"The Legal Bit"
All the Products sold via the Petworld Ltd Online Site are sold subject to the following terms and conditions.
- 1.1 Customer
means you and all other persons who purchase the products while you are connected to the site.
- 1.2 GST
means goods and services tax at the current rate.
- 1.3 Goods
means all the goods for sale on Petworld Ltd Online site.
- 1.4 Petworld Ltd
means Petworld Ltd who is the seller of the products for sale via Petworld Ltd Online Site.
- 1.5 Web site
is owned by Petworld Ltd
- 2.1 General
Petworld Ltd will take all reasonable precautions to ensure that there is no unauthorised access to this site. Petworld Ltd shall not be liable for any claims or damages however arising from any unauthorised access.
- 3.1 General
Prices displayed for goods are correct at the time of publication and are valid only for purchases made through this site.
Prices as displayed may differ to those available in the Petworld Ltd store. Where the price differs from that available at a Petworld Ltd store the price as displayed on this site will be the price of any item purchased from this site.
- 3.2 Store Pricing
Pricing offers displayed on this site that refer to goods offered for sale in the Petworld Ltd store are only valid for the dates displayed within the offer or while stock is available in store.
- 3.3 Currency
All prices are displayed in New Zealand dollars.
- 3.4 Prices inclusive of GST
For all good sold within New Zealand, all prices are inclusive of GST.
- 3.5 Adjustment to Price
Petworld Ltd reserve the right to alter prices at any time and for any reason. Where there is an adjustment to the price after an order has been placed by the Customer the Customer will be notified of the change. Where the change results in an increase in the price the Customer will be given the option to cancel the purchase or continue the transaction at the adjusted price. Where the change results in a decrease in the price the Customer will be advised of the change.
- 3.6 Variation of Order and Price
If a Customer requests a variation to an order, which is accepted by Petworld Ltd the price payable for the order will be adjusted to reflect the variation.
4.0 Product range and availability
- 4.1 Product Availability
Every effort will be made to fulfil any order placed, however Petworld Ltd shall not be liable to any person should we be unable or refuse to supply the good(s) ordered for any reason whatsoever.
No back orders will be accepted for any special or promotionally priced items that are unavailable at the time the order is placed.
- 5.1 Payment
The Customer shall make full payment for any on line order by credit card, Direct Credit or Cheque.
- 6.1 Delivery/ Freight Charges
Prices listed for products do not include the cost of freight. This is added on the sale when order is made via actual contact between Petworld Ltd and the customer.
- 6.2 Goods not Delivered until Payment Received in Full
Goods will not be delivered to a Customer until payment for the order has been received in full. This will only be following confirmation by our bank that payment in full has been accepted. For direct credit payment, this is generally within 24 hours of order acceptance. Credit card payments are done via telephone or direct contact, and if accepted, goods are then shipped.
For cheque this is generally 3-5 working days after receipt of payment
- 6.3 Right to Withhold Delivery
Petworld Ltd may at their sole discretion withhold delivery of all or part of any order for any reason whatsoever.
- 6.4 Delivery
Petworld Ltd shall use its best endeavours to deliver the Goods to the delivery address as specified by the Customer in an acceptable quality and in a timely basis.
Petworld Ltd will not be liable in any way or under any circumstance for any delays in the delivery of the Goods
- 6.5 Delivery Completed
Delivery will be deemed to have been completed when the Goods have been delivered to the delivery address as specified by the Customer.
7.0 Variation/Cancellation of order
- 7.1 Variation or Cancellation of Order
The customer may vary or cancel the order in accordance with clause 9.1.
- 8.1 General
Property and risk in the goods shall pass to the Customer upon delivery to the Customer's delivery address as specified in clause 6.3.
9.0 Returns of products/refunds
- 9.1 Right to Return
Customers have a right to return any goods because they are faulty.
- 9.2 Conditions of Return The following conditions apply to any return of goods.
- 9.2.1 . Where goods are being returned due to a fault they must not be damaged any further.
- 9.2.2Customers will need to provide proof of purchase for any return of goods. (gst receipt)
- 9.2.3 Where a return is due to a shipping mistake, fault or damage, Customers have 48 hours from the date of receipt of goods to contact Petworld Ltd and arrange for return.
