Terms of service
Revised Terms of Service (Copy and paste this into Shopify)
OVERVIEW Welcome to Pawganic! The terms "we", "us" and "our" refer to Pawganic. Pawganic operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Pawganic is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in New Zealand, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Pawganic reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Pawganic confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Pawganic may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING Prices, discounts and promotions are subject to change without notice. All prices are stated in New Zealand Dollars (NZD) and include Goods and Services Tax (GST) unless otherwise noted. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping and handling charges. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Pawganic, its affiliates or licensors and are protected by New Zealand and international copyright and intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Pawganic's names, logos, product and service names, designs, and slogans are trademarks of Pawganic. You must not use such trademarks without the prior written permission of Pawganic.
SECTION 7 - OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties as part of the Services, 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.
SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
SECTION 9 - RELATIONSHIP WITH SHOPIFY Pawganic is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Pawganic. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Pawganic.
SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes personal information about your access to and use of the Services.
SECTION 11 - FEEDBACK If you submit any ideas, suggestions, feedback, or reviews (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to infringe upon our intellectual property rights, to submit false information, to upload viruses, or to interfere with the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
SECTION 14 - AGENTS No Agent (automated software) may access, use, or interact with Services unless it identifies itself and operates in strict accordance with standard web scraping protocols. We may limit or block any Agent from accessing our Services.
SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 16 - DISCLAIMER OF WARRANTIES & NEW ZEALAND CONSUMER LAW NOTHING IN THESE TERMS IS INTENDED TO LIMIT OR EXCLUDE ANY RIGHTS OR GUARANTEES YOU MAY HAVE UNDER THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 (CGA) OR THE FAIR TRADING ACT 1986. If you are acquiring goods for business purposes, the provisions of the Consumer Guarantees Act 1993 are excluded. Subject to the above, the Services and all products are provided 'as is' and 'as available' without any representation, warranties or conditions of any kind, either express or implied, other than those which cannot be excluded under New Zealand law.
SECTION 17 - LIMITATION OF LIABILITY Subject to your rights under the Consumer Guarantees Act 1993, in no case shall Pawganic, our directors, officers, employees, affiliates, or suppliers be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, arising from your use of any of the Services or any products procured using the Services.
SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Pawganic from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law.
SECTION 19 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.
SECTION 20 - ENTIRE AGREEMENT These Terms of Service and any policies posted by us constitute the entire agreement between you and us, superseding any prior agreements.
SECTION 21 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 22 - CHANGES TO TERMS OF SERVICE We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of the website constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at info@pawganicnz.co.nz.
Pawganic 170 Kittiwake Drive Schnapper Rock Auckland, New Zealand info@pawganicnz.co.nz