Terms and Conditions
About these Terms and Conditions
NZsale is part of the APAC SALE GROUP. By signing up as a member to NZsale the member acknowledges that they will become a member of the APAC SALE GROUP of companies and agrees that they may be contacted by any of its subsidiaries. This does not affect a member's ability to unsubscribe from communications from these companies on an individual basis.
1. In these Terms and Conditions, "we", "us" and "our" means the Australian company Ozsale Pty Limited ABN 11 118 610 987 trading as NZSale.co.nz, and "you" means the person placing an order on the website www.nzsale.co.nz (“website”).
2. Any request for supply of the products on our website (“Products”) that you place with us and any Products we sell to you are subject to:
o these Terms and Conditions, which are posted on the website, and which you are deemed to accept by placing an order;
o any additional terms and conditions on our website which apply specifically to that Product;
o any statutory rights you may have as a consumer, which are modified and limited by these Terms and Conditions only to the extent permitted by law.
3. These Terms and Conditions:
o prevail over any inconsistent terms in any other communication or agreement, and
o cannot be varied unless we agree in writing to that variation.
New Zealand Sales Only4. If you order through our website, we will only sell and deliver Products in New Zealand.
Ordering5. You must:
o only order Products in accordance with the instructions on this website, and
o pay for the Products in full (without set-off or deduction of any kind) by authorising us to charge a credit card account.
6 You warrant that you are authorised to use your credit card account by the relevant credit card company.
7 You may place an order by adding items to your “Cart” on our website and clicking the "Check Out" button (“Order”). By placing an Order, you make an offer to us in Australia to purchase the Products you have selected subject to these Terms and Conditions. Any information contained on our website constitutes only an invitation to treat, and is not an offer by us to supply any Products or any other goods or services.
8 When you place an Order, we will email you with an Order Number. We will then notify you when your order is being processed (by sending you an Order Confirmation via email) and again when your order is shipped.
9 While we will endeavour to fulfil an Order, we will not be liable to any person if we decline to fulfil an Order, or we are unable to supply the Products in your Order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. However, we will advise you if we decline, or are unable to fulfil, your Order.
10 We may cancel an Order if we believe it is fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.
Colours11 We try to display as accurately as possible the colours of the products shown on the website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Price and GST
12 The price for the Products will be:
o the price in NZ dollars as quoted on the website at the time of placing your order, and
o the costs associated with delivering the Products to you.
13 Unless otherwise stated on the Product listing and in our invoice for the Products, we will bear the cost of goods and services tax payable under the New Zealand Goods and Services Tax Act 1985 (“GST”) and import duty payable (if any) on products you purchase from us.
Changes to Price and Products14 We may alter the prices of the Products, and the Products available on the website, and any other information on our website, at any time before you place an Order without notice to you.
Delivery, title and risk15 We will deliver the Products to the premises nominated in your Order at your cost within a reasonable time of accepting your Order. We usually specify 14-21 working days for your order to be dispatched from our warehouse, and we will try and have the Products shipped to you by that date. Time will not be of the essence and we will not be liable to you for late delivery. Late delivery does not entitle you to cancel any order or part of any order.
16 We may deliver the Products to you by instalments and each delivery will be a separate contract independent from the other deliveries.
17 We will re-deliver, replace or refund the Products (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address.
18 We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products. The Products are at your risk as soon as they leave our premises for delivery to you.
Nzsale Vouchers19 We may issue a Voucher at any time (“Voucher”), including for discounts, promotions and if a refund is given. A Voucher can only be used for purchases on our website and is not transferable. A Voucher has no monetary value and cannot be converted into currency. When you use a Voucher any voucher discount will be pro-rated across all items in an Order.
20 A Voucher may also contain additional terms (such as a minimum order value, or type of product on which it may be used). Those terms apply to each Order using that Voucher in addition to these Terms and Conditions, and we reserve the right to change the terms on our Vouchers at any time.
