Website Terms and Conditions
1. GENERAL
1.1 Definitions
1. "Customer" means you and all other persons who purchase the products under
your website account, and, as the context requires, includes any person browsing
Woofles On Line Shop and website who is not registered to use Woofles online shop
2. "Delivery Point" means an area outside 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. "GST" means goods and services tax chargeable in accordance with the Goods
and Services Tax Act 1985.
5. "Login" means a Customer's personal email address and password used to access
Woofles online 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 Woofles online Shop
8. "Woofles" means Gourmet Petfood Kitchen Limited, trading as Woofles Gourmet
Petfood Kitchen, which is the seller of the Products, and includes all staff, designated
agents, directors and shareholders of that company
9. "Woofles online shop" means this internet site owned by Gourmet Petfood
Kitchen Limited, being a medium by which Products are offered for sale online by
Woofles to the Customer.
1.2 Use of Woofles online shop subject to terms and conditions
Your access to, and use of, Woofles online shop is subject to the following terms
and conditions. By using Woofles online shop you represent that you have read, understood
and accepted these terms and conditions, and agree to be bound by them. Orders placed
through Woofles online shop constitute legal offers to purchase, and are capable
of being accepted by Woofles 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 Woofles discretion to accept registration
Woofles has the absolute discretion to refuse the registration application
of a potential Customer for any reason whatsoever.
1.5 Woofles discretion to accept orders
Woofles has the absolute discretion as to whether an order placed on its website
is accepted and fulfilled. Woofles may cancel an order for any reason whatsoever.
1.6 Registration and access costs
No costs are payable to register to use Woofles online shop, but Customers are responsible
for any costs incurred in using Woofles online shop, including any charges imposed
by their internet service provider.
1.7 Suspension or termination
Woofles online shop may, at its absolute discretion, suspend or terminate the ability
of any Customer to purchase Products through Woofles online 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 on a Thursday, any time on a friday,
during the weekend, or on a public holiday, shall not be accepted by Woofles online
shop immediately but shall be deemed to have been accepted by Woofles 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 Woofles online
shop for the purpose of resale.
1.11 Security of information
Woofles online shop shall use its reasonable endeavours to prevent any unauthorised
entry into Woofles website. However, no member of Woofles will be liable for any
direct or indirect damage or loss whatsoever if any third party gains unauthorised
access.
1.12 Site content
While Woofles has endeavoured to ensure that the information provided on Woofles
website and online shop is free from error, no member of Woofles warrants its accuracy,
adequacy or completeness, and no member of Woofles shall be responsible or liable
for any error in, or omission from, the information provided on Woofles website
and online shop.
We reserve the right to make changes to the information provided on Woofles website
and online shop at any time and without notice.
1.13 Use of the site
The Customer agrees not to use Woofles website and online shop for any purpose that
is unlawful or prohibited by these terms and conditions. Customers may download
the information on Woofles website and online shop for their own personal use but
otherwise neither Woofles website or online shop, nor any material on it, may be
altered, modified, reproduced, transmitted or distributed without Woofles' prior
written consent. The Customer agrees that it will not interfere with any other party's
use and enjoyment of Woofles website and online shop, or damage the operation of
Woofles website and online shop, or Woofles' systems or those of other persons who
use Woofles website and online shop, whether by way of a virus, corrupted file,
any other software or program, or otherwise.
2. PRICE
2.1 Pricing
The Customer shall pay Woofles 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 Woofles online shop may not necessarily be the
same as the prices and specials available from Woofles Stockists or instore at Woofles
Retail Outlets. Any prices and specials available in Woofles online shop will only
apply to Products purchased through Woofles online shop if those prices or specials
are specifically displayed on Woofles online shop, and vice versa.
Woofles online shop may vary the prices of the Products at any time without notice.
2.2 Currency
The prices of Products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax
3. PRODUCT AVAILABILITY, RANGE, SUBSTITUTION AND QUALITY
3.1 Product availability
Every effort will be made to fulfil orders placed with Woofles online shop, but
no member of Woofles shall be liable to any person if Woofles is unable to or declines
to supply a Product for any reason whatsoever.
Woofles 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.
Woofles online shop may delay dispatch of orders that exceed reasonable household
quantities due to stock availability.
3.2 Product substitution
If Woofles online shop is unable to or declines to supply a Product ordered by a
Customer, Woofles online shop may substitute a similar Product of equal or higher
value. In this situation the Customer will be notified and given the option to either
accept the substitution or alter the order and the price payable by the Customer
for that order will be adjusted accordingly.
If Woofles online shop cannot make a substitution on this basis, Woofles 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.
Woofles online shop reserves the right to refuse to substitute any particular Product
for any reason whatsoever.
3.3 Product quality
If Woofles online shop agrees that a Product was delivered to a Customer in a damaged
or spoiled condition, other than defrosting occurred during transit, Woofles 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) excluding
freight costs.
3.4 Product labelling information
All products are sold in compliance with the labelling provisions of the New Zealand
Food Code, Woofles ingredients information and feeding guides are available on the
Woofles website.
