Animates Terms & Conditions

Animates website terms and conditions

These Terms were last amended on 18/02/2019.

Animates may change these Terms from time to time. The Terms below are those currently in force.

1             Use and acceptance

1.1          Animates NZ Holdings Limited (Animates, we, us, our, etc) owns and operates this website including its content (the Website).

1.2          The Website is made available to you subject to your acceptance of these terms and conditions including the policies referenced in these terms and conditions (together the Terms).

1.3          By accessing any part of this Website, you agree to be bound by the Terms.

2             Complaints

2.1          Contact us by email to customerservices@animates.co.nz at the earliest opportunity if you wish to raise any issue or make any complaint in respect of the Website or otherwise.

3             General terms and conditions of use

3.1          These Terms are governed by and interpreted in accordance with New Zealand law. You agree to submit to the exclusive jurisdiction of the New Zealand courts in relation to any matter to which these Terms apply.

3.2          If we do not enforce any part of these Terms, that is not a waiver of our right to enforce at a later time.

3.3          If any part of these Terms is found to be invalid, unenforceable or illegal, the remaining provisions will continue in full force and effect.

3.4          We reserve the right to refuse (including taking steps to prevent) your access to all or any part of this Website without notice.

3.5          We may make changes to the Terms at any time with or without notice to you. Your continued use of the Website reflects your agreement to the Terms which are current at the time.

4             Your account

4.1          Opening an account with us through the Website allows you to store information in the account which makes buying products and services from the Website easier.

4.2          Information you supply must be accurate. All information you supply will be held and used by us in accordance with our Privacy Policy

4.3          We reserve the right to decline or close your account in our sole discretion.

4.4          You must ensure your account is secured from unauthorised use.

4.5          You agree to indemnify us against any damage, loss, or expense incurred by us as a result of unauthorised use of or access to your account.

4.6          Purchases made through an account may qualify for Petpoints rewards points. Petpoints are governed by the Petpoints Terms and Conditions.

5             Privacy

5.1          All information about you that we hold is stored and used in accordance with our Privacy Policy.

5.2          If you have any concerns or questions about your privacy or wish to exercise your rights in respect of your personal information please contact our Privacy Officer at privacy@animates.co.nz or by telephone on (09) 5268360 or (0800) ANIMATES.

6             Shopping

6.1          When you make an order through the Website checkout process by clicking the “place order” button that order is confirmed and cannot be cancelled or varied by you.

6.2          We may cancel any order at any time by notice to you.

6.3          Where any product or service is or becomes unavailable, we may remove it from your order and fulfil the rest of the order.

6.4          If the “Leave without signature” box is checked then products from your order may be left at your chosen delivery address at your risk.

6.5          You warrant that the information you provide in the checkout process is correct and complete.

6.6          We will dispatch your orders as soon as we are reasonably able.

6.7          You confirm that it is safe for our agents to deliver your order to the address provided by you.

6.8          All prices are in New Zealand dollars inclusive of goods and services tax, unless stated otherwise.

6.9          In case of price errors, we reserve the right to cancel any orders for items placed at an incorrect price.

7             Gift cards

8             Payment and Laybuy

8.1          Payment can be made at checkout by major credit card, PayPal, or Laybuy.

8.2          All payments are processed in accordance with our Safe and Secure Shopping Policy. Credit card payments are made via BNZ’s payment gateway which is PCI DSS compliant.

9             Returns

9.1          If you are not completely satisfied with a product you have purchased from us you may be able to return it in accordance with our Returns Policy.

10           Animates Price Promise

10.1        Subject to theseTerms, if you find an identical product which is currently in stock and available for delivery from another New Zealand-based retailer for a lower price (including delivery) than the price we are offering (including delivery) we will match that price.

10.2        To qualify, the product much be identical (same brand, same size, same flavour, same variety, same colour, etc).

10.3        Animates Price Promise does not apply to: auction listings, trade quotes, wholesale quantities, warehouse stock, shipping promotions, liquidation or clearance stock, end of range and short dated stock, damaged stock, international retailers, insurance claims, advertising errors by other retailers, livestock, services and gift with purchase deals, and excludes prescription products.

10.4        Confirmation of competitor's current advertised price is required before the transaction and the Animates Price Promise is only valid within 7 days of the lower price advertised and when the final price, inclusive of taxes, fees and charges, is lower than ours.

10.5        You can contact us if you wish to make an online purchase under the Animates Price Promise. You will need to supply evidence of the competing price to our satisfaction.

11           Limitation of liability

11.1        Your use of this Website is at your sole risk.

11.2        This Website is provided without any warranty that access to it will be uninterrupted, secure or error-free.

11.3        We warrant that the products and services described on this Website are:

11.3.1    fit for their usual purpose; and

11.3.2    consistent with any description we have provided.

11.4        All other warranties and representations are excluded, except for those which cannot be excluded by law.

11.5        Your remedy under this clause 10 or for any other breach of these Terms is limited to replacement of the defective products, re-performance of the relevant services, or a refund of the price paid for the relevant products or services (at our election).

12           Intellectual property

12.1        In these Terms Intellectual Property means the domain name of this Website, any software code underlying the Website, the design, functionality, written, and graphical content of the Website together with trademarks we own which are used on the Website.

12.2        You acknowledge that we own all of the Intellectual Property.

12.3        You must not copy any part of the Intellectual Property (other than as necessary to browse the Website).

12.4        You must not use or deal with the Intellectual Property except as permitted by these Terms.

12.5        These Terms grant you a royalty-free, personal, revocable, non-transferable, non-sublicensable, worldwide licence to use the Intellectual Property only to access and use this Website for the purposes of browsing the Content and purchasing products and/or services from us.

13          Restrictions on use of the Website

13.1       You must not:

13.1.1    use the Website for any illegal purpose;

13.1.2    use unauthorised automated means to access and/or use the Website;

13.1.3    access or use the Website other than for your own personal use;

13.1.4    use the Website in any way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.