BORD On Line Shop Terms and Conditions
1.2 Use of BORD On Line Shop subject to terms and conditions
Your access to, and use of, BORD On Line Shopping is subject to the following terms and conditions. By using BORD On Line Shop you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through BORD On Line Shop constitute legal offers to purchase, and are capable of being accepted by BORD without any further reference to the Customer.
1.3 Terms and conditions to prevail
These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the Shop Policies.
1.4 BORD discretion to accept registration
BORD has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 BORD discretion to accept orders
BORD has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. BORD may cancel an order for any reason whatsoever.
1.6 Registration and access costs
No costs are payable to register to use BORD On Line Shop, but Customers are responsible for any costs incurred in using BORD On Line Shop, including any charges imposed by their Internet service provider.
1.7 Suspension or termination
BORD On Line Shop may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through BORD On Line Shop for any reason whatsoever.
1.8 Customer liable for every order
Customers are liable for every order made under their Login.
1.9 Trade not supplied
Unless otherwise agreed, Customers may not purchase Products through BORD On Line Shop for the purpose of resale.
1.10 Security of information
BORD On Line Shop shall use its reasonable endeavours to prevent any unauthorised entry into BORD On Line Shop. However, no member of BORD will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
1.11 Site content
While BORD has endeavoured to ensure that the information provided on BORD On Line Shop is free from error, no member of BORD warrants its accuracy, adequacy or completeness, and no member of BORD shall be responsible or liable for any error in, or omission from, the information provided on BORD On Line Shop.
We reserve the right to make changes to the information provided on BORD On Line Shop at any time and without notice.
1.12 Use of the site
The Customer agrees not to use BORD On Line Shop for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on BORD On Line Shop for their own personal use but otherwise neither BORD On Line Shop, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without BORD's prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of BORD On Line Shop, or damage the operation of BORD On Line Shop, or BORD’s systems or those of other persons who use BORD On Line Shop, whether by way of a virus, corrupted file, any other software or program, or otherwise.
The Customer shall pay BORD for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.
Prices and specials available on BORD On Line Shop may not necessarily be the same as the prices and specials available from BORD Authorised Stockists. Any prices and specials available in BORD On Line Shop will only apply to Products purchased through BORD On Line Shop if those prices or specials are specifically displayed on BORD On Line Shop, and vice versa.
BORD On Line Shop may vary the prices of the Products at any time without notice.
The prices of Products are displayed in Hong Kong Dollars.
3. PRODUCT AVAILABILITY, RANGE, SUBSTITUTION AND QUALITY
3.1 Product availability
Every effort will be made to fulfil orders placed with BORD Online Shop, but no member of BORD shall be liable to any person if BORD is unable to or declines to supply a Product for any reason whatsoever.
BORD Online Shop reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
BORD Online Shop may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
3.2 Product substitution
If BORD Online Shop is unable to or declines to supply a Product ordered by a Customer, BORD Online Shop may substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.
If BORD Online Shop cannot make a substitution on this basis, BORD Online Shop may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the lower value Product, as at the time of receipt of the initial order.
BORD Online Shop reserves the right to refuse to substitute any particular Product for any reason whatsoever.
3.3 Product quality
If BORD Online Shop agrees that a Product was delivered to a Customer in a damaged or spoiled condition, BORD Online Shop shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered)
3.4 Product labelling information
All products are sold in compliance with the labelling provisions of the New Zealand Food Code, ALL ingredients information and feeding guides are available on the BORD website.
4.1 Method of Payment
Customers must pay BORD Online Shop for the Products purchased by PayPal, bank transfer and cash on delivery.
4.2 Payment by PayPal
If a Customer's credit card is declined by its financial institution, delivery of the relevant order will not be made. BORD reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Product ordered, BORD shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.4 Change to payment policy
BORD may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point. No liability will be accepted on behalf of BORD for any spoiled or perished goods after delivery.
The Customer shall keep their Login details safe and confidential at all times.
All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of K9 Natural other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of BORD assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer's risk.
7. LIABILITY AND INDEMNITY
7.1 Product liability
The liability of BORD whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of BORD’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
7.2 No liability for indirect loss
No member of BORD shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer's use of, or inability to use, BORD Online Shop, or the delivery or failure to deliver any Products.
Notwithstanding any other term, the Customer agrees to indemnify each member of BORD against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of BORD, arising directly or indirectly out of the Customer's use of BORD Online Shopping, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
8. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to BORD Online Shop and its contents is owned by, and shall at all times remain the exclusive property of, BORD, its licensors and the providers of any other products and services accessible through BORD Online Shop, and is protected by Hong Kong and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.
9. FORCE MAJEURE
If the performance by BORD of its obligations under these terms and conditions is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of BORD) BORD shall be excused from such performance to the extent of such prevention.
10.VARIATION OF TERMS AND CONDITIONS
From time to time BORD Online Shop may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of BORD Online Shop after the terms and conditions have been changed indicates your acceptance of those changes.
11. GOVERNING LAW
Hong Kong law governs the use of BORD Online Shop and these terms and conditions.