product, order, customer, location, or transaction.

6.9 An order may not be dispatched until payment has been successfully received or otherwise authorised, unless we have expressly agreed to alternative payment arrangements.

7. PROMOTIONS, DISCOUNTS AND VOUCHERS

7.1 Promotions, discounts, promotional codes, vouchers, bundles, loyalty rewards, and other offers may be subject to additional conditions.

7.2 Unless expressly stated otherwise:
(a) Promotional codes may have expiry dates;
(b) A promotion may be limited to one use per customer;
(c) Promotions may be limited to selected products;
(d) Promotions may not be combined with other discounts; and
(e) Promotional offers may be subject to availability.

7.3 We reserve the right to refuse or cancel the use of a promotional code where we reasonably believe that it has been obtained, used, or applied fraudulently or contrary to its conditions.

7.4 Unless otherwise stated, promotions cannot be exchanged for cash.

8. PRODUCT INFORMATION AND SPECIFICATIONS

8.1 We make reasonable efforts to ensure that product descriptions, specifications, photographs, measurements, prices, and other information displayed on the Website are accurate.

8.2 Product images are provided for illustrative purposes and may not exactly represent the actual product.

8.3 Actual product colour, size, shape, packaging, finish, and appearance may vary due to lighting, photography, screen settings, manufacturing variations, and supplier changes.

8.4 Product packaging and labels may change from those shown in Website photographs without necessarily affecting the product itself.

8.5 Product specifications may be based on information supplied by manufacturers, distributors, or suppliers. Manufacturers and suppliers may change specifications, packaging, design, or features without prior notice.

8.6 Where a product has specific technical requirements, customers are responsible for reviewing the product information and ensuring that the product is suitable for their intended use.

8.7 For aquarium products, customers should verify compatibility, dimensions, power requirements, aquarium size, water conditions, and other relevant specifications before purchase where applicable.

9. PRODUCT AVAILABILITY AND STOCK

9.1 Product availability displayed on the Website is subject to stock availability.

9.2 A product being displayed on the Website does not necessarily guarantee that it remains available at the time an order is submitted.

9.3 Products may become unavailable due to:
(a) Stock depletion;
(b) Supplier delays;
(c) Supplier discontinuation;
(d) Damaged or defective stock;
(e) Inventory discrepancies;
(f) Supply chain disruptions; or
(g) Other circumstances beyond our reasonable control.

9.4 If a product becomes unavailable after an order has been placed, we may:
(a) Offer an alternative product;
(b) Ask whether you wish to wait for replenishment; or
(c) Cancel the affected item and issue an applicable refund.

10. LIVE FISH AND AQUATIC ANIMALS

10.1 Live fish and other aquatic animals are living organisms and require appropriate care and suitable aquarium conditions.

10.2 Live fish may be sold subject to availability, health condition, size, species, colour, sex, and other factors applicable at the time of sale.

10.3 Photographs of live fish are illustrative unless the product listing specifically identifies an individual fish.

10.4 Natural variation in colour, pattern, size, body shape, and appearance does not necessarily constitute a defect.

10.5 We may refuse to sell or transport a live fish where we reasonably believe that the customer's aquarium conditions are unsuitable or that transportation may present an unreasonable risk to the animal.

10.6 Customers are responsible for providing appropriate aquarium conditions, including suitable water quality, temperature, filtration, oxygenation, tank size, acclimation, feeding, and general care.

10.7 Customers must follow any care or acclimation instructions provided by The Pet Collective (Mauritius).

10.8 Where live fish are collected or delivered, the customer should inspect the fish as soon as reasonably possible and contact us promptly if there is an issue.

10.9 Live fish may be subject to specific return, refund, replacement, or DOA conditions set out in our Returns, Refunds, Warranty & Repairs Policy.

10.10 Nothing in these Terms excludes any rights or remedies that cannot lawfully be excluded.

11. DELIVERY

11.1 We currently deliver within the Republic of Mauritius, subject to the delivery areas and services available at the time of ordering.

