K9 Natural On Line Shop Terms and Conditions
1. "Customer" means you and all other persons who purchase the products under your Login, and, as the context requires, includes any person browsing K9 Natural On Line Shop who is not registered to use K9 Natural Shopping.
2. "Delivery Point" means an outside area of the Premises, such as the Customer's front door, or any particular outside area specified by the Customer on a particular Product order form. If the Premises are a multi-level building, the Delivery Point shall be located on the ground floor of such building. For customers who live rural, the delivery point may not be the residence stated.
3. "Fulfilment Fee" means the fee you as the customer must pay to have your order picked, packed and delivered and may also be referred to as "delivery fee".
4. "Tax" means goods and services tax chargeable.
5. "Login" means a Customer's personal email address and password used to access K9 Natural On Line Shop under that Customer's registration.
6. "Premises" means the premises at the address specified by the Customer on their registration application, as amended from time to time.
7. "Products" means the products for sale in K9 Natural On Line Shop
8. "K9 Natural" means K9 Natural Food Limited, which is the seller of the Products, and includes all staff, designated agents, directors and shareholders of that company
9. "K9 Natural On Line Shop" means this Internet site owned by K9 Natural Food Limited, being the medium by which Products are offered for sale online by K9 Natural to the Customer.
1.2 Use of K9 Natural On Line Shop subject to terms and conditions
Your access to, and use of, K9 Natural On Line Shopping is subject to the following terms and conditions. By using K9 Natural On Line Shop you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through K9 Natural On Line Shop constitute legal offers to purchase, and are capable of being accepted by K9 Natural without any further reference to the Customer.
1.3 Terms and conditions to prevail
These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Shop Policies.
1.4 K9 Natural discretion to accept registration
K9 Natural has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 K9 Natural discretion to accept orders
K9 Natural has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. K9 Natural may cancel an order for any reason whatsoever.
1.6 Registration and access costs
No costs are payable to register to use K9 Natural On Line Shop, but Customers are responsible for any costs incurred in using K9 Natural On Line Shop, including any charges imposed by their Internet service provider.
1.7 Suspension or termination
K9 Natural On Line Shop may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through K9 Natural On Line Shop for any reason whatsoever.
1.8 Customer liable for every order
Customers are liable for every order made under their Login.
1.9 Trading hours
An order submitted by a Customer after 12 noon the day before a weekend or public holiday shall not be accepted by K9 Natural On Line Shop immediately but shall be deemed to have been accepted by K9 Natural on the day following the weekend or public holiday (as the case may be).
1.10 Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through K9 Natural On Line Shop for the purpose of resale.
1.11 Security of information
K9 Natural On Line Shop shall use its reasonable endeavours to prevent any unauthorised entry into K9 Natural On Line Shop. However, no member of K9 Natural will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
1.12 Site content
While K9 Natural has endeavoured to ensure that the information provided on K9 Natural On Line Shop is free from error, no member of K9 Natural warrants its accuracy, adequacy or completeness, and no member of K9 Natural shall be responsible or liable for any error in, or omission from, the information provided on K9 Natural On Line Shop.
We reserve the right to make changes to the information provided on K9 Natural On Line Shop at any time and without notice.
1.13 Use of the site
The Customer agrees not to use K9 Natural On Line Shop for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on K9 Natural On Line Shop for their own personal use but otherwise neither K9 Natural On Line Shop, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without K9 Natural's prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of K9 Natural On Line Shop, or damage the operation of K9 Natural On Line Shop, or K9 Naturals' systems or those of other persons who use K9 Natural On Line Shop, whether by way of a virus, corrupted file, any other software or program, or otherwise.
The Customer shall pay K9 Natural for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.
Prices and specials available on K9 Natural On Line Shop may not necessarily be the same as the prices and specials available from K9 Natural Authorised Stockists. Any prices and specials available in K9 Natural On Line Shop will only apply to Products purchased through K9 Natural On Line Shop if those prices or specials are specifically displayed on K9 Natural On Line Shop, and vice versa.
