GENERAL CUSTOMER TERMS & CONDITIONS OF SALE 

 

These customer terms and conditions of sale (“Terms”) are issued by The Warehouse Group and are effective from 25 October 2022.

 

By “The Warehouse Group” we mean the following companies and their associated brands:

 

·       The Warehouse Limited, including The Warehouse, Warehouse Stationery, Noel Leeming and MarketClub

·       Torpedo7 Limited

·       TheMarket.com Limited, including TheMarket and 1-day

 

In these Terms, we refer to The Warehouse Group as “we”, “us”, “our”, or “Group” and we refer to each company (and each associated brand) within The Warehouse Group as a “Group Entity”.

 

These Terms comprise of:

·       General Terms, which apply to all Group Entities and your use of each Group Entity’s Websites and Platforms, Stores and Services (each defined below); and

·       Specific Terms, which apply to a specific Group Entity and your use of that specific Group Entity’s Websites and Platforms, Stores and Services.   

 

We are proud to be able to provide customers with the choice to purchase goods from a wide range of sources. In addition to enabling you to purchase goods directly from our Group Entities, we also provide the ability for you to purchase goods from independent third party sellers (“Third Party Sellers” or “3P Sellers”), directly via our Websites and Platforms. We are committed to keeping your shopping experience as easy as possible, regardless of whether you purchase from us, or from a 3P Seller. However, at times, processes and your purchasing experience may be different. Where relevant, these Terms also set out what you can expect when purchasing goods from a 3P Seller.

 

By using, visiting or participating in (as applicable) any of our websites, platforms, mobile sites, apps, social media pages (“Websites and Platforms”), stores, store services (including Wi-Fi), database, promotions or membership programmes (“Stores and Services”), you accept these Terms and our Group Privacy Statement. By placing an order to purchase goods from a 3P Seller, you agree that personal information that is necessary to fulfil your order will be disclosed to the 3P Seller, and that the terms of the 3P Seller’s Privacy Policy will also apply. 

 

We may change these Terms at any time, and changes will be posted on our Websites and Platforms. We will notify you where there are any material changes to these Terms.  By continuing to use any of our Websites and Platforms and/or purchase goods or services from us, you continue to agree to these Terms and are bound by any changes to them.

 

Please read these Terms carefully. If you need to refer to them again, they can be accessed via our Websites and Platforms.

  

1.         Purchasing goods from 3P Sellers

The following terms apply when purchasing goods from 3P Sellers via our Websites and Platforms. Where there is any inconsistency between the terms in this clause and the remainder of these Terms, the terms in this clause will take priority.  

 

·       In addition to selling our goods, we also provide the ability for 3P Sellers to sell their goods via our Websites and Platforms. Where goods are being sold by a 3P Seller, the listing will include the 3P Seller’s details in addition to any terms of sale specific to the 3P Sellers’s goods (for example, estimated delivery timeframes and delivery costs). You can identify whether a good is sold by a Group Entity or by a 3P Seller by looking for ‘Sold and Shipped by’ (or similar language) when browsing our Websites and Platforms.

·       By purchasing goods from a 3P Seller, you are transacting directly with the 3P Seller, and The Warehouse Group is not a party to the transaction. As a result, The Warehouse Group does not control any aspect of the transaction, including the listing content, the accuracy or the quality, shipping or delivery of goods. Delivery times are set by 3P Sellers and therefore vary depending on which 3P Seller you are purchasing from.

·       You agree that where you are purchasing goods from 3P Sellers, The Warehouse Group is not responsible for the transactions that occur between you and the 3P Seller, nor are we responsible for the 3P Seller’s goods or associated services, to the extent permitted by law. We make no warranty or representation regarding any goods or services to be supplied by the 3P Seller. Nothing in this clause is intended to have the effect of restricting or modifying your rights or our obligations that cannot be restricted or modified by law (including the Consumer Guarantees Act 1993).

·       Unless specified otherwise, promotions, offers, and deals advertised by our Group Entities do not apply to goods sold by 3P Sellers.

·       The following payment methods are not available for transactions in which goods are being purchased from a 3P Seller. Further, you agree not to attempt to make a purchase from a 3P Seller using the following payment methods.

(a)       The Warehouse Christmas Club

(b)       Gift Cards issued by Group Entities (except for purchases on TheMarket with a gift card issued by TheMarket).

 

2.         Placing Orders

Due to photographic and screen limitations, actual goods may differ to a small extent in visual appearance from the way they appear on our Websites and Platforms.

 

Any information contained on our Websites and Platforms constitutes an invitation to treat only and is not an offer to supply any goods or service.

 

When you place an order, you are making an offer to buy goods or services.

