Breeders Club Terms & Conditions

Membership Terms & Conditions effective 24^th June 2024

Participation in the Nutrience Breeder’s Club Program and each order you place through your Nutrience Breeder’s Club Account will be governed by these Membership Terms, and the Nutrience Privacy Policy. By registering for a Nutrience Breeder’s Club account, you acknowledge that you accept these Membership Terms, and the Nutrience Privacy Policy.

Nutrience reserves the right to change these Membership Terms at any time. Changes to these Membership Terms will be uploaded onto this Website at least one (1) week prior to their taking effect. You will be bound by any changes to the Membership Terms from the date on which the new Membership Terms come into effect.

1. MEMBERSHIP REGISTRATION AND ELIGIBILITY

1.1 Membership with the Nutrience Breeder’s Club entitles members to exclusive benefits made available on this Website from time to time. Nutrience Breeder’s Club membership benefits may change over time without notice.

1.2 Nutrience will assess your membership application prior to approving your membership having regard to the Eligibility Requirements. Notwithstanding the Eligibility Requirements, Nutrience may in its absolute discretion decline applications for membership or waive Eligibility Requirements.

1.3 To be a member of the Nutrience Breeder’s Club, you must meet and continue to meet all the eligibility requirements in this section (“Eligibility Requirements”). You must:

1. Complete the online application form, including all mandatory fields;
2. Be at least 18 years of age and live in New Zealand;
3. Have a unique, valid email address.;
4. Be a registered member, and provide membership number of one of the following governing bodies: Dogs New Zealand, NZ Cat Fancy, or Catz Inc.;
5. 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
6. Have a current or proposed feeding regime for your dogs and/or cats that includes purchasing and feeding Nutrience products.

1.4 Once your Nutrience Breeder’s Club membership is approved and in order to maintain your membership, you must:

1. make at least one (1) purchase of Nutrience dog or cat products* through your Nutrience Breeder’s Club Membership Account every six (6) months; and
2. 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 Nutrience.

1.5 Any person with an active Petware wholesale or trade account is not eligible for a Nutrience Breeder’s Club account.

1.6 When registering for a Membership Account, you will be asked to provide a delivery address, which must be a physical New Zealand address that orders will be delivered to. If your delivery address changes you must notify Nutrience.

1.7 If Nutrience becomes aware that you no longer meet the Eligibility Requirements, Nutrience may immediately discontinue your membership. Nutrience may also discontinue your membership if you fail to comply with these Membership Terms or do anything that Nutrience reasonably considers may bring your breeding program or Nutrience into public disrepute, contempt, scandal or ridicule or which may reflect unfavourably on your breeding program or Nutrience.

1.8 Nutrience will notify you by email if your membership is discontinued by Nutrience. Nutrience reserves the right to discontinue a membership at any time for any reason in Nutrience’s absolute discretion.

1.9 You may discontinue your membership at any time for any reason by notifying Nutrience.

1.10 When registering for a Membership Account, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone. You are fully responsible for the use of your password and any orders placed using your password, even without your knowledge.

*Refers to Nutrience branded dog and cat products only. KONG, Wanpy, and other Petware brands offered on the Nutrience Breeder’s Club do not count towards the purchase requirement.

2. INFORMATION

1. Any personal information, as defined in the Privacy Act, obtained or handled by Nutrience will be held in accordance with the provisions of the Privacy Act 2020, and the Nutrience Privacy Policy (as applicable). The Nutrience Privacy Policy can be accessed on this website, and both form part of these Terms and Conditions.
2. As part of your membership of the Nutrience Breeder’s Club, you may receive service emails regarding your membership and order status, regardless of your marketing email subscription status.
3. Upon signing up to the Nutrience Breeder’s Club, Nutrience will email you occasionally about the Nutrience Breeder’s Club, including information about member benefits, news and updates and offers for Nutrience Breeder’s Club members. If you do not wish to receive these email communications, you can unsubscribe or opt-out of them by updating your preferences via any email communication from Nutrience.
4. If you have “opted in” to receive Nutrience marketing and promotional emails upon signing up to the Nutrience Breeder’s Club, your information will be held in accordance with the Nutrience Privacy Policy and Nutrience will email you occasionally about the Nutrience Breeder’s Club, Nutrience and other trusted Petware brands. If you do not wish to receive these email communications, you can unsubscribe or opt-out of them by contacting nutrience@petware.co.nz or 0800 800 135.

