TERMS & CONDITIONS LIBRARY
Breeders Club Program
Terms and Conditions related to the ROYAL CANIN® Breeders Club can be found here: www.promos.royalcanin.com.nz/breeders
WebShop Terms and Conditions
1. The contract between us
1.1 Prepaid Account – Payment must be made at the time of order through the Webshop for the whole of the price of the goods via Credit Card or Bank to Bank Transfer payment options. Once payment has been processed and your order successfully submitted you will receive an order confirmation email from us which confirms the acceptance of your order. Our acceptance of your order brings into existence a legally binding contract between us.
1.2 Credit Account – Orders can be placed at the Webshop using the On Invoice or Prepaid payment options. Orders placed using On Invoice will only be accepted if the order, and total account balance, remains below the agreed account credit limit. For orders placed as Prepaid, payment must be made at the time of order through the Webshop for the whole of the price of the goods via Credit Card or Bank to Bank Transfer payment options.
Once an order has been successfully submitted you will receive an order confirmation email from us which confirms the acceptance of your order. Our acceptance of your order brings into existence a legally binding contract between us.
2.Price & Product Expiry
2.1 The prices payable for goods that you order are as set out in our website.
2.2 Product is considered saleable by us until it reaches 120 days before the expiry date listed on the bag. Product can be sold to consumers at any time within the expiry date listed on the bag.
3. Right for you to cancel your contract
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us in writing.
3.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4. Mars Petcare Animal Welfare Policy
4.1 Mars Petcare are committed to upholding the highest ethical standards for animal welfare. By contracting with us, you agree to abide by all relevant laws and regulations which govern animal welfare and our animal welfare policy which can be found in clause 13.
4.2 If for any reason, Mars Petcare or its related entities have any actual or suspected reason to believe that you or your affiliates have breached clause 4.1, Mars Petcare may immediately with notice (where reasonably practicable) terminate or suspend this contract or any order that you have placed with us.
5. Cancellation by us
5.1 We reserve the right to cancel the contract between us if:
5.1.1 We have insufficient stock to deliver the goods you have ordered;
5.1.2 We do not deliver to your area; or
5.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers
5.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. Delivery of goods to you
6.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
6.2 Delivery will be made as soon as possible after your order is accepted.
6.3 For orders placed On Invoice, title of the goods will pass to you once payment has been made in full. You are obliged to keep and/or render the goods subject to retention of title in our favour separate and clearly identifiable as our property. Where goods are sold by you to your end-use customers then the goods sold shall be deemed to be those goods in your stock for which you have paid us (except to the extent there are no remaining goods in your stock which have been paid for). Where you sell goods to an end-use customer and such goods are not deemed to be ones for which you have paid us, then title in those goods shall be deemed to pass to you immediately before the sale to your end-use customer. In such case, you must immediately remit to us any unpaid amount due by the you in respect of the goods, and until such time as this is done, you hold the proceeds of such resale on trust for the benefit of us.
6.4 For prepaid orders, you will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. All Royal Canin® WebShop orders are delivered with Authority to Leave.
7. Liability
7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
7.2 If you do not receive goods ordered by you within 7 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
7.2.1 To make good any shortage or non-delivery;
7.2.2 To replace any goods that are damaged or defective; or
7.2.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.
7.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.2.3 above.
7.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (insert postal address) and all notices from us to you will be displayed on our website from to time.
9. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11.Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
12. Governing law
The contract between us shall be governed by and interpreted in accordance with Australian or New Zealand Common law and the Australian courts or New Zealand courts shall have jurisdiction to resolve any disputes between us.
13. Animal Welfare Policy
You acknowledge and agree that your organisation adheres to all national laws and legal requirements, especially as they relate to animals and their welfare. Royal Canin and Mars promote the World Organisation for Animal Health policy of the five freedoms of animals.
• Freedom from hunger and thirst - access to fresh water and a diet for full health and vigour
• Freedom from discomfort - an appropriate environment with shelter and comfortable rest area
• Freedom from pain, injury and disease - prevention or rapid diagnosis and treatment
• Freedom to express normal behaviour - by providing adequate space and facilities & company of the animals own kind
• Freedom from fear and distress - by ensuring conditions and treatment which avoid mental suffering
You acknowledge and agree that your organisation is not involved in the following list of activities
• Bear, boar, badger baiting training
• Dog fighting
• Hunting activities of any kind
• Any activity/research that endangers an animal’s health, quality of life, wellbeing, and/or life expectancy
not involved in activities, shows or demonstrations that:
• deliberately cause harm, pain or distress to any animals
• promote diets or activities which will intentionally result in harm to any animal
• have an environment that is not suitable or appropriate to support animals well-being.
14. Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