 

To order goods, add them to the shopping cart and proceed through the checkout process on the relevant Website or Platform. You will be required to provide delivery and payment information, and other information about your order. If this information is successfully provided, you will be led to a confirmation page with full details of your order (which you can use as a receipt of your order).

 

Some goods sold via our Websites and Platforms carry an age restriction. If a good you have selected is age restricted, you will be required to confirm that you are an appropriate age to purchase the good. Confirming this means you represent to us (and, if applicable, the 3P Seller) that you are of an eligible age and that you are not purchasing the good on behalf of a person who is not the appropriate age.

 

We will send you an e-mail to confirm that we have received and accepted your order and will take payment upon acceptance.

 

If you are ordering from a 3P Seller (including through TheMarket.com) payment will be taken prior to confirmation that the order has been accepted. However, if the 3P Seller rejects your order, you will be refunded in full.

 

3.         Fair Use Policy

All goods and services offered for sale on our Websites and Platforms, including those on sale, promotion or with any discounts on retail prices, are offered under our Fair Use Policy.

We reserve the right to place quantity limits on goods. Discount limits per customer and maximum savings per customer will be monitored for any suspected abuse of the Fair Use Policy.  Persistent abuse of our Fair Use Policy may result in suspension or termination of your customer accounts with us.

 

4.         Cancelling Orders

We reserve the right to cancel orders that we believe to be placed for commercial purposes or are fraudulent (including where we believe there may have been credit card or a payment related fraud) or otherwise breach our Fair Use Policy. We may also cancel orders where there has been an error in the listing of the good (e.g. an incorrect price, image or description of a good) and/or a stock complication arises.

 

If we cancel your order, you will be refunded in full to the purchasing account. Prior to any such cancellation, we may contact you and discuss appropriate changes to your order.

 

You can request to cancel your order (or part of your order) for any reason unless it has already been shipped. If we are able to successfully process your cancellation request before your order is shipped, you will receive a full refund of any payments you have made for that order. Please note that creating a cancellation request does not guarantee that your order will not be shipped.

 

Refer to the ‘Returns’ section below to find out about our returns policies.

 

5.         Pricing

Unless specified otherwise, all prices listed in store, on Websites and Platforms, are in New Zealand dollars and are inclusive of GST. Please note that prices may be altered at any time for any reason. Delivery charges may be listed separately. Online and in store pricing may differ.

 

Orders delivered from outside New Zealand (e.g. when purchasing from a 3P Seller) may be subject to duties or other charges. You will be responsible for paying such duties or other charges and acknowledge that delivery of orders may be delayed where payment of such duties or other charges is required. However, you may reject the notice to pay tax and duties or other charges, in which case your order will be cancelled and you will be refunded in full.

 

6.         Payment Methods

Please refer to the relevant brand’s Specific Terms for further information on available payment methods.

 

7.         Gift Card Terms and Conditions

The terms and conditions below specifically relate to the use of gift cards issued by our Group Entities (“Gift Card”).

·       Gift Cards have the following validity periods:

o   The Warehouse – 24 months after purchase or last recharge.

o   Warehouse Stationery – 24 months after purchase. 

o   Torpedo7 – 24 months after the last transaction. 

o   Noel Leeming - 5 years from purchase date.

o   TheMarket – eGift Cards are valid for 12 months from the purchase date.

·       Depending on which Group Entity issued the Gift Card, it may or may not be usable by you for purchases online.  Please refer to the relevant Specific Terms to find out more about whether your Gift Card can be used online.

·       Once the Gift Card is used, any unused value associated with the Gift Card will be either remain on the Gift Card or, if the Gift Card is an electronic gift card, any unused value will be reissued with a new code and will remain valid until the expiry date stated on the reissued Gift Card.

·       If your order exceeds the amount of your Gift Card, you must pay for the balance with an accepted method of payment. Only one Gift Card can be redeemed per transaction.

·       Gift Cards are non-refundable, non-returnable and cannot be redeemed for cash.

·       With the exception of purchases made on TheMarket.com using TheMarket e-Gift Card, Gift Cards cannot be used to purchase goods from 3P Sellers.

·       Gift cards cannot be used as payment on Finance balances.

·       Gift Cards will not be replaced if lost, stolen, or destroyed.

·       Each electronic Gift Card is identified by an individual code that must not be changed or copied by you.

·       You are not allowed to transfer, re-assign, or re-sell Gift Cards.

·       Balance information on Gift Cards can be found at the relevant Group Entity’s Website or Platform and/or via the scanning booth that issued the Gift Card (if applicable).

 

8.         Delivery of your order 

Deliveries must be to New Zealand addresses. Delivery lead times and delivery costs for goods may vary. Each item you purchase may have a lead time displayed on it indicating an estimated delivery date or time of your order.

