Terms & Conditions
The following terms and conditions apply in relation to your purchase of products (“Products”) from the TopDog Nutrition website. By browsing and (where applicable) purchasing from the TopDog Nutrition e-commerce website you agree to be bound by these terms and conditions and any additional terms and conditions presented during the purchasing process.
1. Application of terms and conditions
1.1 In these terms and conditions, reference to “we” and “us” means TopDog Nutrition Ltd, and “our” has a corresponding meaning.
1.2 “You” means you our customer under these terms and conditions and “your” has a corresponding meaning.
2.1 While TopDog Nutrition has endeavoured to ensure that the information provided on the TopDog Nutrition eShop is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we shall not be responsible or liable for any error in, or omission from, the information provided on the TopDog Nutrition e-commerce website. We reserve the right to make changes to the information provided on the TopDog Nutrition e-commerce website at any time and without notice.
2.2 Your placement of an order via the TopDog Nutritions e-commerce website is an offer to purchase our Products in accordance with these terms and conditions. We may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until the confirmation has been provided through email.
If any credit transaction is discovered to be fraudulent, TopDog Nutrition will proceed with investigation to analyse the occurrence and facilitates to debit your account. This process will depend on the nature of the transaction.
2.3 To make a purchase from the TopDog Nutrition e-commerce website on your own behalf:
a. You must be 18 years of age or over, or if you are under 18 years of age, you must have your parent or guardian’s consent to make the purchase and enter into the terms and conditions applying to the purchase;
b. You must be either purchasing on your own behalf or authorised to purchase on behalf of another person.
2.4 If you are purchasing on behalf of a company, association, partnership or other such entity (“Entity”):
a. you must be authorised to agree to these terms and conditions on behalf of the Entity;
b. you must be authorised by the Entity to make the purchase;
c. you must be authorised to use the Entity’s credit card used to make the purchase; and
d. references in these terms and conditions to “you” include the Entity (as defined above).
2.5 By purchasing from the TopDog Nutrition e-commerce website, you warrant that you meet the relevant conditions set out in clauses 2.3 and 2.4 above.
2.6 When making a purchase from TopDog Nutrition e-commerce website, you must provide all required information (including your name, contact details, and credit card details) or we might not be able to process your order.
2.7 At our discretion, you may not be able to proceed with any purchase on the TopDog Nutrition e-commerce website which exceeds our current limits on volume or total value.
2.8 All orders are subject to the availability of Products. If for any reason a Product is not available, we will endeavour to notify the nonavailability on the TopDog Nutritions e-commerce website.
2.9 Where Products are listed on TopDog Nutritions e-commerce website with an incorrect price or with incorrect information, or if product is not available we reserve the right to cancel your order for those Products (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order, and your refund will be free of any additional charges.
2.10 Although we endeavour to accurately display the images of Products, we do not guarantee the colour/shape/appearance (or any other aspect beyond our control) of any product delivered to you will exactly match that of the image supplied by the manufacturer that may be displayed on the TopDog Nutrition e-commerce website.
3. Price of Products and Payment
3.1 The price payable for Products ordered by you shall be the price displayed on the TopDog Nutrition e-commerce website at the time your order is submitted (subject to clause 2.9 above), together with the applicable delivery charges. Unless expressly stated otherwise, all prices displayed on TopDog Nutrition e-commerce website are stated and payable in New Zealand dollars and include GST.
3.2 Products displayed on TopDog Nutrition e-commerce website, and their prices, are subject to change without notice.
3.3 The Total Payment to be made for the purchased product will include additional charges like Freight, Customs, duty, fumigation, Insurance, etc.
4. Delivery & Title
4.1 We will endeavour to dispatch your order within 1 business day once we have confirmed that we have accepted your order and received all amounts payable for your order. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date. We will endeavor to provide you with email confirmation of dispatch within 3 working days of dispatch.
4.2 Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
4.3 For delivery, service provider’s delivery terms and conditions apply.
i. After three unsuccessful attempts to deliver your order we will return the goods and cancel the order.
ii. If the wrong delivery address is provided you bear the shipping charges to get it delivered to the correct destination.
iii. If the cost of returning the goods is not acceptable by the company the company may direct the delivery agent to destroy the goods if customer is not willing to bear the additional charge or fails to claims the goods within 1 month.
4.5 Title to, and responsibility for, each Product you order from the TopDog Nutritions e-commerce website passes to you when the Product is delivered to you.
4.6 Where you believe that incorrect Products have been delivered, you must contact us with any such claim within 5 days of delivery and you must provide us with a reasonable opportunity to investigate that claim.
If you discover any defect in your product, you may within 5 days of delivery return the item in new condition for a replacement. If a replacement is not available we may at our discretion provide a refund. You will be notified by email of the status of the replacement. For any claim to be made the item must be sent to our current shipping address as provided by emailing email@example.com.
6. Change or cancel an order
If you wish to change or cancel an order, contact our Accounts Officer at any time at firstname.lastname@example.org. Orders can be changed or cancelled anytime before they are shipped.
7. Pricing Mistakes
In any situation where an honest mistake has occurred when advertising the pricing of an item on either Social Media platforms, Digital Electronic Marketing services or the TopDog Nutrition website, we withhold the right of sale. A correct resolution will be found to satisfy both parties involved, i.e Consumer & TopDog Nutrition.
8. User conduct
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.
9.1 We reserve the right to change these terms and conditions from time to time by publishing the changed terms on the TopDog Nutrition e-commerce website. When revised terms and conditions are published on the TopDog Nutrition e-commerce website, all orders submitted by you after the revised terms and conditions are published shall be subject to the terms and conditions as revised.
9.2 If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
9.3 We shall not be liable to you for any delay or nonperformance of our contractual obligations to the extent that such delay or nonperformance is caused by an event or circumstance which is outside our reasonable control.
9.4 You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, bylaws and rules that apply to the use of any Products you purchase from us.
9.5 We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time.
9.6 These terms and conditions (and any orders to/from the TopDog Nutrition e-commerce website) shall be governed by the laws of New Zealand and the courts of New Zealand shall have exclusive jurisdiction to hear and determine any dispute arising in relation to these terms and conditions (and any orders to/from the TopDog Nutrition e-commerce website).