11.2 Delivery may be carried out by The Pet Collective (Mauritius), an independent courier, or another delivery service provider.

11.3 Delivery charges, where applicable, will be displayed or communicated before order completion.

11.4 Delivery timeframes are estimates and may be affected by:
(a) Weather;
(b) Traffic;
(c) Public holidays;
(d) Courier availability;
(e) Customer availability;
(f) Incorrect address information;
(g) Operational disruptions; or
(h) Events beyond our reasonable control.

11.5 You are responsible for providing an accurate delivery address, telephone number, and other information required to complete delivery.

11.6 We are not responsible for delivery failures caused by incorrect, incomplete, inaccessible, or inaccurate information supplied by the customer.

11.7 You should ensure that an appropriate person is available to receive the order where required.

11.8 Where a delivery cannot be completed because nobody is available, the courier or The Pet Collective (Mauritius) may arrange another delivery attempt.

11.9 Additional delivery charges may apply where a second delivery attempt is required due to circumstances attributable to the customer, where applicable and where communicated.

11.10 For live fish, delivery may be subject to additional geographic, timing, packaging, weather, and transportation restrictions.

11.11 Risk relating to products generally passes to the customer upon successful delivery to the customer or an authorised recipient, subject to applicable law and our Returns, Refunds, Warranty & Repairs Policy.

12. IN-STORE COLLECTION

12.1 Where available, customers may choose to collect eligible orders from our retail location at: 26 Surcouf Avenue, Quatre Bornes, 1722-07, Mauritius.

12.2 Collection availability, opening hours, and collection instructions will be communicated through the Website or through our customer communications.

12.3 Customers may be required to provide:
(a) Order confirmation;
(b) Proof of identity; and/or
(c) Other reasonable information required to verify the order.

12.4 Where another person collects an order on behalf of the purchaser, we may require confirmation or authorisation from the purchaser.

12.5 Orders should be collected within the period specified in the collection notification.

12.6 If an order is not collected within a reasonable period, we may contact the customer to arrange collection, cancellation, refund, or another appropriate solution.

12.7 For live fish, collection timing may be particularly important and may be subject to specific instructions.

13. RETURNS, REFUNDS, WARRANTIES AND REPAIRS

13.1 Returns, refunds, exchanges, warranty claims, repairs, defective products, and other after-sales matters are governed by our separate Returns, Refunds, Warranty & Repairs Policy, where applicable.

13.2 The applicable policy forms part of these Terms.

13.3 Customers should review the applicable policy before purchasing where they have questions about returns, refunds, warranties, repairs, or product eligibility.

13.4 Nothing in our policies is intended to remove or restrict any consumer right that cannot legally be excluded under applicable Mauritian law.

14. INTELLECTUAL PROPERTY RIGHTS

14.1 Unless otherwise stated, Elnes Ltd owns or has permission to use the intellectual property appearing on the Website, including:
(a) The name and branding of The Pet Collective (Mauritius);
(b) Logos and trademarks;
(c) Website design and layout;
(d) Photographs and graphics;
(e) Product descriptions and marketing materials;
(f) Videos and other media;
(g) Website software and functionality; and
(h) Other original content displayed on the Website.

14.2 You may access and use the Website for lawful personal shopping purposes.

14.3 You must not, without our prior written permission:
(a) Copy substantial Website content;
(b) Reproduce or commercially exploit our photographs, videos, graphics, descriptions, or branding;
(c) Scrape product information for commercial purposes;
(d) Modify or reproduce our branding;
(e) Reverse engineer the Website; or
(f) Use our intellectual property in a manner that may cause confusion or imply an association with The Pet Collective (Mauritius).

