Seller Terms
- Updated
- In effect from
These terms are for anyone who lists an animal on Pet Sales Australia.
The short version
- Listing is free. Your first listing needs a $9.95 ID check. Checked rescues and shelters don’t pay it.
- The $9.95 pays for running the check, whatever the result, and covers up to 3 tries. We take it once a try gets a result, pass or fail; until then you pay nothing. If all 3 fail, a new check is another $9.95 (clause 4.7).
- Your ad must show what your state’s law requires. Dogs and cats need microchips, and can’t go to a new home before 8 weeks old.
- Be honest, use recent photos of the actual animal, and keep listings up to date. Every listing must be for a real animal, litter or stud.
- Don’t ask for or take any payment, including a deposit, until the buyer has met you and the animal in person. Take payment only into a bank account in your checked name (the name you gave us, matched by your ID check), or in person. We don’t hold or protect payments, and we’re not part of any sale.
- We may pass your details and your animals’ details to animal welfare authorities, councils or police after a report of, or if we suspect, poor animal welfare or a breach of animal welfare, sale or advertising laws. You accept this each time you publish (clause 13.4).
- We review reports and holds as soon as we can after each one comes in. A person looks again if you ask.
- Featured listings and Pro profiles aren’t open yet. We’ll publish their terms before they open.
- Nothing in these terms takes away your rights under the Australian Consumer Law.
Not live yet
Listings aren’t open yet, so these terms apply from the day they open. The deposit receipt and the Gone Home button aren’t open yet either. Clauses marked “(not live yet)” describe how each will work, and we’ll update these terms before either of them opens.
1. About these terms
1.1 Pet Sales Australia is a registered business name of Maxwell Jacobs, a sole trader (ABN 43 597 814 497). “We” means Maxwell Jacobs and anyone who takes over these terms under clause 22.1. If you list for a rescue or shelter, you agree for yourself and for it, and confirm you can.
1.2 These terms add to our Terms of Use and Listing Rules and Moderation. Where they deal with selling more specifically, these terms win. Our Privacy Policy covers your information.
1.3 You agree to these terms before your ID check, and we record when and which version.
1.4 If we give you a referral link, its rules are on your referral page and form part of these terms. We can change or end the referral program by changing these terms, and clause 19.1 sets out the notice we give. Anything you already have under its rules stays yours, except where those rules say it ends or can be withdrawn.
2. Who can sell
2.1 You must be 18 or over, live in Australia, and own the animal or, for a rescue, have its care and the right to rehome it. The suburb and postcode in your seller details decide which state’s or territory’s rules your listings follow (Victorian rules can also apply: clause 7.2; island territories: clause 7.11).
2.2 Choose the seller type that’s true: breeder, owner rehoming your own pet, or rescue or shelter (clause 5). Owners and rescues list each animal separately. Litters, upcoming litters and studs are for breeders. Pet shops can’t list.
2.3 Keep your seller details and account email true and current. We use your phone to contact you, and show it only where state law requires (clause 7). Use one account. Don’t use another to get around a hold, limit, failed check or suspension.
2.4 You’re responsible for listings and messages from your account, unless someone got in without your permission despite your reasonable care, or because of a failure on our side. Tell us at once if someone else gets in.
3. What it costs
3.1 Listing is free, and buyers pay nothing. The ID check is $9.95 for up to 3 tries, and a new check is another $9.95 (clause 4). It’s free for the account holder of a rescue or shelter whose organisation passes our check (clause 5). Optional paid features, such as Featured listings and Pro profiles, aren’t open yet. Their planned prices are on our Prices page, and we’ll publish their terms before they open.
3.2 Prices are in Australian dollars. The price shown is the total you pay, with no GST, card surcharges or booking fees added on top. If GST applies to a fee, it’s already in the price shown.
3.3 We take card payments through Stripe. Your statement should show “PET SALES AUSTRALIA”. Ask, and we’ll email a receipt for any payment within 7 days. Receipts show our ABN and any GST included. If GST was included, your receipt is also a tax invoice.