 

After placing your order, you may be able to track its progress by logging into the relevant Website and Platform which will either display the progress of your order, or provide a link to the relevant carrier’s site (where you can check your order’s progress).  You will receive an email that confirms your order has been dispatched.

 

To ensure successful delivery, you must provide a delivery address where someone will be present during business hours. We will not be liable for late delivery where attempted delivery has occurred on or before the relevant delivery timeframe, or where an inappropriate form of delivery is selected for the goods purchased.   

 

‘Click and collect’ may be available when checking out on our Websites and Platforms.  Where it is available, you can select the store or collection point you want to collect your order from when you place your order. We will provide you with a collection reference that you’ll need to bring in store to collect your order.

 

If you live at a rural address, you must indicate that at checkout for your item to be delivered. Please note that if you don't select rural delivery but your order is being delivered to a rural address, this may result in a request for you to pay a rural delivery fee before your order is delivered. This additional fee is charged because rural delivery couriers are subcontracted to deliver your parcel from the nearest post office. These couriers then on-charge this fee.

 

9.         Returns

Refer to Specific Terms to find out more about the applicable returns policies.

 

10.       MarketClub

MarketClub is a membership programme run by The Warehouse Limited on behalf of the retail brands that operate under The Warehouse Group Limited. Click here for MarketClub terms and conditions.

 

 

11.       Security

We want you to have a safe and secure online shopping experience. All payments via our Websites and Platforms are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy. You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer. For security purposes certain transactions and interactions (e.g. Customer Care) may require proof of identification.

 

12.       Links

Our Websites and Platforms have links to third party websites. These sites have not been prepared by us and are not under our control. Any third party links are only provided for convenience and we are not responsible for the content or availability of any of these links.

 

13.       Accessing our Websites and Platforms and associated services

When you create an account, you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. If you suspect or become aware of any unauthorised use of your account, you must notify us immediately and take immediate steps to re-secure your account.

 

Other than connecting to our Websites and Platforms via HTTP requests using a web browser, or via one of our official apps, you must not, and must not attempt to:

·       gain access to our Website and Platform servers;

·       disrupt, modify or interfere with our Websites and Platforms, associated services or any associated software, hardware and servers in any way; 

·       modify any content or service on our Websites and Platforms.

·       use our Websites and Platforms in any inappropriate or unlawful way.

 

We do not warrant that our Websites and Platforms will be available at all times and without disruption. We may make changes to the content on our Websites and Platforms at any time without notice.

 

14.       User Generated Content Terms of Use

Some Group Entities may allow you to grant us permission or authorisation to feature your content through our Websites and Platforms or social media platforms.  Please take a moment to read through the terms of use below and our Group Privacy Statement before you grant permission or authorisation for us to feature your content. In these terms 'Content' refers to the image, photo, video, text, graphics or other content you have published on social media platforms (such as Facebook, Instagram, TikTok, Twitter, Snapchat, YouTube) or submitted or uploaded directly to social media platforms affiliated with The Warehouse Group and its subsidiaries and entities. "You" or "Author" refers to the author of the Content.

Submission of your Content and/or replying to our request to use your Content with the nominated acceptance response (e.g. #YesTheWarehouse) or by clicking 'I agree' or 'I accept' is deemed acceptance of these Terms of Use. These Terms of Use contain all the terms agreed between us regarding your Content. 

You agree that

·       you are at least 18 years of age or if you are under 18 years of age, you have your parent or legal guardian's permission to grant authorisation for us to feature your Content.

·       the Content is your own creation and you own or control all rights.

·       your Content does not infringe or violate the rights of any third parties - including, but not limited to, intellectual property rights, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations.

·       you have appropriate permission, rights, licenses, clearances and consent from any person(s) or other third-party appearing in the Content.

·       you are the parent/guardian with legal responsibility of any minors under 18 years of age depicted in the Content

·       the Content does not contain any other content that is or could be considered inappropriate, unsuitable or offensive, as determined at our sole discretion. 

 

Our use of your Content

·       You agree to grant us an unlimited, non-exclusive, worldwide, royalty-free, perpetual right and license to reproduce, edit, modify, publish, broadcast, distribute and otherwise use your Content in connection with advertising, publicity, promotional and marketing activities related to The Warehouse Group, its associated agencies, subsidiaries and entities.

·       This includes, but is not limited to, sharing and publishing your Content on social media pages, websites, newsletters, blogs, emails, mailers, signage, news media and other printed and online advertising. We may edit or modify your Content for formatting, navigation, integration or other purposes. We will endeavour to not materially distort your Content.

