Terms and Conditions

Welcome to Paws Up

OVERVIEW

This website is operated by PAWS UP. Throughout the site, the terms “we”, “us” and “our” refer to PAWS UP. PAWS UP offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Collapsible content

USE OF WEBSITE

  1. If a Customer is under the age of 18, the Customer must only use the Website with parental or caregiver consent, provided that the Customer’s parent or caregiver is over the age of 18 and has accepted the Terms on behalf of the Customer.
  2. The Customer shall ensure that no other person shall use the Customer’s Website login or account with Paws Up to purchase any Products.
  3. As a condition of use of the Website, the Customer agrees:
  • Not to disrupt activity online;
  • To ensure that the Website is not used for any illegal activity or which may expose Paws Up to potential litigation including (but not limited to) copyright and trade mark infringement, the publication of obscene or defamatory information or material, the publication of information or material that infringes the rights of third parties, or the publication of information or material that is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986;
  • Not to use anybody else’s computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
  • Not to post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;
  • Not to run network scanning software or use open relay to distribute messages; and
  • Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, Paws Up’s or anyone else’s computer system or communications services.

GENERAL CONDITION

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We makes every effort to represent product colours accurately. However, the colour settings of computer monitors can vary considerably. As a result, there may be variations between the colour you see on-screen and the colour of the item which you purchase.

PRICES AND PAYMENT

Prices displayed on the Website are in New Zealand dollars. We may change the price of Products from time to time and where we do those prices will be displayed on the Product page.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

GST: Unless otherwise expressly stated, all amounts specified on the Website are GST inclusive.

Payment method: You must pay for your Subscription or any Products purchased with a debit card, credit card or any other payment method that we make available from time to time. In doing so, you acknowledge that:
(a)    additional bank charges may apply to certain transactions; 
(b)    you are liable for all costs associated with any default in payment for any Product order; and
(c)    title to the Products will pass to you on receipt of full payment for the relevant Products.

d)  Payment processing:  Payments are processed by an independent third-party service provider. To allow the processing of payment and in accordance with our Privacy Policy, we provide certain personal information about you to that third-party provider.

e)     Payment information:  We may securely store and use credit card or other payment account information provided by you to make withdrawals from your account in exchange for payment for any Product confirmed in a product order.  You will have the option to choose to allow us to store your credit card or other payment account information by checking the “Remember details for next time” checkbox at the time of payment. If you elect not to store your credit card or other payment account information you will need to resubmit this information for each purchase made from the Website.

SHIPPING AND DELIVERY

a)    Delivery address: Delivery of Products is only available in New Zealand and only to a physical address. We will not deliver to Post Office boxes.

b)    Loss or damage: We will bear the risk of loss or damage to the Products until Delivery. Risk in the Products will pass to you on Delivery.

c)     Non-delivery: If we accept that a Product was not delivered, or that Products delivered were spoiled or damaged when delivered, we will refund the amount paid for the affected products or we will resupply them.

d)    Signature required: If you selected that a signature is required, or a Product you selected requires a signature, you are responsible for being available to sign for the delivery. If you are not available and the delivery was unsuccessful because obtaining a signature was not possible, you may be charged an additional fee for re-delivery or you will need to make arrangements with the courier company to collect the goods.

e)     Exclusion of liability:

You acknowledge and agree that:
(a)    Quoted delivery times are estimates only;
(b)    Delivery to rural addresses may take longer than the time indicated and some delivery options may not be available; and
(c)    To the extent permitted by law we will not be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the Product order or Subscription not being fulfilled or the Products not being delivered within the anticipated delivery time.

PRODUCTS AND RETURNS

Please refer to our return policy

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY AND WARRANTIES

a)     Updates:  We reserve the right to update and amend any information on the Website at any time.

b)    Exclusion of liability:  To the maximum extent permitted by law, we will not be responsible or liable to you or any other person for any loss or damage:
(a)    in relation to your access and use of the Website, including if the Website is unavailable (in whole or part) or performing slowly; or
(b)    in connection with any errors, omissions or misstatements in any material on the Website. 
This exclusion applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage).   

c)     Indemnity:  You will take all necessary action to defend and indemnify us and our directors, officers and employees against all loss and damages suffered or incurred in connection with any claim brought by a third party against us arising from a breach by you of these Terms or the Privacy Policy. 

d)    Warranties: Warranties, conditions or obligations may be implied or imposed by the Consumer Guarantees Act 1993 (CGA), which cannot be excluded, restricted or modified. This clause is not intended to limit your rights under the CGA, except where Products are purchased for business purposes, or used in a business, in which case we:
(a)    to the extent permitted by law, expressly contract out of all provisions of the CGA; and
(b)    will not be liable to you in any event, whether in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage) for any loss of goodwill or loss of profits for an amount in excess of the amount paid by you to us for the Product.

PROMOTIONAL - NEW CUSTOMER 10% OFF DISCOUNT

New customer 10% off discount

New customer 10% off discount is permanently available until further notice.

The code can only be applied to a new account and can only be used once. User has to be logged in for the code to be successful. Discount is off the full retail price and cannot be used in conjunction with any other offer or promotion including Free Delivery .

Accessible for all products available for Home Delivery. Offers and products may vary and can only be redeemed online.

Promotional

Sale offers are available for the specific (‘Offer Period’). Discount is off the full retail price. Sale offers are not valid in conjunction with any other offer or promotion and the offer cannot be applied to previous purchases. During the sale period, rain-checks, customer orders and laybuys do not apply. Sale offers are on selected brands and products only and due to popularity or interruption of supply, some items may be unavailable or out of stock. For multibuy offers (such as BUY 1 GET 1 FREE or BUY 1 GET 1 HALF PRICE), you must add the discounted products to your cart. Products advertised as part of the sale are available while stocks last and the range may vary between stores and online.

PROMOTIONAL - $79 FREE DELIVERY - AUCKLAND ONLY

PAWS UP may from time to time offer free shipping on all online eligible orders over $79  ($79 Free Shipping) in accordance with these Terms and Conditions.

1. Promotion Period: The $79 Free Shipping promotion is available each time PAWS UP chooses to offer this promotion, and the relevant period for each $79 Free Shipping promotion will commence from such time as PAWS UP makes it available as an option at online checkout on our website, and will end when we removes it as an option at online checkout on our website. We reserves the right to vary any promotion period and it will give reasonable notice of this via advertising and messaging on our website.

2. Locations: This promotion is for AUCKLAND ONLY.

3. Eligible Orders: $79 Free Shipping is available for all Eligible Orders. An Eligible Order is any order placed through our website where:

a. the order is for the purchase of Eligible Products;

b. the total purchase price for the order before shipping is greater than $79.00 NZD (including GST); and

c. the order is to be delivered to a valid, physical delivery address in Auckland, New Zealand.

4. Termination:  We may suspend your access to $79 Free Shipping if you breach these Terms, or engage in conduct that We (acting reasonably) deems inappropriate or unacceptable or likely to damage the reputation or goodwill of Paws Up.