4. The ID check
4.1 Why we ask, and what you pay for. A one-off $9.95 ID check helps keep scammers off Pet Sales Australia. It takes a few minutes: you photograph your photo ID and take a quick selfie. The $9.95 pays for running the check, whatever the result, and covers up to 3 tries, so one blurry photo needn’t cost you another check. We take it only once a check gets a result. After that we don’t refund it for a fail or a change of mind, which also stops scammers testing stolen IDs for free. You keep your rights under the Australian Consumer Law, including to a refund where it gives you one (clause 16).
4.2 You need a passed ID check before your first listing goes live (free for a checked rescue or shelter: clause 5).
4.3 You pay on Stripe’s page. Stripe sets aside $9.95 on your card (a hold) but doesn’t take it yet. With your consent, Stripe’s software then checks your photo ID and compares your selfie with its photo.
4.4 A check is done when Stripe gives a result, pass or fail, on any try. A try you decline, close or don’t finish doesn’t count.
4.5 We take the $9.95 when your first check is done. If none is done before you cancel or the amount set aside expires (up to 7 days), we release it and you pay nothing.
4.6 You have 30 days from the day you approve the payment on Stripe’s page to use your 3 tries.
4.7 Each account and each card can have only one check under way at a time, and at most 3 tries with a result in any 30 days. At that limit, a new $9.95 check waits until the 30 days pass. Cancelling a check we’ve charged for ends its remaining tries and doesn’t refund the $9.95, so we ask you to confirm first.
4.8 Use a driver licence, government photo ID card or passport. A document Stripe can’t accept is a failed try.
4.9 A pass puts a dated “ID Checked” stamp on your listings. It’s not a check of the animal, so it doesn’t show that you own it or that it’s healthy. The full name you give in your seller details becomes your checked name once your ID check matches its first and last name. Buyers should pay only into an account in that name (rescues: clause 14.4).
4.10 Your pass stays current unless:
- you got the free check as a rescue, and your account stops being a rescue or shelter (clause 5.2); or
- we find the check wasn’t really of you (clause 18).
Your listings then go back to draft until a new $9.95 check passes.
4.11 If something goes wrong.
- If we charged you by mistake, such as twice or with no check done, we refund it.
- If you think a check went wrong, such as Stripe failing your genuine, current ID, email info@petsales.net.au. We’ll look into it and tell you what we found.
- We don’t refund the $9.95 if you fail or simply change your mind. This doesn’t limit your rights under the Australian Consumer Law (clause 16).
4.12 Stripe runs the check, and may store and process your information outside Australia, including in the United States and India. Our Privacy Policy explains what Stripe and we keep, and for how long.
5. Rescues and shelters
5.1 A rescue or shelter’s account holder gets a free ID check once the organisation passes our check. It needs an active ABN that isn’t a sole trader’s, a name matching the ABN’s record or the ACNC’s, and registration as a charity with the ACNC (the charities regulator). No state registration takes its place. When you save your seller details, our software reads what ABN Lookup and the ACNC’s published charity data hold for that ABN, and records what it read, from which register and when. For our software to pass the organisation, all three must hold, the ACNC must list animals among its purposes or among those it helps, and no other account’s organisation can have passed with that ABN. A name matches when it has the same words, in the same order, as the ABN’s entity name, one of its business names or the ACNC’s legal name for it. Capitals and apostrophes make no difference, “&” reads as “and”, full stops, commas, quote marks, brackets, hyphens, dashes, slashes, colons and semicolons read as spaces, and a closing “Inc”, “Incorporated”, “Ltd”, “Limited”, “Pty Ltd”, “Proprietary Limited” or “Association Inc” is optional. If ABN Lookup shows no active ABN, the ABN is a sole trader’s, or the ACNC’s data doesn’t list it, the organisation doesn’t pass, and you can still list by paying the $9.95 ID check, as any seller does. Your listings then don’t show you as a rescue or shelter. Anything else, such as a name that doesn’t match, waits for us to look at it ourselves, and meanwhile you can list by paying the $9.95. If your account’s email address isn’t at the charity’s own website, the organisation still passes, and we then look at the pass ourselves. Until we’ve looked, up to 5 rescues like yours in any 24 hours can start their free ID check straight away. If 5 already have, yours waits until we’ve looked, or you can list now by paying the $9.95. Where it’s safe to, we tell you why it hasn’t passed (clause 18.3).