·       You acknowledge our use of your Content is without compensation or payment. You also grant us the right to publish your social profile information or other information you have submitted in connection with any use of your Content, including but not limited to your name, username, profile picture, likeness, original caption, biographical information and region. Use of your Content is at our sole discretion.

·       We have no obligation to use or feature your Content. We reserve the right to remove or stop using any Content at any time, for any reason. Use of your Content does not imply endorsement or affiliation with you. 

 

Copyright
You will retain ownership, copyright and intellectual property rights that you have in relation to your Content. We will endeavour to credit you when your Content is published, reproduced or otherwise used, where reasonably practicable. 

 

Moderation
We reserve the right to refuse Content, moderate or remove any Content submitted, for any reason at any time. Any Content which may be deemed libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful will be immediately moderated. We reserve the right to verify the validity of submissions and to remove any submissions where false or misleading details have been given by an Author or if an Author has behaved in a fraudulent or dishonest manner, or otherwise than in accordance with these Terms of Use. 

Limitations of Liability
You hereby release, discharge and agree to hold The Warehouse Group and their associated agencies, subsidiaries and entities harmless from any liability related in any way to the use of your Content. 

Additional terms
The use of your Content is in no way sponsored, endorsed, administered by or associated with any social platforms including Facebook, Instagram, TikTok, Twitter, Snapchat and YouTube.

 

15.       Intellectual Property

You acknowledge that as between you and us, we are the sole owner or licensee of all intellectual property rights in Websites and Platforms and all goods listed on them. We hold copyright in all content and elements of our Websites and Platforms. You must not copy, alter or reproduce any good, our content or logo, or our Websites and Platforms (or any part of them including any materials such as site design, text, graphics, interfaces etc), nor permit any person to do so without our prior written consent.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display, and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Websites and Platforms and developing your ideas and suggestions for improved goods and services that we provide.

 

16.       Disclaimer

Subject to the law, The Warehouse Group does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission on our Websites and Platforms or your use of the Websites and Platforms. You are solely responsible for the actions you take in reliance on the content on our Websites and Platforms, or accessed through, our Websites and Platforms.

 

To the extent permitted by New Zealand law, The Warehouse Group makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of our Websites and Platforms or any other website or platform.

 

You agree to at all times indemnify, and keep indemnified, The Warehouse Group and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by The Warehouse Group arising from any claim, demand, suit, action or proceeding by any person against The Warehouse Group where such loss or liability arose out of, in connection with, or in respect of your breach of, these Terms.

 

17.       Miscellaneous

If any part of these Terms is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions. If we do not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by us. Headings are for convenience only and do not affect the interpretation of these Terms.

 

Our Websites and Platforms and any use of them is governed by, and is to be interpreted in accordance with, the laws of New Zealand and you and we submit to the exclusive jurisdiction of the courts of New Zealand.

 

Specific Terms

1.    Introduction

 

The following Specific Terms (Consumer) relate to The Warehouse Limited (trading as Warehouse Stationery) and apply when you are using warehousestationery.co.nz, and any associated social media pages and when using, visiting or participating in (as applicable) associated Stores and Services. These Specific Terms do not apply where you are purchasing goods and/or services from The Warehouse Limited (trading as Warehouse Stationery) for commercial purposes. You can find our commercial customer terms.

 

Where there is any inconsistency between these Specific Terms and the General Terms, these Specific Terms will take priority.

 

2.    Payment Options

 

The following payment methods are available. Please see below for further information on terms, conditions and criteria. 

 

Online & In-Store	In-Store Only
• Visa • MasterCard • American Express • Zip • POLI • Q Mastercard • Purple Visa	• Cash • Eftpos ·     Payweekly/Finance Now (Interest Bearing Finance) ·     Warehouse Stationery Gift Cards and selected third party gift cards.

 

3.    Specific Payment Terms and Conditions

 

ZIP

 

We offer you the option of paying for your goods through ZIP. ZIP is an external service provider and is not part of The Warehouse Group. There are no initial fees applicable to you for using the ZIP service. Some fees may apply if you default on a payment. Credit criteria and credit checks apply to the use of the ZIP service. For ZIP’s FAQ’s and full Terms and Conditions please go to https://zip.co/nz. The ZIP service may be used for purchases with a value of between $50 to $1500, though it is possible that higher value items could also be purchased subject to a variable initial payment. Details of payment schedule will be presented as part of the checkout process. Goods Exclusions – Gift Cards, iTunes cards, Gaming Cards and any other goods in this category are not able to be purchased using the ZIP method of payment.

In order to be eligible to use the ZIP service you must:

• be over 18 at the time of your purchase;.
• be a New Zealand resident; and
• have a current New Zealand Driver’s Licence and a New Zealand debit or credit card. If you do not have either of these, please contact ZIP directly at https://zip.co/nz to discuss further options.