15. WEBSITE USAGE AND PROHIBITED CONDUCT

15.1 You agree not to:
(a) Attempt to gain unauthorised access to the Website or its systems;
(b) Hack, disrupt, damage, or interfere with Website functionality;
(c) Introduce viruses, malware, or harmful code;
(d) Conduct fraudulent transactions;
(e) Use stolen or unauthorised payment information;
(f) Scrape or automatically collect Website information for unauthorised purposes;
(g) Attempt to manipulate prices, promotions, loyalty rewards, vouchers, or other Website features;
(h) Create fraudulent customer accounts;
(i) Abuse, threaten, harass, or intimidate employees, delivery personnel, suppliers, or other customers;
(j) Submit unlawful, defamatory, fraudulent, misleading, or offensive content; or
(k) Use the Website in violation of applicable Mauritian law.

15.2 We reserve the right to investigate suspected abuse and cooperate with relevant authorities where appropriate.

16. CUSTOMER REVIEWS AND USER-GENERATED CONTENT

16.1 Customers may submit reviews, photographs, videos, comments, ratings, feedback, and other content through or in connection with the Website ("User Content").

16.2 By submitting User Content, you confirm that:
(a) You have the right to submit it;
(b) It does not unlawfully infringe another person's rights;
(c) It is not knowingly false or misleading; and
(d) You have any permissions necessary for us to use it.

16.3 To the extent permitted by law, you grant Elnes Ltd a non-exclusive, worldwide, royalty-free licence to reproduce, display, publish, adapt, and use User Content for Website, marketing, social media, promotional, and business purposes.

16.4 We may remove or decline to publish User Content that we reasonably consider:
(a) Fraudulent;
(b) Misleading;
(c) Offensive;
(d) Defamatory;
(e) Unlawful;
(f) Spam;
(g) Irrelevant;
(h) Promotional content unrelated to the product; or
(i) Otherwise inappropriate for the Website.

16.5 Reviews represent the views of the customers who submit them and do not necessarily represent the views of The Pet Collective (Mauritius).

17. PRIVACY AND DATA PROTECTION

17.1 Elnes Ltd is committed to protecting customer personal information and handling it in accordance with applicable Mauritian data protection requirements.

17.2 Our collection, use, storage, disclosure, and processing of personal information is governed by our separate Privacy Policy.

17.3 Information may be collected for purposes including:
(a) Creating and managing customer accounts;
(b) Processing orders;
(c) Processing payments;
(d) Delivering products;
(e) Providing customer support;
(f) Managing refunds and returns;
(g) Preventing fraud and abuse;
(h) Improving our Website and services; and
(i) Communicating with customers where permitted.

17.4 Personal data will be handled in accordance with applicable law and our Privacy Policy.

17.5 Customers may exercise applicable data protection rights in accordance with applicable Mauritian law.

18. COOKIES AND TRACKING TECHNOLOGIES

18.1 The Website may use cookies and similar technologies to:
(a) Keep customers logged in;
(b) Remember preferences;
(c) Maintain shopping carts;
(d) Improve Website functionality;
(e) Analyse Website performance; and
(f) Support relevant marketing or analytics activities where applicable.

18.2 Additional information regarding cookies is provided in our Cookie Policy.

19. ELECTRONIC COMMUNICATIONS

19.1 By using the Website and providing your contact information, you agree that we may communicate with you regarding your account, orders, deliveries, payments, returns, and other relevant matters through available electronic channels. These may include:
(a) Email;
(b) SMS;
(c) WhatsApp;
(d) Telephone;
(e) Website notifications; and
(f) Other electronic communication methods.

19.2 You are responsible for keeping your contact information accurate and current.

19.3 We may use electronic communications to provide order confirmations, delivery updates, payment information, account notifications, promotional communications where permitted, and other relevant information.

19.4 We cannot guarantee that every electronic communication will be received immediately or without interruption.

20. LIMITATION OF LIABILITY

20.1 Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

20.2 Subject to applicable law, Elnes Ltd shall not be responsible for losses arising from circumstances beyond our reasonable control, including third-party courier delays, payment provider failures, internet outages, supplier disruptions, or customer misuse of products.