5.2 Keep its details current. If you change its ABN or registration in your seller details, we check it again when you save. We also read a passed organisation’s records again from time to time, and if something has changed, such as a cancelled ABN, we look at it ourselves. Tell us if either is cancelled. Until it passes, the free check isn’t current and listings that rely on it go back to draft. They come back, free, once it passes. Listings on a paid ID check stay up meanwhile, but don’t show you as a rescue or shelter. We may look at a pass again later, and ask you to show you act for the organisation. If your account stops being a rescue, the organisation’s pass ends, and you need a paid check to keep listing. If it becomes a rescue again, we check the organisation again.
5.3 Once you reply to a buyer, they can choose to see the rescue’s name and ABN as we checked them, and the account holder’s checked name. Take payment only into an account in one of those names (clause 14.4).
6. What you can list
6.1 A litter lists young animals already born, each listed separately. A single pet lists one animal. An upcoming litter is one not yet born, or not yet ready to offer, and buyers can join its waitlist by messaging you. A stud listing offers a dog for mating, with its microchip shown as your state requires. The dog stays yours: put the fee, dates and any repeat mating in writing with the other breeder.
6.2 An upcoming litter can’t name individual animals, mention prices, deposits, reservations or “pick of the litter”, or say how many boys and girls there will be. Don’t ask for or take payment for one. It must be due within 120 days, and goes back to draft if the due date passes. Before offering any animal, change it to a litter listing and add the numbers your state requires.
6.3 You can list dogs, cats, rabbits, ferrets, guinea pigs, other small pets, birds, livestock and reptiles, within your state’s rules. Our Listing Rules and Moderation set out everything you can’t list, including restricted dog breeds, Savannah cats, Munchkin and Fold cats, hamsters, gerbils, exotic reptiles, semen, services (such as grooming, training or transport) and “wanted” posts. By our own rule, Queensland sellers can’t list ferrets or rabbits, Northern Territory sellers can’t list ferrets or axolotls, Tasmanian sellers can’t list axolotls, and we don’t take ferret listings from ACT sellers yet.
6.4 Every dog and cat must be microchipped before you list it: our rule everywhere, and the law in most states. The only exception is young NSW puppies (clause 7.3). Dogs and cats can’t go to a new home before 8 weeks old, even if a vet says they can. That’s our rule in every state. You can list a younger litter as long as its ready date is at least 8 weeks after birth.
7. Your state’s rules
7.1 The listing form asks for the numbers and details we know your state requires, and won’t publish without them. It can’t cover every case. You’re responsible for your listing and sale following the law where you are, as it is when you list and sell. That includes giving the buyer what the law requires at handover, such as microchip and change-of-ownership papers. Where a listing shows a register stamp, the stamp says what we checked and when. A number without a stamp is as you stated it.
7.2 Victoria. These rules also apply if your ID check shows a Victorian address. Dog and cat ads, including from owners and rescues, show your Pet Exchange Register source number and each animal’s full microchip number. A breed club number won’t do. The law also makes us, as the website, responsible, so a listing goes live only once the register confirms the number is active. Following Animal Welfare Victoria’s guidance:
- an upcoming litter that names no animal needs neither number until you change it to a litter
- if you’re outside Victoria and answer yes to “Will you sell to buyers in Victoria?”, you need a source number.
Livestock ads need your property identification code (PIC). For poultry, you need one only if you have 50 or more birds. The law accepts an agent’s details instead, but our form needs the PIC. Ads for native birds, reptiles and frogs that need a licence must show your wildlife licence number. Sell these animals only to buyers who hold the licence they need.
7.3 New South Wales.
- Dogs: each dog’s microchip number. For dogs born from 1 December 2025, also its breeder’s breeder identification number (BIN), labelled as a BIN, even if you’re rehoming. A rehoming organisation that doesn’t know the breeder can give its own rehoming organisation number, labelled as one. Dog breeders need a BIN, and a breed club number isn’t one.
