Retail wholesale purchasing terms
These terms apply to the acquisition of stamps, coins, memorabilia and other collectables, and any other goods and services from NZ Post Collectables, Whanganui. By submitting a customer application or making an order, you agree to be bound by these terms or those we tell you will apply, so please read them carefully. Any terms you include with your order do not apply.
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Customer application
1.1 Any person may apply to become a wholesale customer by completing an application form and sending it to us. We will issue you a customer number. Please use this whenever you contact us.
1.2 You warrant that the information you provide is true, accurate and complete in every material respect. We may decline any application at our sole discretion.
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Payment
2.1 You must have an approved payment facility with us to pay for your orders. We may refuse to send you any ordered goods and services until this is established.
2.2 We do not offer a credit account at this stage.
2.3 We will charge the purchase price of your orders (including the cost of delivery) to your payment facility at the time of purchase. We will notify you if we are unable to charge the purchase price of an order to your payment facility. If that happens, your order will be cancelled.
2.4 Without limiting clause 10.8, we reserve the right to change the terms of the payment facilities, or suspend or cancel any payment facility (whether generally or in respect of specific customers), at any time at our sole discretion. We will make reasonable efforts to give you notice of any such change, suspension or cancellation of the payment facilities you use.
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Goods and services
3.1 From time to time we will make available, and may at any time change the availability of, goods and services.
3.2 You may make an order for goods and services by completing the necessary forms. We may change the available methods of ordering at any time at our sole discretion, which may include, for example, via our website, by telephone or by hard copy forms, or by casual or standing order. Some methods of ordering have additional terms as specified in the relevant forms. By using a particular method of ordering, you are deemed to agree to those additional terms.
3.3 We will make reasonable efforts to send you the ordered goods and services. However, we may be unable to send, delay sending, or refuse to send some or all of your ordered goods and services, at our sole discretion. We will not be liable to you if we cannot or will not send, or if there is a delay in sending or delivering, some or all ordered goods and services.
3.4 If you need to withdraw or change your wholesale order once it has been placed with us, you must contact NZ Post first.
3.5 We own all intellectual property rights in the products, and you do not acquire any right, title, or interest in such intellectual property rights.
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Custom goods and services
4.1 You may request custom goods or services. We may choose to provide the requested custom goods or services at our sole discretion.
4.2 We may require that you agree to alternative or additional arrangements (including additional charges) before providing custom goods or services and will notify you of such arrangements before providing the custom goods or services. You may either accept such alternative or additional arrangements or cancel your request for the custom goods or services.
4.3 Without limiting clauses 4.2 or 9, if the custom goods or services relate to your pre-existing property, delivery of that property is at your own expense and risk. We recommend that you send any valuable property to us by insured, signature-required methods. We will return that property to you at your expense by the same method, or otherwise in accordance with your instructions. Our liability for any damage to or loss of that pre-existing property while in our possession or control is limited to replacement of the item (or payment of the face value of the item, if replacement is not reasonably practicable), except as required by law.
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Delivery
5.1 Orders will be delivered by courier to your address, or to another address specifically notified by you when placing that order. Where it is necessary or expedient, we may deliver parts of your order separately. If we are unable to deliver an order by courier, we may make alternative delivery arrangements. We will make reasonable efforts to give you notice of any charges for such alternative delivery arrangements prior to dispatch.
5.2 The delivery service provided by us under these terms is subject to NZ Post’s standard terms for courier sending under the Business General Terms, and Courier Service Terms .
5.3 Risk and title to goods passes to you upon delivery, subject to full payment for the goods having been made upon ordering.
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Return of goods
Subject to your statutory rights to receive replacement product or a refund for damaged or missing goods, returns are not allowed. If you believe that the products supplied do not meet our quality standards or the quantity ordered, you must make a written claim within five working days after the date of delivery. If we agree that there was a quality defect in the product as supplied, upon receipt of the affected product and all other products in the same unit (eg pack, box), we will either give you a replacement product, or refund the purchase price you have paid for the product (excluding any delivery charges you have paid), the choice of remedy being at our option . For an accepted quantity defect, we will make up the deficiency in volume, as soon as reasonably practicable. [This clause 6 does not apply to custom goods or services under clause 4.
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Charges
The price for the products in each order will be as per the most recent version of the price list at the time of receipt of the order, subject to any discount or alternative pricing agreed with you. Prices are subject to change. Please check for up-to-date prices before ordering. Prices are quoted in New Zealand dollars and include GST, but exclude any bank or other processing charges, freight, insurance, customs clearance and other delivery related costs, which will be charged in addition. Charges for delivery will be at the rates applicable at the time of sending.
