Terms and Conditions of Sale

1. Introduction
1.1 These terms and conditions apply to your use of this website, which is operated by or on behalf of VetPartners New Zealand Limited or its Related Companies (as defined in section 3 of the Companies Act 1993) (“we, us, our”).
1.2 To contact us, please email shop@bestforpet.co.nz.

2. By using our Site you accept these terms
By using this website (“Site”), you confirm that you accept these terms and conditions (“terms”) and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.

3. We may make changes to these terms
3.1 We may amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
3.2 These terms were most recently updated on 11 July 2022.

4. We may make changes to our Site
We may update and change our Site from time to time to reflect changes to our products, services, our users' needs, changes in law and our business priorities. 

5. We may suspend or withdraw our Site
We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

6. Eligibility to use our Site
Our Site is directed to users who are at least 18 years old and are residing in and using this Site within New Zealand. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing or using our Site. We do not represent that content available on or through our Site is appropriate for use or available in locations other than New Zealand. If you access our Site from outside New Zealand, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

7. You must keep your account details safe
7.1 If you create an account when purchasing products, and are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
7.2 We have the right to disable your account and any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these terms.
7.3 If you know or suspect that anyone other than you knows your username or password, you must promptly notify us by email or telephone.

8. How you may use material on our Site
8.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.
8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
8.5 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6 If you print off, copy or download any part of our Site in breach of these terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8.7 You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.

9. Do not rely on information on this Site
9.1 This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
9.2 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You should speak to your vet for personalised professional advice in relation to your pet. 
9.3 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

10. We are not responsible for websites we link to
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

11. Limitation of liability
11.1 In no event will we, our Related Companies or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or products obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.2 Nothing in this clause 11 affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Consumer Guarantees Act 1993 (“New Zealand Consumer Laws”).
11.3 You agree to defend, indemnify and hold us, our Related Companies, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable solicitor’s fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to your use of any information obtained from the Site, any use of the Site’s content other than as expressly authorised in these terms, or your use of any services or products purchased from the Site.

12. We are not responsible for viruses
We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

13. Prohibited uses
You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

• in any way that violates any applicable federal, state, local or international law or regulations;
• to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
• to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

• use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real-time activities through the Site;
• use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
• use any automatic or manual process to reverse engineer or decompile any part of the Site;
• use any device, software or routine that interferes with the proper working of the Site;
• introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Site.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

14. Ordering and Cancellation 
14.1 You agree that your order is an offer to buy, under these terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
14.2 You can request to cancel or change your order within one hour of the order being placed. Upon receipt of the request, we will attempt to cancel or change your order however, we cannot guarantee this will be possible, as order packing and dispatch may already have taken place via the supplier.

15. Pricing and Payment Terms
15.1 Prices posted on this Site may be different than prices offered at our veterinary clinics. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include GST or charges for shipping and handling. All such amounts will be added to your total at checkout and will be itemised in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
15.2 Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, Google Pay and Apple for all purchases. You represent and warrant that
(i) the payment information you supply to us is true, correct and complete,
(ii) you are duly authorised to use such payment method for the purchase,
(iii) charges incurred by you will be honoured, and
(iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 

16. Shipment and Delivery
16.1 We will arrange for shipment of the products to you directly from the supplier within 3 business days of receiving your order. 
16.2 Orders will be shipped via New Zealand Couriers, which we estimate will take 1-2 business days for urban deliveries and 1 to 3 business days for rural delivery from the date the order is shipped by the supplier. 
16.3 You will pay all shipping and handling charges specified during the ordering process. 
16.4 Title and risk of loss in the products pass to you upon delivery. 
16.5 Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment and delivery.
16.6 If for any reason, a product is not in-stock you will be contacted as soon as possible to advise you of any delay in delivering the product. 

17. Returns for Change of Mind
17.1 Except for any products designated on the Site as final sale or non-returnable, we may accept a return of the products due to change of mind, for a refund, exchange, or credit note, provided you submit a request to us via email and subsequently return the product to us unopened and in its original condition, within 30 days of placing your order. We cannot guarantee that a return will be possible after this time. When returning the product, you must include a valid proof of purchase. 
17.2 If you would like to exchange your item, please let us know and we will confirm if the alternative item is available or not. If you have ordered the wrong product, contact us and we will see what we can do.
17.3 You are responsible for all shipping and handling charges on items returned due to change of mind. You bear the risk of loss during shipment for returns. 
17.4 For returns of damaged, lost or defective products, please refer to the Damaged, Lost and Defective Products section below 

18. Damaged, Lost or Defective Products
18.1 If you suspect your product has been damaged in transit, please do not throw away the parcel or cover in which the product came as. Do not sign for the parcel from the courier company. Please contact us within 48 hours of receiving your order and we will organise via the supplier, the return of the product for inspection at the supplier’s cost. If the supplier agrees that the product was damaged in transit, we will endeavour to have them send you an identical replacement product, or if a replacement is not available, we may offer you a credit note or refund, and will do so within a reasonable time.
18.2 You must return a product that is damaged pursuant to clause 18.1 or notify us of any lost or incomplete deliveries within 10 days of receiving your order so that we can arrange the inspection of the product or lay a claim can be made against the carrier. Failure to do so may result in the claim being declined.
18.3 If you receive a defective product, please contact us within 7 days of receiving your order and we will organise via the supplier the return of the product for inspection at the supplier’s cost. If the supplier agrees that the product is defective and unlikely to have occurred through abnormal use, we will endeavour to have them send you an identical replacement product, or if a replacement is not available, we may offer you a repair, credit note or refund, and will do so within a reasonable time. 
18.4 You must return a product that is defective pursuant to clause 18.3, so that we can arrange the inspection of the product or a claim can be made against the supplier or the manufacturer (whichever is appropriate). Failure to do so may result in the claim being declined.
18.5 In some circumstances, the product may be sent to the manufacturer or their repair agent to determine the issue and its resolution. When the product is sent to the manufacturer or their agent, we will ask them to assess the product and provide their assessment within a reasonable timeframe. 
18.6 Subject to New Zealand Consumer Laws, we reserve the right to decide in our sole discretion whether we will accept the return of any products for replacement, repair, credit or refund. We will not accept return of any product that has been tampered with, where the damage has resulted from misuse or incorrect storage by you or where the product is expressly sold on a non-returnable basis and is returned due to change of mind. Where returned product is not accepted, we will return it to you at your expense. Receipt by us of returned product does not constitute acceptance for any purposes.