- Unchipped puppies up to 8 weeks old: may show their mother’s microchip number, labelled as hers, unless Victorian rules also apply to you (clause 7.2). After 8 weeks, add each puppy’s number, or the listing goes back to draft.
- Former racing Greyhounds: we can’t list these dogs from NSW sellers yet (Listing Rules, what can’t be listed). New South Wales law needs the dog’s racing number in the ad, and our form has no field for it.
- Cats: we show each cat’s microchip number in full (for most cats, by our own rule, not the law).
7.4 Queensland. Dog ads show each dog’s supply number (the number recorded with its microchip). If you bred the dog, that’s your breeder ID or an approved body’s number, such as Dogs Queensland’s. If not, it’s the breeder’s supply number or your own Queensland Dog Breeder Register exemption number. At handover, give a notice with your name and the supply number, and a signed change-of-ownership form.
7.5 South Australia. Dog and cat ads show your checked name and phone. They also show the name and phone of the animal’s breeder, and the breeder’s Dogs and Cats Online (DACO) breeder ID if they’re registered. If you don’t know who bred it, say why. You agree to this when you publish (clauses 8.1 and 11.1). Breeders must be registered, and dogs and cats desexed, as the law requires. At handover, give the written notice the law requires.
7.6 Western Australia. Every dog and cat listing, apart from an upcoming litter, must give each animal’s microchip number. That’s our rule. The ad shows only its last 4 digits, unless the Victorian rules also apply to you (clause 7.2). Update the microchip registry within 7 days of a dog changing hands.
7.7 Tasmania.
- Puppies under 12 months: ads show the mother’s or the puppy’s microchip number or, if neither is chipped, the mother’s registration number and council. At a puppy’s handover, give a vet-signed vaccination certificate, the date of its last vet health check, and the chip or registration details. Tell the buyer of any known or suspected injury, illness, disease, impairment, pregnancy, aggression or behaviour problem.
- Cattle, sheep, goats and pigs: ads show your PIC, checked name, phone and postal address. If you don’t give a postal address, we show the email you sign in with. You agree to this when you publish (clauses 8.1 and 11.1).
7.8 Australian Capital Territory. Breeding dogs or cats needs a licence, and a licensed breeder’s ad shows its number. Ads from sellers who aren’t licensed breeders show the animal’s full microchip number. At handover, give your licence number, or your rehoming identifier and the microchip number.
7.9 Northern Territory. Every dog and cat listing, apart from an upcoming litter, must give each animal’s microchip number. That’s our rule. The ad shows only its last 4 digits, unless the Victorian rules also apply to you (clause 7.2). If the dog or cat is registered with the City of Darwin or the City of Palmerston, tell the council about the new owner within 14 days. Other councils have their own by-laws, so check yours.
7.10 Breed clubs. Your breed club and membership number are optional. They show on your listings only if you tick the box in your seller details, and you can untick it at any time. If your club is one of Dogs Australia’s state and territory bodies, such as Dogs Victoria, pick it from the list and add your membership number. Your dog listings then show the line Dogs Australia’s code asks its members to include, saying how to contact that body to check your membership. We don’t check memberships or enforce club rules.
7.11 Island territories.
- Jervis Bay Territory follows ACT law, so the ACT rules apply (clause 7.8).
- Lord Howe Island is part of New South Wales (clause 7.3). Cats and rabbits can’t be brought to the island, and a dog brought there must be desexed, so cat, rabbit, litter, upcoming litter and stud listings from the island go on hold for review before they can go live.
- Norfolk Island: we don’t currently take listings.
- Christmas Island and the Cocos (Keeling) Islands: we don’t take listings.
8. The RSPCA guidelines and codes of practice
8.1 Each time you publish, you confirm that you’ll follow the RSPCA’s Guidelines for the Online Advertising of Pets and your state’s animal welfare laws. You also accept the welfare notice in clause 13.4. If you’re in South Australia, or selling livestock in Tasmania, you agree to show the details in clause 7. We record when you confirmed each.
