Terms and Conditions
Purina®® For Professionals New Zealand
Nestlé Purina®® PetCare Terms and Conditions
Date: 1 January 2020
Participation in P4P constitutes acceptance of these terms and conditions and each order you place through your P4P account will be governed by these terms and conditions.
These terms and conditions are effective from the date above. Information on how to participate in the Purina® for Professionals Club (P4P), how to purchase products from Purina® through P4P or participate in promotions advertised from time to time in connection with P4P, including information at www.p4p.Purina®.co.nz and the membership application forms are part of these terms and conditions.
Nestlé New Zealand Limited NZ (company number 46423) trading as Nestlé Purina® PetCare (Purina®) may change these terms and conditions at any time without notice. Changes to these terms and conditions will be uploaded onto this website and you will be bound by any changes to the terms and condition from the date on which the new terms and conditions are uploaded.
1. Eligibility Requirements for membership
To be a member of P4P, you must meet and continue to meet the eligibility requirements in this section (Eligibility Requirements). You must:
(a) Complete the online application form, including all mandatory fields;
(b) Be at least 18 years of age and live in New Zealand;
(c) Have a unique, valid email address. It is your responsibility to notify Purina® if your email address changes;
(d) Have a current dog or cat breeding program in place;
(e) Be either registered as a breeder with a recognised breeder association or club or have a current website for your breeding program which is accessible to the public;
(f) Comply with the appropriate laws, guidelines and codes of ethics for the breeding, keeping and care of dogs and/or cats that apply in the location in which you carry on your dog or cat breeding program; and
(g) Have a current or proposed feeding regime for your dogs and/or cats that includes purchasing and feeding Purina® products.
2. Information
(a) Your membership application and all membership details will be held in accordance with the Nestlé Privacy Policy, which can be accessed on this website. Membership applications become the property of Purina®.
(b) As part of your membership of the P4P program, Purina® will email you about the P4P program, including information about member benefits, news and updates and offers for P4P members. If you do not wish to receive these email communications, you can unsubscribe or opt-out of them by updating your member account.
3. Acceptance of membership applications and cancellation or discontinuation of your membership
(a) Purina® will assess your membership application prior
to approving your P4P account. Purina® reserves the right to decline
applications for membership or waive Eligibility Requirements for members in
Purina®’s absolute discretion.
(b) Once your P4P account is approved, you must keep your
membership active by making at least one (1) purchase of Purina® dog or cat
products through your P4P member account every six (6) months.
(c) To maintain your membership of P4P, you must continue
to meet the Eligibility Requirements at all times. If your circumstances change
and you no longer meet the Eligibility Requirements, then you must promptly
notify Purina®.
(d) If Purina® is notified or otherwise becomes aware that
you no longer meet the Eligibility Requirements, then Purina® may immediately
discontinue your membership. Purina® may also discontinue your membership
if you do anything that Purina® reasonably considers may bring your breeding
program or Purina® into public disrepute, contempt, scandal or ridicule or which
may reflect unfavourably on your breeding program or Purina®.
(e) Purina® will notify you by email if your membership is
discontinued by Purina®. Purina® reserves the right to discontinue a
membership at any time for any reason in Purina®’s absolute discretion.
(f) You may discontinue your membership at any time for
any reason by notifying Purina®.
4. Benefits of P4P membership
Current members will be entitled to access the benefits made available to P4P members on this website. P4P membership benefits may change over time without notice. P4P membership benefits at the effective date of these Terms and Conditions include:
(a) Direct purchase of selected Purina® products - A range of Purina® products are available for direct purchase through your P4P membership account. Conditions relating to orders and deliveries are set out in these terms and conditions.
(b) Free delivery – Products purchased through your P4P account include free delivery to your nominated address in New Zealand. Free delivery is offered for one (1) delivery attempt. You must be available to receive the delivery at your nominated address or you must nominate an address at which the ordered products may be left on delivery.
(c) Starter packs for new litters – Purina® will provide you with unique codes to pass on to the new owners of your puppies or kittens. These codes will be redeemed online at www.headstart.Purina®.co.nz by the new owner. Starter packs will typically contain a free bag of Pro Plan food, discount vouchers, a puppy or kitten guide book and a measuring cup. Purina® reserves the right to alter the contents of these starter packs at any time without notice.
(d) Litter Assistance – members are entitled to Litter Assistance discounts on selected Purina® food. You will submit a Litter Assistance Request form to Purina® from which the amount of the Litter Assistance discount will be determined by Purina®. The Litter Assistance discount will apply to Purina® PRO PLAN Puppy formula or Purina® PRO PLAN Kitten formula.
5. Orders through P4P
(a) Current products available for order through P4P can
be viewed online at www.p4p.Purina®.co.nz by logging in to your P4P
account. Purina® may change the range of products listed on P4P at any
time without notice to you.
(b) You may place orders for current listed products by
logging in to your P4P account.
(c) All orders are subject to availability of stock and
min/max quantities as Purina® decides from time to time. Purina® reserves
the right to refuse orders (whether whole or in part) in its absolute
discretion.
6. Payment and Price
(a) Current P4P product prices can be viewed online at www.p4p.Purina®.co.nz
by logging in to your P4P account. Pricing is inclusive of
GST.
