Animal & Livestock Marketplace
Seller Terms and Conditions
New Zealand · Draft Version 1.0
- Platform operator
- [Insert registered business name]
- Effective date
- [Insert date]
1. Acceptance of Terms
By registering as a seller, advertising an animal, or offering any animal for sale through this platform, you confirm that:
- You are at least 18 years of age.
- You have read, understood and accepted these Terms and Conditions.
- You are legally entitled to sell the animals you advertise.
- All information you provide is truthful, accurate and complete.
- You agree to comply with all applicable New Zealand laws and regulations.
These conditions apply to private individuals, farmers, breeders, livestock agents, businesses and any other person advertising animals.
2. Animals Permitted for Sale
Subject to platform approval, animals may include:
- Cattle, bulls, cows, calves and other livestock
- Sheep, rams, ewes and lambs
- Deer, goats and pigs
- Horses, ponies and donkeys
- Farm working dogs and puppies
- Pig-hunting dogs and puppies
- Other domestic or farmed animals approved by the platform
The platform may refuse listings for species requiring specialist permits, protected wildlife, illegally possessed animals, or animals whose sale is prohibited by law.
3. Legal Ownership
Every seller must confirm that:
- They legally own the animal or have documented authority to sell it.
- The animal is not stolen, unlawfully possessed or subject to an undisclosed ownership dispute.
- Any finance, security interest, lease, breeding agreement, ownership restriction or third-party claim affecting the sale has been disclosed.
- They have authority to transfer ownership to the buyer.
The platform may request supporting documentation and suspend any listing where ownership is reasonably disputed.
4. Honest and Accurate Advertising
All advertisements must accurately represent the animal or animals offered for sale.
Sellers must disclose, where known and relevant:
- Species, breed, sex, age and identification details
- Quantity, location and asking price
- Health conditions, injuries, defects and disabilities
- Breeding and pregnancy status
- Disease history and applicable testing information
- Temperament, behavioural problems and handling risks
- Training, experience and performance, where claimed
- Any restrictions affecting movement or sale
Advertisements must not contain materially false, exaggerated or misleading claims.
Photographs and videos must accurately represent the animals being advertised. Stock images, altered performance footage or photographs of unrelated animals must not be presented as the actual animals being sold.
5. Animal Health and Welfare
Every seller must comply with applicable obligations under the Animal Welfare Act 1999, animal welfare regulations and relevant codes of welfare.
Sellers must:
- Provide appropriate food, water, shelter, care and handling.
- Disclose material known health and welfare issues.
- Not knowingly misrepresent the health or condition of an animal.
- Not arrange transport that breaches applicable animal welfare requirements.
- Not offer an animal for unlawful slaughter, abuse, fighting or other prohibited purposes.
The platform reserves the right to remove listings and suspend accounts where credible animal welfare concerns arise.
6. Livestock Compliance: NAIT, ASD and Biosecurity
Where relevant to the species and transaction, sellers are responsible for complying with:
- National Animal Identification and Tracing (NAIT) requirements
- Animal Status Declaration (ASD) requirements
- TBfree requirements and movement restrictions
- Applicable animal identification and registration rules
- Biosecurity orders, disease controls and movement restrictions
- Any required transport declarations and documentation
Sellers of cattle and deer must ensure that applicable NAIT identification, registration and movement requirements are satisfied, subject to lawful exemptions.
Sellers must disclose applicable TB status and testing information, including movement control restrictions where required.
Sellers of other livestock must provide the required species-specific declarations and documentation.
The platform does not replace NAIT, OSPRI or any government animal traceability system.
7. Dogs, Working Dogs and Hunting Dogs
All dog sellers must comply with the Dog Control Act 1996 and applicable animal welfare requirements.
Sellers must accurately describe:
- Age, breed or crossbreed, and sex
- Registration and microchip details, where applicable
- Known health conditions
- Known aggression, biting or stock-worrying behaviour
- Dangerous or menacing classification, where applicable
- Working or hunting experience and training level
Working ability must not be knowingly exaggerated.
A dog advertised as fully trained, started, experienced, proven or suitable for a specific job must have an honest and reasonable basis for that description.
Both parties remain responsible for completing legally required ownership-transfer notifications.
8. Puppies and Young Animals
As an additional platform welfare policy:
- Puppies may be advertised before they are ready for rehoming.
- Puppies must not be transferred to a new owner before eight weeks of age.
- Puppies must be independently feeding and suitable for rehoming.
- Known health, inherited or developmental concerns must be disclosed.
- Advertisements for young animals must accurately state their age and expected availability.
- Sellers must comply with any additional legal requirements applicable to other young livestock species.
The platform may request evidence of age, breeding details or veterinary documentation.
9. Working Ability, Breeding and Performance Claims
Where animals are advertised for farming, hunting, breeding or other specialised purposes, sellers must accurately describe any claimed abilities.
Examples include:
- Heading and huntaway ability
- Sheep and cattle working ability
- Pig finding, bailing, holding and tracking ability
- Horse handling, riding and competition experience
- Bull fertility and breeding soundness
- Livestock pedigree and production records
Where an advertisement claims a formal test result, pedigree, registration, breeding status or verified performance record, the seller must have reasonable supporting evidence.
The platform may allow sellers to upload supporting videos, breeding certificates, veterinary records and other relevant documents.
