These terms and conditions (the “Terms and Conditions”) govern the use of https://filthydog.co.nz/(the “Site”). This Site is owned and operated by Ben & Wen Ltd. This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Ben Craig and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Harass or mistreat other users of our Site;
• Violate the rights of other users of our Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site;
• Act in any way that could be considered fraudulent; or
• Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Contributions

Users may post the following information on our Site:

• Photos; and
• Public comments.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Accounts

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods And Services

These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site:

• Vehicle Decals.

The following services are available on our Site:

• Graphic Design.

The services will be paid for in full upon the completion of the service. These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

User Goods and Services

Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.

Payments

We accept the following payment methods on our Site:

• Credit/Debit Card; https://www.anz.co.nz/business/manage-your-banking/receive-payments/egate/
• PayPal; https://www.paypal.com/
• POLi Pay. https://www.polipay.co.nz/

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

• Standard Post – Untracked. Delivery takes 4 – 6 business days;
• Courier Post – Tracked. Delivery takes 1 – 2 business days; or
• Parcel Post – Tracked. Delivery takes 2 – 3 business days.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Returns

Our returns policy lasts 30 days. If 30 days has gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Additional non-returnable items:

• Gift cards

To complete your return, we require a receipt or proof of purchase. There are certain situations where only partial refunds are granted:

• Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
• Any item that is returned more than 30 days after delivery.

Refunds

Requests for refunds must be made within 30 days after receipt of your goods. We do not have to give a refund if you change your mind about a purchase — so please choose carefully. If the product you have bought is faulty, we will provide a remedy as required by the Consumer Guarantees Act. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment as soon as possible.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund to be processed. Next contact your bank. There is often some processing time before a refund is processed. If you’ve done all of this and you still have not received your refund yet, please contact us at info@filthydog.co.nz.

Sale Items

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at info@filthydog.co.nz and send your item to: PO Box 8131, Kensington, Whangārei, 0145.

Shipping

To return your product, you should mail your product to: PO Box 8131, Kensington, Whangārei, 0145. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. Please consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Refund for Services

All services sold on our site are non-refundable.

Guarantee/Warranty

Everything we sell comes with a minimum 12 month warranty, and for some items we offer even longer warranties. Additional details can be found in the product description. Our standard warranty process is as follows. However all warranty claims are treated on a case by case basis and we do our best to resolve issues in an efficient manner.

1. Contact us will all relevant information. It will help if you are able to send us photos or verification of the issue.
2. For defect products we may send a replacement item or offer store credit/refund.

We will always endeavour to repair or replace faulty goods within their warranty period. If we cannot do this within a reasonable period of time we will offer store credit or a refund. Exception may be made in the case of damage to or misuse of the item. This includes negligent operation, improper application, inadequate maintenance, unauthorised repairs, storm damage and modifications. Limits in cover will apply for businesses. Proof of purchase is required and warranties are not transferable. Freight damage or missing parts must be reported to us within 24 hours of delivery. All warranty claims must first be approved by a Filthy Dog Decals representative.

Consumers

Under the Consumer Guarantees Act 1993 (‘CGA’), you have guaranteed legal rights for goods [and services] you buy. These are called ‘consumer guarantees’, and include the following:

1.  A guarantee that the goods are of acceptable quality, such that the goods are:
   • fit for all the purposes for which goods of that type are commonly supplied;
   • free from minor defects;
   • safe;
   • durable; and
   • acceptable in appearance and finish.
2. A guarantee that the goods are fit for any particular purpose made known by you, or for which we represent that they are or will be fit;
   • A guarantee that the goods correspond with any description with which the goods are supplied; and
   • A guarantee that the goods correspond with any sample or demonstration model where the goods are supplied by reference to such sample or model.

If the goods we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy. The CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.

Businesses

If you are acquiring goods (or services) from Filthy Dog Decals for business purposes as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods (or services).

Consumer Protection Law

Where the Consumer Guarantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

Ben Craig and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Ben Craig and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of New Zealand.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns.
Our contact details are as follows: info@filthydog.co.nz PO Box 8131, Kensington, Whangārei 0145 You can also contact us through the contact us page.