8.2 Codes of practice set minimum standards for breeding, keeping and selling animals. Some apply only to breeding businesses or people who sell for profit. Check which apply to you, and follow them:
- Victoria: Code of Practice for the Operation of Breeding and Rearing Businesses 2014
- New South Wales: Animal Welfare Code of Practice: Breeding Dogs and Cats
- South Australia: Standards and Guidelines for Breeding and Trading Companion Animals
- Tasmania: Animal Welfare (Dogs) Regulations 2026
- ACT: Animal Welfare (Breeding Standard) Determination 2015
- Queensland: the compulsory Code of practice for breeding of dogs, in schedule 7 of the Animal Care and Protection Regulation 2023 (Qld). Every dog breeder must follow it, even one who doesn’t need to register.
- Western Australia and the Northern Territory: the Animal Welfare Act 2002 (WA) and Animal Protection Act 2018 (NT) apply, with any code made under them.
9. Honest, accurate listings
9.1 Your listing is your own statement, and you’re responsible for it. We tell buyers that anything without a stamp hasn’t been checked by us.
9.2 Every listing must be true, current and complete, including the animal’s date of birth, expected adult size, sex, microchip, vaccinations, desexing and any vet check in the last 12 months. Tell buyers about any health, injury or behaviour problem you know of. Describe health tests, papers and registrations exactly as they are.
9.3 Don’t list an animal that isn’t yours to sell or isn’t available, or say or suggest we’ve checked or approved anything a stamp doesn’t show. Keep contact details out of listings.
9.4 Mark each animal Reserved or Gone Home as it happens (clause 11.4).
9.5 If you sell animals in trade or commerce, such as through a breeding business (even one not run for profit), the Australian Consumer Law applies to your sales. That includes the consumer guarantees and the ban on misleading claims. Your listing, deposit terms and messages can’t take away a buyer’s rights.
9.6 Every listing you publish must be for a real animal you can offer now, a litter you genuinely expect (clause 6.2), or a stud dog you own and genuinely offer (clause 6.1). If plans change, such as a mating that doesn’t take, end the listing (clause 11.4). That isn’t a breach. Saving a draft while you get a real listing ready is fine. Don’t publish a listing to test the site, to see how messages, checks or payments work, or to research it for another website or app where other people advertise animals (Terms of Use clause 8.5).
10. Photos
10.1 Use recent photos of the actual animal, showing the whole animal, that you took or have permission to use. On a litter, photos of the parents are fine if the photo’s description says so. A listing can have up to 8. Upcoming litters can’t have photos.
10.2 You keep ownership of your photos. You give us free, non-exclusive permission to use them to run the site: to store, copy, resize and compare them, and to show them on the site (including in listing results and on your listing’s ended page) and in link previews (Terms of Use clause 11). We don’t use them in our advertising without asking. We remove hidden location data from the file, but not what the picture shows, such as a street sign, so check your photos. A close match with another seller’s photo on the site puts your listing on hold (clause 12). We keep a photo we’ve flagged as a possible copy as evidence, even if you remove it, for the time in our Privacy Policy.
11. How your listing runs
11.1 A listing goes live once it passes every check that applies:
- your ID check has passed and is current
- your state’s required numbers and details are there, in the right format
- every dog and cat has a microchip number in the right format (we don’t check it against a registry)
- dogs and cats are ready no earlier than 8 weeks after birth
- the animal and breed can be listed in your state
- for Victorian dogs and cats (other than upcoming litters), a current Pet Exchange Register check
- in South Australia, the breeder’s details, or your reason for not knowing them
- in South Australia and for Tasmanian livestock, your agreement to show your details, and a checked name to show.
Until then, it stays a draft (not on the site), and we show you what to fix. It may wait as “Checking” while your ID check finishes or we wait for the register.
11.2 We check every listing again when you edit it, when your details or ID check change, and regularly while it’s live. If it no longer passes, it goes back to draft, with the reason in your account. That includes a source number the register says has lapsed, is inactive or isn’t found. If we can’t reach the register, we retry hourly, and a live listing stays up until the date our last check said your number was good until. Renew your source number before it lapses.
