Just Dogs - Terms of Trade
All sales are in New Zealand Dollars.
By accessing and or ordering products or services through this website or from Just Dogs Limited you acknowledge that you have read, understood and agree to be bound by Just Dogs Limited’s terms of trade as detailed below, which apply regardless of whether an order is placed via the internet, telephone, facsimile or post.
1.1. "Just Dogs" means Just Dogs Limited its agents and employees.
1.2. "Customer" means the customer, any person acting on behalf of and with the authority of the customer and/or any person purchasing Products from Just Dogs.
1.3. "Products" means all products and/or services supplied by Just Dogs to the Customer and includes all products, goods and services and advice provided by Just Dogs to the Customer and all charges for labour, hire charges, insurance charges, freight costs, or any fee or charge associated with the supply of the Products by Just Dogs to the Customer.
1.4. "Website" means www.JustDogs.co.nz.
1.5 “Terms of Trade” shall mean these terms and conditions together with any other terms and conditions specifically communicated by Just Dogs to the Customer.
2.1. All prices quoted on the Website are subject to change at any time at the discretion of Just Dogs. If the price charged exceed the price quoted at the time of the order the Customer shall be entitled to cancel the order and Just Dogs shall promptly refund any amount paid by the Customer for the order.
3.1. The Customer’s order shall not be completed until the Customer’s payment has been received by Just Dogs in accordance with clause 4.
3.2. Once Just Dogs has received payment and accepted the order it shall advise the Customer of the acceptance of the order and the estimated delivery date of the Product.
3.3. Just Dogs reserves the right to refuse to accept an order at its sole discretion. If Just Dogs does not accept an order it shall advise the Customer and refund any payment made.
3.4. Just Dogs reserves the right to cancel an accepted order. In such case Just Dogs will promptly advise the Customer and refund the purchase price.
3.5. The Customer is not entitled to cancel an order unless expressly agreed to in writing by Just Dogs.
3.6. Just Dogs website does not supply Products to traders for resale and the Customer warrants that it will not resell the Products to any third party.
3.7. All products listed on Just Dogs are subject to availability, and no guarantee is implied or expressed as having physical stock available for sale, with the availability of stock subject to change without notice and at the discretion of Just Dogs. In such cases, Just Dogs will promptly advise the Customer and refund the purchase price.
3.8. By initiating an order with Just Dogs the Customer accepts these Terms of Trade.
3.9. Notwithstanding clause 3.8, Just Dogs may replace or amend these Terms of Trade and all orders placed after the replaced or amended terms of trade are made available on the Website shall be subject to the replaced or amended terms of trade.
4.1. Unless otherwise agreed in writing payment for Products shall be made in full in advance.
4.2. Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until cleared funds are available to Just Dogs.
4.3. The Customer agrees to make all payments to Just Dogs relating to the supply of the Products in full, without deduction of any nature whether by way of set-off, counterclaim or any other claim.
4.4. The Customer must not make any payment without a payment reference recording the order number. A payment received without a payment reference recording the order number may be treated by Just Dogs as an anonymous payment. The Customer must contact its bank to amend the payment reference on an anonymous payment before Just Dogs will credit the anonymous payment toward payment of the Customer’s account.
4.5. Just Dogs reserves the right to refuse to accept any payment for any reason whatsoever including if Just Dogs:
(a) considers that the payment is not in cleared funds, irrevocable, final and/or willingly paid by the Customer for the order; or
(b) the payment cannot be linked to an order made by the Customer due to the absence of the order number on the payment.
4.6. If a payment is not accepted by Just Dogs:
(a) it is the Customer's responsibility to arrange the reversal or refund of the payment and Just Dogs will not be responsible for any delay in processing such refund; and
(b) Just Dogs will not release or deliver the Products to the Customer.
4.7. If the Customer does not pay for the Products before or following delivery, or if the payment is subsequently reversed, cancelled or invalid, or any monies are owing by the Customer to Just Dogs then the Customer shall pay on demand interest on the amount due and owing from the due date of payment to the date of actual payment at 5% per month.
4.8. The Customer shall be liable to pay on demand any expenses, disbursements, collection and/or legal costs (on a solicitor client basis) incurred by Just Dogs in the enforcement or attempted enforcement of these Terms of Trade.
5. Delivery and risk
5.1. The Products remain at Just Dogs' risk until delivered to the Customer. Delivery is to be made at the place specified by the Customer when the order is made. If the Customer fails or refuses to take or accept delivery then the Products are deemed to have been delivered when Just Dogs was willing to deliver them.
5.2. The delivery address of an order cannot be changed. The delivery address cannot be a PO BOX. The Customer must pay for Products ordered but sent to a delivery address provided by the Customer which is not correct.
5.3. Products in transit with our chosen couriers remain in the property of Just Dogs until product has been delivered to the Customer, exception of when customer chooses to arrange their own carrier, courier, or other Bailee, in which case delivery of the Product is deemed complete upon transferral of possession to said Bailee.
