1.1 All Products supplied by The Pet Doctors Limited, trading as “The Pet Doctors”, and its employees, contractors and agents (“TPD”) to the customer (“Customer”) are sold subject to these terms and conditions of sale (“Terms”).
1.2 The Customer acknowledges that by purchasing any Products from TPD or using or otherwise accessing TPD’s website www.thepetdoctors.co.nz (“Website”), the Customer has read, understood and accepted the Terms and agrees to be bound by the Terms.
1.3 TPD reserves the right to amend these Terms in any manner and at any time and will notify the Customer of any amendments to the Terms by uploading the amended Terms to the Website. By continuing to use the Website or by ordering Products from TPD after any such amendment, the Customer is deemed to have agreed to the amended Terms.
1.4 No variation, modification or substitution for these Terms is binding on TPD unless specifically accepted by TPD in writing.
1.5 The parties acknowledge and agree that for the purposes of the Terms, any reference to the “Products” means all products supplied by TPD to the Customer from time to time for sale to, and purchase by, the Customer.
2. USE OF WEBSITE
2.1 If a Customer is under the age of 18, the Customer must only use the Website with parental or caregiver consent, provided that the Customer’s parent or caregiver is over the age of 18 and has accepted the Terms on behalf of the Customer.
2.2 The Customer shall ensure that no other person shall use the Customer’s Website login or account with TPD to purchase any Products.
2.3 As a condition of use of the Website, the Customer agrees:
(a) Not to disrupt activity online;
(b) To ensure that the Website is not used for any illegal activity or which may expose TPD to potential litigation including (but not limited to) copyright and trade mark infringement, the publication of obscene or defamatory information or material, the publication of information or material that infringes the rights of third parties, or the publication of information or material that is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986;
(c) Not to use anybody else’s computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
(d) Not to post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;
(e) Not to run network scanning software or use open relay to distribute messages; and
(f) Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, TPD’s or anyone else’s computer system or communications services.
3. APPLICATION FOR INFORMATION ON PRODUCTS
3.1 Where the Customer wishes to request further information on the Products, the Customer must do so in accordance with the instructions on the Website.
3.2 TPD shall have the absolute discretion to decline the Customer’s request for further information on the Products for any reason whatsoever without reference to the Customer. TPD may require the provision of additional information or verifications before providing the Customer with the further information.
4.1 Where the Customer proceeds to acquire Products from TPD, the terms and conditions relating to the Customer’s acquisition and use of all Products are those specifically set out in these Terms, unless otherwise expressly agreed by TPD in writing.
4.2 TPD is entitled to:
(a) Discontinue supply of all or any of the Products; and
(b) Add to or substitute Products.
4.3 TPD will give Customers notice of any such changes referred to in clause 4.2 by updating the Website.
5.1 The Customer must place orders for the Products to TPD in writing or via the Website.
5.2 Orders for Products are subject to TPD’s approval and acceptance. All orders are subject to the availability of Products.
5.3 In the event that an order is declined pursuant to clause 5.2, TPD shall refund to the customer any payment for the Products to the credit card or account used for such payment.
5.4 The Customer cannot cancel any order for Products (whether fully or in part) unless TPD has agreed in writing to the cancellation. The Customer cannot cancel any special indent order for Products (being an order for Products that TPD does not keep readily available in stock and where TPD has specifically ordered the Products from a supplier on the Customer’s instruction).
6. AUTOMATIC ORDERS
6.1 The Customer may, if agreed to by TPD in writing, arrange for orders of certain Products to be placed automatically and delivered to the Client at regular and agreed intervals (This recurring re-ordering process may be described as “Auto-Reorder,” “Subscription” or “Formulated”).
6.2 To request an Auto-Order, the Customer must specify to TPD:
(a) The Products and quantity of the Products to be included in the Auto-Order;
(b) The delivery address of the Auto-Order;
(c) The frequency of such Auto-Order; and
(d) The credit card to be charged for the Auto-Order.
