Sale Terms
Last updated 10/02/2023
These sales terms (Terms and Conditions) constitute a legally binding contract between the customer ('you') and PETstock NZ Limited ('We', 'us','our' and 'Pet.co.nz') and apply to the ordering, purchase, fulfilment and delivery of goods ('Goods') and services ('Services') from this website ('Website').
By placing an order for Goods or Services from this Website you agree to these Terms and Conditions. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including under the Consumer Guarantees Act 1993) which cannot by law be excluded, restricted or modified.
We reserve the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your order are the Terms and Conditions which will apply to your order.
- Intended Meanings for Certain Wordsback to top
In these Terms, the following words have the meanings set out as follows:
- “Affiliated Website” means any website (other than the Website) owned and operated by PETstock NZ Limited.
- “Delivery” means providing the Products set out in a Product Order to you or leaving the Products set out in a Product Order at the front door or similar point at the address supplied by you in the Product Order, or any particular point specified by you in the Product Order, or where a signature is required, at the time the goods are handed over and signature is obtained from a person at the relevant site.
- “GST” means goods and services tax as set out in the GST Act.
- “GST Act” means the Goods and Services Tax Act in force at the time.
- “Member” means a user that has completed our registration process and created an account.
- “Product” means the goods and / or services being offered by us and promoted through the Website or Affiliated Website.
- “Product Page” means the relevant page of the Website that sets out the information regarding the Product.
- “Product Order” means your Request or that part of your Request we confirm as acceptable
- “Request” means the order placed by you for the relevant Products in the Shopping Cart
- “Shopping Cart” means that purchase section of the Website displaying the Products that you intend to purchase.
- “User” means any user of the Website.
- “We”, “us”, “our” and “Pet.co.nz” are a reference to PETstock NZ Limited.
- “Website” means this website Pet.co.nz.
- “You” and “your” are a reference to you.
- Product Orderback to top
Pet.co.nz runs this Website and a number of Affiliated Websites. We offer the capability of using one Shopping Cart to carry all Products you have selected to purchase across the Website and all Affiliated Websites until you are ready to purchase them.
If you end your visit to the Website or Affiliated Website with items in your Shopping Cart (that is without completing the Request, including payment), we may retain those items in your Shopping Cart for a period of time determined by us, unless you first remove them. Where you are a Member we may send you an email notification from time to time to remind you that you still have items in a Shopping Cart.
You should check that the Shopping Cart contains the products you intend on purchasing before progressing to confirm the Request. We are entitled to assume that you have checked the contents of your Shopping Cart and all other details of your Request before you confirm it.
You acknowledge and agree that any Request you submit to us through the Website is a legal offer to us to purchase the goods or services that are the subject of the Request.
Should we accept your Request, we will acknowledge acceptance of it by sending you an email confirmation.
We will endeavour to show any Product displayed on the Website or Affiliated Websites that is unavailable for Delivery (“Out Of Stock Product”) as “Out of Stock” and will, where it is stated to be Out of Stock, set out an estimated delivery time on the Product Page. We may allow you to submit a Request for Out Of Stock Product. Should we accept your Request, we will arrange Delivery of the Out Of Stock Product subject to these Terms and Conditions.
We will send you an email notification where we are unable to fulfil your Request or some of your Request until a later time or where we are only partially able to fulfil your Request (each a “Partial Delivery”). You will be entitled to cancel the Request in accordance with these Terms and Conditions where we advise you that there will be a Partial Delivery. If you do not cancel a Partial Delivery in the manner set out in these Terms and Conditions, and the Partial Delivery is such that the remainder is to be delivered later, when that remainder is available to be delivered, subject to these Terms and Conditions, we will arrange Delivery, of that the remainder with no further Delivery cost to you.
We will use all reasonable efforts to fill your Request but where we are not able to we may advise you of this and partially accept your Request. Where we do this we will set out the parts that have been accepted.
- Priceback to top
Unless a price for the delivery or other additional cost or expense is expressly stated in respect of a Product, the price as stated in the Product Page excludes all costs and expenses of supply and delivering the Products unless otherwise stated on the Product Page. These will be added at the time that you complete the details of your Request and confirm it.
Unless otherwise expressly stated, all amounts specified on the Website and any Affiliated Websites are GST inclusive.
Prices displayed on the Website and any Affiliated Websites are in New Zealand dollars.
We may change the price of Products from time to time without prior notice. Where we do the price you will pay for the Product is the price set out in your Request when you confirm it.
- Paymentback to top
You must pay for Products purchased by a debit card, credit card or any other payment method that we may make available from time to time. When an order is submitted your selected payment method will be debited.
If the name on the payment card or account does not match the name on the order, We may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your payment card or account details you authorise Us to deduct the price and the applicable shipping and other charge(s) from such card or account.
We reserve the right to change the payment methods that can be used for orders at any time without prior notice to you in its absolute discretion.
We may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation where:
- our fraud detection systems detect possible irregularities;
- your financial institution has declined payment; or
- your payment card has expired.
Where this is the case, We reserve the right to cancel your order and/or place your order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
Goods that you have ordered will not be delivered to you until your payment for the Goods has cleared. If your payment cannot be processed, your order will be rejected, and we will notify you. Where you order more than one item in one order, We will endeavour to deliver those Goods together, but this may not be possible in all cases.
If We cannot supply the items requested, we will then process a refund to the value of the non-supplied items.
You acknowledge that additional bank charges may apply to certain transactions.
Title to Products shall pass to you on payment in full for the relevant Products.
You are liable for all costs associated with any default in payment for any Product Order.
- Cancellationback to top
Please check your order carefully before submitting it as orders may not be able to be changed or cancelled once the order has been accepted by us.
