Terms & Conditions 

General Terms & Conditions

For full Terms of Service including Privacy Policy please see further down this page.

1 Orders
1.1 To place an order for any goods you must either: Follow the procedures set out on the Appletons website or speak to an Appletons team member instore or by calling our number. 
1.2 Each order shall be an offer by you to purchase goods or services subject to our terms and conditions.
1.3 By placing an order with us you acknowledge that you are obligated to pay in full for the goods or services ordered once you have submitted your order.
1.4 All prices are displayed in NZ dollars and are inclusive of gst.
1.5 It is your responsibility to ensure that all details you provide to us are true and accurate, including any information saved on our systems used in processing your order. You can update this information by logging into your account. Appletons is not liable for any loss or inconvenience you incur directly or indirectly by incorrect information that you have provided to us.
1.6  Upon completing the checkout process on our website, you will be shown a summary of your order. This does does not constitute acceptance of your order.
1.7 When placing an order with Appletons, you must provide a working contact telephone number and valid email address so we may contact you to address any issues with your order.
1.8 When placing an order with Appletons online you should receive an automated order confirmation. This order confirmation does not constitute acceptance of your order.
1.9 If you receive an invoice or pro-forma invoice from Appletons, this does not constitute acceptance of your order.
1.10 Acceptance of your order occurs only at the point where your order is dispatched from our premises.
1.11 We maintain the right to reject or cancel any order at any point prior to delivery without providing a reason. If you have provided payment prior to this point, we will issue a refund up to but not exceeding the total of your payments as soon as is reasonably possible.
1.12 All goods remain the property of Appletons until such a time that the order has been accepted and we have received full payment of all sums due in respect of your order, including delivery and ancillary charges.
1.13 The goods will be your responsibility from the point where you or your nominated representative (including third-party couriers you have arranged) take physical possession of the goods.
 1.14 We cannot be held responsible for any negligence or misconduct on the part of our carriers and couriers.

2 Communications
2.1 By placing an order with Appletons, you consent for us to contact you in relation to the processing and fulfillment of your order, including follow-up communications to assist us in assessing our performance. This does not include marketing communications, which you may opt out of at any time.
2.2 Email communications will be sent from email addresses in the chooks.co.nz domain and via shopifyemail.com and their associated apps. It is your responsibility to ensure that any email filtering services utilised by you or your email service provider are configured to allow these messages to be delivered normally.

3 Availability and Specification
3.1 All goods are advertised for sale subject to availability. In the event of us being unable to supply the goods ordered, we will inform you as soon as is reasonably possible.
3.2 In the event that items are out of stock but more stock is expected in the future, we will dispatch your order as soon as we are able.
 3.3 Appletons makes reasonable efforts to ensure that any stock availability information displayed on our website is accurate, but stock figures should be viewed as an estimate only.
 3.4 Where goods are unavailable for any reason we will notify you via email or telephone and offer you the option to go with a substitute of your choosing or you can opt for a refund.
 3.5 If you order medication, cleaning products, general pet health products or other substances where the design of the external container or packaging is not relevant to the functionality of the product, or in the event that that our supplier changes the external design of the packaging, we reserve the right to supply the same product in alternative packaging.

4 Colours, Sizes and Measurements
4.1 All sizes, colours, and measurements shown on our website are approximate.
 4.2 We cannot be held liable if the appearance or experience of any product featured on our website differs from that which is intended when viewed on your computer, tablet, phone or other device.

5 Delivery
5.1 We use Post Haste Couriers to deliver all our courier orders and Mainfreight delivers all larger consignments.
5.2 Any delivery date provided to you is an estimate only. We cannot guarantee a particular delivery date and accept no liability for any costs or inconvenience incurred if your order arrives before or after this date.
 5.3 When your goods have been dispatched we will attempt to notify you via e-mail. In addition, our courier may send you an e-mail notifying you of your tracking number and that your order has been picked up.
5.4 Appletons cannot be held responsible for any delivery estimates provided to you directly by our couriers.
 5.5 Our couriers will make reasonable efforts to deliver your goods.
 5.6 If you are aware of any reason why access to the delivery address may be restricted or difficult for our courier, it is your responsibility to inform us at the point where you place your order.
 5.7 It is your responsibility to ensure that someone is available at the delivery address to accept the goods. We cannot accept any liability for costs or inconvenience incurred if no-one is present at the delivery address when our nominated delivery service attempts to deliver your order. In the event that our courier is unable to deliver your goods because you are not present, you may be held liable for any additional delivery charges incurred.
5.8 We cannot be liable for any delays or failures to deliver good or services if the delay or failure is partially or completely caused by circumstances outside our control.
5.9 If you request that your order be left at the delivery address without obtaining a signature, this is done by our courier at their discretion and cannot be guaranteed.
5.10 If you request that your order be left at the delivery address without obtaining a signature, you are considered to have taken physical possession of the goods at the moment they leave the courier’s possession.
 5.11 Any delivery costs displayed on our website, or in any communications between you and Appletons up to the point of order acceptance should be considered an estimate only.
5.12 In the event that we incur additional expenses due to you providing incomplete or misleading information, we reserve the right to recover those costs from you at any time.
5.13 For all information on delivery of timber housing read  our Shipping tab and Timber Housing and List of Depots tab prior to placing your order.