20.3 We shall not be liable for losses caused by:
(a) Incorrect information supplied by the customer;
(b) Improper installation or use of a product;
(c) Failure to follow manufacturer instructions;
(d) Failure to follow aquarium or fish-care instructions;
(e) Customer modification of products;
(f) Normal wear and tear;
(g) Events beyond our reasonable control; or
(h) Breach of these Terms by the customer.

20.4 Nothing in these Terms limits any statutory consumer rights or remedies that cannot legally be excluded.

21. PRODUCT WARRANTIES AND DISCLAIMERS

21.1 Where a product is supplied with a manufacturer warranty, the terms of that warranty may apply in addition to any rights available to the customer under applicable law.

21.2 Warranty coverage may vary between products and manufacturers.

21.3 A warranty may not cover damage resulting from misuse, improper installation, modification, negligence, accident, unsuitable operating conditions, or failure to follow instructions, where permitted by the applicable warranty terms and law.

21.4 Aquarium equipment must be used according to the manufacturer's instructions and within the stated operating specifications.

21.5 The Website may contain information supplied by third-party manufacturers or suppliers. We make reasonable efforts to present this information accurately but cannot guarantee that every third-party specification will remain unchanged.

22. FORCE MAJEURE

22.1 Elnes Ltd shall not be liable for delays or failures to perform obligations where caused by events beyond our reasonable control, including:
(a) Cyclones, floods, severe weather, or natural disasters;
(b) Pandemics or public health emergencies;
(c) Government restrictions or actions;
(d) Transport or courier disruptions;
(e) Internet or telecommunications failures;
(f) Power outages;
(g) Strikes or industrial disputes;
(h) Supplier or manufacturing disruptions;
(i) Supply chain interruptions;
(j) Fires or other major incidents; or
(k) Other events beyond our reasonable control.

22.2 We will use reasonable efforts to resume affected services when circumstances permit.

22.3 Where an order cannot be fulfilled, we will provide an appropriate solution, including a refund where applicable.

23. INDEMNIFICATION

23.1 To the extent permitted by law, you agree to be responsible for losses or claims arising from your:
(a) Breach of these Terms;
(b) Fraudulent or unlawful conduct;
(c) Misuse of the Website;
(d) Misuse of products;
(e) Infringement of third-party rights; or
(f) Violation of applicable law.

23.2 Nothing in this section limits any liability that cannot legally be excluded.

24. MISCELLANEOUS PROVISIONS

24.1 Entire Agreement. These Terms, together with our Privacy Policy, Cookie Policy, Returns, Refunds, Warranty & Repairs Policy, and other policies expressly incorporated into these Terms, form the agreement governing your use of the Website and purchases made through it.

24.2 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

24.3 Waiver. Failure to enforce a provision of these Terms does not constitute a permanent waiver of that provision.

24.4 Assignment. You may not transfer your rights or obligations under these Terms without our prior written consent, except where permitted by law.

24.5 Survival. Provisions which by their nature should continue after termination, including intellectual property, liability, indemnification, privacy, and governing law provisions, shall continue to apply where appropriate.

24.6 Electronic Acceptance. By clicking an acceptance button, creating an account, submitting an order, or completing a purchase through the Website, you acknowledge that you have had the opportunity to review these Terms and agree to them, subject to applicable law.

24.7 Policy Updates. We may update these Terms from time to time by publishing an updated version on the Website.

24.8 No Third-Party Beneficiaries. These Terms are between you and Elnes Ltd unless expressly stated otherwise.

25. CONTACT INFORMATION

If you have questions regarding these Terms, an order, a product, a delivery, a return, a refund, a warranty, or any other matter relating to The Pet Collective (Mauritius), please contact us through the contact details published on our Website.

Elnes Ltd — trading as The Pet Collective (Mauritius) Business Registration Number: C24207863 Principal Place of Business: 26 Surcouf Avenue, Quatre Bornes, 1722-07, Mauritius Website: www.thepetcollective.mu

Governed by the laws of the Republic of Mauritius.