21 A Voucher expires 6 months from the date and time in which this was issued.
22 We may:
o cancel or refuse to accept a Voucher which is expired or which we reasonably consider to be fraudulent or not authorised by us; and
o amend or terminate our referral rewards programme or any other method of issuing Vouchers at any time (including cancelling or revoking any Vouchers issued under the programme or scheme). If we cancel Vouchers issued under our referral rewards scheme, we will give you reasonable notice by email or through our website.
23 In the event of a refund being processed against your order, this will be given using the method in which you originally paid for the order.
If you used a credit voucher to purchase, you will be given a credit voucher for the amount of the refund.
Credit card purchases will be refunded to the credit card used in the original transaction, the value of which will not exceed the original amount paid.
Priority membership24 Through our website we may offer a priority membership package which includes benefits described on the website (“Priority Membership”).
25 Any purchase of Priority Membership is non-refundable [once the Priority Membership has been used to make an Order or enter a Priority Members only sale.
26 We reserve the right to cancel, terminate, modify or suspend the Priority Membership package at any time.
Returns and refunds
27 Subject to any rights you may have as a consumer under any statute, the following terms apply to the return of Products.
28 If you change your mind about the Products, we will only accept a return if you lodge a return through the returns sections of our website within 21 days of the date your order was dispatched to you. Subject to these Terms and Conditions, we will then issue you with a Voucher for the value of the Products.
29 If the Products were damaged, defective or faulty at the time of delivery to you, we will replace the Products, issue you with a Voucher, or refund your credit card account with a full refund (excluding credit card fees).
30 If you receive a Product from us that is different to the one you ordered, we will (at our option) replace the incorrect Product with the correct Product, issue you with a Voucher, or refund your credit card account with a full refund (excluding credit card fees).
31 If you wish to return a Product in accordance with clauses 27 to 30 above, please notify us within 21 days of the Products being dispatched from our warehouse. You should contact us through the My Returns section of the website and give details of why you wish to return the Product. We will then issue you with a Return Authorisation Number (RAN).
32 You must pay all costs of returning Products to us, however, if we accept the return of damaged or faulty Products, or where we delivered incorrect Products we will provide you with details on how to go about returning the items to us using our paid courier service. In the event that this service is not used, NZ Sale will not be liable for any costs involved in returning the goods to us.
33 All Products returned must be in their original condition and packaging, with tags still attached (except for defective or faulty Products) along with any accompanying accessories and documentation. We reserve the right not to accept a return of:
o any CDs and DVDs where you have changed your mind about the Products;
o any clothing or footwear Products which have been worn, or which are soiled or damaged;
o any Products from which sewn tags or swing tags have been removed;
o any Products which, when examined or tested by us or our agent, are found not to be not damaged, defective or faulty;
34 We will not issue a refund or Voucher before the Products are received by us. If you have any problems regarding your Order or a refund, you may contact us through the Contact section of the website (citing your Return Authorisation Number).
Manufacturers’ warranties 35 Some Products carry a manufacturer’s warranty. Nothing in these Terms and Conditions affects that warranty, and you should contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms.
36 Nothing in these Terms and Conditions affect any rights you may have as a “consumer” under any statute.
37 To the extent that either the New Zealand Consumer Guarantees Act or the Australian Competition and Consumer Act 2010 applies, you confirm that:
a) if you are acquiring the Products for business purposes the New Zealand Consumer Guarantees Act 1993 will not apply;
b) if you are acquiring the Products other than for personal, domestic or household use or consumption, then the Australian Competition and Consumer Act 2010 will not apply;
c) where you resupply the Products in trade to a person acquiring them for the purposes of a business, then
i. you must include a term in your contract with that person that the Products are being acquired for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply in respect of those Products, and
ii. you must not make any representation in relation to the performance, quality or application of the Products without our prior written approval; and
iii. you indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of these Terms and Conditions.