19. New Zealand Consumer Laws
19.1 There are certain guarantees for the products we sell that cannot be excluded under the New Zealand Consumer Law. The Consumer Guarantees Act says that products should:
(a)    be of acceptable quality;
(b)    be fit for a particular purpose;
(c)    arrive on time and in good condition;
(d)    match the description, sample or demonstration.
If there is a fault with the product, there are options available to you.
19.2 If there is a minor fault, we can choose to replace or repair the item, or give you a refund within a reasonable time. 
19.3 If there is a substantial fault and the item cannot be fixed, you can ask for a refund.
19.4 Under New Zealand Consumer Laws, you are generally responsible for returning the product unless doing so is particularly difficult or expensive however, as per clause 18 of these terms we will arrange this for you.. 

20. General
20.1 You represent and warrant that you are buying products from our Site for your own (or your pets own) personal or household use only, and not for resale or export. 
20.2 We respect your privacy and are committed to protecting it. Our Privacy Policy, https://bestforpet.co.nz/privacy-statement/, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
20.3 We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms, for any failure or delay in our performance under these terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
20.4 No failure to exercise nor any delay in exercising by us of any right, power, privilege or remedy under these terms will impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these terms will prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
20.5 Any clause or provision of these terms held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a clause or provision as required by this clause, part or all of the provision or clause of these terms will be severed from these terms and the remaining clauses or provisions continue in force.
20.6 These terms are governed by the laws of New Zealand. You are deemed to submit to the non-exclusive jurisdiction of the courts of New Zealand. 
20.7 Additional terms and conditions may also apply to specific portions, services, products or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.
 

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Subscription Orders Terms and Conditions

When you subscribe for a recurring product delivery (a Subscription Order), you accept the following terms and conditions with VetPartners New Zealand Limited (“Best for Pet”).

Product Selection and Order Frequency

• You are registering to receive an order for the product(s) selected as a Subscription Order at the frequency selected by you at the time of purchase.
• To alter the frequency of your order, you will need to cancel your existing Subscription Order and create a new one.

Your Customer Account and Payment Authorisation

• When you purchase products as a Subscription Order, you will register a customer account with Best for Pet. Your delivery details, billing details and selected payment method will be recorded against your account.
• You can update your payment details for your Subscription Order(s) at any time by logging into your subscription account, going to payment methods, and adding or removing as required.
• If a payment for a Subscription Order is not able to be processed due to insufficient funds or card error then Best for Pet will be unable to fulfil the Subscription Order and will advise you as soon as possible to discuss alternative payment methods and an amended delivery date.
• You are authorising Best for Pet to charge your selected payment method at the frequency selected by you, as well as the amount of the charge nominated in your order notification.
• The total amount charged to your payment method for each Subscription Order will be the price of the good(s), minus relevant product discounts if applicable, plus applicable shipping charges, any merchant or transaction fees and GST.
• In the case where two or more different subscription frequencies are contained in a single initial order, future orders will be split into the number of relevant orders and the full shipping cost as per the initial order will be applied to each individual delivery.
• Your Subscription Orders are personal to you, and you may not assign or transfer your Subscription Order(s) or any of the benefits to any third party without Best for Pet’s authorisation.

Subscription Order Benefits

• Best for Pet may offer discounts on some subscription order products. These discounts are in lieu of and replace any other loyalty scheme offered by Best for Pet on behalf of manufacturers and suppliers of those products.
• Best for Pet reserves the right to alter Subscription Order benefits at their discretion, however, will not alter the price of the products for your order as subscribed.

Subscription Order Stock Availability

• Subscription Orders will be shipped while stock is available. Where stock is not available, the Subscription Order will fail, you will not be billed and you will be contacted regarding an alternative solution.

Subscription Order Notifications

• You will receive a confirmation of your first Subscription Order immediately, and your order will be fulfilled. You will be notified 1-2 days in advance of the shipment of subsequent Subscription Orders, with an opportunity to cancel your order if your Subscription Order is no longer required. If you do not wish to receive that order, you must cancel the order before it has been shipped.

Subscription Order Cancellation

• Your subscription will remain active until it is cancelled by you. This can be completed any time within the Subscriptions area of your customer account settings.
• Best for Pet may cancel your subscription(s) at any time without notice. If we do, you will only be charged for orders that have been shipped to you and you will be refunded any payments made in advance for orders that have not been dispatched from Best for Pet for shipment to you.

Other Terms

Best for Pet’s Standard Terms and Conditions of Sale, including refund and returns policies (available at  shop@bestforpet.co.nz) also apply to Subscription Orders.