6.3 The Customer acknowledges that by setting up an Auto-Order, TPD shall be authorised to deduct the full price for the Products and any delivery costs from the credit card nominated under clause 6.2(d) prior to the shipment of the Auto-Order.
6.4 All Auto-Orders are subject to the availability of Products and approval and acceptance by TPD.
6.5 If a Customer wishes to cancel an Auto-Order, the Customer must give at least 10 working days’ written notice prior to the shipment of the next scheduled Auto-Order.
7.1 The price payable for the Products ordered will be either:
(a) Where the Customer orders from the Website, the price specified on the Website; or
(b) In all other cases, the price specified by TPD in writing.
7.2 All prices for the Products shall be in $NZD and shall be inclusive of GST (unless otherwise stated). TPD may correct any clerical errors or omissions in any quotation, correspondence, invoice or on the Website at any time.
7.3 TPD reserves the right to vary the price for Products. TPD will notify the Customer of any variations to the prices specified by updating the Website.
7.4 Where a price variation directly effects any Products contained in a Customer’s Auto-Order, TPD shall give the Customer 20 working days’ notice prior to the variation to the prices taking effect.
7.5 Where a quotation is given by TPD to the Customer for Products:
(a) Subject to clause 7.5, the quotation will be valid for 20 working days from the date of issue and thereafter will be deemed to be withdrawn; and
(b) No variation of the quotation is permitted unless TPD has agreed in writing to the variation.
7.6 TPD reserves the right to withdraw or vary any quotation at any time before the Customer accepts the quotation in writing.
7.7 TPD reserves the right to reasonably vary the price payable for the Products by giving the Customer notice in writing where there has been an increase in the cost of supplying or delivering the Products and/or where any circumstances described in clause 19 of the Terms apply in respect of Products.
8.1 Unless TPD otherwise agrees in writing, the Customer must pay the full price for the Products and any delivery costs upon placing an order for the Products. In any case, TPD must receive payment in full for the Products and delivery costs prior to shipment of the Products.
8.2 Where the Customer’s order is an Auto-Order, the full price for the Products and delivery costs shall be deducted automatically from the credit card nominated by the Customer pursuant to clause 6.2(d) no more than 5 working days prior to scheduled date of the Auto-Order.
8.3 The Customer must make all payments to TPD without delay, counter-claim, abatement, deduction or set off.
8.4 Without prejudice to TPD’s other rights and remedies, if any amounts due to TPD are not paid by the Customer by the due date for payment (including any instance where the payment for an Auto-Order cannot be deducted in accordance with clause 8.2) or the Customer breaches any of these Terms, TPD may:
(a) Retain the Products until full payment for the Products has been received;
(b) Suspend or terminate any account the Customer holds with TPD, at which time any amounts the Customer owes to TPD will become due and payable;
(c) Charge the Customer interest, payable on demand, on any overdue amounts at the rate of 12% per annum, calculated daily from the due date for payment until payment is received in full; and
(d) Recover from the Customer all costs incurred by TPD arising from any breach of these Terms (including, without limitation, legal costs, service costs and costs of recovering unpaid amounts).
9. RISK AND DELIVERY
9.1 Risk passes to the Customer on delivery of the Products.
9.2 Delivery shall be deemed complete when TPD gives possession of the Products directly to the Customer, or possession of the Products is given to a carrier, courier, or other bailee for the purposes of transmission to the Customer.
9.3 The Customer is responsible for insuring all Products from the time of delivery.
9.4 Where TPD has accepted an order, TPD will use its reasonable endeavours to arrange supply to the Customer of the Products by the delivery date agreed in writing between TPD and the Customer or within the estimated delivery time as specified on the Website.
9.5 The Customer shall advise TPD in writing if an order is not received within 7 working days from the date that the order is placed with TPD.
