TERMS AND CONDITIONS

IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS:

The following terminology applies to these website Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements including the Totally Vets Ltd Terms of Trade:

  1. ”Buyer”, "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions
  2. “Totally Vets Ltd”, "The Company", “Seller”, “Ourselves”, “We”, refers to our Company, Totally Vets Ltd.
  3. “Party”, “Parties”, refers to both the Client and ourselves.
  4. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable.

PRODUCT DESCRIPTIONS

Totally Vets Ltd attempts to be as accurate as possible. However, Totally Vets Ltd does not warrant that product descriptions or other content of any Totally Vets Ltd service is accurate, complete, reliable, current, or error-free.

PRICING AND CANCELLATIONS

Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by Totally Vets Ltd is different than our stated price, we reserve the right to cancel or change the order. The Buyer will be contacted in such circumstances and will have the option of cancelling their order should they wish to do so.  We are not obliged to honour the mis-stated price.

Prices quoted for products may be adjusted from time to time, and the Buyer agrees to pay any adjusted price that applies at the time of purchase, e.g. in instances where the cost of goods or taxes change , or in the event of errors or omissions by Totally vets Ltd or its representatives.

The Buyer has the right to cancel an order up until the time that the order has been packaged for shipping, for full refund.  The order can not be cancelled once it has been fully packaged and is awaiting shipping.  

If the Buyer cancels an order pursuant to these terms, non-stock orders for orders below $100 will incur a cancellation fee of $15. Cancellation of non-stock orders for orders above $100 will incur a cancellation fee of 15%.

ENQUIRIES/NON-SALE ITEMS

Some products or services on this website may not be available for sale online but can be purchased through Totally Vets Ltd physical retail outlets. These items are not sold online based on one or more the following criteria:

  • The incorrect use of a product can have detrimental effects on the land, animals or people.
  • The product has specific refrigeration requirements and Totally Vets cannot guarantee it will be refrigerated per specifications for the duration of delivery.
  • The product contains dangerous or hazardous materials which require specific licences or certifications to handle and/or transport.
  • The product contains restricted medicines which require you to have a prescription.
  • The product contains materials which could be used in the manufacture of illegal drugs.
  • The product may need to be accompanied by expert advice to maximize its effectiveness.

Totally Vets Ltd reserves the right to adjust what is deemed appropriate for sale online to the maximum extent permitted by law.

RETURNS

Returns are evaluated by Totally Vets Ltd on the reason for return in line with our obligations under current New Zealand consumer legislation. If the return is accepted, the Buyer will be provided with a full refund (less shipment and other expenses incurred by us) for Non-refrigerated products so long as such products are unopened and undamaged and are returned within 14 days of purchase. Refrigerated products are non-refundable for safety reasons.

LIABILITY AND MAINTENANCE GUARANTEE

To the maximum extent permitted by law, the Seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the Buyer by the Seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law, the Seller’s liability to the Buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the Buyer by the Seller shall be limited to the price paid by the Buyer for that product.

To the maximum extent permitted by law, the Seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the Buyers access to, use of, or reliance upon, any product or any information supplied to the Buyer by the Seller.

Any warranties provided do not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.

The Seller's liability under this contract and the warranty in this clause is confined to the Buyer named in this contract and extends no further.  The Buyer's rights under the contract are not assignable and do not extend to any third party or subsequent purchaser of the products.

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

PAYMENT

Payment shall be accepted in the form of approved Credit/Debit Card for all online purchases. Payment must be made before the shipment of goods will be processed, unless alternative arrangements are made with Seller. Prices include GST (unless otherwise stated) of 15% of the total price or any amendment to GST as may be made from time to time.

CONSUMER GUARANTEES ACT 1993

Where the Buyer is acquiring the product for the purpose of business then the Consumer Guarantees Act 1993 shall not apply.

In the event the Buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the Buyer's rights under the Consumer Guarantees Act 1993 and any other relevant consumer legislation in New Zealand, to the intent that no provisions shall in any way limit or attempt to contract out of the Buyer's rights under the Act.

TRADEMARKS

Totally Vets Ltd trademarks and trade dress may not be used in connection with any product or service that is not Totally Vets Ltd for whatever reason, without our prior written approval.