Our obligations to you38 The material and information contained in the website is supplied to enable you to make your own determination as to a Product’s suitability for your purposes prior to placing an Order. Nothing in the website is to be construed as a recommendation to use any Product.
39 To the fullest extent permitted by law, we disclaim all warranties, descriptions, representations or conditions in respect of the Products, whether express or implied, including (without limitation) warranties as to merchantability and fitness for any purpose.
40 You agree that we, and anyone that we are responsible for, are not liable to you at law, by statute, in equity or otherwise arising from our relationship for any loss (including, without limitation, loss of profits), cost, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with:
o the supply or non-supply of the Products, for any breach of our obligations under these Terms and Conditions, or for any other reason which relates to these Terms and Conditions or the Products; or
o where you purchase electronic or computer Products, any loss of programs, data or other information stored on any media, any business interruption, or any system recovery and reinstallation of software or other consequential damage; or
o where you return Products to us, or we or our agents agree to repair any Products, for any loss of programs, data or other information stored on those Products or any media in those Products; or
o your access to or inability to access the website, including any viruses alleged to have been obtained from the website, any computer error, business interruption, or data loss you allege was caused by the website, your use of or reliance on the website or any of the information or materials available on this website.
41 If, despite the other provisions of these Terms and Conditions, we are found to be liable to you then, without limiting your obligation to indemnify us in accordance with these Terms and Conditions, our liability for any single event or series of related events is limited to the amount you actually paid for the Product which gave rise to your claim.
42 You confirm that these Terms and Conditions are reasonable having regard to the price payable for the Products and their nature.
43 We will only sell to you if you are over eighteen (18) years of age. By placing an Order, you confirm you are over 18 years of age. If we suffer any damage or loss because you are not over 18 years of age when you place an Order, we reserve the right to seek compensation for such damage or losses from your parents or guardians.
Copyright44 You acknowledge that we are the sole owner of all intellectual property rights in the Products and in the website. We hold copyright in all content and elements of our website. You must not copy, alter or reproduce any Product (or any part of a Product), our content or logo, or the website (or any part of the website), nor permit any person to do so without our prior written consent.
Indemnity45 You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs (including legal fees and costs), damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, this website, or the supply or non-supply of Products.
47 The United Nations Convention on Contracts for the International Sale of Goods (1980) does not apply to these Terms and Conditions.
48 Any exercise or failure to exercise any right or remedy available to us does not limit our rights to exercise that or any other right or remedy. A waiver of any of these Terms and Conditions must be specified in writing and signed by one of our authorised officers.
49 The exercise by us of any express right set out in these Terms and Conditions is without prejudice to any other rights, powers or remedies available to us in these Terms and Conditions, at law or in equity, including any rights, powers or remedies which would be available to us if the express rights were not set out in these Terms and Conditions.
50 Where any part of these Terms and Conditions is rendered void, unenforceable or otherwise ineffective by operation of law, that will not affect the enforceability or effectiveness of any other part of these Terms and Conditions. Where, under any statute, any implied conditions and warranties cannot be excluded by these Terms and Conditions, our liability for breach of such conditions and warranties shall be limited, at our option, to the replacement of the Products or the re-supply of the same Products; the payment of the cost of replacing the Products or of acquiring equivalent Products.
51 We may vary these Terms and Conditions at any time without notice to you.
52 You may not assign any benefits, rights or obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
53 Non-performance by us of any of our obligations under these Terms and Conditions will be excused, without liability for that non-performance, during the time and to the extent that our performance of the obligation is prevented, wholly or substantially, by any event or circumstance beyond our reasonable control.
54 This website and these Terms and Conditions are governed by, and will be interpreted in accordance with, the laws of New South Wales, Australia without reference to conflict of laws principles. Any disputes between us are subject to the non-exclusive jurisdiction of the Australian courts. To the fullest extent permitted by law, we accept no responsibility for the compliance of the information on the website or the supply or non-supply of the Products with the laws of any other country.