9.6 TPD may, at its discretion, deliver Products by instalments. The Customer must pay for any Products to be delivered or provided by instalments by the due date for payment set out in these Terms regardless of whether or not all the Products have been delivered or performed.
9.7 TPD is not liable to the Customer for any failure to deliver, or for any delay in the delivery of, the Products. Without limiting the foregoing, TPD is not liable for failure to deliver, or for any delay in the delivery of, the Products in the following circumstances:
(a) Where payment for the Products by the Customer has not been received by TPD on the due date for payment; or
(b) Those circumstances described in clause 19 of these Terms.
9.8 TPD’s Shipping and Delivery Policy can be accessed by clicking here.
10. OWNERSHIP RESERVED
10.1 TPD retains ownership of and the legal and equitable title in all Products agreed to be supplied by TPD until the Customer has paid the full price for the Products and any delivery costs and all other amounts owing by the Customer to TPD.
11. INSPECTION AND RETURNS POLICY
11.1 The Customer will inspect the Products on delivery and shall within three working days after delivery notify TPD in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description and the Customer return the defective Product to TPD at the Customer’s cost.
11.2 If the Customer does not notify TPD within three working days after delivery, then the Customer shall be deemed to have accepted the Products.
11.3 Where TPD has agreed in writing that the Customer is entitled to reject the Products, TPD will, at TPD’s discretion, replace the Products with Products of identical type, or refund the price the Customer has paid for the Products (excluding delivery costs) either, at TPD’s discretion, in the form of store credit or in cash. TPD’s liability is limited to either, at TPD’s discretion, the replacement of the Products or the price the Customer has paid for the Products (excluding delivery costs) either, at TPD’s discretion, in the form of store credit or in cash.
11.4 Where TPD has agreed to replace the Products, the Customer shall pay to TPD the delivery costs required to deliver the replacement Products, unless otherwise agreed by TPD in writing.
11.5 Returns of Products will only be accepted by TPD if:
(a) The Customer has complied with the provisions of clause 11.1 or TPD has agreed in writing to the return of the Products;
(b) The Products are returned at the Customer’s cost within 10 working days of the date of delivery;
(c) The Products are returned with the original invoice/packing slip or the number and date of the invoice or packing slip are enclosed; and
(d) The Products are returned in the condition in which they were delivered, are unused and are in original packaging.
11.6 TPD will not accept returns of Products where TPD has arranged for the Products to be manufactured and supplied to a Customer’s specifications.
12. PRODUCT WARRANTIES AND EXCLUSIONS
12.1 Where the Products have the benefit of a warranty from a third party manufacturer, TPD will, to the extent permitted by the third party manufacturer, pass the benefit of the warranty to the Customer but TPD will not itself be liable under such warranty. The Customer shall allow TPD the sole right to manage all warranty claims with any manufacturer.
12.2 Except as provided in the Consumer Guarantees Act 1993 (if applicable) and by any third party manufacturer’s written warranty (if any), TPD makes no representation, condition, warranty or promise, express or implied, in respect of Products supplied to the Customer.
12.3 No agent or representative of TPD is authorised to make any representations, statements, warranties, conditions or agreements not expressly specified in the Terms and the Customer agrees that TPD is not in any way bound by any such representations, statements, warranties, conditions or agreements.
12.4 Where the Customer purchases Products for a particular purpose, it is the Customer’s sole responsibility to ensure that the Products will be suitable for the Customer’s purpose, and TPD shall have no liability whatsoever in the event that the Products are not fit for the Customer’s purpose, notwithstanding any statements made to the Customer by TPD or its officers or employees. The Customer and TPD agree that Section 137 of the Commercial and Contract Law Act 2017 does not apply.
