TERMS AND CONDITIONS
By clicking “Add to Cart” means you accept the Terms and Conditions herein
SHIPPING: Postage is additional and charged at checkout. Pick up is available from North Shore Auckland. Items are tracked.
GENERAL SALE TERMS
Orders are not shipped internationally.
Postage incurs additional cost once order and quantity complete.
No exchanges, refunds or returns on sale items.
Prices are GST inclusive.
Please choose sizing carefully as we cannot refund or exchange for any reason other than a faulty product.
WEBSITE TERMS
The Website is owned and operated by DOGlife NZ. You acknowledge that by accessing and using this Website you agree to be bound by the following terms and conditions (Terms). Please read these Terms carefully. If you do not accept these Terms, please refrain from using the Website. We reserve the right to change these Terms at any time. We will notify you of that change by updating the “last updated” notice at the top of this page. By continuing to use the Website, you agree to be bound by the amended terms of use. You should check from time to time to see if the Terms have changed.
1. Intellectual Property
You acknowledge that any content displayed or made available through the Website is our exclusive property or used and /or displayed by us with the express permission of owner. No Content may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.
2. Privacy and Personal Information
Please refer to the Privacy Policy for further conditions relating to your personal information, what we collect and how it may be used. By continuing to use this Website you agree to the terms of such Privacy Policy.
3. Liability
You agree and acknowledge that where the Website sets out Third Party Information, then this Third Party Information is being made available by us as a free service. While we will not knowingly provide incorrect information we may not be able to verify all Third Party Information on the Website and so you should not rely on it without first making your own enquiries. We do not guarantee or certify the accuracy of the Third Party Information. Any reliance on the information is at your own risk.
4. Severability
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
5. Law
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.
6. Contact
If you have any questions or concerns in relation to the Website or these Terms please contact us.
PRIVACY TERMS
Your privacy in your dealings with us is important. As the Internet offers the ability to collect certain types of information, we want you to understand what information we gather, how we use it, and how to correct or change it.
Where a defined term is used in this policy and it is not defined in this policy it will have the meaning given to it in the Website terms of use.
1. Collection of Information
a. We gather various information about customers and users of DOGlife NZ and this Website.
b. This information includes:
i. personal information, provided through voluntary use of the Website (such as your first and last names, physical address, email address, contact details);
ii. personal information, provided to us by you through any other method (including without limitation correspondence and discussions);
iii. information collected by us through click tracking in relation to your use of the Website, including the content you upload and the content you access; and
iv. aggregated data, which tracks traffic to the Website; and cookies, which are pieces of information transferred to your computer hard drive for record keeping (such as your preferences on our Website).
c. Failure to provide necessary personal information when requested may result in certain functions of the Website not being available to you.
2. Use of Information
If you participate in an online activity on the Website, your personal information will only be used for the purposes of that online activity, unless you otherwise provide us with your consent.
a. Any personal information you provide may be used for the following purposes:
i. to obtain feedback on a Product you have ordered;
ii. to contact you as part of the transaction process when placing a Product Order;
iii. to monitor, develop and improve the Website and ensure that content of the Website is presented in the most effective manner for the user;
iv. to keep the Website relevant and of interest to users;
v. to investigate any complaints relating to the misuse of the Website or where the functionality is available to a user who is a Member;
vi. responding to any queries and/or comments you have sent to us;
vii. such other use that you authorise.
b. When making an order we also request credit card or other payment account information which are maintained in encrypted form on secure servers. We do not share this information with any third party except for those companies responsible for processing credit card transactions for us.
c. You will have the option to choose not to allow us to store your credit card or other payment account information by unchecking the “Remember details for next time” checkbox at the time of payment. If you elect not to store your credit card or other payment account information you will need to resubmit this information for each purchase made from the Website.
3. Disclosure of Information
We will only share personal information with other companies or individuals in the following limited circumstances:
a. to provide the third party logistics provider with contact and delivery address details for the purpose of delivering your consignment to your chosen address and processing payment.
b. in our absolute discretion, any information we are required to disclose to satisfy any applicable law, regulation, legal process or government request.
c. to the relevant authorities, any internet search provider that you use to access the Website, and/or the applicable intellectual property rights holders (or their representatives) if we consider you are infringing the intellectual property rights of any person.
