Terms & Conditions
PET GOODS LIMITED - TERMS AND CONDITIONS OF TRADE1. DEFINITIONS AND INTERPRETATION
1.1." Content" any information or material generated or uploaded by a Customer onto the Website, Pet Goods Facebook page or other social media controlled by Pet Goods.
1.2." Contract" shall mean any agreement (whether written or verbal) between Pet Goods and the Customer for the supply of Products from Pet Goods to the Customer, and shall include, without limitation, these terms and conditions of trade.
1.3." Customer" shall mean any person or entity that engages with Pet Goods for the supply of Products and if there is more than one Customer then each person or entity is jointly and severally the Customer.
1.7." Person" includes a company, partnership, family trust, individual or any other entity.
1.8." Products" may include, but without limitation, any products, goods, equipment, stock, books and/or other merchandise offered for sale by Pet Goods as part of its business or promoted through the Website.
1.9." Pet Goods" shall mean Pet Goods Limited trading as Pet Goods NZ, its successors and assigns or any person acting on behalf of and with the authority of Pet Goods.
1.10." Website" shall mean www.petgoods.co.nz and shall include any app Pet Goods may create to sell its Products.
1.11.Unless the context requires otherwise:
1.11.1 References to any statute, regulations or other statutory instrument or by-law shall be deemed to be references to a statute, regulations, instrument or by-law of New Zealand as from time to time amended and includes substitute provisions (whether in an amendment of existing legislation or in new legislation) that substantially correspond to those referred to;
1.11.2 Where the context requires or admits, words importing the singular shall import the plural and vice versa; and
1.11.3 References to any party includes the successors and any permitted assigns of that party and party means them collectively.
2. ACCEPTANCE OF TERMS AND CONDITIONS OF TRADE
2.1 Any Order received by Pet Goods from the Customer for the supply of Products shall constitute acceptance of these terms and conditions of trade (or any subsequent versions of these terms and conditions of trade which may be in use at the time of the Order) and the terms and conditions of trade shall form part of a binding contract between Pet Goods and the Customer.
2.2 Pet Goods reserves the right to amend these terms and conditions of trade at any time by uploading the amended terms and conditions to its Website. The Customer agrees to be bound by the terms and conditions of trade on the Pet Goods Website at the time of each Order.
3. PRICE AND PAYMENT
3.1 The Products shall be sold to the Customer at the amount specified by Pet Goods when a Contract is created.
3.2 Pet Goods reserves the right to change the price and discount codes of any Products at any time and new prices and discount codes will be set out on the Website .
3.3 Prices set out on the Website are in New Zealand dollars and are inclusive of GST.
3.4 Pet Goods requires full payment for its Products when an Order is made before Delivery will be completed.
3.5 At the time of the Order being placed the Customer acknowledges and agrees:
3.5.1 They may be charged additional fees for completing payment online; and
3.5.2 Any costs associated with any default in payment for any Products Ordered are the responsibility of the Customer and Pet Goods accepts no liability for any such costs.
3.6 Payments to Pet Goods through its Website are processed by an independent third-party service provider. To allow the processing of payment, you agree to provide certain personal information to that third-party provider.
3.7 At the time of making an Order the Customer will be given the option of allowing Pet Goods to store any debit card, credit card or other payment information provided in making the Order. If the Customer agrees to this option, Pet Goods will securely store the payment information.
4. DELIVERY, TITLE AND RETURNS
4.1 Pet Goods will notify the Customer of its estimated delivery dates for its Products. Delivery dates are subject to change for a variety of reasons, including, but not limited to, courier schedules, supplier schedules and staff capacity.
4.2 Delivery will be made by Courier. Products will only be delivered to a physical address and Pet Goods will not Deliver to a Post Office Box.
4.3 Delivery of Products is not available outside New Zealand.
4.4 Title to the Products Ordered shall pass to the Customer upon full payment being received. Despite this, Pet Goods shall remain liable for any loss or damage to the Products Ordered until Delivery is completed.
4.5 Separate to Pet Goods' complaints policy as set out in clause 10, if, at the time of Delivery, the Customer is not satisfied with the Products due to damage sustained to the Products prior to Delivery, they must return them to Pet Goods within 15 working days to enable Pet Goods to inspect them. If the Products are not returned within 15 working days of Delivery to the Customer, then the Customer is deemed to have accepted them. If Products are returned within 15 working days, Pet Goods will inspect them and determine, in its sole discretion, whether the Products are damaged. If Pet Goods agrees the Products are damaged it may either:
4.5.1 Refund the Customer for the purchase price and the delivery cost of the Products to the account from which payment was made; or
4.5.2 Replace the Products at Pet Goods' cost.
5. ACCURACY OF INFORMATION FROM CUSTOMER
5.1 Pet Goods shall be entitled to rely on any Order submitted by the Customer in relation to the supply of any Products ordered under any Contract including, without limitation, acceptance of the estimated Delivery timeframes, the Products ordered and quantities.
5.2 The Customer acknowledges and agrees that the description of Products on the Website is limited to an abbreviated description of the Products. Pet Goods shall not be liable for any loss, damages, costs and/or expenses incurred as a result of the brevity of the description of Products on the Website and/or any errors, omissions or misstatements in relation to any information detailed on the Website.
5.3 Pet Goods reserves the right to amend any Product details and/or Product price on the Website at any time and the Customer accepts the Product details and/or Product price at the time an Order is made.
6. INDEMNITY
6.1 In the event the Customer breaches any Contract with Pet Goods, it indemnifies Pet Goods for any costs and expenses it incurs in enforcing its rights under any Contract, including legal fees as between solicitor and client (being Pet Goods).
7. CANCELLATIONS
7.1 The Customer shall not be permitted to cancel a completed Order for Products to be supplied by Pet Goods under any Contract.