11.3 Every listing expires 30 days after it goes live. To keep offering the animal, list it again.
11.4 When every animal in a live litter or single-pet listing has gone home, mark it Gone Home from your account (not live yet), or email us its listing number. To end any other listing, email us its listing number.
11.5 An ended listing shows an ended page for 90 days, without your name, phone, stamps, contact button, deposit terms or microchip numbers. We ask search engines not to show it. Then the page sends visitors elsewhere on the site, such as its breed page. Our Privacy Policy lists what it keeps.
12. Holds
12.1 A hold takes a listing off the site while we look into something. It doesn’t mean we’ve decided you did anything wrong. Your account shows the reason, or that we’re checking it.
12.2 We put a listing on hold when:
- another account has a listing with the same state number, or used it in the last 90 days
- its microchip number is on another current listing
- a photo closely matches another seller’s
- it’s a cat, rabbit, litter, upcoming litter or stud listing from Lord Howe Island (clause 7.11)
- some new sellers’ first listings need a further check before they go live; or
- reports put it on hold (clause 13.2).
12.3 If the hold is about a number, animal or photo, send us the listing number and anything showing it’s yours, such as a registration certificate. For any other hold, we’ll contact you if we need anything. We review every hold as soon as we can after we hear from you. We then lift the hold, or tell you why not and what you can do next.
12.4 Some problems send a listing back to draft instead: a lapsed source number, an ID check that stops being current, missing seller details, an upcoming litter past its due date, or an NSW litter over 8 weeks old showing only its mother’s chip. Fix it and publish again.
13. Reports and authorities
13.1 Anyone can report a listing, a conversation or a member. We don’t tell you who reported, unless the law requires us to.
13.2 A report puts a listing on hold straight away only if:
- 3 different signed-in accounts report it within 7 days. A buyer’s report of a conversation about it counts, unless it’s about spam or rude messages. Each account must be at least 7 days old or have passed the ID check, and our checks mustn’t link the accounts to each other; or
- a trusted reporter reports it: an account we’ve confirmed, by hand from an official address, belongs to Animal Welfare Victoria, a council animal management officer or an RSPCA inspectorate. Here too, a report of a conversation about spam or rude messages doesn’t count.
Reports sent without signing in, and reports emailed to us, never put a listing on hold straight away. After a person puts your listing back, only a trusted reporter’s report can hold it again in the next 30 days.
A report also makes us check the listing again. If it no longer passes, it goes back to draft (clause 12.4).
13.3 We review every report as soon as we can after we receive it. A person decides every suspension and closure (who reviews). If we act on your listing or account, we tell you what we did and why (clause 18.3).
13.4 Welfare notice. Before each listing goes live, you accept this notice: “Pet Sales Australia may pass my details and my animals’ details to animal welfare authorities, councils or police after a report of, or if it suspects, poor animal welfare or a breach of animal welfare, sale or advertising laws.” Authorities include Animal Welfare Victoria and other state and territory agencies, councils, RSPCA inspectors and police. A person decides each time we pass details on. We cooperate with governments and welfare organisations to keep ads legal.
14. Messages, your name and getting paid
14.1 Buyers see what our Privacy Policy lists. Your full name, phone and address show on the ad only where state law requires (clause 7).
14.2 Buyers contact you through Message the Seller. Keep conversations on the site. Don’t put phone numbers, email addresses or links in messages, apart from the few trusted sites in our Terms of Use clause 6.4. To give a buyer your phone number, use Share My Phone Number, which shows once you’ve both written. We check messages automatically. We read a conversation only in the cases our Listing Rules and Moderation list. Our checks don’t catch every scam.
14.3 Once you reply to a buyer, they can choose to see your checked name. We show you who saw it and when they first did.
14.4 Take bank transfers and PayID only into an account in your checked name (for a rescue, the organisation’s or account holder’s). If your business account is in a kennel, company or trust name, give buyers an account in your own name, or take payment in person at pickup. Never ask a buyer:
- to pay anything, including a deposit, before they’ve met you and the animal in person (clause 15.1)
- to pay anyone but you, or by gift card, cryptocurrency or a money-transfer service such as Western Union or MoneyGram
- to pay you for transport, a crate or insurance. Buyers book and pay for transport themselves.
