Terms and Conditions of Sale – Creation Station NZ
1.1 In these Terms:
(a) Agreement means any order relating to the Goods, together with these Terms.
(b) Customer or You means the person, firm, company or entity buying Goods from the Seller.
(c) Goods means the Goods specified in the Customer’s order.
(d) Seller, We or Us means the partners in Creation Station NZ and their successors and assigns.
(e) Terms means these Terms and Conditions of Sale.
2. ORDERS AND PRICE
2.1 You agree to place orders on our website at www.creationstation.nz.
2.2 You agree that each order accepted by us will constitute a separate contract on the terms of this Agreement.
2.3 You will pay the price stated on our website, which includes Goods and Service Tax. We reserve the right to vary prices without notice.
2.4 Prices are quoted exclusive of transit costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price.
2.5 Confirmation and acceptance by the Seller occur when the Seller acknowledges receipt of the order either through an automated email generated through the Seller’s website or other sales platform, or through a non-automated email, or some other form of communication accepting the order.
3.1 Payment: Where you are not paying via our website you will pay your account by direct credit on the due date set out in your invoice. We reserve the right not to confirm an order paid for by direct credit until the payment has cleared.
3.2 Website payments: Payments you make via our website are processed either by Stripe and its global affiliates (“Stripe”) or LayBuy and its global affiliates (“LayBuy”).
3.3 If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.
3.4 Unless otherwise agreed we will only start processing your order once you have made payment in full. We reserve the right to cancel a confirmed order if we do not receive your payment within three days of you placing that order.
3.5 All payments by you will be full, free and clear of any deduction, withholding, set-off, counterclaim or other claim.
3.6 In cases where we provide you with credit, failure by you to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any of our other rights or remedies, simple interest at 1% per month will be payable on demand from the due date until payment.
3.7 You indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.
4.1 We undertake to use reasonable endeavours to deliver the Goods within the time specified by us but dates we give for delivery are indicative only.
4.2 Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability will be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).
5. OWNERSHIP AND RISK
5.1 Consumers: Goods ordered through us are at our risk until delivered to you. Once delivered, ownership and risk in the Goods passes to you.
5.2 Business customers (including Goods sold on credit):
(a) The Seller retains ownership (both legal and equitable) of any Goods delivered by the Seller to the Customer (and the Customer is a bailee only in respect of those Goods) until payment in full is made for those Goods. Until such time, the Customer retains possession of the Goods in its premises as bailee in a manner such that they are readily identifiable as the Seller’s property.
(b) Unless the Seller directs otherwise, the Customer may sell any Goods to third parties in its normal course of trading.
(c) Risk in Goods supplied by the Seller to the Customer passes to the Customer when such Goods are delivered to the Customer or into custody on the Customer’s behalf provided that if the Customer fails to accept the Goods or requests that delivery of the Goods be delayed, risk in the Goods will be borne by the Customer from the time of such failure or request.
(d) The Customer must insure and keep insured delivered Goods to the full sale price against all risk until the Seller has received payment for the Goods in full. The Customer will, upon request, provide evidence of insurance cover.
6. GUARANTEES AND LIABILITY
6.1 Consumer Guarantees Act: If you are not buying Goods for business purposes the following applies:
(a) If you are a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these Terms and Conditions and are not affected by anything in this Agreement.
(b) If items you have purchased are damaged, faulty or spoiled at the time of delivery, we will comply with our obligations under the Consumer Guarantees Act 1993. Otherwise, we do not accept cancellations or returns. The Seller is not obliged to provide you with a refund if you have changed your mind so please place your orders carefully. In the case of custom order we do not take responsibility for any mistakes you may make uploading and finalising your images or text.
6.2 Business customers: If you are buying Goods for business purposes the following applies:
(a) All new goods sold by the Seller are guaranteed for three months against manufacturing defects (subject to the limitations, terms and conditions contained in the manufacturer’s warranty) from the date of purchase. Some brands may carry specific warranties for longer periods – please check our website and confirm the length of warranty with us at the time of purchase of the goods
(b) All warranty claims will be subject to assessment by the Seller as to whether the warranty claim is valid. Where the Seller (acting reasonably) determines that the warranty claim is not valid, then the Customer will pay to the Seller the reasonable costs or expenses incurred by the Seller in rectifying the claim.
(c) The Seller will have the option, exercisable at its discretion, to replace or give credit for any Goods in respect of which a breach of warranty claim is made and proven, or to refund the price paid by the Customer, thereby fully discharging all legal liability of the Seller.
(d) All warranties of merchantability or fitness for a particular purpose and all other representations, statements, warranties or conditions whether statutory or made by any representative or agent of the Seller or otherwise, whether express or implied, are excluded to the extent permitted by law.
(e) The Seller’s liability under or arising from this Agreement, whether in contract, tort, equity or otherwise, is limited to the lower of: (i) the price actually paid by the Customer for the Goods complained of; (ii) the cost of repairing the Goods; and (iii) the actual loss or damage suffered by the Customer.
(f) The Seller accepts no liability for any damages or losses arising from any act, default or negligence on the part of the Customer or its employees, subcontractors or agents.
(g) Neither party will be liable for indirect, special, consequential or similar losses or damages, including but not limited to loss of profit or revenues, or other financial or economic losses of any kind, and whether or not the other party has been advised of the potential for such damages.
7. INTELLECTUAL PROPERTY
7.1 Third Party Rights: You warrant that:
(a) you own any images or text (“Material”) that you upload to our website, they are free of any claims or encumbrances and you are entitled to provide that Material to us; and
(b) any Material you provide to us is yours and does not violate any existing intellectual property rights including, without limitation, copyright, trade mark, or any other proprietary or contractual rights.
We reserve the right to reject your Material and cancel your order if we believe you do not own it.
7.2 Indemnity: You will be liable for, and will indemnify us against, any and all liability, loss, damages, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by us, whether direct or consequential (including without limitation any economic loss or other loss of profits, business or goodwill), arising out of any dispute or contractual, tortious or other claim or proceeding brought against us arising from any third party claim that the Material infringes a third party’s intellectual property rights.
7.3 Reuse: We confirm we will not reuse your Material on Goods for other customers. With your prior consent we may display images of your Goods on our social media accounts or other marketing channels.
7.4 Commissioned Design: if the Price you have paid includes an additional design fee for original design work then we cannot reuse that design.
8.1 Events outside our control: If any cause beyond the reasonable control of the Seller including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, act of God or other contingency interferes with delivery by the Seller or with the performance by the Seller or any of its obligations under this Agreement then the Seller may at its sole discretion suspend its performance of any such obligation or cancel this Agreement and will not be liable to the Customer in any respect.
8.2 Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.
8.3 Variation to Terms: We may vary or replace these Terms from time to time by publication on our website.
8.4 Waiver: This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement. We may only waive a term or condition in writing, and such waiver will only apply to the particular transaction to which it refers.
8.6 Electronic Communications: You consent to receive commercial electronic messages from us. If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.
8.7 Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.