We reserve the right to cancel an order that it has previously accepted, at any time before delivery and for whatever reason, including but not limited to:
- not being able to supply the Goods within a reasonable time or at all due to an event beyond Our control;
- an error on the Website in relation to the Goods or Services, for example, in relation to a description, price or image;
- You not meeting our payment terms or us not being able to process or accept your payment.
- have breached a material term of this Agreement;
- have not able to deliver your order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
- Refusal of transactionback to top
We may refuse to process a Request or a Product Order for any reason at any time in our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction.
We reserve the right to limit the quantity of Product available to you to order in our sole discretion.
You acknowledge and agree that you may not purchase Products from the Website and Affiliated Websites for the purposes of resale. We may refuse to process Request or Product Order if we believe in our sole discretion that you are purchasing for the purposes of reselling Product.
We do not accept Requests from outside of New Zealand. If you are from outside New Zealand and we unknowingly agree to supply Product to you for use or consumption outside New Zealand, you indemnify us against any liability that may arise as a result of us selling Product to you.
- Deliveryback to top
Delivery is only available in New Zealand and only to a physical address. We do not deliver to Post office boxes.
You may choose from any of the delivery options available. Where you have selected a delivery option other than the standard delivery you acknowledge that this may incur additional costs. These additional costs will be set out in your Request for you to check prior to you confirming it.
You acknowledge and agree that:
- the quoted delivery times are in working days, (meaning every day excluding Saturday, Sunday or a public holiday in Auckland, New Zealand) and are estimates only;
- we will notify you as soon as possible if there is likely to be an expected delay in Delivery;
- Delivery to rural addresses may take longer than the time indicated and some delivery options may not be available;
- where we accept a Request for Out Of Stock Product, Delivery of that Product will not occur within our usual delivery times; and
- to the extent permitted by law we will not be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the products not being delivered within the anticipated delivery time.
We shall bear the risk of loss or damage to the Products until Delivery. Risk in the Products shall pass to you on Delivery.
Should we accept that a Product Order was not delivered, that part of a Product Order was not delivered or that Products delivered were spoiled or damaged, we will refund the amount paid for the affected Products or we will resupply them.
Where you have selected that a signature is required, or a Product you have selected requires a signature, you are responsible for being available to sign for the delivery.
Where a signature is required and delivery was unsuccessful because obtaining a signature was not possible, you may be charged an additional fee for re-delivery or you will need to make further arrangements with the courier company to collect the goods.
If you receive goods or services as part of a Delivery that are not goods or services ordered by you please notify us. If you choose to keep goods not ordered or receive services not ordered we may charge you for those goods or services. If you choose to return those goods or not receive the services we will refund you any amount charged to you for those goods or services and reimburse you any reasonable courier or postage costs incurred by you in returning any such goods to us.
- Special Productsback to top
You acknowledge and agree that some Products may be subject to additional terms (such as age verification or a specific delivery method). Where you have selected to purchase a Product that is subject to additional terms the additional terms will be advised to you as part of your Request by confirming your request you will be deemed to have agreed to the additional terms.
- Samplesback to top
We may in our sole discretion include samples of other products in the delivery of the Product, at no additional cost to you. Where we have included a sample there will be no obligation on you to purchase or return the sample.
- Warrantiesback to top
We are committed to honouring consumer guarantees under the Consumer Guarantees Act 1993. This means we will assist you if goods:
- are or become faulty through no fault of your own;
- are not fit for a stated purpose or a purpose you made known to our sales staff;
- don’t match our description or sample; or
- have defects that were not obvious or we did not bring to your attention.
If the fault is minor or can be repaired then we may choose to repair the goods or give you a replacement. If the fault is serious or cannot be repaired then you can choose to have a refund, get a replacement or similar item or keep the goods but get some money back in compensation.
However, you may be asked to provide your receipt as proof of purchase. You may also be asked to demonstrate that the problem with the goods was not your fault.To the fullest extent permissible at law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website, the Services or any material appearing on this website, or from any action or decision taken as a result of using this website, the Services or any such material.
If you are a business or a person in trade then we expressly contract out of all provisions of the CGA to the fullest extent permitted by law.
You acknowledge and agree that you will not rely on any representation or statement made on behalf of PETstock NZ Limited other than the express provisions of these terms and conditions.
You will ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for the handling and care of all Products.
- Returnsback to top
If the Product is faulty (Faulty Product), please contact us to discuss the options.
- Liabilityback to top
Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act 1993), we will not be liable to you, or any other person, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all, for any loss, damage, cost or expense suffered as a direct or indirect result of:
- your account information being incomplete or inaccurate;
- any unauthorised use of your password or account which takes place before you notify us;
- your order information being incomplete or inaccurate or as a result of being unable to change or cancel your order once it has been accepted by us;
- cancellation of your order in accordance with these Terms and Conditions;
- any delay in you receiving any refund;
- the unavailability of any Goods at any time; or
- you accessing this Website.
To the full extent permitted at law, we are not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any order or your account.
- Force Majeureback to top
We will not be liable you or any other person for any delay or failure to perform any of our obligations under these Terms, or for any loss or damage therefrom, to the extent the delay or failure is caused by any event beyond our control.
- No Assignmentback to top
You may not assign any of your rights or obligations under these Terms without the prior written consent of PETstock NZ Limited.
- Severabilityback to top
If any provision of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of any other provision of these Terms and Conditions.
- Lawback to top
These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
We make no representation or warranty that the content of this Website complies with the laws of any country outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.
You may cancel your order where we:
Where we cancel your order after acceptance we will notify you of cancellation.
In the event of us or you cancelling your Order after payment has been processed, we will refund any money paid in respect of that Order.