3. ORDERING

3.1 Nutrience Breeder’s Club product range and pricing is confidential, and products may be purchased for personal use only, for dogs you own.

3.2 Payment must be received in full before your order will be sent. A copy of your order will be emailed to the email address you provide.

3.3 The current price is displayed on the website at the time you order. If we have made an error with pricing, you will be advised and given the option of cancelling, paying extra, or receiving a refund for the difference.

3.4 We deliver to physical addresses in New Zealand only.

1. We will deliver products to the delivery address provided upon application, as soon as possible after your order and payment are received.
2. Once delivered, the receiver becomes the owner of the goods. If goods are visibly damaged upon delivery, sign “DAMAGED” and notify Nutrience to enable us to claim for damages. Nutrience is not liable for incorrect delivery if the reason is due to incorrect information being given or entered when the order was placed, if it is delivered to the address provided.
3. Nutrience shall have no liability for any failure or delay to deliver goods or for any damage or defect to goods caused by any event or circumstance beyond our reasonable control, such as strikes, industrial disputes, system or network access, flood, fire, explosion or accident.

3.5 If there is any problem with your order, you must advise us in writing by email within 24 hours of receiving your order. Contact us for available remedies, which may include a refund or replacement depending on the concern;

1. Solutions may include sending extra product if we have short-supplied in error, replacing damaged or defective products, full or partial refund by the method we choose.
2. Order refunds will be processed back to the method of payment within 14 working days. We will not be obliged to offer any additional compensation for disappointment or losses suffered.

3.6 Except when covered by law, Nutrience will not be liable for any indirect or consequential loss, damage or expenses, including loss of profits, business, goodwill, or other expenses, however it came about, due to any problem you notify us about, and we shall have no liability to pay any money or other compensation other than a refund of the amount paid if required under the Consumer Guarantees Act.
Nothing in these terms and conditions is intended to limit your consumer or statutory rights.

3.7 Your order is binding and cannot be cancelled once it has been placed. Nutrience reserves the right to cancel or part-supply an order, to cancel or change a reward, benefit or any other member offer. This includes when there is insufficient stock to deliver products ordered, when delivery to your area is not available, when we have made an error with product information or pricing.
If cancellation is required, we will notify you by email. Part or full orders that are cancelled by us will be refunded in full, minus any shipping (for orders that were part supplied) or including shipping if the entire order is cancelled.

4. LITTER SUPPORT

4.1 Free litter support is supplied at the discretion of Nutrience and may be changed or discontinued at any time. Litter support is intended for active members who feed Nutrience, showing regular order history.

4.2 Free puppy and kitten packs are only sent with a paid Nutrience order. To qualify for deluxe packs with full size bags of food, the following conditions must be met;

1. At least 50kgs of dog food or 20kgs of cat food must have been purchased in the previous 12-month period through the Breeder's club before the litter support is requested. Total considered kilograms includes paid food only, not free food.
2. In the case of multiple litters per year; between each litter support request, the total number of kilograms of purchased food must match or exceed the amount of requested support food (each deluxe pack contains 2.27kg of food).

4.3 Litter registration details must be genuine, and the number of puppies or kittens must be correct. Nutrience reserves the right to request proof of litter notification to the appropriate governing body at any time.

4.4 If litter details are found to be incorrect in any way, or food for the new owners is not given to the new owners, membership may be terminated, which includes the loss of any unclaimed member benefits, without recourse or compensation.

4.5 Product provided for new owners must be passed on to the new owners. Refer to the Litter Form on this website for details on what is included in the current litter support offer.

5. GENERAL

1. These Membership Terms constitute the whole agreement between you and Nutrience relating to your Nutrience Breeder’s Club membership and supersede any prior dealings, representations or agreements in relation to their subject matter.
2. All notices from you to us must be in writing, sent to our contact email address as displayed on our website.
3. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
4. You acknowledge and agree to be bound by the terms of our privacy policy as displayed on our website.
5. Any contract between us is governed by and interpreted in accordance with New Zealand Common law and New Zealand courts have jurisdiction to resolve any disputes between us.