12.5 Where the Customer is in trade and acquires the Products in trade, then TPD and the Customer agree to contract out of the provisions of the Consumer Guarantees Act 1993 and accordingly the provisions of the Consumer Guarantees Act 1993 do not apply. Except to the extent permitted by law, nothing in the Terms is intended to have the effect of contracting out of provisions of the Consumer Guarantees Act 1993 in respect of a Customer that is a consumer (as that term is defined in the Consumer Guarantees Act 1993) where that Customer is not in trade and these Terms are amended to the extent necessary to give effect to that intention. In this clause 12.5, “in trade” has the meaning given to it in the Consumer Guarantees Act 1993.
13. WEBSITE WARRANTIES AND EXCLUSIONS
13.1 The information provided on the Website, including any suggestions made by TPD regarding the selection or use of a particular Product, is supplied on the condition that the Customer will make their own determination as to the fitness or suitability of such information or Product for their purposes prior to use of the Website or the purchase of any Products.
13.2 TPD make no warranties or representations about the accuracy or completeness of the Website, its content or the content of any website “hypertext linked” to or from the Website.
14. LIMITATION AND EXCLUSION OF LIABILITY
14.1 Except as provided in the Consumer Guarantees Act 1993 (if applicable) and under these Terms, TPD shall not be liable for:
(a) any loss of any kind whatsoever suffered by the Customer by reason of any breach of any of TPD’s obligations regarding the supply of Products or in contract, tort (including negligence) or otherwise including without limitation any indirect, special or consequential loss or damage of any kind whatsoever including, without limitation, loss of revenue, loss of profits, loss of any contract, failure to realise expected profits or savings and any other commercial or economic loss of any kind that may be suffered by the Customer;
(b) any damage to the Products due to external causes, including accident, abuse, misuse, usage not in accordance with instructions for the Products in any user guide, manual or other directions;
(c) any faults, defects or damages to Products caused by the modifying or adding to Products by the Customer and/or any person or entity;
(d) any damages, losses or liabilities that result from the use of, or inability to use, the Website, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure or any special or consequential damages that result from the use of, or the inability to use, the Website;
(e) any damages or losses caused by the Customer’s, representatives, employees, agents, customers or any other persons whatsoever (whether similar to the foregoing or not); and
(f) any loss, damage or injury caused to the Customer’s employees, agents, contractors, customers or other persons and the Customer will indemnify TPD against any claim by such persons.
14.2 TPD’s liability arising out of any claim by the Customer under or in relation to these Terms or otherwise shall not in any event exceed the price invoiced to the Customer for the Products giving rise to the claim or $100, whichever is the lesser amount.
15. CUSTOMER’S LIABILITY AND INDEMNITY
15.1 The Customer warrants that it has the full authority to order or request TPD to deliver the Products and the Customer shall be bound by all such orders and requests. Where the Customer has ordered or requested Products, the Customer indemnifies TPD against any claim by any third party following delivery of the Products by TPD.
15.2 The Customer agrees to protect, indemnify, defend and hold harmless TPD absolutely from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgements, costs and expenses of any kind whatsoever (including reasonable legal fees and service costs) arising out of or in any way connected with the Customer’s breach of the Terms.
16. INTERNATIONAL SHIPPING, IMPORTATION & LOCAL LAWS
16.1 The Customer agrees to, at all times, comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in the country it resides in.
16.2 The Website is controlled and operated by TPD, from New Zealand. TPD makes no representation or warranty that the Websites content or Products sold comply with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of New Zealand. Access to the Website or the purchase of the Products from territories where such content or Products are illegal is prohibited.
16.3 If a Customer accesses the Website from outside of New Zealand, the Customer is solely responsible for compliance with applicable local laws and agrees to indemnify TPD absolutely in respect of any liability arising for TPD as a result of the Customers noncompliance with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of New Zealand.
16.4 No orders for Products to a delivery address outside of New Zealand will be accepted by TPD.
17. INTELLECTUAL PROPERTY
17.1 Unless otherwise specified, TPD is the owner of and possess all rights in respect of the copyright in, the content appearing on the Website including the text, site design, logos, trade marks, graphics, icons, button icons, audio clips, software and images, as well as the collection, assembly and arrangement of those items.