K9 Natural On Line Shop may vary the prices of the Products at any time without notice.
The prices of Products are displayed in US Dollars.
Product prices displayed do not include tax. If any tax is applicable to your order this will be clearly shown during the checkout process.
3. PRODUCT AVAILABILITY, RANGE, SUBSTITUTION AND QUALITY
3.1 Product availability
Every effort will be made to fulfil orders placed with K9 Natural Online Shop, but no member of K9 Natural shall be liable to any person if K9 Natural is unable to or declines to supply a Product for any reason whatsoever.
K9 Natural Online Shop reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
K9 Natural Online Shop may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
3.2 Product substitution
If K9 Natural Online Shop is unable to or declines to supply a Product ordered by a Customer, K9 Natural Online Shop may substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.
If K9 Natural Online Shop cannot make a substitution on this basis, K9 Natural Online Shop may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.
K9 Natural Online Shop reserves the right to refuse to substitute any particular Product for any reason whatsoever.
3.3 Product quality
If K9 Natural Online Shop agrees that a Product was delivered to a Customer in a damaged or spoiled condition, K9 Natural Online Shop shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered).
3.4 Product labelling information
All products are sold in compliance with the labelling provisions of the New Zealand Food Code, K9 ingredients information and feeding guides are available on the K9 website.
4.1Method of Payment
Customers must pay K9 Natural Online Shop for the Products purchased by credit card. K9 Natural Online Shop does not accept EFTPOS, cash, cheque, voucher or any other form of payment.
4.2 Payment by credit card
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made.
K9 Natural reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Product ordered, K9 Natural shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.4 Change to payment policy
K9 Natural may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.
5.1 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, no member of K9 Natural shall be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies each member of K9 Natural for any direct or indirect damage or loss (including in negligence) that that member incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
K9 Natural shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on behalf of the Customer.
5.2 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to K9 Natural couriers, and that it is safe for those couriers to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible for example due to dogs being loose, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. K9 Natural reserves the right to charge Customers an additional fulfilment fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to K9 Natural are not reached, the Customer will be deemed to have cancelled the order and may incur a Cancellation Fee. If the goods perish due to none delivery under this clause K9 Natural will not be responsible.
5.3 Change of address
The Customer shall notify K9 Natural (+64 3 342 6380) immediately of a change to its delivery address.
5.4 Delays to delivery
Notwithstanding any other term, no member of K9 Natural shall be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of K9 Natural or otherwise.
If K9 Natural considers that the delivery of a Customer's order is likely to be substantially delayed, K9 Natural may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
5.5 Delivery deemed to have taken place
If no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
5.6 Incorrectly or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case K9 Natural will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), K9 Natural reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to deliver up the Product when requested, K9 Natural reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, K9 will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock K9 Natural may cancel the order for that Product) (in each case without incurring any cancellation fee), and K9 Natural will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted in accordance with clause 3.2.
6.VARIATION/CANCELLATION OF ORDER
6.1Variation/cancellation of order
The Customer may vary or cancel the order up to the point in time that K9 Natural has commenced packing the order by contacting K9 Natural (+64 3 342 6380) . If the Customer wishes to cancel the order after the order has been packed, the customer may incur a variation / cancellation fee of $35
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point. No liability will be accepted on behalf of K9 Natural for any spoiled or perished goods after delivery.
The Customer shall keep their Login details safe and confidential at all times.
All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of K9 Natural other than the express provisions of these terms and conditions. The Customer shall ensure that the Products 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 Products. The Customer expressly acknowledges and agrees that no member of K9 Natural assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.
9. LIABILITY AND INDEMNITY
The liability of K9 Natural whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of K9 Naturals' obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
9.2 No liability for indirect loss
No member of K9 Natural shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, K9 Natural Online Shop, or the delivery or failure to deliver any Products.