 

The Purple Visa Card Purple Dollar earn, and Farmlands discount are not applicable when paying with ZIP.

 

Purple Visa

 

12 Months Interest Free

12 months interest free available on finance of $250 and over using Purple Visa Card, which is issued by SBS Money Limited. Purple Visa Card Terms and Conditions, credit criteria and rates and fees (including a $55 establishment fee and a $55 annual fee) apply. Visit purplevisa.co.nz for further details. Prevailing interest rate (which can be found on the Rates and Fees page at purplevisa.co.nz ) will apply to any outstanding balance at the expiry of the interest free period. This offer is available instore and online and cannot be used in conjunction with any other Warehouse Stationery promotional offer. Purple Visa Card is a brand of Finance Now.

                                                                                                      

30 Months Interest Free                                                       

30 months interest free available on finance of $499 and over using Purple Visa Card, which is issued by SBS Money Limited. Purple Visa Card Terms and Conditions, credit criteria and rates and fees (including a $55 establishment fee and a $55 annual fee) apply. Visit purplevisa.co.nz  for further details. Prevailing interest rate (which can be found on the Rates and Fees page at purplevisa.co.nz ) will apply to any outstanding balance at the expiry of the interest free period. This offer is available instore and online and cannot be used in conjunction with any other Warehouse Stationery promotional offer. Purple Visa Card is a brand of Finance Now.                

                                                        

Rates and Fees   

                                                                                  

Interest Charges                                                                                                               

Minimum monthly payments (3% of the outstanding balance or $20, whichever is the greater) and any charges eligible for deferred payment will not apply until expiry of any Deferred Payment Plan but must be made during the Interest Free Term. If you make only the minimum monthly payment, you may not pay off your purchase before the expiry of the Interest Free Term.  So, if you can, always pay more than the minimum amount due. Prevailing interest rate (which can be found on the Rates and Fees page at purplevisa.co.nz) applies to any outstanding balance on the expiry of the Interest Free Term.

                                                                                                   

Establishment Fee                                                                                                            

A one-off establishment fee of $55 is charged when you open your Purple Visa Card Account. You will see the establishment fee charge on your first statement. Establishment fee is not charged during a Deferred Payment Plan but will be charged if you have other Transactions on your account that are not related to a Deferred Payment Plan.                                                       

                                                        

Annual Account Fee                                                

A fee of $55 is charged at the anniversary of your Purple Visa Card account and is for maintaining the account for the previous 12 months. It is then charged each subsequent year the account remains open.

 

Finance Now

 

Finance options available on purchases of $249 and over.                           
Finance is based on a term of 36 months at an interest rate of 22.3% p.a. and include a $1.80 monthly service fee and a $55 establishment fee (excludes optional Payment Protection Insurance). Details of finance (including weekly payments, the total amount repayable over the term of the loan, interest rate and any applicable fees) can be confirmed with a detailed quote in store. Full disclosure of all of the terms of your finance will also be provided to you in the Finance Now disclosure statement for your consideration prior to confirmation of your purchase. All finance is subject to Finance Now terms and conditions and approval criteria.

 

 

4.    Photo Printing Services – Unclaimed Orders

 

We will hold your photo or print order at the store for a maximum of 30 days after we have notified you it is ready for collection, after which we will securely dispose of the materials produced.

 

5.    Delivery & Delivery Charges

 

For an outline of our delivery charges please visit our Delivery page .

 

Where we are holding your order in store for pick-up or collection, we will only hold your order for a maximum of 30 days after we have notified you that it is ready for collection.  If you haven’t collected your order within this time period, we reserve the right to cancel and refund your order against the same payment method used when placing the original order.

 

6.    Returns

 

Please see the Returns Policy for further information.

 

7.    Deals & Promotions

 

'Buy One Get One...' and key promotions and deals

Offers cannot be used in conjunction with any other offer
For Buy One Get One Half Price offers the lowest or equally priced item will be half price. Clearance items are excluded from these promotions.

Percentage (%) discounts displayed are off original marked price and exclude clearance and already discounted goods.

Buy X product and get XX% off on Y product offers available on selected goods only unless no exclusions specified.

BizRewards GST-Free Day offer excludes gift vouchers, software, freight, hireage, repairs, donations, phone top-ups, phone cards, prepaid postal, Apple, fotofinish, wsprint, printicular and insurance policies. BizRewards customers only.

 

 

Free delivery or next day delivery promotions

Free delivery or next day delivery promotions do not apply to www.wsprint.co.nz and www.fotofinish.co.nz orders.

