Terms of service

About the Website

Welcome to www.floofnfluff.com (the “Website”). This Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (“Products”). The Website provides this service by granting you access to its content (“Purchase Services”).

The Website is operated by Floof n Fluff Ltd (NZBN: 9429052728549), based in Auckland, New Zealand. Access to and use of the Website, or any of its associated Products or Services, is provided by Floof n Fluff Ltd (“we” / “us” / “our”). Please read these Terms and Conditions (“Terms”) carefully. By accessing or using the Website, you agree that you have read, understood, and are bound by these Terms. If you do not agree with the Terms, you must immediately cease using the Website and our services.

We reserve the right to review and update these Terms at any time. Changes will be effective immediately upon posting. We recommend you review this page regularly and keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website, using our services, or purchasing any of our Products. You may also explicitly accept the Terms by ticking a checkbox or clicking a button indicating your acceptance, where applicable.

Registration to Use the Purchase Services

To access certain Purchase Services, you may be required to register as a user. During registration or while using the Website, you may be asked to provide personal information including:

  • Your email address;
  • Mailing address;
  • Telephone number.

You agree that all information you provide will be accurate, up to date, and truthful.

By registering, you become a member of the Website (“Member”) and agree to be bound by these Terms.

You may not use the Purchase Services if:

  • You are not of legal age to form a binding contract; or
  • You are barred from using the Purchase Services under any applicable laws of New Zealand or relevant jurisdictions.

Your Obligations as a Member

As a Member, you agree to:

  • Use the Purchase Services only for lawful purposes and in accordance with these Terms;
  • Maintain the confidentiality of your login credentials;
  • Notify us of any unauthorised use of your account or security breach;
  • Use the Website for personal use only;
  • Not engage in unlawful or prohibited activities (e.g. spamming, scraping, or framing);
  • Accept that unauthorised commercial use, such as unsolicited advertising, may be removed without notice;
  • Refrain from using automated systems to access the Website without permission.

Purchase of Products and Returns Policy

By purchasing a Product via the Website, you agree to pay the listed price (“Purchase Price”) through our payment gateway provider, Shopify. By using Shopify, you also agree to comply with their terms and conditions.

Once payment is confirmed, you will receive a confirmation email and receipt. We may retain a record of your transaction.

Returns & Refunds

Returns are accepted within 30 days of delivery, provided the product is unused, in saleable condition, and in original packaging. Return shipping is at the customer’s expense unless the item is faulty.

Warranty

Our Products come with guarantees under the Consumer Guarantees Act 1993 (NZ).

You are entitled to:

  • A replacement or refund for a major product failure;
  • Repair or replacement if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Warranty claims must be made within 90 days of purchase. To claim, please:

  • Provide proof of purchase;
  • Describe the fault and send your request to:
    📧 hello@floofnfluff.com

Warranty excludes normal wear and tear, misuse, or damage caused by unauthorised modification. Any statutory warranties will remain unaffected.

Delivery

Delivery (“Delivery Services”) is arranged via third-party logistics providers (“Delivery Service Providers”). While we facilitate the delivery process, we are not liable for any loss or damage incurred in transit.

In the case of delivery issues:

  • Contact the Delivery Service Provider directly for claims;
  • Notify us at hello@floofnfluff.com so we can assess and assist.

Copyright and Intellectual Property

All content on the Website, including text, graphics, logos, images, and software, is the property of Floof n Fluff Ltd or its licensors and is protected by intellectual property laws.

You may not, without our prior written consent:

  • Republish, reproduce, adapt, distribute, display, or create derivative works from any Website content.

This excludes content clearly marked as reusable or in the public domain.

Privacy

Your personal information is collected and managed in accordance with our Privacy Policy. By using our Website, you consent to the collection, use, and disclosure of your personal information as outlined in our Privacy Policy.

General Disclaimer

While we aim to provide accurate and up-to-date information, we make no representations or warranties about:

  • The accuracy, completeness, or suitability of any information on the Website;
  • Product appearance (e.g. colours or packaging) due to screen differences;
  • Availability or delivery timeframes of Products.

All Products and services are provided "as is" and "as available", subject to applicable consumer laws in New Zealand.

To the fullest extent permitted by law, we exclude liability for any indirect, special, or consequential loss or damage (including loss of profit or opportunity).

Limitation of Liability

Floof n Fluff Ltd’s total liability arising out of your use of the Website or purchase of Products is limited to the Purchase Price paid for the relevant Product or the resupply of the service.

We are not liable for:

  • Loss of profits or goodwill;
  • Interruption to your access or service;
  • User-generated or third-party content on the Website;
  • Delays or failures caused by third-party delivery providers.

Termination of Contract

You may terminate your agreement with us at any time by:

  • Providing written notice; and
  • Closing your account.

We may suspend or terminate access if:

  • You breach any part of these Terms;
  • We are required to do so by law;
  • Our services are no longer commercially viable.

Termination does not affect obligations or rights accrued prior to the termination date.

Indemnity

You agree to indemnify and hold harmless Floof n Fluff Ltd, its directors, officers, employees, and affiliates from any claims, damages, losses, or costs (including legal fees) arising from:

  • Your use of the Website;
  • Your breach of these Terms;
  • Your violation of any third-party rights.

Dispute Resolution

Notice of Dispute

If a dispute arises, you agree to notify us in writing at hello@floofnfluff.com, including:

  • The nature of the dispute;
  • The outcome you seek;
  • Any relevant supporting information.

Resolution Process

Both parties agree to attempt to resolve disputes in good faith within 14 business days of receiving the notice. If unresolved, the parties may agree to mediate through an independent mediator in Auckland, New Zealand. Each party will bear their own costs unless otherwise agreed.

Venue and Jurisdiction

These Terms are governed by the laws of New Zealand. Any disputes must be resolved in the appropriate courts of New Zealand.

Governing Law

This agreement is governed by and must be interpreted in accordance with New Zealand law. These Terms are binding on your successors and assigns.

Independent Legal Advice

Each party confirms they have had the opportunity to seek independent legal advice before agreeing to these Terms.

Severance

If any provision of these Terms is found to be invalid, illegal, or unenforceable, it will be severed, and the remaining Terms will continue to apply in full force.