6 Postage and Packing
6.1 Unless otherwise stated, postage and packing will be charged in addition to the price of the goods themselves and will vary according to the delivery address, weight and size of the goods ordered.
6.2 For full details on shipping please see our Shipping tab in our footer menu.

7 Payment
7.1 Full payment for any goods ordered must be made by credit, debit card or bank transfer in advance of delivery. We do not accept cheques. All prices are in NZ dollars.
7.2 If you have provided credit or debit card details, we will debit your card in advance of the dispatch of your order. We reserve the right to take payment at any point from the moment you make an offer to purchase goods or services from Appletons.

9 Pricing
9.1 While we always try to make reasonable efforts that the prices displayed on our website or promotional materials are accurate, we accept no liability for any errors or omissions.
9.2 If through some error an item has been listed at a lower price and you order that product, we will contact you as soon as we are able so you can accept the correct price or cancel your order. If we are unable to contact you, we will cancel your order. If you choose to cancel your order, we will issue you with a refund not exceeding the total of your original payment.

10 Your Right To Cancel 
10.1 All goods (excluding hatching eggs, livestock and certain specified products) are delivered with a 30-day money-back guarantee in addition to your rights under the NZ Consumer Guarantees Act. The 30 day right of return starts from the date delivered or items collected in store.
10.2 If you elect to cancel your order, you must return any items received in accordance with the policy below (‘Returns’).
10.3 In the event you return goods under this provision and we discover that they have been used, we may choose to make appropriate deductions from your refund.
10.4 Please note that perishable items such as food (including pet food such as chicken food or treats) are specifically excluded from this policy, except in cases of faulty or damaged goods as described below.

11 Order Cancellations
11.1 If you wish to cancel an order, you must notify us via e-mail or telephone as soon as possible.
11.2 If your order has already been passed to fulfillment for processing, we may be unable to prevent it from being dispatched. In this event, you will receive the goods and should arrange to return them in accordance with the policy below (‘Returns’).
11.2 If you place an order and we receive no payment or no replies to our emails we will follow up with a cancellation email 10 days after the date the order was placed informing you that your order has been cancelled.
11.3 All our timber housing is made to order. If you wish to cancel your timber housing order and your order is already in production, we charge a $250 cancellation fee.
11.4 All completed timber housing not collected from our yard within 6 months of the order date will surrender the total paid to date on the order. The total paid is not refundable.
11.5 If you wish to cancel your order for hatching eggs there will be no refund nor do we offer offer refunds on livestock.

12 Faulty or Damaged Goods
12.1 If goods are found to be faulty or damaged upon delivery, are not as described, or not of satisfactory quality, please contact Appletons immediately.
12.2 For all damaged timber housing deliveries please contact us and Mainfreight immediately. For full details click here 
12.3 It is always our preference to work with customers to resolve any issues with their products by providing a repair or replacement.
12.6 All faulty or damaged goods must be returned according to returns procedure below.
12.7 In the event that any of our products are placed in direct sunlight for extended periods of time, some fading to colours may occur. This is a natural process and does not indicate a product fault.
12.8 Products must be assembled and used in the manner described in the instructions provided.
12.9 Appletons is not responsible for any ancillary damaged caused by the improper use or assembly of products.

13 Returns
13.1 Prior to returning items to Appletons, you must obtain a return authorisation by contacting us either by telephone, via email at info@chooks.co.nz or by writing to us at the address below.
13.2 Any goods returned to us for refund must be in 'as new' unused condition in original packaging together with receipt of purchase and be returned within the 30 day window.
13.3 All Omlet KITSET returns that have been opened will incur a checking and restocking fee.
13.4 We do not offer refunds on Omlet Fencing, Omlet Covers and Livestock.
13.5 We do not accept returns on products that have been assembled and used.
13.6 Please note shipping costs and the cost of returns are non-refundable. If so requested, we may collect the goods being returned but the cost of the collection will be charged to you and may be deducted from any refund given.
13.7 After receiving authorisation for a return, you must ensure that all items to be returned are securely packaged in either their original packaging or equivalent. Appletons cannot be held responsible for any damage, loss, or costs incurred due to inadequate packaging.
13.8 All packages returned to us must be clearly marked with your order number, and with a slip of paper in each box displaying your name, contact telephone number and order number. If you return items without providing reasonable identifying information, this is done entirely at your own risk and we cannot accept any liability in event that we are unable to locate your return.
13.9 Upon receiving authorisation for a return, Appletons will either provide a Post Haste return label or arrange for collection of the items via our Carrier. If you choose to arrange your own courier, this is done entirely at your own risk and at your own cost.
13.10 It is your responsibility to obtain proof of postage or a collection receipt. In the event that any dispute arises as to whether the designated courier has collected items to be returned and you are unable to provide proof of postage, we will be unable to accept any liability.
13.11 We will endeavour to refund you for items returned within seven working days of Appletons receiving the goods, but in any event within 14 working days. 