- for a code sent to their phone or email.
14.5 A buyer can report that they paid you and you stopped replying. Each buyer can make this report once every 90 days. We act on it only if:
- you’d replied to that buyer
- they’d seen your checked name (in your messages or on the ad); and
- their account is over a day old.
We then pause your messaging and review the report as soon as we can after we receive it. During the pause:
- your new messages are kept back for review before they’re sent
- nobody can start a conversation with you
- your checked name is hidden; and
- no listing of yours can go live.
Live listings stay up unless reports put them on hold or our review takes them down. We then lift the pause, or act under clause 18.
14.6 We don’t decide disputes between you and buyers, and can’t get money back for either side.
15. Deposits and the deposit receipt
15.1 Taking a deposit is up to you. Don’t ask for or take a deposit, or any other payment, until the buyer has met you and the animal in person. That applies to buyers in other states too. Buyers pay you directly. We don’t hold, transfer, check or protect deposits.
15.2 Only litters and single pets can carry deposit terms.
15.3 Set the deposit, no more than the price, and what happens if the buyer changes their mind (for the refundable options, by the refundable-until date you set):
- Refundable: the full deposit comes back.
- Refundable, apart from an amount you keep: you keep an amount stated up front, which must reflect your reasonable costs, and return the rest.
- Not refundable: the buyer doesn’t get it back.
After that date, it isn’t refundable for a change of mind (clause 15.4 still applies).
15.4 Your deposit terms cover only the buyer deciding not to go ahead, including not collecting the animal by the date you both agreed in writing. If the sale fails for any other reason, refund the deposit in full. That includes you being unable to proceed, the animal no longer being available, or it not being as you described. If you sell in trade or commerce (clause 9.5), the consumer guarantees also apply, and your terms can’t take them away.
15.5 (Not live yet.) Once the buyer has met you and the animal in person, and has seen your checked name (in your messages, or on the ad where the law puts it there), you can both record the deposit on a receipt in your messages. It records what you both confirmed, including that you met in person before the deposit was paid, and that you both say it was paid to you in person, or to an account in your checked name. It only counts once you’ve both accepted it.
15.6 (Not live yet.) Every receipt carries fixed wording neither of you can change. It includes “Pet Sales Australia did not hold or protect this payment. We didn’t see it, and we can’t confirm it was made.” It also warns buyers never to pay the seller for transport, crates or insurance, and says the receipt doesn’t limit anyone’s consumer law rights, though most consumer guarantees don’t apply to a one-off private sale.
15.7 (Not live yet.) The receipt is between you and the buyer. We’re not part of it and don’t enforce it. It isn’t a tax invoice. If you sell in trade or commerce (clause 9.5), it doesn’t replace any receipt or proof of purchase the law requires you to give.
15.8 Keep to your deposit terms. If a buyer shows us you didn’t, we may hold your listings while we look into it, and act on your account (clause 18).
16. Refunds and your consumer rights
16.1 ID check refunds are in clause 4.11.
16.2 If we charge you twice, the wrong amount, or for something you didn’t get, we refund it.
16.3 Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law, or any other law that can’t be excluded. In short, if our service fails, you can ask us to fix it, or for a refund or compensation, depending on how serious the failure is. In the words the law uses:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
16.4 To ask for a refund, email info@petsales.net.au with what you paid for and when. Refunds go to the card you paid with.
17. Our responsibility
17.1 We provide our services with due care and skill. We’re responsible for loss we cause through our negligence or by breaking these terms, as our Terms of Use explain. A check or stamp shows only what it says. It isn’t a promise about a seller, buyer, animal or payment.
17.2 Unless the loss comes from our failure to take due care, or our breach of these terms, we’re not responsible for:
- the animals you list, or what you agree with buyers
- what buyers say or do
- payments made off the site
- errors in a government register’s own records. We’re responsible only for showing accurately what the register told us.