EXCHANGES: Right to exchange goods
If the product is faulty or not suitable you may exchange it for a more suitable product.
- 9.2.4 Goods that are exchanged, must be to the same value or more as the product that was originally purchased.
- 9.2.5 Goods exchanged due to a change of mind must be in original condition with packaging intact and not be opened or damaged in any way ,
- 9.3 Delivery Costs for Returns
- 9.3.1 If an exchange is made for reasons wholly due to the Customer, any delivery costs to return those goods to Petworld Ltd will be the responsibility of the Customer.
- 9.3.2 If a return is made due to a shipping mistake, fault or damage, any delivery costs to return those goods to Petworld Ltd will be the responsibility of Petworld Ltd. Where the Customer has incurred any delivery costs in returning those goods Petworld Ltd will refund the Customer upon receipt of a suitable invoice and/or receipt for such delivery costs.
- 9.3.3 Any costs incurred by a Customer and to be refunded by Petworld Ltd must be reasonable. Reasonable is defined as the costs that would normally be expected to be paid to return goods using readily available postage cartage services.
- 10.1 Warranties
- 10.1.1 Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative is authorised to make any warranties, representations or unauthorised warranties, representations or statements.
- 10.1.2 The Customer shall ensure that the Goods are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Goods.
- 10.1.3 The Customer expressly acknowledges and agrees that Petworld Ltd accepts no obligation or liability for any advice given and all such Goods are accepted by the Customer entirely at the customers risk.
- 10.2 Guarantees
Some Goods (Products within reason) supplied come with a 6-month guarantee of quality from the date of receipt of those goods by the Customer. Where goods are deemed to be faulty Petworld Ltd may at their sole discretion either repair or replace the item. Where Petworld Ltd decides to replace the item it will endeavour to replace the item with an identical item. Where an identical item cannot be supplied Petworld Ltd will provide an item of similar quality or issue a store credit in exchange. Where an item of similar quality is provided there will be no adjustment to the purchase price of the original product.
- 10.3 Consumer Guarantees Act
The customer acknowledges that where the goods are ordered for business purposes (as defined in the Consumer Guarantees Act 1993) ("CGA") the provisions of the CGA shall not apply to any goods purchased from this site.
- 11.1 Product Liability
Any liability that may arise whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the goods supplied or any other breach of obligations hereunder shall not exceed an amount equal to the price paid by the Customer for those goods.
- 11.2 No liability for Indirect Loss
Petworld Ltd shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Petworld Ltd be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons.
12.0 Force majeure
- If the service capacity of Petworld Ltd relating to any of its obligations under the Terms and Conditions of this site is prevented by reason of "force majeure" (including without limitation fire, flood, injury, sickness, accident, natural disaster, act of God or any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage or unavailability of products, delay in transit, electricity or communications failures, or other causes beyond the reasonable control of Petworld Ltd) Petworld Ltd shall be excused from such performance to the extent that such service is prevented by the above conditions.
- 13.1 Collection and use of Personal Information
At times Petworld Ltd, in providing products and services may collect personal information. Examples of this information include contact and delivery details, purchase history and credit card details.
All information collected through purchases will remain confidential and will not be disclosed to any other party without written consent of the owner except where such disclosure is required to complete the transaction required by the Customer.
The information collected will only be used to complete the transaction entered into by the customer and will not be kept after its use.
- 13.2 Security of Information
Petworld Ltd takes all reasonable care to ensure that any personal information remains confidential..
- 13.3 Access to Personal Information
The Customer is aware that under the Privacy Act 1993 they have a right to access personal information related to themselves held by Petworld Ltd and to request correction to the information and to be informed of action taken response to any such request. In addition they may request that there be attached to the information a statement which the customer can supply relating to the fact that the customer has requested a correction. The customer agrees to pay reasonable charges requested by Petworld Ltd in relation to time and attendances involved in complying with the Customer's request in this regard.
14.0 Governing Law and Jurisdiction
- The use of the Petworld website and these Terms and Conditions shall be governed by the laws of New Zealand. Any legal action arising out of its use shall be brought and enforced under the laws of New Zealand shall be within the exclusive jurisdiction of the courts of New Zealand.
15.0 Variation of terms and conditions
Petworld Ltd reserves the right to vary these Terms and Conditions at any time.