Last updated 29/01/2016
These Sale Terms apply to purchases from PetStock NZ Limited by clicking "Pay now" on the Product Order you agree to be bound by these terms.
- Intended Meanings for Certain Words back 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 1985.
- "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 Order back 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 Clause 7.
- 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 Clause 5(b) 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 Clause 5(b), and the Partial Delivery is such that the remainder is to be delivered later, when that remainder is available to be delivered, subject to clause 7, 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.
- Price back 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. Where we do the price you will pay for the Product is the price set out in your Request when you confirm it.
- Payment back 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.
- 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.
- Cancellation back to top
- Except as contemplated in Clause 5(b), you may not cancel a Request after you have received the email confirmation confirming our acceptance of it as a Product Order.
- Where we advise you that there will be a Partial Delivery you will be entitled to cancel the Request, by following the instructions contained in the email. If you do not cancel the Request within 24 hours of us advising you, we may treat fulfilment of your Request (or partial fulfilment of it) in the manner set out in our email as acceptable to you and proceed to action the Request as modified. This modified Request will be treated as the Product Order.
- Subject to you cancelling a request in accordance with Clause 5(b), once your Request (or part of it) is accepted and becomes a Product Order you are committed to the transaction and payment will be effected for the Product Order (i.e. your credit card will be charged) immediately following confirmation of the deal.
- Notwithstanding that we may have confirmed a Request (or part of a Request) we may cancel a Product Order (or part of a Product Order) where product is unavailable for any reason. Where we cancel a Product Order (or part of a Product Order) we will notify you as soon as possible. If we have effected payment for a Product Order that is cancelled we will promptly refund the amounts paid for the Product Order or the part of the Product Order that is cancelled.
- Refusal of transaction back 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.
- Delivery back 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 Products back 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.
- Samples back 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.
- Warranties back to top
- The New Zealand Consumer Guarantees Act 1993 (CGA) may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These terms must in all cases be read subject to those statutory provisions and nothing in the following paragraphs is intended to limit your rights under the CGA unless you are a business or acquiring the Products for a business purpose.
- Where the Products are purchased for business purposes or used in a business::
- we expressly contract out of all provisions of the CGA to the fullest extent permitted by law;
- we will not be liable to you in any event, whether in contract, tort or otherwise, for any special, incidental, indirect or consequential loss or damage for any loss of goodwill or loss of profits for an amount in excess of that amount paid you to PetStock NZ Limited for a Product Order.
- All representations, terms, warranties, guarantees or conditions whether express or implied but not limited to guarantees or conditions of merchantability, fitness for purpose and similarity to sample are excluded 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.
- Returns back to top
If the Product is faulty (Faulty Product), please contact us to discuss the options to repair and/or replace Faulty Product.
- Force Majeure back 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 Assignment back to top
You may not assign any of your rights or obligations under these Terms without the prior written consent of PetStock NZ Limited.
- Severability back to top
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
- Law back 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.