SHIPPING

Once the Seller has confirmed acceptance of the Buyer's order, the Seller will endeavour to dispatch the Buyer's order within 3 business days unless else wise specified.

The Seller reserves the right to dispatch the Buyer's order in one delivery or by instalments.  If the Seller intends on dispatching in instalments the Seller will inform the Buyer of the nature of the instalments and the expected delivery date.   Failure to deliver any instalment does not entitle the Buyer to cancel the order and/or return any instalments already delivered. The Buyer may however cancel any undelivered instalments by written notice to the Seller up until the time that the instalment is packaged and awaiting shipping.  Once the item is packaged for shipping, the order cannot be cancelled. 

Should the Buyer cancel an instalment pursuant to these terms, the Seller in it’s sole discretion determines the value of the cancelled products for the purpose of refunding the cost of the cancelled instalment to the Buyer.

Any quotations of delivery times by the Seller are best estimates and the Seller shall not be bound by them and will not be liable for any loss, expense, or other damage caused by any delay in delivery.

The Buyer may specify delivery instructions for an order. The Seller will not be responsible for any order that is delivered in accordance with the Buyer’s delivery instructions.

SHORTAGES, DAMAGES OR LOSS IN TRANSIT

If there is a shortage in the quantity of products delivered, the liability of the Seller is limited to either the provision of the non-delivered products or the cost of the non-delivered products. Where the Buyer believes that there is a shortage in the quantity of products delivered, the Buyer must notify the Seller of any such claim within 7 days of receipt of the products and must provide the Seller with a minimum of one calendar month to investigate that claim.  If the Seller agrees that there has been a shortage, the shortage will be rectified by providing the non-delivered products or refunding the cost of the non-delivered products.

All orders delivered within New Zealand are insured by the Seller against damage or loss during transit up to the value of NZ$1500. The Seller will not accept any liability for loss or damage in transit that exceeds the value of the loss or damage insurance applying to that delivery.  Any excess loss or damage cost is the responsibility of the Buyer.

Products leaving the Seller's premises are checked for damage and confirmed to be undamaged, then adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:

  • Prior to acknowledging delivery to the carrier the Buyer must ensure that the complete consignment as per the carrier's note has been received.
  • Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
  • Within 7 days of receipt of consignment the Buyer must ensure that all products received are in good order and condition.

No damage claims will be considered after 7 days of receipt of products. While no liability for products damaged or lost in transit will be accepted by the Seller details of any claim should be advised to the Seller.

ACCESSING OUR WEBSITE

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Website with or without notice and for any reason, including, without limitation, breach of these Terms. Totally Vets Ltd reserves the right to restrict access to the website at any time, close the website at any time, and provides no warranty that the Website will be accessible at any given time while under maintenance or due to unforeseen circumstances.  Totally Vets Ltd holds no liability for consequences to the client resulting from an inability to access the Website for any reason.

FORCE MAJEURE

If the performance by Totally Vets Ltd of its obligations under these terms and conditions is prevented or delayed 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 Totally Vets Ltd)) Totally Vets Ltd shall be excused from such performance and such non-performance will not give rise to a breach of our obligations under these terms and conditions.

RESERVATION OF TITLE

Ownership and title of the goods remains with Totally Vets Ltd until the purchase price and all other monies owing by the Buyer to us, under this contract or any other contract, have been paid in full.

MODIFICATIONS OF TERMS AND CONDITIONS

Totally Vets Ltd reserves the right to change terms and conditions without notification at any time.  The Buyer is personally responsible for reading and understanding the terms and conditions and any given time. The Buyer agrees to re-read the terms and conditions if the “last updated” date has changed since the Buyer’s previous reading, when using website services.

PRIVACY POLICY

The Buyer confirms that they have read and accepted the terms of the Privacy Policy, accessible here: http://totallyvets.etheory.co.nz/secure-shopping.html.

YOUR CONSENT

By using this Website, you agree with our Terms and Conditions.
These terms and conditions were last updated on 23 May 2018.

CONTACTING US

If there are any questions regarding these Terms and Conditions you may contact us using the information below.

Totally Vets Ltd
25 Manchester Street
Feilding 4702
New Zealand
shop@totallyvets.co.nz
P 06 323 6161

 

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