17.3 If you break these terms or the law, and that causes us loss or a claim against us, you’re responsible for the loss and reasonable costs we have as a result, to the extent you caused them and the law allows. One example is a claim against us by someone harmed by false details you gave us. You’re not responsible for any part caused by our own negligence or breach.
18. When we act on a listing or an account
18.1 We hide, hold or remove a listing, or restrict, suspend or close an account, only for reasons in these terms, our Terms of Use or our Listing Rules and Moderation. They include:
- a listing that breaks the law or our rules
- a failed, lapsed or missing check
- false or misleading information
- using someone else’s identity, numbers, microchips or photos
- a scam or fraud
- a listing that isn’t for a real animal, litter or stud on offer (clause 9.6), where we find, on the evidence, that you knew it wasn’t
- an account we find, on the evidence, was opened or used to research the site for another website or app where other people advertise animals, or to copy or record listings, prices or members’ details in bulk to build a list, a database or another site (Terms of Use clause 8.5)
- credible evidence of cruelty or neglect
- taking payment before the buyer has met you and the animal in person, or not keeping to your deposit terms
- threats, harassment or abuse
- an authority looking into a listing (we may put it on hold meanwhile); or
- the law, a court, police or a regulator requiring us to act.
18.2 What we do depends on how serious the problem is. We may ask you to fix something, hold or remove a listing, have your messages reviewed before they’re sent, warn you, or suspend or close your account, as our Listing Rules and Moderation set out. A person decides every suspension and closure. A suspended or closed account’s listings and photos come off the site. They come back if we lift a suspension.
18.3 Where it’s safe to, we tell you before we suspend or close your account, and let you reply. Anything else, such as a hold, a request to fix a listing, or a pause on your messages, we do first and tell you about straight away. Some of these happen without waiting for a person, such as a hold after reports (clause 13.2). We tell you what we did and why, unless that would put someone at risk, help a scam, help someone get around our checks, harm an investigation or break the law. Even then, if we suspend or close your account, we tell you which rule we acted under, unless the law stops us. Where a person needs to look first, we tell you once they have. If you think we got it wrong, email info@petsales.net.au. There’s no deadline. A person will look again and email you the decision and reasons.
19. Changes to these terms, prices and features
19.1 We may change these terms, our Terms of Use or our Listing Rules and Moderation. If a change could leave you worse off, we’ll email you at least 30 days before it takes effect, and publish the new version with its date. If you don’t accept it, you can close your account first, and we’ll refund the unused part of anything you’ve paid for, with no fee. Some changes can take effect sooner: ones the law requires, and ones that only benefit you.
19.2 We give at least 30 days’ email notice of a price change. It doesn’t affect what you’ve already bought.
19.3 If we stop or significantly cut back a paid feature during a paid period, or stop running Pet Sales Australia, we refund the unused part. We’ll give at least 30 days’ notice of closing where we can.
20. Leaving
20.1 You can stop selling at any time (clause 11.4).
20.2 To close your account, email info@petsales.net.au from its address, and reply to our confirmation. We take your listings down. You don’t get a refund for anything you’ve paid for, except under clauses 16, 19.1, 19.3 or 22.1.
21. Problems and disputes
21.1 If you have a problem with us, email info@petsales.net.au first. Our Complaints page explains what happens next. You can also go to a regulator, such as your state’s consumer agency (in Victoria, Consumer Affairs Victoria), or to a tribunal or court.
22. General
22.1 If we sell or transfer the business, we may transfer these terms only to a new owner who agrees to keep to them. We’ll tell you at least 30 days before. We’ll ask for your consent where the law needs it for your personal information to pass on. If you don’t want to continue, you can close your account, and we’ll refund the unused part of anything you’ve paid for.
22.2 Victorian law governs these terms. You can still use a tribunal or court in your own state or territory where the law lets you, and its consumer laws still protect you. The other general terms in our Terms of Use (clauses 18-19) apply too. Earlier versions of these terms are available on request.
Contact
Email info@petsales.net.au, with the listing number if it’s about a listing. Pet Sales Australia, ABN 43 597 814 497.