Website Terms and Conditions of Use
These Terms applies to the Website which is operated by us.
Use of this Website is subject to these Terms (together with our Terms and Conditions, our Privacy Policy and any other documents referred to herein), and by accessing and using the Website:
i) you indicate you have accepted and agreed to these Terms; and
ii) where your access and use are on behalf of another person(s)/ entity(s) (e.g. a company), you confirm that you are authorised to do so and agree to these Terms on their behalf, and that by agreeing to these Terms they are also bound by these Terms.
If you do not agree with these Terms, you should cease using the Website immediately.
Changes
We reserve the right to change any of the Terms displayed on the Website (and the Prices, our Privacy Policy and/ or our Terms and Conditions) at any time by updating them on the Website. We may let you know of significant changes to these by posting a notification on the Website and making the updated Terms available on the Website but we will not be in any way liable for a failure to do so.
Any change takes effect immediately, unless stated otherwise. You are responsible for ensuring you are familiar with the latest Terms and by continuing to access and use the Website, you agree to be bound by the changed Terms.
If you intend to transact business through this Website, then you confirm you have the authority to do so and you acknowledge that this creates binding and valid legal obligations upon you.
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
Definitions
In these Terms:
“Personal information” means information about an identifiable, living person or can be used to identify you, directly or indirectly.
“Privacy Policy” means our privacy policy from time to time.
“Terms and Conditions” means our terms and conditions of sale from time to time.
“Terms” means these website terms and conditions of use titled “Website Terms and Conditions of Use”.
“us”, “we” or “our” means Stretch Wrap Limited or any person with delegated authority to act on behalf of Stretch Wrap Limited.
“Website” means www.stretchwrap.co.nz.
“you”, “yourself” or “your” means you or both you and the other person(s) / entity(s) on whose behalf you are acting.
Your Obligations
You must provide true, current and complete information in your dealings with us, and must promptly update that information as required so that the information remains true, current and complete. You can provide updated information by sending an email to sales@stretchwrap.co.nz. or by signing in and updating your account on the Website.
You represent and warrant that your use of this Website will comply with all applicable regulations, and the Privacy Act 2020 (New Zealand) or any other applicable laws.
You indemnify us against all loss or liability we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your user ID.
Privacy Policy
We are committed to protecting your privacy.
We recognise that your personal information is confidential and we understand that when you choose to provide us information about yourself that you trust us to act responsibly and in your best interests. Therefore, it is important for you to know how we treat your personal information so please read our Privacy Policy for more information.
Intellectual Property
We (and our licensors) own all proprietary and other intellectual property in the Website. Everything on the Website, unless otherwise stated, is copyright.
We advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of the Website without our express permission.
We welcome the use of the Website – provided that the user acknowledges all copyright and other notices contained in the content.
Disclaimers
The Website is intended to provide information for people shopping for our products and accessing our services, including making purchases via the Website.
While we endeavour to supply accurate information on the Website, errors and omissions may occur. The information contained on the Website is provided in good faith as a guide and it is not a substitute for legal, health or professional advice.
You are solely responsible for the actions you take in reliance on the content on, or accessed, through the Website.
We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
Liability
To the maximum extent permitted by law you access and use the Website at your own risk, and we are not liable or responsible to you or any other person for any loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website.
To the extent permitted by law, we and our licensors do not accept any liability or responsibility, direct or indirect, to you or any other person for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on the Website.
To the extent permitted by law, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of the Website.
These exclusions apply regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
If the Consumer Guarantees Act 1993 (New Zealand) applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using the Website or its content for business purposes, the above exclusions and limits will apply and the Consumer Guarantees Act 1993 (New Zealand) and certain sections of the Fair Trading Act 1986 (New Zealand) will not apply.
You acknowledge that the Website may not always be available or some of the functions on this Website may be temporarily unavailable and that we will not be liable to you in respect of any inability to access or use the Website at any time.
General
If at any time you are on a mailing list of ours then you may request to be removed from the same and we will comply with your request if there is no unsubscribe button provided then please contact us with your request using the “Contact Us” section of this Website.
If we need to contact you, we may do so by email and you agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand.
For us to waive a right under these Terms, the waiver must be in writing.
Version: 9 April 2024
Terms and Conditions of Sale
These terms and conditions apply to any sale of Goods by us whether made via the Website or not.
1. Payment
1.1 You will pay the Prices and charges (including, without limitation, any applicable freight surcharges and administration fees) in accordance with these terms and conditions and any tax invoice.