Guaranteed delivery is defined as following our quoted delivery times and conditions. Standard delivery is 1-3 working days, excludes orders from www.wsprint.co.nz and www.fotofinish.co.nz, deliveries over weekends and public holidays might take longer. Rural and provincial delivery may take an additional 5 working days. Bulky, large or custom order items may take longer to deliver than other items in your order.

 

COMMERCIAL TERMS & CONDITIONS

The following Specific Terms (Commercial) relate to The Warehouse Limited (trading as Warehouse Stationery) and apply when you are using warehousestationery.co.nz and any associated social media pages and when using, visiting or participating in (as applicable) associated Stores and Services. These Specific Terms do not apply where you are purchasing goods and/or services for personal use. You can find our consumer customer terms here.


 

Where there is any inconsistency between these Specific Terms and the General Terms, these Specific Terms will take priority.


 

1.Definitions
 

1.1 “Seller” shall mean The Warehouse Limited, trading as Warehouse Stationery, and its successors and assigns.
 

1.2 “Buyer” shall mean the Buyer or any person or Seller acting on behalf of and with the authority of the Buyer.
 

1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer if a Limited Liability Seller on a principal debtor basis.
 

1.4 “Goods” shall have the same meaning as in section 2 of the Sale of Goods Act 1908 and are Goods supplied by the Seller to the Buyer (and where the context so permits, shall include any supply of Services as hereinafter defined).
 

1.5 “Services” shall mean all Services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits, shall include any supply of Goods, as defined supra).
 

1.6 “Price” shall mean the cost of the Goods as agreed between the Seller and the Buyer, subject to clause 4 of this contract.
 

2. Acceptance

2.1 Any instructions received by the Seller from the Buyer for the supply of Goods shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.

2.2 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing, nor is the Seller bound by any such unauthorised statements.

3. Goods

3.1 The Goods shall be as described on the invoices, quotation, authority to supply or any other sales forms as provided by the Seller to the Buyer.

3.2 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased, provided that:
 

(a) such discrepancy in quantity shall not exceed 5%

(b) the Price shall be adjusted pro rata to the discrepancy.
 

4. Price and Payment

4.1 At the Sellers sole discretion;
 

(a) The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or

(b) The Price shall be the Seller’s current Price at the date of delivery of the Goods; or

(c) The Price of the Goods shall be the Seller’s quoted Price which shall be binding upon the Seller provided that the Buyer shall accept the Seller’s quote within one calendar month.
 

4.2 Exclusions: gift vouchers, freight, hireage, repairs, donations, phone top-ups, phone cards, prepaid postal, Apple, Clearance and insurance policies. Promotions on warehousestationery.co.nz do not apply on www.fotofinish.co.nz, www.wsprint.co.nz, printicular sites unless specifically specified.

4.3 Payment will be made by the Buyer using any one the following credit cards: Amex, Visa, MasterCard, Q Card or Diners. Zip is an external payment service provider. Warehouse Stationery offers Zip as a further payment option for you when purchasing goods through our online store .

4.4 The Price will be inclusive of GST and other taxes and duties which may be applicable.

4.5 In using the Seller's transaction processing service for purchases of the Goods, the Buyer represents and warrants that s/he is over 18 and has the legal capacity to contract in New Zealand. As the buyer is using a credit card to process a transaction, the Buyer represents and warrants that the credit card is issued in his or her personal name and that the buyer shall pay to the issuer all charges incurred through the use of Transaction Processing Services.
 

4.6 Zip Terms & Conditions of Use
 

General Terms
 

(a) Zip is an external service provider and is not part of Warehouse Stationery or an associated subsidiary

(b) Fees – there are no initial fees* applicable to you for using the Zip service.  *Some fees may apply if you default on a payment.

(c) For Zip’s FAQ’s and full Terms and Conditions please go to https://zip.co/nz

(d) Credit criteria and credit checks apply to the use of the Zip service.

(e) The Zip payment service is available for online only purchases through Warehouse Stationery website.  This payment option is not currently available in-store.

(f) The Zip service may only be used for online purchases with a value of between $50 to $1500.  Zip is not available for amounts lower or higher than those stated above.

(g) Goods Exclusions – Gift Cards, iTunes cards, Gaming Cards and any other goods in this category are not able to be purchased using the Zip method of payment.

(h) Zip is not available for BizRewards customers.

(i) The Warehouse Money Visa Card discount and Purple Visa Card double points are not applicable when paying with Zip.

(j) If you are a Team Member, you may use your Team Card in conjunction with transacting your payment through the Zip service.
 

4.7 'Buy One Get One...' and key promotions and deals
 

(a) Offers are not in conjunction with any other offer.

(b) Buy One get One Half Price offers – The lowest or equally priced item of the 2 will be half price and excludes clearance items.