14 Refunds
14.1 From the 1st February 2021 we can no longer absorb the Shopify online card commission fee on cancelled orders.  If you wish to cancel an order or cancel any item/s on an order and have paid by card we will refund the necessary amount less the 3% Shopify card commission fee back to your card. This does not apply to orders paid via internet banking.

15 Quotations
15.1 All quotes are valid for 30 days.

16 Layby
16.1  Layby is a popular way to buy goods when you can’t afford to pay for them straight away.
16.2 Your goods are kept at the shop until the whole price (including shipping) has been paid off and no interest is added to the price.
16.3 You agree to pay for them in three or more equal instalments within a 4 month timeframe (16 weeks).
16.4 Payments are to be made via internet banking.
16.5  Payment needs to be on time and the same day each week or fortnight.
16.6 Payment dates cannot be missed. If the first payment is delayed or postponed we have the right to cancel the order and not proceed with the layby option.
16.7 If two or more payments are skipped we have the right to cancel the order and charge an admin fee of $60.00
16.8 We do not accept credit card payments for layby.
16.9 You can cancel a layby before you have finished paying for it or before you take the goods. In this case you must inform us by calling at the shop, writing a letter or sending an email.
16.10 Should you choose to cancel we will refund your money less a $60 administration fee.

17 E-Gift Cards
17.1 If you have an unused E-Gift Voucher dating back to pre-2019 from issued via our previous website please let us know and we are more than happy to help assist when you next order. 17.2 These older E- gift vouchers will be valid until the end of 2022. Please ring Fionna on 03 5423224. 

18 Privacy
18.1 We will attempt to make all reasonable efforts to keep your personal details, the details of your order, the details of your payment and any other information we hold about you secure.
18.2 When creating an account, we may create a password for you, or you may be asked to enter a new password. In the event that you are asked to create a new password, you must not use this password for any other purpose. It is your responsibility to maintain the secrecy of your password and other information. Appletons cannot be held liable for any inconvenience or loss that occurs as a result of any failures by you to protect your details, password or other Appletons Website account.

19 Viewing of Poultry
19.1 Our poultry is not open to the public for viewing.
19.2 Customers are are most welcome to look at our Omlet range of chicken coops and hutches on display (please note we have currently none on display as we have recently relocated our shop) and view any day old chicks and/or ducklings if we have some in the shop.
19.3 Our shop is open 5 days a week. Please see our opening hours in the website footer.
19.4 We do not have any timber animal housing on display and available to view. Thank you.

20 Chook Consultancy
20.1 We are very happy to travel out to your place (if not too far!) and talk to you about your chicken project and plans. Travel time will be charged plus vehicle/fuel charges at $1.50 per km. An Appletons consultation is $120 plus gst per hour.

21 Our Details

Our address:
Appletons,
270 Mount Heslington Road,
Brightwater,

Tasman, 7091

Our Email Address:
info@chooks.co.nz

Our Telephone Number:
03 5423224

22 Complaints
22.1 In the event of any complaint please contact us at the address above.

Terms of Service

OVERVIEW
This website is operated by Appletons Animal Housing and Pet Supplies (Appletons) also sometimes known as Chooks. Throughout the site, the terms “we”, “us” and “our” refer to Appletons. Appletons offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


We are proud to be a New Zealand owned company. Thank you and we look forward to doing business with you.

1. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your region of residence, or that you are the age of majority in your region of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

7. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

8.  THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please see below.

11. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Appletons, our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Appletons and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

15. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

16. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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

19. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

20. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@chooks.co.nz

Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from chooks.co.nz (the “Site”). Personal information we collect When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. We collect Device Information using the following technologies: - “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. - “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. - “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site. Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”. When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information. How do we use your personal information? We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: - Communicate with you; - Screen our orders for potential risk or fraud; and - When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). Sharing you personal Information We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. Behavioural advertising As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You can opt out of targeted advertising by using the links below: - Facebook: https://www.facebook.com/settings/?tab=ads - Google: https://www.google.com/settings/ads/anonymous - Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/. Do not track Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. Data retention When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. Changes We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. Contact us For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at info@chooks.co.nz or by mail using the details provided below: Appletons Animal Housing and Pet Supplies [Re: Privacy Compliance Officer] Applejack Ltd., 270 Mt Heslington Road, RD1, Brightwater, 7091, Nelson, New Zealand

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