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Notices
8.1 You can contact us using the details below:
Postal:
Collectables
Private Bag 3001
Whanganui 4541
New Zealand
Physical:
Collectables
5 Church Place
Whanganui 4500
New Zealand
Email: Collectables@nzpost.co.nz
Phone:+64 6 262 7262
8.2 We may give you notice under these terms by sending notice to you at the contact details you have supplied to us. You will be deemed to receive such notice:
(a)for communications delivered by hand or signature-required methods, on the day of delivery;
(b)for email, on the next working day after such communication is sent (as evidenced by the relevant electronic records); or
(c)for communications sent by pre-paid post, three working days after posting.
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Liability and indemnity
9.1 Except as set out in clause 6, we will not be liable to you for any loss, damage, cost, claim, liability or delay whether direct, indirect, consequential or special and whether due to our negligence, breach of contract, breach of any other obligation that we owe to you or for any other reason except as otherwise provided by law, including the Consumer Guarantees Act 1993.
9.2 If you make an order of goods or services for the purposes of your business, the parties agree that the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act will not apply.
9.3 You will indemnify us against any loss, damage, cost, claim or liability incurred by us arising from any breach by you of these terms.
9.4 To the maximum extent permitted by law, we expressly disclaim all representations and warranties regarding the products, whether written or oral, and whether express, implied, including any warranty of merchantability, fitness for purpose or non-infringement.
9.5 This clause 9 survives the termination of these terms.
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General
10.1 Events outside our control: We are not required to carry out any of our obligations, and will not be liable for any loss or damage resulting from not carrying out such obligations, if it is not reasonably practicable for us to do so because of an event outside our control.
10.2 Privacy Act: The information collected by us about you may be "personal information" for the purposes of the Privacy Act 1993. Under the Privacy Act, an individual has the right to request access to, and correction of, this "personal information". You can contact us directly to request such access or correction. If you opted to receive marketing from us when completing the application form, you agree to allow us to send you further information on goods and services and related products from us, and occasionally offers on similar products from other companies and businesses. You may notify us at any time that you do not want to receive these.
10.3 Supervening legislation: Nothing in these terms limits any applicable laws or other regulatory requirements of New Zealand. Without limiting clause 9.1, we will have no liability to you for any loss or damage incurred as a result of our discharging our legal obligations. You agree to provide us with any information necessary for us to discharge our legal obligations. Without limiting the generality of this clause 10.3, this includes obligations (if any) under the Financial Transactions Reporting Act 1996 and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
10.4 Assignment: You may not assign any of your rights or obligations under these terms without our consent. We may assign any of our rights and obligations under these terms to a subsidiary of New Zealand Post Limited without notice or consent, to the maximum extent permitted by law.
10.5 Earlier agreements: These terms replace any earlier agreement between you and us.
10.6 Governing law: These terms will be governed by the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of the Courts of New Zealand in respect of any dispute or other matter arising in connection with the goods, services or terms.
10.7 Amendment or replacement: We may amend or replace these terms at our sole discretion and will make reasonable efforts to give you notice of any such amendments or replacement. If you make an order after the effective date of the amended or new terms, the new terms will apply to that order.
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Interpretation
11.1 In these terms, unless the context otherwise requires:
(a) References to any legislation or document include all modifications, amendments and variations from time to time;
(b) Examples given in these terms or a list after the word including are indicative only, and do not otherwise limit the generality of any provision; and
(c) Any reference to a form includes both hard copy and electronic versions of that form.
11.2 In these terms, unless the context otherwise requires, the following words have the following meanings:
"Approved payment facility" means a means of effecting payment for goods and services approved by us;
"Goods and services" means stamps, coins, memorabilia, other collectables and other goods and services provided by NZ Post Collectables.
"Necessary forms" means such forms as we may notify from time to time for the purposes of making orders, providing instructions, authorising actions, giving information or other such matters anticipated or required by these terms;
"Order" means an order for goods and services pursuant to these terms;
"Ordered goods and services" means the goods and services specified in an order;
"We" and "us" means New Zealand Post Limited and includes any employee, agent or contractor engaged by us in connection with the provision of goods and services or these terms and "our" has a corresponding meaning;
"You" means any person who has completed an application form and we have accepted as a customer.