Terms of service

Welcome to Pet Trunk. The terms “we”, “us” and “our” refer to Pet Trunk. Pet Trunk 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”). Pet Trunk is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”) describe your rights and responsibilities when you use our Services. By visiting, accessing, browsing, or purchasing from this website, you agree to be bound by these Terms, together with our Privacy Policy, Shipping Policy, and Refund Policy. If you do not agree to these Terms, you should not access or use our Services.

Any new features or tools added to the current store shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the Services following any such changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your country, state, or province of residence, or that you are the age of majority in your country, state, or province of residence 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 browsing our store or purchasing products, you may be asked to provide certain information, such as your email address, billing details, payment details, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, assign, sell, or otherwise grant access to your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible. However, product colours, textures, packaging, and appearance may vary depending on your device, screen settings, or natural variations in materials and manufacturing.

We do not guarantee that the appearance, quality, or performance of any product or service will meet your personal expectations, except as required under applicable law.

All product descriptions, specifications, availability, and pricing 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 to limit quantities on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Pet Trunk reserves the right to accept, decline, limit, or cancel any order for any reason at our discretion. Your order is not accepted until we confirm acceptance and receive successful payment.

Please review your order carefully before submitting it. Once an order has been accepted, we may not be able to accommodate changes or cancellation requests.

If we do not accept, amend, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to our Refund Policy.

You represent and warrant that your purchases are for personal or household use, or otherwise for lawful use, and not for unauthorized resale, export, or commercial redistribution unless expressly agreed by us in writing.

SECTION 4 - PRICES AND BILLING

All prices displayed on our website are subject to change without notice. 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.

Unless otherwise stated, prices are shown in New Zealand Dollars (NZD). Shipping fees and any other applicable charges will be shown at checkout where relevant.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your information, including your email address and payment details, so that we can complete your transactions and contact you if necessary.

You represent and warrant that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are authorized to use the payment method provided;
(iii) charges incurred by you will be honoured by your payment provider; and
(iv) you will pay all charges incurred by you at the prices in effect at the time of purchase.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery terms are set out in our Shipping Policy, which forms part of these Terms.

Any delivery times provided on our website or at checkout are estimates only and are not guaranteed. Delays may occur due to courier issues, public holidays, weather events, remote delivery routes, customs processing, stock issues, or events outside our reasonable control.

Please ensure that your delivery information is accurate and complete. We are not responsible for delays, failed deliveries, or returned parcels caused by incorrect or incomplete shipping details provided by you.

Risk in goods passes to you upon delivery to the address provided in your order, except to the extent otherwise required by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

All content included in the Services, including but not limited to text, graphics, logos, images, product names, product descriptions, icons, videos, audio, software, site layout, and overall design, is owned by or licensed to Pet Trunk, its affiliates, licensors, or Shopify, and is protected by applicable intellectual property laws in New Zealand and other jurisdictions.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, duplicate, copy, modify, republish, upload, post, transmit, distribute, sell, exploit, scrape, or otherwise use any part of the Services without our prior written consent.

Nothing in these Terms grants you any licence or right to use any trademark, copyright, design, logo, or other intellectual property belonging to Pet Trunk, Shopify, or any third party, except as expressly permitted.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools or services that we do not monitor and over which we have no control or input.

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

Your use of any such tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to third-party websites, platforms, applications, or services. These links are provided for convenience only.

We are not responsible for examining, evaluating, or guaranteeing the accuracy, availability, or content of any third-party materials or websites. If you choose to access third-party websites, you do so at your own risk.

We are not liable for any loss or damage arising from your use of any third-party goods, services, websites, or content. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Pet Trunk 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 Pet Trunk. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Pet Trunk, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Pet Trunk.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and relevant third parties in order to provide services to you.

For more information about how we and Shopify handle personal information, please review our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any suggestions, ideas, reviews, comments, feedback, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, non-exclusive, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, translate, display, and otherwise use such Feedback in any medium for any lawful purpose, including commercial purposes.

You represent and warrant that:
(i) you own or otherwise control all rights in the Feedback you provide;
(ii) your Feedback does not violate any law or any right of any third party; and
(iii) your Feedback will not contain unlawful, abusive, defamatory, obscene, misleading, or malicious material.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery estimates, or availability.

We reserve the right to correct any such errors, inaccuracies, or omissions, and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You must not use the Services:

(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any applicable law, regulation, or legal obligation;
(c) to infringe our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, intimidate, defame, or harm any person;
(e) to submit false, misleading, or deceptive information;
(f) to upload or transmit viruses, malicious code, or harmful software;
(g) to spam, phish, scrape, crawl, or harvest data from the Services;
(h) to interfere with or circumvent the security features of the Services;
(i) to impersonate another person or entity;
(j) to use robots, bots, spiders, scrapers, automated systems, or AI tools to access, extract, or interact with the Services in a way not authorized by us; or
(k) to otherwise interfere with the proper working of the Services.

We reserve the right to suspend, restrict, or terminate your access to the Services if we reasonably believe you have breached these Terms.

SECTION 14 - AGENTS

14.1

This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person’s device, without direct supervision.

14.2

No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

14.3

We may limit, including by technical measures, whether and how any Agent accesses, uses, or interacts with the Services.

14.4

Agents must:
(i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”;
(ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, including by mimicking human behaviour or circumventing CAPTCHAs;
(iii) respond truthfully to any prompt seeking to determine whether interactions are coming from a human or a computer; and
(iv) not circumvent or avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate or suspend your access to the Services at any time, without notice, if we reasonably believe that you have violated these Terms or if required to protect our business, customers, or systems.

You may stop using the Services at any time.

Any obligations or liabilities incurred before termination will survive termination to the extent required by their nature. Sections relating to intellectual property, feedback, disclaimers, limitation of liability, indemnity, governing law, privacy, and any other provisions that by their nature should survive termination will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant that such information is accurate, complete, reliable, current, or error-free.

To the maximum extent permitted by law, and subject to any rights you may have under applicable consumer law that cannot be excluded, the Services and all products provided through the Services are provided on an “as is” and “as available” basis without warranties, representations, or conditions of any kind, whether express or implied.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand law where such rights cannot lawfully be excluded.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, and subject to any non-excludable rights under applicable law, Pet Trunk, its affiliates, directors, officers, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential loss or damage, including loss of profit, loss of revenue, loss of savings, loss of opportunity, or loss of data, arising out of or in connection with your use of the Services or any products purchased through the Services.

Where liability cannot be excluded but can be limited, our liability is limited to the maximum extent permitted by law.

Nothing in these Terms limits or excludes liability for fraud, wilful misconduct, or any matter in respect of which liability cannot lawfully be excluded or limited.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Pet Trunk, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, and reasonable legal costs arising out of or related to:
(1) your breach of these Terms;
(2) your violation of any law or the rights of a third party; or
(3) your misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies or rules posted by us on this site, constitute the entire agreement between you and us regarding your use of the Services and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

SECTION 21 - ASSIGNMENT

You may not assign, transfer, delegate, or otherwise deal with your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, or subcontract our rights and obligations under these Terms at any time, provided that doing so does not materially reduce your rights under applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

You and Pet Trunk submit to the non-exclusive jurisdiction of the courts of New Zealand.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. Where required by applicable law, we will provide notice of material changes. Your continued use of the Services after any changes take effect constitutes acceptance of those changes.