Welcome to the website (“the website”). The term “My Raw Pet”, “us” or “we”, or “our” refers to the owner of the website My Raw Pet Limited. The term “you” or “your”, refers to you as customer and user of the website. The term “product” or “good” refers to the good that you are purchasing through our website from us. By using the website and purchasing our products, you acknowledge that you have read, understood and accepted these terms, and agree to be bound by them.
1. Ordering
1.1 Purchase orders are submitted electronically through the website. Once your order has been confirmed by My Raw Pet, you will be bound by a contract to purchase the product requested in your purchase order, subject to your rights to cancel or vary the order set out in these terms.
1.2 You can choose to have regular weekly or fortnightly deliveries of the product(s). Your order constitutes an order for an ongoing and regular purchase and delivery of selected product(s). Your order will continue each week or fortnight (as selected by you), unless you tell us you want to skip or remove the order before midnight on the Monday before your order is due to be delivered.
1.3 My Raw Pet reserves the right to charge you a cancellation fee, not exceeding 35% of the total order value, for any cancelled order. For clarity, this cancellation fee does not apply in circumstances where you have chosen to skip (for a period of time) or remove (indefinitely) an order in accordance with these terms.
2. Delivery
2.1 My Raw Pet will be entitled to commission third parties to make delivery and will endeavour to deliver your order on the agreed delivery date but provides no guarantee as to delivery dates. Where delivery is likely to be delayed, My Raw Pet may contact you to discuss your requirements. Late delivery does not of itself entitle you to cancel any order or part order. My Raw Pet will not bear any liability for the actions or omissions of these third parties involved in the delivery process.
2.2 My Raw Pet will be entitled to assume that any person accepting delivery of the order is either you or someone that is authorised to do so on your behalf.
2.3 You must ensure that your delivery location is easily accessible to our third-party delivery person, and that it is safe for our delivery person to enter your premises in order to complete the delivery. If, in our delivery person’s reasonable opinion, the delivery location is not easily accessible, or it is unsafe to deliver the order, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of our costs incurred in relation to any deliveries repeated in accordance with this clause.
2.4 If, despite our reasonable efforts, we cannot agree an alternative arrangement for delivery with you, we will be relieved of our obligation to deliver the order but you will be liable for payment for it in full as if you had received the order.
2.5 In the situation where it is safe to complete delivery but there is no person present at the delivery location at the time of delivery, or you or any other person fails or refuses to take delivery of the order, the order will be left at the delivery location and be deemed to have been delivered at that point in time. Once delivered, you are responsible for the product(s).
3. Price
3.1 The price of the product(s) is the price quoted on the website at the time of placing your purchase order, unless otherwise agreed in writing by us. The price is inclusive of goods and services tax unless otherwise stated. Prices quoted are based on the delivery address which you submit to the website, and we reserve the right to vary prices if the delivery address changes.
4. Payment
4.1 Payment is by debit or credit card. You authorise us to charge the supplied debit/credit card for the cost of the product, delivery costs, on-going orders, and any cancellation costs.
5. Cancellation
5.1 We may, at our absolute discretion:
- refuse to accept an order;
- cancel an order for any reason whatsoever. There will be no charge where we cancel an order, unless you have breached these terms; and
- suspend or terminate the ability of you to order through the website for any reason whatsoever.
5.2 Where we need to refuse to accept an order or cancel an order, we will let you know as soon as possible. We will refund you for any cancelled order where we have chosen to cancel the order, as long as you have not breached these terms.
6. Disclaimer
6.1 Our product is for consumption by dogs only.
6.2 If your dog has any health issues or is pregnant or lactating please discuss with your veterinarian or qualified animal nutritionist before feeding your dog our product.
6.3 As with introducing any new diet to your dog, dogs need to be slowly changed from their current diet to my raw pet diets. Mix a small amount of the product to the diet you are currently feeding and gradually increase the proportion of the product to the current diet over a period of 2 to 3 weeks to avoid any tummy upsets. If complications arise, please stop feeding and consult your veterinarian
6.4 We do not provide any guarantee or assurance that your dog will be able to consume our product without issues. We recommend consulting with a veterinarian or qualified animal nutritionist to ensure our products are appropriate for your dog’s specific dietary needs.
7. Limitation of Liability
7.1 The liability of My Raw Pet for any claim, damages, loss or expense related to the supply of this product is limited to, at our discretion, the cost paid by you for the product or the cost of a replacement of the product, except where statute expressly requires otherwise. To the fullest extent permitted by law, we will not be liable in any event whether in tort, contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you, your pet or any other person.
8. Force Majeure
8.1 We will not be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises from any circumstance beyond our control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation embargo, changes in law, delays or disruption by government or government agencies.
9. Privacy
9.1 You authorise My Raw Pet to collect, retain and use personal information about you for the purpose of processing payment for any products which you purchase from us using the website, or for any other purpose that you authorise. You have rights of access to and correction of the registration information and any other personal information that is held about you. Under the Privacy Act 2020, you may request access to or correction of your personal information held by My Raw Pet.
9.2 We will use our reasonable endeavours to prevent any unauthorised entry into the website or data leaks. However, we will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access or obtains any of your personal information.
10. Waiver
10.1 If at any time My Raw Pet does not enforce any of these terms or grant you time or other indulgence, My Raw Pet will not be construed as having waived that term or its rights to later enforce that or any other term.
11. Consumer Guarantees Act 1993 (the “Act”)
11.1 If you are a consumer under the Act and you are acquiring or holding yourself out as acquiring services for a business purpose, the Act will not apply. Subject to this clause nothing in these terms and conditions will affect your rights as a consumer under the Act.
12. Dispute Resolution
12.1 Any dispute arising between us which has not been resolved within 14 days may be referred to mediation by either of us. The mediator will be appointed by agreement between us or, where we cannot agree within 14 days, by the chairperson or any other office holder of the New Zealand Law Society. The mediator will conduct the mediation in accordance with the guidelines agreed between us or, if we cannot agree within 14 days following appointment of the mediator, the guidelines set by the mediator. The costs and expenses of the mediator will be shared by us equally. If mediation does not resolve the dispute, the parties may then resort to litigation or arbitration.
13. Assignment
13.1 We may at any time assign or transfer to any other person (including without limitation to a related company, whether or not acting as a security agent or security trustee of the security created under these terms and conditions) all or any part of our rights, remedies and obligations under these terms and conditions and any related or ancillary document without your consent. Each of our assignees and transferees will have the same rights and remedies against you as we have under these terms and conditions. You must not assign or transfer any of your rights or obligations under these terms and conditions.
14. Changes to our Terms and Conditions
14.1 My Raw Pet may alter these terms at any time by placing notification that the terms have been revised on the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.
15. Severability
15.1 If any portion of these terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
16. Governing Law
16.1 These terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.