5.4. Delivery of products are made to New Zealand addresses only. No provision can be made for overseas orders.
5.5. Just Dogs reserves the right to deliver the Products in instalments and each instalment is deemed to be a separate contract under the same terms and conditions of the main contract. If Just Dogs is unable to make delivery, the Customer will not be entitled to repudiate the contract.
5.6. If the Product is lost or damaged during delivery Just Dogs will only pay a refund, repair the Product, or supply a new Product after receiving compensation from Just Dogs's insurance company. This procedure usually takes two weeks, but can take longer.
5.7. Just Dogs insures the Products against loss or damage during delivery.
5.8. Any costs for storage, delivery, taxes, duties or any other expenses may be charged to the Customer, if the Customer refuses to:
(a) take or accept delivery at the time specified in the quotation or at any other time that Just Dogs is able to deliver the Products; or
(b) pay local taxes and duties.
5.9. The Customer will check the condition and quantity of the Products delivered and advise the deliverer of any missing or damaged Products immediately on receipt. Just Dogs shall not be liable for any missing or damaged Products unless noted on the delivery receipt. The absence of written notification by the Customer on the delivery receipt shall be deemed to be delivery of the full order in good condition.
6.1. Just Dogs warrants Products sold by Just Dogs for in accordance with the manufacturer’s warranty for the Product, for faults due to the manufacturing process.
6.2. In the case of a claim under the warranty the Customer shall provide Just Dogs with a full description of the fault in writing and proof of purchase and return the Products to Just Dogs if requested. Just Dogs shall reimburse the Customer for freight charges only if the warranty claim is accepted by Just Dogs.
6.3. The warranty covers defects in workmanship and materials only and the warranty shall be voided where:
(a) Products have been damaged, whether intentionally or unintentionally, unless the damage has been caused by Just Dogs;
(b) Products have been tampered with or altered;
(c) Products have been services or repaired by an unauthorised repairer; or
(d) Products have been used outside their intended operating parameters or environment.
6.4. Just Dogs shall endeavour to repair or replace any defective Product covered by the warranty within a reasonable time but it shall not be liable for any loss or damage whatsoever should there be a delay in such repair or delay.
6.5. Just Dogs shall only be liable for the repair or replacement of the Products and not for any other loss whatsoever, whether consequential or direct, arising from an faulty workmanship or materials.
7. Title and security (Personal Property Securities Act 1999)
7.1. Title in any Products supplied by Just Dogs passes to the Customer only when the Customer has made payment in full for all Products provided by Just Dogs and of all other sums due to Just Dogs by the Customer on any account whatsoever. Until all sums due to Just Dogs by the Customer have been paid in full, the Customer grants to Just Dogs a security interest in all Products ("the security interest").
7.2. Where Products are retained by Just Dogs pursuant to clause 7.1. the Customer waives the right to receive notice under section 120 of the Personal Property Securities Act 1999 ("PPSA") and to object under section 121 of the PPSA.
8. Payment allocation
8.1. Just Dogs may in its discretion allocate any payment received from the Customer towards any debt that Just Dogs determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated. In the absence of any payment allocation by Just Dogs, payment shall be deemed to be allocated in such manner as preserves the maximum value of Just Dogs's purchase money security interest (if any) in the Products.
9.1. The only warranty provided by Just Dogs is pursuant to clause 6. In all other respect, subject to the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Just Dogs which cannot by law (or which can only to a limited extent by law) be excluded or modified, Just Dog's liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
9.2. Just Dogs shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of Products by Just Dogs to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products provided by Just Dogs to the Customer.
9.3. The Customer shall indemnify Just Dogs against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Just Dogs or otherwise, brought by any person in connection with any matter, act, omission, or error by Just Dogs its agents or employees in connection with the Products.
10. Consumer Guarantees Act
10.1. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Products from Just Dogs for the purposes of a business in terms of sections 2 and 43 of that Act.
11. Collection and use of information
11.1. The Customer authorises Just Dogs to collect, retain and use any information about the Customer, for the purpose of assessing the Customer's credit worthiness or enforcing any rights under this contract.
11.2. The Customer authorises Just Dogs to disclose any information obtained to any person for the purposes set out in clause 11.1.
11.3. Where the Customer is a natural person the authorities under clauses 11.1. and 11.2. are authorities or consents for the purposes of the Privacy Act 1993.
12.1. Just Dogs shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
12.2. Failure by Just Dogs to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Just Dogs has under this contract.
12.3. If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
12.4. The parties agree that the New Zealand courts have exclusive jurisdiction and that the law of New Zealand shall apply to this agreement.
E & OE - Errors and Omissions Excepted. We endeavour to keep all information as accurate as possible - however errors will occur from time to time, due to the large scale and nature of our business. Please feel free to query any information by using the Contact Us page above, or the link at the bottom of each product page. All prices will be confirmed, and errors noted, prior to completion of a sale.