The generation and forwarding of an order for product (Product) including payment details by you (the Customer) using the RNZSPCA's merchandise shop constitutes an offer to purchase the Products from RNZSPCA. All orders are subject to acceptance by RNZSPCA, and are otherwise subject to these Terms of Trade.
The display of Products and prices on the RNZSPCA's merchandise shop does not constitute an offer by RNZSPCA to unconditionally supply the Products at displayed prices. All Products and prices shown are indicative only, and are subject to Product availability and price changes.
To the fullest extent permitted by law, RNZSPCA excludes all responsibility or liability for or arising out of any inaccurate or erroneous Product descriptions or pricing which appear on the RNZSPCA's merchandise shop.
RNZSPCA accepts no liability for the Customer's security breaches, unauthorised use of the Customer's credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments.
RNZSPCA will not be responsible for any errors or omissions contained in or on the RNZSPCA's merchandise shop. The Customer relies on the information contained in the RNZSPCA's merchandise shop at its own risk. The information in the RNZSPCA's merchandise shop is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
RNZSPCA reserves the right to make any changes to the information contained in and the layout of the RNZSPCA's merchandise shop, including changes to its Product range, ordering mechanisms and ordering terms.
Except in respect of implied warranties which cannot be excluded by law, RNZSPCA does not make any representation or warranty about the accuracy, suitability for any purpose, or usefulness of the information on and contents of the RNZSPCA's merchandise shop (including information on the Products it supplies).
Except as may be prescribed or implied by law, RNZSPCA shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to the use of the information contained on this website or the Products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.
General Terms and Conditions of Sale
- All Products supplied by RNZSPCA are supplied on these General Terms and Conditions of Sale, the Terms of Trade, and may also subject to additional terms and conditions of sale.
- No order shall be binding on RNZSPCA until accepted by RNZSPCA. An individual contract for the supply of Products, on these Terms of Trade, is formed on acceptance by RNZSPCA of an order from the Customer. RNZSPCA reserves the right to accept any order in whole or in part. Where RNZSPCA makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by RNZSPCA.
- All orders must be paid for via valid credit card at the time of order placement.
- Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to RNZSPCA. Risk in the Products will pass on delivery to the Customer.
- RNZSPCA reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so.
- Any Products which are damaged or defective, delivered after their "use by" or "best before" date, or which are not otherwise in accordance with the Customer's order, may be returned to RNZSPCA within 14 days of invoice date, at no cost to the Customer.
- Except as required by law RNZSPCA gives no express warranty in relation to Products supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of RNZSPCA. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of RNZSPCA under or arising out of the supply of Products for breach of any term, condition or warranty implied in or imposed upon the supply of Products by legislation, shall be limited, at the option of RNZSPCA to:
(a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) If the breach or liability relates to services;
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Except as expressly provided above, RNZSPCA shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by RNZSPCA or the failure of RNZSPCA to comply with these Terms of Trade. Nothing in these Terms of Trade is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993.
- RNZSPCA reserves the right to recover from the Customer all goods and services tax (GST) payable in respect of the supply of Products to the Customer.
- These Terms of Trade are governed by and will be construed in accordance with the laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the New Zealand courts.
- The failure by RNZSPCA to exercise, or any delay in exercising, any right, power or privilege available to it under these Terms of Trade will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.
- Orders will be dispatched within 14 working days following receipt of order and payment. All Customers will be charged a postage and handling fee which will appear at the time of placing the order.