Notwithstanding any other term, the Customer agrees to indemnify each member of K9 Natural against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of K9 Natural, arising directly or indirectly out of the Customer's use of K9 Natural Online Shopping, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to K9 Natural Online Shop and its contents is owned by, and shall at all times remain the exclusive property of, K9 Natural, its licensors and the providers of any other products and services accessible through K9 Natural Online Shop, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of
intellectual property rights to the Customer.
11. FORCE MAJEURE
If the performance by K9 Natural of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of K9 Natural) K9 Natural shall be excused from such performance to the extent of such prevention.
12.1 Collection of information
K9 Natural Online Shop contains applications which collect personal information about the Customer. K9 Natural will only use this information to the extent authorised by the Customer, and will only disclose it in the manner set out below.
In using K9 Natural Online Shop the Customer authorises K9 Natural to collect, retain and use their personal information for the purposes of:
(a) processing the Customer's registration application;
(b) assessing the Customer's credit-worthiness;
(c) undertaking any dealings or transactions with the Customer;
(d) enforcing any legal or other rights K9 Natural may have against the Customer in any manner that K9 Natural sees fit;
(e) sending the Customer any advertising or promotional material; and
(f) enhancing K9 Natural Online Shop so that K9 Natural may offer you a better, more personalised and tailored service.
(g) K9 Natural employees.
K9 Natural Online Shop may use 'cookies'. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use K9 Natural Online Shop you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
12.3 Website Analysis Tools
K9 Natural Online Shop uses an internal counting system to collect information such as the number of visitors per day or the number of pages requested per day. In order for this to occur a small piece of code is placed on each page which counts these statistics.
This non-personal information gained is aggregated by our online system and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers.
Emails sent on behalf of K9 Natural Online Shop to registered shoppers may include code that measures e-mail response and click through activity.
12.4 Information retained by K9 Natural Online Shop
Any personal information supplied by the Customer may be retained by K9 Natural Online Shop until such time as the Customer requests that the information be removed.
Any personal information supplied by the Customer and retained by K9 Natural will only be disclosed to other persons or body corporate engaged by K9 Natural Online Shop for or in relation to any of the purposes listed in clause 12.1 above.
K9 Natural Online Shop may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
12.6 Storage of personal information
K9 Natural Online Shop has taken steps, from both technical and systems perspectives, to ensure that Customers' information is well protected. However it is important that Customers remember to never share their Login with any other person.
While K9 Natural Online Shop endeavours to keep the Customer's personal information collected on K9 Natural Online Shop secure and confidential, no member of K9 Natural shall be responsible for any breach of security caused by third parties, nor represents that K9 Natural Online Shop is completely secure.
12.7 Customer's rights of access
The Customer has the right under the Privacy Act 1993 to access and update and/or correct their personal information held by K9 Natural Online Shop.
Access to a Customer's personal information held by K9 Natural is available to the Customer in the "Modify Account" area of K9 Natural Online Shopping.
13. CONSUMER GUARANTEES ACT
The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA, and all provisions of these terms and conditions shall be read as modified to the extent necessary to give effect to that intention.
14. LINKS TO AND FROM OTHER WEBSITES
14.1 Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by K9 Natural. K9 Natural does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than www.k9natural.co.nz.
The Customer agrees that it will not create a hyperlink to K9 Natural Online Shop without K9 Naturals' express written permission. If a Customer does create a hyperlink to K9 Natural Online Shop, that Customer is responsible for all losses any member of the K9 Natural may suffer as a result of that link, whether direct or indirect. Linking to K9 Natural Online Shop is at the Customer's own risk.
15.VARIATION OF TERMS AND CONDITIONS
From time to time K9 Natural Online Shop may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of K9 Natural Online Shop after the terms and conditions have been changed indicates your acceptance of those changes.
16. GOVERNING LAW
New Zealand law governs the use of K9 Natural Online Shop and these terms and conditions.