17.2 The Customer is granted permission to electronically copy and to print hard copy portions of the Website for the sole purpose of using the Website as a resource to acquire further information about the Products. Any other use of the content on the Website (including reproduction for purposes other than that noted above, or any modification, distribution, or republication of any content on the Website) without TPD’s prior written permission is strictly prohibited.
17.3 All rights not expressly granted herein are reserved. Any unauthorised use of the content appearing on the Website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
17.4 Content from the Website may not be copied, reproduced, distributed, modified, published, uploaded, posted or transmitted in any way without TPD’s prior written consent.
17.5 Modification, distribution, or use of the content contained in the Website for any purposes other than for the Customer’s personal use directly violates TPD’s intellectual property rights. The content contained within this site is copyrighted and protected by world-wide copyright laws and treaty provisions (even if it is not stated to be so protected) and is provided for lawful purposes only.
18. CUSTOMER’S INFORMATION AND PRIVACY
19. FORCE MAJEURE
19.1 TPD shall not be liable for any breach under the Terms in the event of force majeure which means any failure or delay in supply or delivery which is caused by strike, industrial dispute, natural disaster, shortage or unavailability of stocks of Products or raw materials, failure of any supplier to supply Products, delay in transit, import restrictions placed on TPD, legislative governmental or other prohibition or restriction placed on TPD, fire, flood, hostilities, commotions or other causes whatsoever (whether similar to the foregoing or not) beyond TPD’s reasonable control.
20.1 Either party may terminate these Terms with immediate effect if the other party:
(a) Is in breach of these Terms; and/or
(b) Becomes insolvent, fails to pay its debts as they fall due, ceases to carry on business or a resolution is passed or proceedings have commenced to have the party wound up or a receiver, statutory manager, liquidator or any other administrator is appointed in respect of the party or any of its assets.
20.2 Without prejudice to TPD’s other rights and remedies, in the event of termination of these Terms pursuant to clause 20.1 the Customer shall pay TPD immediately all amounts due and owing by the Customer to TPD.
21. DISPUTE RESOLUTION
21.1 If any dispute arises in connection with these Terms, the parties shall within 5 working days of a written request from one party to the other, meet in a good faith effort to resolve the dispute.
21.2 If the dispute is not resolved at that meeting, the parties will attempt to settle it by mediation. To initiate the mediation a party must give notice in writing (“ADR notice“) to the other party to the dispute requesting mediation. The mediation will start not later than 20 working days after the date of the ADR notice.
21.3 No party may commence any court proceedings in relation to any dispute arising out of these Terms until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation.
21.4 Nothing in this clause will prevent a party from obtaining urgent interlocutory relief in respect of a breach or suspected breach of these Terms.
22.1 The Terms shall be governed by and construed in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.
22.2 Except where otherwise agreed in writing, the Terms set out the entire agreement and understanding between the parties in relation to the subject matter of the Terms and merges all prior discussions between them and neither of the parties will be bound by any conditions, warranties or representations regarding the subject matter of the Terms other than as expressly provided in the Terms.
22.3 Notices in writing must be addressed to the other party and delivered by hand or by receipted delivery system.
22.4 Any waiver or failure to execute any rights by TPD shall not be deemed to be a waiver of any further or other right of TPD in respect of the Customer. No waiver is effective unless it is in writing.
22.5 No party may assign its rights or obligations under these Terms without the other party’s consent.
22.6 The headings to the clauses of these Terms are for ease of reference only and will not affect the interpretation or construction of these Terms.
22.7 Each and every covenant, obligation or restriction in the Terms and each part of them is deemed a severable and independent covenant, obligation and restriction. In the event of the invalidity of any covenant, obligation and restriction of the Terms such invalidity will not affect the enforceability of any other covenant, obligation and restriction of the Terms.