4. Cookies and Tracking
We may use a cookie file containing information that can identify the computer you are working from. The cookie file is anonymous as it only gives us details of your IP address, PC platform (e.g. Windows or Mac), Browser (e.g. Internet Explorer, Safari, Firefox or other, plus the version of Browser) and domain (whether you are accessing the Website from within the country or elsewhere). We may use the information generated by “cookies” to:
. track traffic patterns to and from the Website including information like the pages you visit, the time you spend on each page, the date and time of your visit, and referring pages (pages you came from or go to);
i. ensure advertising is being shown to the most appropriate person and limit the frequency of display for certain ad formats; and
a. You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive. You do not need to have cookies turned on to use the Website or any Affiliated Website, but you may need them for customisable areas that we may develop in the future. If your cookies are turned off we will not have any control over the frequency of display of certain ad formats. This could affect your experience of the Website.
5. Content Providers, Advertisers and Partners
Our Website contains links to other sites, which may not follow the same privacy policies as us. We recommend that you check any relevant privacy policies before providing your personal information to any third party.
6. Security
As no data transmission over the Internet can be guaranteed to be completely secure, we cannot ensure or warrant the security of any information you transmit or receive through the Website or any Affiliated Website. These activities are conducted at your own risk.
7. Changes to Policy
We reserve the right to change this policy at any time we will notify users of the existence of a revised policy by updating the “last updated” notice beside the link to this policy. By continuing to use the Website, you agree to be bound by the amended policy. You should check from time to time to see if the policy has changed.
8. Holding, Correcting and Updating
Any personal information that you provide to us will be collected and held by us at our registered offices. Under the Privacy Act 1993 you have rights of access to and correction of personal information that we hold.
a. Although we take reasonable steps to ensure that all data we use is accurate, we depend on our users to update or correct their personal information whenever necessary. We offer the ability for users to correct or change their personal information online at any time and as often as necessary.
b. If you have any questions about how our services work or regarding this statement, contact us.
SALES TERMS
These Terms apply to purchases from DOGlife NZ by clicking “Order now” on the Product Order you agree to be bound by these terms.
1. Intended Meanings for Certain Words
In these Terms, the following words have the meanings set out as follows:
“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.
“Product” means the goods and / or services being offered by us and promoted through the 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 “DOGlife NZ” are a reference to DOGlife NZ.
“Website” means this website doglife.co.nz.
“You” and “your” are a reference to you.
2. Product Order
a. 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.
b. 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.
c. Should we accept your Request, we will acknowledge acceptance of it by sending you an email confirmation.
d. We will endeavour to show any Product displayed on the Website that is unavailable for Delivery (“Out Of Stock Product”) as “Out of Stock”.
e. 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.
f. 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.
3. Price
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.
a. Unless otherwise expressly stated, all amounts specified on the Website are GST inclusive.
b. Prices displayed on the Website are in New Zealand dollars.
c. 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.
4. Payment
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.
a. You acknowledge that additional bank charges may apply to certain transactions.
b. Title to Products shall pass to you on payment in full for the relevant Products.
c. You are liable for all costs associated with any default in payment for any Product Order.
5. Cancellation
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.
a. 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.
b. 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.
c. 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.
6. Refusal of transaction
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.
a. We reserve the right to limit the quantity of Product available to you to order in our sole discretion.
b. You acknowledge and agree that you may not purchase Products from the Website 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.
c. 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.
7. Delivery
Delivery is only available in New Zealand and only to a physical address. We do not deliver to Post office boxes.
a. 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.
b. You acknowledge and agree that:
i. 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;
ii. we will notify you as soon as possible if there is likely to be an expected delay in Delivery;
iii. Delivery to rural addresses may take longer than the time indicated and some delivery options may not be available;
iv. where we accept a Request for Out Of Stock Product, Delivery of that Product will not occur within our usual delivery times; and
v. 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.
c. We shall bear the risk of loss or damage to the Products until Delivery. Risk in the Products shall pass to you on Delivery.
d. 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.
e. 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.
f. 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.
g. 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.
8. Warranties
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.
a. 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;
i. 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 DOGlife NZ for a Product Order.
b. 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.
c. You acknowledge and agree that you will not rely on any representation or statement made on behalf of DOGlife NZ other than the express provisions of these terms and conditions.
d. 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.
9. Returns
If the Product is faulty (Faulty Product), please contact us to discuss the options to repair and/or replace Faulty Product.
10. Force Majeure
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.
11. No Assignment
You may not assign any of your rights or obligations under these Terms without the prior written consent of DOGlife NZ.
12. Severability
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
13. Law
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.