(c) Percentage (%) discounts displayed are off original marked price and exclude clearance and already discounted goods

(d) Buy X product and get XX% off on Y product offers – Available on selected goods only unless no exclusions specified.
 

4.8 BizRewards GST-Free Day offer
 

(a) Exclusions: gift vouchers, software, freight, hireage, repairs, donations, phone top-ups, phone cards, prepaid postal, Apple, fotofinish, wsprint, printicular and insurance policies. BizRewards customers only.
 

5. Delivery of Goods
 

5.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or the Goods shall be delivered to the Buyer at the Seller’s address.
 

5.2 Subject to the express terms herein, if the Seller agrees to send the Goods to the Buyer at the expense of the Buyer then delivery of the Goods to a carrier, either named by the Buyer or, failing such naming, to a carrier at the discretion of the Seller for the purpose of transmission to the Buyer, is deemed to be delivery of the Goods to the Buyer.
 

5.3 When the Goods at the date of this agreement are in possession of a third person there is no delivery by the Seller to the Buyer unless and until such third person acknowledges to the Buyer that the Goods are being held on behalf of the Buyer, subject to the issue or transfer by the Seller of documents of title to the Goods.
 

5.4 The Seller may deliver the Goods by separate instalments (in accordance with any agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract of sale.
 

5.5 The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be reimbursed by the Buyer (without any set-off or other withholding whatsoever) and shall be due on the date for payment of the Price. The carrier shall be deemed to be the Buyer’s agent.
 

5.6 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
 

5.7 The Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
 

5.8 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly, the Buyer shall be bound to accept delivery and to pay for the Goods in full, provided that delivery shall be tendered at any time within 1 month of the delivery date.
 

5.9 Free delivery or next day delivery promotions
 

Free delivery or next day delivery promotions do not apply to www.wsprint.co.nz and www.fotofinish.co.nz orders.Guaranteed delivery is defined as following our quoted delivery times & conditions. Standard delivery is 1-3 working days, excludes orders from www.wsprint.co.nz and www.fotofinish.co.nz, deliveries over weekends and public holidays might take longer. Rural and provincial delivery may take an additional 5 working days. Bulky, large or custom order items may take longer to deliver than other items in your order. We deliver within New Zealand only. Some goods might quote longer lead times. Excludes goods which are out of stock. Free order guarantee only applies if we do not meet our quoted delivery times/conditions and only applies to official school lists goods.
 

6. Risk
 

6.1 If the Seller retains property of the Goods, nonetheless all risk for the Goods passes to the Buyer on delivery.

6.2 If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these terms and conditions (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable in respect of the Goods. This applies whether or not the Price has become payable under these terms and conditions. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. The Seller will apply the insurance proceeds as follows:
 

(a) first, in payment of the Price of the Goods that are damaged or destroyed, if unpaid;

(b) second, in payment of the outstanding Price of any other Goods supplied to the Buyer by the Seller whether under the terms and conditions or otherwise;

(c) third, in payment of any other sums payable to the Seller by the Buyer on any account;

(d) fourth, any balance is to be paid to the Buyer.
 

7. Defects

7.1 The Buyer shall inspect the Goods on delivery and shall within fourteen (14) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery. If the Buyer fails to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
 

8. Return Of Goods

8.1 The Buyer may return Goods within fourteen (14) days of delivery, at the sole discretion of the Seller. Goods must be returned with the following in as new condition:
 

(a) All packaging material and brochures must be in as new condition and un-marked.

(b) All instruction manuals, videos or any other material must be returned with the Goods.

(c) All tools and accessories must be returned with the Goods.
 

8.2 The Seller may (in its discretion) accept the Goods for credit but this will incur a re-stocking fee of 10% of the value of the returned Goods plus any freight.

8.3 If, at the Sellers sole discretion, any Goods (including but not limited to printer cartridges, or software) have been opened, packaging damaged or marked, then the Seller reserves the right to refuse acceptance of the Goods for return.
 

9. Warranty

9.1 The terms and conditions, time limits and other warranty information for the good will be supplied to the Buyer by the Seller when all accounts are paid in full. The Warranty shall be the current warranty provided by the manufacturer of the good. The Seller shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturer’s warranty.

9.2 The Seller shall not be liable to repair any defective Goods and at its own discretion may:
 

(a)notify the manufacturer of the Goods of any defect notified by the Buyer; and

(b)request the manufacturer to repair or replace any defective Goods.
 

10. Consumer Guarantees Act 1993

10.1 This agreement is subject, in all cases except where the Buyer is contracting within the terms of a trade/business (which cases are specifically excluded), to the provisions of the Consumer Guarantees Act 1993.
 