(b) Purina® may change the prices of products at any time
without notice to you. You must pay the price of products current at the
time of purchase.
7. Delivery and Receipt
(a) Ordered products will be delivered to the delivery
address nominated by you. If you are not available to receive the
delivery, then you authorise our courier to leave the delivery at your
nominated address. It is your responsibility to ensure that your
nominated delivery address is accessible, safe and sufficiently secure for
leaving deliveries.
(b) You can change your delivery address by updating your
member account and during the confirmation stage at the check-out.
(c) On the first delivery attempt, if the courier making
the delivery determines that your nominated address is not accessible, safe or
sufficiently secure, then the ordered products will be returned to Purina® and
you will be refunded the full value of the purchase within 30 days. From
that point, if you still wish to receive the products, then you will need to
re-order them through your P4P account.
(d) If you wish to have ordered products delivered by
means other than Purina®’s usual delivery, then you will need to make all
necessary arrangements and pay all costs involved.
(e) Purina® will endeavour to provide ordered products in a timely manner to the address specified in your order. Please allow three days for standard deliveries and five days for rural deliveries. However, to the extent permitted by law, Purina® will not be liable for (i) any failure to deliver or delay in delivery for any reason; (ii) any damage or loss due to unloading or packaging; or (c) damage to property caused upon entering premises to deliver the ordered products. Any costs incurred by Purina® due to any failure by you to accept the ordered products at time of delivery must be reimbursed by you to Purina®.
8. Title and risk
(a) Title in ordered products will pass to you on the
later of the date of delivery to you and Purina® receiving payment for them in
full and cleared funds.
(b) Risk in products ordered by you passes to you at the
time of delivery of the order to your nominated delivery address (as evidenced
by the delivery records of the courier making the delivery). Any theft or
loss of, or damage to the products occurring after the time of delivery to your
nominated delivery address will be your responsibility.
9. Returns
(a) You must verify your order of products upon
delivery. Please notify Purina® on 0800 PET VIP (0800 738 847) of any
incorrect order as soon as discovered by you. If required by Purina®, you
must promptly return products forming part of the incorrect order to Purina® in
accordance with instructions by Purina®. This may include returning the
Goods in their original packaging, accompanied by the invoice.
(b) When returns are accepted by Purina® and a refund is
due to you, Purina® will reimburse the price of the returned products within 30
days of receipt of the returned products.
(c) You cannot refuse to accept ordered products merely
because they are not delivered by any given dates.
(d) Please choose carefully as Purina® does not accept
return of products because you change your mind.
10. Exclusions and limitations
(a) All our products come with guarantees that cannot be
excluded under the New Zealand Consumer Law. You are entitled to a replacement
or refund for a major failure and compensation for any other reasonably
forseeable loss or damage. You are also entitled to have the products repaired
or replaced if the products fail to be of acceptable quality and the failure
does not amount to a major failure.
(b) To the extent permitted by law, Purina®’s only
liability is as expressly stated in these terms and in the New Zealand Consumer
Law and all other guarantees, warranties and conditions are excluded.
(c) To the extent permitted by law and except as provided
under the New Zealand Consumer Law, Purina® will not be liable to you (whether
in contract, tort, or otherwise) for any consequential, special, incidental or
indirect loss or damage including loss of profit.
11. Variation and cancellation of P4P program
(a) Purina® may change these terms and conditions at any time and the revised terms and conditions will be posted on this website. Purina® recommends that you review these terms and conditions from time to time.
(b) By placing an order through your P4P account after revised terms and conditions are posted on this website, you agree to be bound by the revised terms and conditions.
(c) Purina® may suspend or terminate the P4P program at any time. Purina® will endeavour to give at least one month’s notice to active members before terminating the P4P program.
12. General
(a) These terms and conditions constitute the whole
agreement between you and Purina® relating to your P4P membership and account
and supersede any prior dealings, representations or agreements in relation to
their subject matter.
(b) Purina® may sub-contract or otherwise arrange for
another person to perform any part of these terms and conditions or to
discharge any of Purina®’s obligations.
(c) Purina® waives a right under these terms only by
written notice that it waives that right. A waiver is limited to the specific
instance to which it relates and to the specific purpose for which it is given.
(d) You must pay Purina® all costs and expenses incurred
by Purina® in connection with any breach of these terms by you including legal
expenses (on a solicitor-client basis), and costs incurred in the recovery of
monies owing by you to Purina® or in otherwise enforcing Purina®’s rights against
you under the these terms.
(e) Neither party is liable for any delay or failure to
perform its obligations under this agreement (except an obligation to pay
money) if the delay or failure is due to any cause outside their reasonable
control. If delay or failure to perform its obligations pursuant to this clause
occurs, the performance of that party’s obligations are suspended. If the
suspension exceeds 30 days, either party may immediately terminate the
agreement by notice in writing to the other party.
(f) The Purina® products, materials, offers and
information appearing on this website are intended only for users and/or
customers located in New Zealand including, without limitation, that delivery
will be only to addresses in New Zealand.
(g) These terms are governed by and must be construed in
accordance with the laws of New Zealand.