TERMS AND CONDITIONS OF SALE
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Nothing in these Terms and Conditions is intended to limit or exclude any rights or remedies the Buyer may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
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1. ENQUIRIES, APPLICATIONS, AND NO OBLIGATION TO SELL
1.1 Submission of an enquiry or request form, including ticking any box confirming that these Terms and Conditions have been read or understood, does not create a contract of sale.
1.2 A binding agreement of sale arises only when:
(a) the Seller confirms acceptance of the Buyer in writing; and
(b) payment of the Purchase Price (or any agreed deposit) is made.
1.3 The Seller is under no obligation to offer a Kitten/Cat to any applicant and may decline an enquiry or application at the Seller’s discretion, provided such decision is lawful.
1.4 Delivery Date means the date on which the Kitten/Cat is physically handed over to, or collected by, the Buyer.
2. BUYER AGREEMENTS
The Buyer agrees:
2.1 To accept full responsibility for the care and welfare of the Kitten/Cat and to provide the best reasonably possible care at all times.
2.2 To keep the Kitten/Cat indoors only, in a clean, safe, uncaged environment with appropriate companionship, enrichment, and veterinary care.
2.3 To be responsible for all veterinary and other expenses incurred after the Delivery Date, except as expressly provided in these Terms and Conditions.
2.4 To seek prompt veterinary treatment if the Kitten/Cat shows signs of illness, injury, or distress.
2.5 The Kitten/Cat is sold as a companion animal only, not as a show or breeding animal. No guarantee is given as to show quality, cosmetic perfection, coat development, size, or temperament.
2.6 No guarantee is given that the Kitten/Cat will be hypoallergenic.
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3. FEEDING AND CARE
3.1 The Kitten/Cat must be fed high-quality pet food appropriate to its age, health, and condition, and must have access to fresh drinking water at all times.
3.2 The Buyer must ensure the Kitten/Cat is kept and cared for in a manner that meets its physical, health, and behavioural needs, and is consistent with generally accepted animal welfare standards in New Zealand, including the principles of the Animal Welfare Act 1999 and applicable Codes of Welfare.
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4. REHOMING AND TRANSFER RESTRICTIONS
4.1 The Buyer must not sell, lease, give away, abandon, or otherwise transfer possession of the Kitten/Cat without first offering the Kitten/Cat back to the Seller on reasonable terms (right of first refusal).
4.2 If the Seller does not exercise that right, the Buyer must place the Kitten/Cat only with a reputable New Zealand-based third party who agrees in writing to comply with these Terms and Conditions.
4.3 The Kitten/Cat must never be transferred to:
(a) a pet shop or animal dealer;
(b) a research or testing facility;
(c) an animal shelter (except in genuine emergency); or
(d) any person convicted of animal neglect or cruelty.
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5. HEALTH, GUARANTEES, AND DISCLOSURE
5.1 At the Delivery Date, the Kitten/Cat is believed to be free from serious pre-existing illness or life-threatening congenital defects, based on veterinary checks carried out prior to sale.
5.2 The Seller provides a health guarantee:
(a) for serious illness present at the Delivery Date, provided notice is given within seventy-two (72) hours of delivery and the Kitten/Cat has been kept quarantined during that period; and
(b) against serious congenital defects for a period of one (1) year from the Delivery Date.
5.3 Any claim under this clause must be reported to the Seller immediately and supported by a written report from a registered New Zealand veterinarian.
5.4 The veterinary report must:
(a) identify the Kitten/Cat by microchip number;
(b) describe the clinical signs observed;
(c) state the diagnosis or provisional diagnosis;
(d) explain the clinical basis for that diagnosis, including examination findings and any relevant tests performed; and
(e) state whether, in the veterinarian’s opinion, the condition is likely to have been present at the Delivery Date.
5.5 A statement of suspicion or possibility alone, without supporting clinical findings, is not sufficient for the purposes of this clause.
5.6 Subject to the Consumer Guarantees Act 1993, if a qualifying condition is confirmed, the Seller may, at the Seller’s discretion, elect to:
(a) provide a replacement Kitten/Cat of comparable value; or
(b) refund the Purchase Price.
