Terms & Conditions

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 Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.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.

4.3

Payment will be made by the Buyer using any one the following credit cards: Amex, Visa, MasterCard, Q Card or Diners. PartPay Limited is an external payment service provider.

Warehouse Stationery offers PartPay 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

PartPay Terms & Conditions of Use

General Terms

(a)

PartPay Limited 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 PartPay service.  *Some fees may apply if you default on a payment.

(c)

For PartPay’s FAQ’s and full Terms and Conditions please go to www.partpay.co.nz.

(d)

Credit criteria and credit checks apply to the use of the PartPay service. 

(e)

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

(f)

The PartPay service may only be used for online purchases with a value of between $50 to $800.  PartPay is not available for amounts lower or higher than those stated above.

(g)

Product Exclusions – Gift Cards, iTunes cards, Gaming Cards and any other products in this category are not able to be purchased using the PartPay method of payment.

(h)

PartPay 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 PartPay.

(j)

If you are a Team Member, you may use your Team Card in conjunction with transacting your payment through the PartPay 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 products

 

4.8

BizRewards GST-Free Day offer

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 products might quote longer lead times. Excludes products 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 products.

 

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 product 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 product. 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 it’s 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.

17.6

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.

 

18

Warehouse Stationery Free Poster offer

  1. Free Poster offer is limited to 1 x A2 poster per customer.
  2. Poster designs must be submitted between 12.00 am Sunday 10 March, 2019 and by 11.59pm Sunday 10 March, 2019.
  3. A2 Posters will be ready from collection from Wednesday 13 March. Warehouse Stationery reserves the right to deliver Free posters at a later date pending demand. Warehouse Stationery accepts no responsibility for any losses incurred due to delayed poster delivery.
  4. By submitting your imagery for a Free Poster you also agree to The Warehouse Group User Generated Content Terms Of Use. Please take a moment to read through these Terms of Use before submitting your poster for printing. All submissions are bound by these terms.
  5. By submitting your poster you are granting Warehouse Stationery Ltd and its associated agencies, subsidiaries and entities an unlimited, non-exclusive, worldwide, royalty-free, perpetual right and license to reproduce, edit, publish, broadcast, distribute and otherwise use the content you submitted in connection with advertising, publicity, promotional and marketing activities. This includes but is not limited to, sharing and publishing the content you submitted on social media pages, websites, newsletters, blogs, emails, mailers, signage, television, news media and other printed and online advertising.
  6. You acknowledge the use of the content you submitted is without compensation or payment.
  7. The Free Poster is courtesy of Warehouse Stationery Ltd.
  8. Submitting a poster for free printing is deemed acceptance of any applicable Terms and Conditions.
  9. The offer is open to all residents of New Zealand except for employees and their immediate families of The Warehouse Group Ltd, its subsidiaries, associated agencies and entities.
  10. Any entrant who is under the age of 18 years must have their parent or legal guardian’s permission.
  11. If minors are depicted in the submission, you acknowledge you are the parent/guardian with legal responsibility of any minors under 18 years of age depicted in the submission.
  12. The submission must not infringe or violate the rights of any third parties – including, but not limited to, intellectual property rights, copyrights, trade marks, rights of publicity/privacy, patent, trade secret or confidentiality obligations.
  13. Warehouse Stationery reserves the right to extend, postpone or cancel the promotion, and to update the terms and conditions without notice.
  14. Warehouse Stationery may be required by law to disclose any of the information that you provide. Warehouse Stationery will only make the disclosure if it believes, in good faith, that it is required to do so.
  15. Warehouse Stationery’s decision in relation to any aspect of the offer is final and binding on every person who submits a poster, and no correspondence will be entered into.
  16. Free print is not transferable or exchangeable and cannot be redeemed for cash.
  17. Warehouse Stationery reserves the right to verify the validity of submissions and to disqualify any submission where false or misleading details have been provided or the individual submitting the poster has behaved in a fraudulent or dishonest manner, or otherwise than in accordance with these Terms and Conditions of Entry or the spirit of the promotion.
  18. Warehouse Stationery and any other agencies associated with this promotion will not be responsible for any late, lost or misdirected entries, including but not limited to submissions not received due to technical problems.
  19. Warehouse Stationery and any other agencies associated with this promotion will not be liable for any loss or damage whatsoever that may be sustained, directly or indirectly, or for any personal injury suffered or sustained by any submitter in connection with any product purchased for this competition or any prize, except for any liability that cannot be excluded by law.
  20. This competition is in no way sponsored, endorsed, administered by or associated with Instagram.
  21. These terms and conditions are governed by the laws of New Zealand.
  22.  

    Member Conduct

    Users of the Print Services may not use the Service to process Prohibited Content including content or other material that Warehouse Stationery believes is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, causes harm or is otherwise inappropriate, copyrighted material used without the express permission of the owner, material that violates or encroaches on rights of others including right to privacy or advocates illegal activity. Warehouse Stationery reserves the right to refuse to print materials deemed as Prohibited Content at our sole discretion.

    1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
    2. Comprises copyrighted material used without the express permission of the owner;
    3. Violates or otherwise encroaches on the rights of others including their right to privacy;
    4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
    5. Advocates illegal activity;
    6. Harms anyone, including minors; or,
    7. Provides a link to any of the above;

    Warehouse Stationery Fotofinish has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Warehouse Stationery Fotofinish does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Warehouse Stationery Fotofinish may delete, move, and edit Content for any reason, at any time, without notice.

    All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content. You may only upload Content where you have the consent of all persons pictured, including through your relationship with those persons.

    Warehouse Stationery Fotofinish in no way guarantees the accuracy, quality or appropriateness of Content available through the Service.