4. PAYMENT
4.1 Method of Payment
Customers must pay Woofles online shop for the Products purchased. Woofles online
shop accepts payment by Credit Card, Bank Deposit, Cheque (by prior arrangment only),
or Cash/EFTPOS if the Customer is picking up their order. Some vouchers may also
be used as payment or part payment by prior arrangement.
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.
Woofles reserves the right to refuse to accept payment from any particular Customer
by credit card for any reason whatsoever.
4.3 Adjustments
If a Customer is invoiced an incorrect amount for any Product ordered, Woofles 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
Woofles 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. DELIVERY
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 Woofles 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 Woofles 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.
Woofles 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 Woofles
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
by the courier, or a card left to make alternative arrangements. Woofles 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 Woofles 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 Woofles will not be responsible.
5.3 Change of address
The Customer shall notify Woofles (09 238 7488 within New Zealand) immediately of
a change to its delivery address, or you can update delivery details by logging
into your Customer account.
5.4 Delays to delivery
Notwithstanding any other term, no member of Woofles shall be liable for failure
to deliver on a timely basis, whether the delay has been due to causes beyond the
control of Woofles or otherwise.
If Woofles considers that the delivery of a Customer's order is likely to be substantially
delayed, Woofles 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. If the courier requires a signature and the Customer is not available
to sign for receipt, the goods may be retained by the courier and a card left for
the Customer to arrange a suitable delivery 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 Woofles 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). Any additional freight costs will be the
Customer's responsibility.
If a Customer chooses to reject an incorrectly-delivered Product in accordance with
sub-clause (b), Woofles reserves the right to request the customer freights the
incorrectly-delivered Product back to Woofles. If the Customer is unable, or refuses,
to deliver up the Product when requested, Woofles 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, Woofles 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 Woofles may cancel
the order for that Product) (in each case without incurring any cancellation fee),
and Woofles 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 Woofles has
commenced packing the order by contacting Woofles (09 238 7488) . If the Customer
wishes to cancel the order after the order has been packed, the customer may incur
a variation / cancellation / restocking fee of $10
7. PROPERTY/RISK
7.1 Products
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 Woofles for any spoiled
or perished goods after delivery.
7.2 Login
The Customer shall keep their Login details safe and confidential at all times.
8. WARRANTIES
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 Woofles 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 Woofles 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
9.1Product liability
The liability of Woofles 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 Woofles' 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 Woofles 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, Woofles website and online shop, or the delivery or
failure to deliver any Products.
9.3 Indemnity
Notwithstanding any other term, the Customer agrees to indemnify each member of
Woofles against all liabilities, losses, claims and expenses suffered or incurred
by that member, and all claims and demands made against any member of Woofles, arising
directly or indirectly out of the Customer's use of Woofles website and online shop,
any breach of these terms and conditions, or the delivery or failure to deliver
any Products.
10.INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems,
written, graphic and other material relating to Woofles website and online shop
and its contents is owned by, and shall at all times remain the exclusive property
of, Woofles, its licensors and the providers of any other products and services
accessible through Woofles website and 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 Woofles 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 Woofles) Woofles shall be excused from such performance to
the extent of such prevention.
12.PRIVACY ACT
12.1 Collection of information
Woofles website and online shop contains applications which collect personal information
about the Customer. Woofles 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 Woofles website and online shop the Customer authorises Woofles 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 Woofles may have against the Customer in
any manner that Woofles sees fit;
(e) sending the Customer any advertising or promotional material; and
(f) enhancing Woofles website and online shop so that Woofles may offer you a better,
more personalised and tailored service.
(g) Woofles employees.
12.2 Woofles website and online shop use of cookies
Woofles website and 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 Woofles website and 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
Woofles website and 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 Woofles to registered users may include code that measures
e-mail response and click through activity.
12.4 Information retained by Woofles
Any personal information supplied by the Customer may be retained by Woofles until
such time as the Customer requests that the information be removed.
12.5 Disclosure
Any personal information supplied by the Customer and retained by Woofles will only
be disclosed to other persons or body corporate engaged by Woofles for or in relation
to any of the purposes listed in clause 12.1 above.
Woofles 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
Woofles 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 Woofles endeavours to keep the Customer's personal information collected on
Woofles website and online shop secure and confidential, no member of Woofles shall
be responsible for any breach of security caused by third parties, nor represents
that Woofles website and 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 Woofles.
Access to a Customer's personal information held by Woofles is available to the
Customer in the "My Account" area of Woofles website and online shop.
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 Woofles. Woofles 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.wooflespetfood.co.nz or www.gourmetpetfood.co.nz.
14.2 Hyperlinks
The Customer agrees that it will not create a hyperlink to Woofles website and online
shop without Woofles' express written permission. If a Customer does create a hyperlink
to Woofles website and online shop, that Customer is responsible for all losses
any member of the Woofles may suffer as a result of that link, whether direct or
indirect. Linking to Woofles website and online shop is at the Customer's own risk.
15.VARIATION OF TERMS AND CONDITIONS
From time to time Woofles may vary these terms and conditions without notice. Please
check these terms and conditions periodically for changes. Your continued use of
Woofles website and 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 Woofles website and online shop and these terms and conditions.