STATIONERY ONLINE Terms & Conditions Policy.
The following terms and conditions outline the rules and regulations for the use of our Stationery Online Website.
By accessing this Website, we assume you accept these terms and conditions in full. Do not continue to use this Website if you do not accept all of the terms and conditions stated on this page.
The following terminology and/or definitions applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
1.1 Customer. You and Your refers to you, the person accessing this website and accepting the Company’s terms and conditions.
1.2 Consumer. You and Your refers to you, the person accessing this website and accepting the Company’s terms and conditions.
1.3 Supplier. Ourselves, We, Our and Us, refers to our Company.
1.4 Goods. Means the products for sale on this Website.
1.5 Services. Means the services provided by the Supplier.
1.6 Website. Means the Website of Stationery Online www.stationeryonline.co.nz
1.7 Proposal. Means any quotation provided to the Customer by the Supplier.
1.8 Party. Parties, or Us, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of (Address).
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, New Zealand law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
2.5 Severability: If any provision of any Contract is or becomes unenforceable, illegal or invalid for any reason it shall be deemed to be severed from the Contract without affecting the validity of the remainder of the Contract and shall not affect the enforceability, legality, validity or application of any other provision of the Contract.
2.6 Notice provisions: Any notice to be given by a party to the other shall be in writing and shall be given by: (a) personal delivery; (b) mailing by pre-paid post, and shall be deemed to be given two days after the date of mailing; or (c) facsimile transmission, and shall be deemed to be given at the time specified in the facsimile transmission report of the facsimile from which the transmission was made which evidences full transmission, free of errors, to the facsimile number of the party given notice, to the address or facsimile number specified on the first page of these Terms or to such other address or number as is notified in writing by a party to the other.
2.7 Force majeure: Neither party shall be liable for any failure or delay in complying with any obligation imposed on that party under a Contract if: (a) the failure or delay arises directly or indirectly from a cause reasonably beyond that party’s control and not due to the default or insolvency, or an intentional act or omission, of that party; (b) that party, on becoming aware of the cause, promptly notifies the other party in writing of the nature and expected duration of, and the obligation affected by the cause; and (c) that party uses its reasonable endeavours to mitigate the effect of the cause on that party’s obligations and to perform that party’s obligations on time despite the cause, but nothing in this clause shall excuse a party from any obligation to make a payment when due under the Contract.
2.8 Amendment: Seller may vary these Terms at any time by notice in writing to Customer. Any such variation will take effect from acceptance of the first order for Goods following a notice of the variation being given to Customer.
2.9 Assignment: Customer may not assign all or any of its rights or obligations without the prior written consent of Seller.
2.10 Waiver: The rights, powers, exemptions and remedies of Seller shall remain in full force notwithstanding any neglect, forbearance or delay in their enforcement. Seller shall not be deemed to have waived any provision of a Contract unless such waiver is in writing signed by Seller or an authorised officer of Seller. Any such waiver, unless the contrary is expressly stated, shall apply to, and operate only in, a particular transaction, dealing or matter.
2.11 Confidentiality: To the extent that any confidential information is passed by a party to the other, the other party must keep that information confidential.
2.12 Errors or omissions: Clerical errors or omissions, whether in compilation or otherwise in any order, quotation, acknowledgement, invoice or other such documentation, are subject to correction by Seller.
2.13 Privacy Act: Customer authorises Seller to contact any credit agency, referee or any other source in order to check, exchange or provide information in relation to Customer and Customer authorises each such source to provide to Seller any information about Customer. If Customer is a natural person the Privacy Act 1993 entitles Customer to have access to personal information held by Seller about Customer and to request correction of that personal information.
2.14 Relationships: Nothing in the making or performance of a Contract creates the relationship of partnership, joint venture or agent and principal between the parties. The relationship between the parties is the relationship of independent parties contracting for goods and services.
2.15 Governing law: Each Contract is governed by New Zealand law and the parties submit to the on-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of any Contract.
3. The Order.
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4. Price and Payment.
4.1 The price for the Goods is as specified on www.stationeryonline.co.nz and all prices will have GST added.
4.2 Payment of the price shall be in the manner specified on www.stationeryonline.co.nz or within a Proposal.
4.3 If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the current base rate plus 3.00% per month on the outstanding amounts.
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
6.1 Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7. Customers Obligations.
7.1 To enable the Supplier to perform its obligations the Customer shall:
7.2 Co-operate with the Supplier;
7.3 Provide the Supplier with any information reasonably required by the Supplier;
7.4 Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.5 Comply with such other requirements as may be set out in a Proposal or otherwise agreed between the parties.
8. Suppliers Obligations.
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of goods purchased and shall ensure that any goods supplied shall be free of defect.
9. Cancellations and Refunds for Goods Only.
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and return the Goods to the supplier within 7 days of notifying the supplier. Once the supplier has confirmed the Goods are faulty or do not comply with any of the contract the Customer shall be entitled to replacement Goods or a full refund.
9.2 The Customer may not cancel an Order if the Order cannot be captured prior to dispatch.
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.
9.4 If the Goods have been dispatched to the customer then it will not be possible to cancel the contract subject to clause 9.1.
10 Limitation of Liability.
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier to New Zealand Law however, the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Supply of Goods and / or Services by any agreed completion date.