'The seller' refers to Sparkles the Dog Limited.
'The buyer' refers to any legal entity purchasing from the seller.
Where the seller accepts the buyer's order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:
Any condition contained in the buyer's order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.
Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.
Formation of Contract
The seller's website and advertising only constitute an invitation to treat. Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions. The seller's acceptance occurs (and the contract is formed) when the goods are dispatched to the buyer.
Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 ("the Act") then;
Where the buyer is acquiring the product for the purpose of business then the Act shall not apply.
In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall any way limit the purchaser's rights under the Act.
For more information about the Consumer Guarantees Act click here.
If you do not pay any money owed when due, you will be obliged to pay any collection cost incurred by Sparkles the Dog Limited (including debt collector and legal fees on a solicitor-client basis).
Seller's Liability and Maintenance Guarantee
The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and the seller is under no liability if they are not.
In lieu of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 12 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. At the termination of the appropriate period (ie guarantee period or 12 months as indicated above) all liability on the seller's part ceases.
The warranty does 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, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.
The seller will not be liable for loss of profits or any indirect or consequential loss or loss, even if the possibility of such loss has been brought to its attention.
Property and Risk
Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by the seller or by the source to the buyer or his agent or to a carrier for delivery to the buyer.
Ownership of all goods sold by the seller ("the goods") is retained by the seller until full payment is received for all amounts owing in respect of all goods supplied. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
Until full payment is made the buyer agrees to:
Enable the goods to be readily identifiable as the property of the seller.
Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.
Prior to the buyer acquiring property in any goods the seller may at any time directly or by its agents or servants enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed then:
The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and,
The buyer will reimburse, indemnify and hold harmless the seller, its employees and agents in respect of any costs (including legal costs on a solicitor-client basis), expenses, loss or damage (including such to any third parties) in respect of the exercise or attempted exercise of the seller's remedies and,
The seller may cancel any or all contracts with the buyer and the seller will not be liable to the buyer therefore, and,
All moneys owing by the buyer to the seller on any account whatsoever shall become immediately due and payable, and,
The value of such goods seized shall be assessed as the lesser of current market value or the invoice value at the time of sale and may be subject to a restocking fee as for Return of Goods for Credit or Refund above. Any excess after satisfying all of the buyer's payment obligations (including under the indemnity) will be paid to the buyer.
Errors or Omissions
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.
Description of Products
Modifications and improvements to the seller's products are constantly being made. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action.
The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.
Personal Property Securities Act 1999
Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that:
These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the parties relationship;
The buyer undertakes to:
sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
indemnify, and upon demand reimburse, the seller for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby;
not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the seller;
give the seller not less than 14 days prior written notice of any proposed change in the buyer's name and/or any other change in the buyer's details (including but not limited to, changes in the buyer's address, facsimile number, or business practice); and
immediately advise the seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.
Unless otherwise agreed to in writing by the seller, the buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA
Disputes and Proper Law
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
The contract including these terms and conditions of sale shall be governed by New Zealand Law.
Privacy and use of your information
Sparkles the Dog Limited does not sell or rent your personal information to third parties.
We release account and other personal information only when we believe release is appropriate for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities); to facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Sparkles the Dog Limited, our users, or others. Government agencies with statutory roles enabling them to request data from us includes but is not restricted to Police, IRD and the Ministry Of Economic Development. Members can contact Sparkles the Dog Limited to ask whether such information has been provided.
Sparkles the Dog Limited may send newsletters and other communications to members. Newsletters will contain clear and obvious instructions for how the member can remove himself or herself from that mailing list.
We do use email as a means of receiving feedback from our members, and we encourage you to email us with your questions or comments.
Our site's registration form requires you to provide us contact information and may also require demographic information. Your contact information is used by us to contact you when necessary.
Updating Your Personal Information
Sparkles the Dog Limited provides you with ways in which you can alter your personal data, including changing your email address, password, phone number, etc.
Delivery Address Details
Sparkles the Dog Limited enables you to save your delivery address which we will store against your profile.
Sparklesthedog.com mostly uses "session" cookies, which are removed from your computer once you leave sparklesthedog.com. These are used so our service can remember that you have logged in already and prevent you doing so more frequently. The technology we use (PHP Hypertext Preprocessor), requires the use of session cookies.
Sparklesthedog.com also uses persistent cookies to personalise the user experience, to help protect our members and to provide us with research information (such as how often members visit sparklesthedog.com each month). Persistent cookies allow us to track users on sparklesthedog.com and helps us identify users abusing the sparklesthedog.com service.
If you wish to have your registration removed from our directory for any reason, you may send us an email requesting this.
Updates to our information practices
From time to time, we make changes to our information practices or alter the functionality of our Web site. We always update this statement accordingly, so we encourage you to periodically review this page for the latest information on privacy practices at Sparkles the Dog Limited.