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Any refund provided under this clause will include any deposit or reservation fee paid, and no administration fee will be deducted.
5.7 Except where required by the Consumer Guarantees Act 1993, the Seller is not responsible for veterinary expenses incurred without the Seller’s prior written consent.
5.8 Where the Kitten/Cat is seriously ill or injured and appears to be suffering, the Buyer must make all reasonable efforts to contact the Seller immediately before authorising treatment, euthanasia, or other major veterinary intervention.
5.9 Where reasonably practicable, the Seller will determine whether:
(a) veterinary treatment should proceed;
(b) euthanasia is appropriate; and
(c) a replacement Kitten/Cat or refund will be offered.
5.10 Nothing in this Agreement requires the Buyer to delay urgent veterinary treatment where such delay would cause unnecessary suffering.
In emergency situations, the Buyer may authorise treatment or euthanasia as reasonably necessary to prevent suffering, but must notify the Seller as soon as reasonably practicable and provide a supporting veterinary report.
5.11 Minor, treatable, stress-related, or environmentally caused conditions, including conditions arising after delivery, are excluded from this clause.
5.12 The Seller’s health guarantee obligations under this clause apply for the periods stated above. After those periods, the Seller remains committed to acting reasonably and in good faith, and any ongoing responsibilities will be assessed in accordance with the Consumer Guarantees Act 1993.
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6. RETURN POLICY
6.1 Change-of-mind returns only:
If the Buyer is dissatisfied within three (3) days of the Delivery Date, and the Kitten/Cat has not been exposed to other animals, the Buyer may return the Kitten/Cat at their expense.
6.2 For change-of-mind returns only, the Buyer will be refunded the Purchase Price less an administration fee of $350 + GST.
6.3 No administration fee applies where a refund or other remedy is required under the Consumer Guarantees Act 1993.
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7. DESEXING
7.1 The Kitten/Cat is sold as desexed, or as otherwise agreed in writing.
7.2 If a desexing procedure is later found to have failed, the Seller is not responsible for consequences unless the failure resulted from a defect present at the Delivery Date, subject to the Consumer Guarantees Act.
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8. COMMUNICATION AND CONFIDENTIALITY
8.1 The parties agree to raise any concerns directly with each other promptly and in good faith.
For the purposes of this clause, good faith includes acting honestly, cooperatively, and without an improper purpose, and making reasonable efforts to discuss and resolve concerns before taking further action.
8.2 The Buyer agrees not to publish complaints or disputes on public forums or social media.
8.3 Nothing in this clause prevents the Buyer from:
(a) seeking legal advice;
(b) making a complaint to a regulator; or
(c) complying with legal obligations.
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9. LIMITATION OF LIABILITY AND POST-DELIVERY RESPONSIBILITY
9.1 To the extent permitted by law, the Seller’s liability is limited to the remedies required by the Consumer Guarantees Act 1993.
9.2 From the Delivery Date, the Buyer accepts full responsibility for the care, control, and supervision of the Kitten/Cat, except as expressly provided in clause 5 and as required by the Consumer Guarantees Act 1993.
9.3 Except as required by law, the Seller is not liable for:
(a) damage to property;
(b) personal injury; or
(c) medical or veterinary expenses,
arising from the behaviour or actions of the Kitten/Cat after delivery.
9.4 This clause does not apply where loss or injury is caused by the Seller’s negligence, misleading conduct, or failure to disclose a known condition at the time of sale.
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10. LEGAL COSTS
10.1 If the Seller must take legal action to enforce these Terms and Conditions, the Buyer may be liable for reasonable enforcement costs as determined by a court.
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11. GOVERNING LAW
11.1 These Terms and Conditions are governed by the laws of New Zealand.
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12. ENTIRE AGREEMENT AND SEVERABILITY
12.1 These Terms and Conditions constitute the entire agreement between the parties relating to the sale of the Kitten/Cat.
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Invoices and written communications are provided for administrative purposes only and do not vary these Terms and Conditions.
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Any variation to these Terms and Conditions must be agreed in writing by the Seller.
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12.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.