10. Pricing, Deposits and Payment
Sellers must clearly state the asking price, whether GST is included or excluded where applicable, and any additional charges.
Where buyers and sellers arrange payment directly:
- The seller and buyer are responsible for agreeing on the payment method.
- Deposits, payment deadlines and cancellation conditions must be agreed before payment.
- Sellers must not demand undisclosed fees.
- The platform is not a party to the purchase contract solely because the parties met through the platform.
Unless the platform expressly introduces and confirms a separate payment service, it does not hold purchase funds or provide an escrow guarantee.
11. Inspection and Buyer Responsibility
Buyers should be given a reasonable opportunity to inspect animals or arrange an appropriate independent assessment before purchase, subject to animal welfare, health and biosecurity requirements.
Sellers must not knowingly prevent disclosure of material defects or misrepresent inspection results.
Buyers are encouraged to verify identification, health, breeding, training, ownership and applicable movement documentation.
Nothing in this agreement removes consumer rights that cannot lawfully be excluded.
12. Transport, Collection and Handover
Sellers and buyers must agree on:
- Collection or delivery arrangements
- Transport costs
- Required animal identification and documentation
- Responsibility for loading and unloading
- The agreed time and place of handover
- When ownership and risk will transfer, subject to applicable law
All transport must comply with New Zealand animal welfare and biosecurity requirements.
An animal that is unfit for its intended journey must not be presented for transport contrary to law.
13. Commercial and Private Sellers
Sellers must accurately identify whether they are selling privately or in trade.
Commercial sellers must comply with applicable obligations under the Fair Trading Act 1986 and Consumer Guarantees Act 1993.
Sellers must not falsely identify themselves as private sellers to avoid consumer obligations.
Nothing in these Terms excludes or limits rights or obligations that cannot lawfully be excluded.
14. Seller Reviews and Ratings
The platform may operate a buyer and seller feedback system.
Users must not:
- Submit knowingly false reviews
- Purchase or manipulate ratings
- Intimidate others into providing positive feedback
- Publish malicious or discriminatory material
- Impersonate buyers or sellers
- Misrepresent completed transactions
The platform may investigate disputed reviews and remove reviews that breach its published moderation policy.
A seller rating does not constitute a warranty or guarantee by the platform.
15. Prohibited Behaviour
The following are prohibited:
- Advertising stolen animals
- Fraudulent or misleading listings
- Knowingly concealing material defects or disease
- Advertising animals that cannot lawfully be sold
- Animal cruelty or unlawful animal fighting
- False identity or ownership documents
- Listing animals without the owner's authority
- Harassment, threats, scams or fraudulent payment requests
- Deliberately circumventing legal identification or movement controls
Serious suspected breaches may be reported to the appropriate authorities.
16. Platform Monitoring and Enforcement
The platform may, acting reasonably and in accordance with applicable law:
- Request verification information.
- Reject, edit or remove listings that breach its rules.
- Temporarily suspend accounts while investigating credible complaints.
- Restrict or permanently close accounts for serious or repeated breaches.
- Cooperate with lawful requests from enforcement agencies.
Where reasonably practicable, users will receive an explanation and an opportunity to respond or appeal.
17. Responsibility and Liability
Sellers remain responsible for their animals, advertisements, statements, legal compliance and obligations arising from their transactions.
The platform provides advertising, discovery and communication services and does not generally inspect or independently verify every animal or seller.
The platform does not guarantee the health, ownership, breeding, temperament, training or performance of any advertised animal unless an express guarantee is separately provided.
To the extent permitted by law, the platform is not responsible for losses arising solely from disputes between independent buyers and sellers.
Nothing in this section excludes the platform's own legal obligations, liability that cannot lawfully be excluded, or remedies available under applicable consumer law.
18. Personal Information and Verification
The platform may collect relevant account, contact, identity-verification, listing and transaction-related information in accordance with its Privacy Policy and New Zealand privacy law.
Users must provide accurate information and must not disclose another person's private information without lawful authority.
Personal information will only be used and disclosed as permitted by law and the published Privacy Policy.
19. Changes to These Terms
The platform may update these terms to reflect changes in law, platform services, safety requirements or operating procedures.
Users will be notified of material changes within a reasonable period. Where required, renewed acceptance will be obtained.
The version accepted by each seller will be recorded.
20. Governing Law
These Terms and Conditions are governed by the laws of New Zealand.
Disputes will be handled subject to applicable New Zealand law, including any statutory dispute-resolution rights and court jurisdiction.
21. Seller Declaration
Before publishing an animal advertisement, every seller must confirm:
I declare that:
- I am legally entitled to advertise and sell the animal or animals listed.
- My advertisement is truthful and accurate to the best of my knowledge.
- I have disclosed material known health, behavioural, ownership and performance issues.
- I will meet applicable animal welfare, identification, biosecurity and transport obligations.
- I have correctly declared whether I am selling privately or in trade.
- I understand that fraudulent advertising, unlawful selling and animal welfare breaches may result in removal or suspension.
- I agree to the Seller Terms and Conditions and understand that my acceptance may be recorded electronically.
I Agree and Continue
Draft Version 1.0 — Prepared for legal review before commercial use. The business name, fee policy, Privacy Policy, complaints process and platform operating arrangements must be finalised before publication.