11. Default & Consequences of Default

11.1 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s costs and disbursements including a solicitor and own client basis and in addition all debt collection costs.

11.2 Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.

11.3 In the event that:

 

(a) any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due, or;

(b) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors, or;

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer,
 

then
 

(i) the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and

(ii) all amounts owing to the Seller shall, whether or not due for payment, immediately become payable; and

(iii) the Seller shall be entitled to reclaim any Goods in the Buyer’s possession or control, which have been supplied by the Seller and to dispose of the Goods for its own benefit and shall be entitled to enter, directly or by its agents, (and the buyer gives us and our agents the right to so enter) upon any land or premises where the Seller believes the Goods which it has supplied are stored, without being liable to any person.
 

12. Title

12.1 It is the intention of the Seller and agreed by the Buyer that property in the Goods shall not pass until:
 

(a) The Buyer has paid all amounts owing for the particular Goods, and

(b) The Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer, and that the Goods, or proceeds of the sale of the Goods, shall be kept separate until the Seller shall have received payment and all other obligations of the Buyer are met.
 

12.2 It is further agreed that:
 

(a) The Buyer shall not deal with the money of the Seller in any way which may be adverse to the Seller.

(b) Until such time as ownership of the Goods shall pass from the Seller to the Buyer, the Seller may give notice in writing to the Buyer to return the Goods or any of them to the Seller. Upon such notice, the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease.

(c) If the Buyer fails to return the Goods to the Seller, then the Seller or the Seller’s agent may enter upon and into land and premises owned, occupied or used by the Buyer, or any premises as the invitee of the Buyer, where the Goods are situated, and take possession of the Goods, without being responsible for any damage thereby caused.

(d) The Buyer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Seller.

(e) The Seller may require payment of the Price or the balance of the Price due together with any other amounts due from the Buyer to the Seller arising out of these terms and conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price.

(f) The Seller can issue proceedings to recover the Price of the Goods sold, notwithstanding that ownership of the Goods may not have passed to the Buyer.
 

13. Personal Property Securities Act 1999

13.1 Upon assenting to these terms and conditions, the Buyer acknowledges and agrees that:
 

(a) These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999 (“PPSA”); and

(b) A security interest is taken in all Goods previously supplied by the Seller to the Buyer (if any) and all Goods that will be supplied in the future by the Seller to the Buyer during the continuance of the parties relationship.
 

13.2 The Buyer undertakes to:
 

(a) sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the Seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

(b) indemnify, and upon demand reimburse the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;

(c) not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the Seller;

(d) give the Seller not less than 14 days prior written notice of any proposed change in the Buyer’s name and/or any other change in the Buyer’s details (including but not limited to, changes in the Buyer’s address, facsimile number, or business practice); and

(e) Immediately advise the Seller of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
 

13.3 Unless otherwise agreed to in writing by the Seller, the Buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
 

14. Cancellation

14.1 The Seller may cancel these terms and conditions or cancel delivery of Goods and Services at any time before the Goods are delivered by giving written notice. On giving such notice, the Seller shall promptly repay to the Buyer any sums paid in respect of the Price for those Goods. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.

14.2 We reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to be placed for commercial purposes, e.g. any kind of reseller. We also reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to have been placed fraudulently.
 

15. Unpaid Seller’s Rights To Dispose Of Goods

15.1 In the event that:
 

(a) the Seller retains possession or control of the Goods; and

(b) payment of the Price is due to the Seller; and

(c) the Seller has made demand in writing of the Buyer for payment of the Price in terms of this contract; and

(d) the Seller has not received the Price of the Goods,
 

then, whether the property in the Goods has passed to the Buyer or has remained with the Seller, the Seller may dispose of the Goods and may claim from the Buyer the loss to the Seller on such disposal.
 

16. Lien & Stoppage In Transit

16.1 Where the Seller has not received or been tendered the whole of the Price, the Seller shall have:
 

(a) a lien on the Goods;

(b) the right to retain them for the Price while the Seller is in possession of them;

(c) a right of stopping the Goods in transit whether or not delivery has been made; and

(d) a right of resale;

(e) the foregoing right of disposal;
 

provided that the lien of the Seller shall continue despite the commencement of proceedings or judgement for the Price having been obtained.
 

17. General

17.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

17.2 All Goods and Services supplied by the Seller are subject to the laws of New Zealand and the Seller takes no responsibility for changes in the law which affect the Goods or Services supplied.

17.3 The Seller shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer, arising out of a breach by the Seller of these terms and conditions.

17.4 The Buyer shall not set off against the Price amounts due from the Seller.

17.5 The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Seller notifies the Buyer of such change.
 

In the event of any breach of this contract by the Seller, the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.