8. LIMITATION OF LIABILITY
8.1 To the extent permitted by law, Pet Goods accepts no liability to the Customer for any loss, damages, costs or expenses incurred by the Customer if the Products are not Delivered within the delivery time estimated by Pet Goods.
8.2 Pet Goods shall not be liable for any loss of profit or indirect and/or consequential loss (whether arising under statute, contract, negligence or otherwise) arising out of any Contract or a Customer's use of the Website.
8.3 Pet Goods accepts no liability for any Customer loss arising for as a result of a Customer relying on information set out in any third-party websites accessed by following links or hyperlinks on the Website.
8.4 Pet Goods shall not be liable for any losses arising for as a result of a Customer relying on any Content uploaded by a Customer on the Website, on Pet Goods Facebook page, or other social media controlled by Pet Goods or other marketing material produced by Pet Goods.
8.5 In the event that Pet Goods is found liable for any loss, damages (including direct, indirect, incidental, special or consequential loss or damage), costs or expenses related to an Order for Products under a Contract, Pet Goods liability shall be limited to three times the price of the particular Order for Products relating to the liability claimed.
9. NOT BOUND TO MANUFACTURER OR SUPPLIER WARRANTIES
9.1 Pet Goods shall not be bound by any term, condition, representation, or warranty given by any manufacturer and/or supplier of any Products, or part of those Products, which are used and/or on sold by Pet Goods in the supply of Products under a Contract.
9.2 Pet Goods will undertake reasonable endeavours to pass on any manufacturer and/or supplier warranties to the Customer.
10. COMPLAINTS
10.1 In the event the Customer is dissatisfied with any of Pet Goods' Products after Delivery of the Products they must follow the complaint process as set out below:
10.1.1 The Customer must provide written notice to Pet Goods of the issue/s they are dissatisfied with (" the Complaint").
10.1.2 Pet Goods has 15 working days from the date of receiving the written notice from the Customer to investigate the Complaint.
10.1.3 If, after investigating the Complaint, Pet Goods agrees with the Customer, Pet Goods may replace any Products which it agrees are defective or of poor quality.
10.1.4 If, after investigating the Complaint, Pet Goods does not agree with the Customer, it will report back to the Customer with its findings. If the Customer remains dissatisfied with Pet Goods' findings, the Customer must request that Pet Goods attends an informal mediation meeting with it in an attempt to resolve the Complaint before taking any further action against Pet Goods.
11. CUSTOMER REGISTRATION ON WEBSITE
11.1 If a Customer registers their personal information on the Website, the Customer consents to receiving marketing information and any other material regarding Pet Goods by electronic communication from Pet Goods.
11.2 The Customer is responsible for maintaining the security of all usernames and passwords registered by them. The Customer will notify Pet Goods in writing immediately upon the Customer becoming aware of any unauthorised use of their username and/or password and/or their account with Pet Goods.
11.3 The Customer is not permitted to transfer or assign its username or account to another user or create more than one account with Pet Goods.
11.4 Pet Goods reserves the right to limit, suspend or terminate a Customer's account should it not comply with these terms and conditions of trade.
12. WEBSITE CONTENT
12.1 No Customer shall use the Website or any Content, summaries, images or logos set out on the Website in any way which shall breach the terms of these terms and conditions of trade.
12.2 Customers shall not post or publish any Content on the Website, on Pet Goods Facebook page or on other social media controlled by Pet Goods that is harmful, false, misleading or defamatory.
12.3 By using the Website, Facebook page or other social media controlled by Pet Goods, Customers acknowledge that the Content is not created by Pet Goods and may not reflect the views of Pet Goods.
12.3 Pet Goods reserves the right to delete any Content from the Website, Facebook page or other social medical controlled by Pet Goods as it sees fit.
13. PRIVACY ACT 2020
13.1 The Customer authorises Pet Goods to collect, retain and use any information about the Customer for the purpose of enforcing any rights under any Contract and marketing its Products.
13.2 The Customer authorises Pet Goods to disclose any information obtained by it to any person for the purposes set out in clause 13.1.
13.3 Where the Customer is a natural person the authorities under clauses 12.1 and 12.2 are authorities or consents for the purposes of the Privacy Act 2020 and any other Act replacing that Act.
13.4 The Customer shall have the right to request a copy of the information held by Pet Goods about the Customer and the right to request Pet Goods correct any incorrect information about the Customer.
14. CONSUMER GUARANTEES ACT 1993
14.1 In the event Pet Goods provides Products to the Customer in trade, to the extent permitted by law, the provisions of the Consumer Guarantees Act 1993 are contracted out of and shall not apply and Pet Goods.
15. INTELLECTUAL PROPERTY
15.1 Any content displayed or made available through the Website is the exclusive property of Pet Goods or its suppliers and may not be used, copied, distributed, displayed, reproduced, published or transmitted by the Customer (including in hard copy, electronic or any other form) or any third parties without the prior written permission of Pet Goods. Any infringement of Pet Goods' intellectual property may result in civil and/or criminal penalties.
15.2 No Customer or third parties may use any part of the Website in any advertising or other revenue generating material.
16. FORCE MAJEURE
16.1 Pet Goods shall not be liable for any delay, failure to perform its obligations and/or default under any Contract due to any act of God, terrorism, war, strike, lock out, industrial action, flood, storm, pandemic or other event beyond its reasonable control.
17. MISCELLANEOUS
17.1 No waiver by Pet Goods in respect of any breach of any Contract shall operate as a waiver in respect of any subsequent breach.
17.2 If any clause(s) of these terms and conditions of trade shall be declared invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining clauses shall not be affected, prejudiced or impaired.
17.3 These terms and conditions of trade are governed by and construed in accordance with the laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.