1.2 For on-account purchases, payment is due by the 20th of the month following delivery and shall be made electronically to us, unless otherwise agreed in writing. For website purchases, payment is due at the time of purchase.
1.3 Each payment to us must be made on the due date in immediately available freely transferable funds in the manner and to the account which we specify from time to time. In the event of a failure to pay on the due date, or in the event that a payment is dishonoured, rejected or reversed, we shall charge, and you shall immediately pay a fee on each occasion, such fee to be determined from time to time by us in its absolute discretion, together with any bank charges, costs and fees incurred by us in respect of a failed payment.
1.4 Each payment by you to us is to be unconditional and is to be in full, without any deduction or withholding whatsoever (whether in respect of tax, set-off, counterclaim or otherwise) unless such deduction or withholding is required by law. If any deduction or withholding is required by law, you will pay to us an additional amount so that the net amount actually received and retained by us on the due date (free from any liability in respect of any deduction or withholding, and ignoring any amount which we are deemed to have received by reason of any legislation) equals the full amount which we would have received had no deduction or withholding been made or required.
1.5 Without limitation and for the avoidance of doubt, your payment obligations will continue notwithstanding any defect in, breakdown, accident, loss, theft or damage to the Goods.
1.6 Where any amounts payable to us by you pursuant to these terms and conditions are overdue for payment:
(a) we reserve the right to withhold delivery of Goods until payment has been made; and/ or
(b) interest payable shall be payable at two per cent. (2%) per month on the overdue amounts (including interest and other costs which has been charged to your account and which remains unpaid) computed from the dates on which payment should have been made until the dates of actual payment.
Collection costs will be incurred if the debt is placed with a debt collection agency and be charged to your account.
1.7 Notwithstanding any other clause of these terms and conditions, where we incur any freight surcharge in respect of any delivery of Goods to you, you indemnify us for such freight surcharge, and we shall be entitled to charge you for such freight surcharge.
1.8 You shall pay us all costs and liabilities incurred in relation to the exercise or enforcement by us of our rights under these terms and conditions.
2. Prices & GST
2.1 The Prices and all other charges payable (other than default or penalty interest or charges in the nature of default or penalty interest) under these terms and conditions and any tax invoice are in in New Zealand dollars and are subject to GST where you are domiciled in New Zealand. We reserve the right to alter Prices at any time for any reason.
3. Delivery
3.1 We will, as soon as reasonably practicable after an order of Goods is received from you, deliver the Goods to the delivery address specified by you in the fastest and most cost-effective manner possible. If no delivery address has been specified, we shall deliver to your normal place of business.
3.2 A delivery date will vary from product to product or order to order due to environmental and commercial factors beyond our control. Any delivery date given or accepted by us is an estimate only – it is not a condition of these terms and conditions nor shall it be the subject of any claim against us. If you need a more definitive delivery date, please call or message us prior to placing your order to confirm it meets your expectations, as once your order is placed it cannot be cancelled. You shall not be relieved of any obligation to accept or pay for an order by reason of any delay in delivery.
3.3 It is the responsibility of you to check Goods on delivery. Claims for shortages or damage in the order must be lodged within forty-eight (48) hours and supported in writing, quoting packing slip and/or invoice number and, in the case of damage, photographic evidence. Subject to clause 3.5(d), if Goods are damaged, you must return the damaged Goods within seven (7) days of delivery.
3.4 Where there is a failure to supply the order or part of the order or all or any part of the order is damaged, subject to clause 3.5(d), our liability shall be restricted to the replacement or payment of the cost of replacing the order or part of the order, as we may decide.
3.5
- We have instructed our carriers on behalf of you to insure Goods under the “Limited Carriers Risk” option, as defined by The Carriage of Goods Act 1979 (New Zealand). Our liability for Goods (including environmental) ends when they leave our or the manufacturer’s warehouse. Excepting any carrier insurance, you shall be responsible for insurance thereof from that time;
- Freight and shipping costs to the carrier’s nearest depot or your door are free of charge throughout New Zealand, except where an order contains any single Goods that weighs greater than 20 kgs. Goods that incur a shipping fee will be identified as a “Heavy Product” during checkout. Please contact us to obtain quotes and relevant details for shipping of any Goods that weighs greater than 20 kgs;
- Any order below minimum order quantities may incur administrative fees at our discretion from time to time. Any such fees will be added to your order total at the time of purchase;
- Goods damaged in transit are the sole responsibility of the carrier and claims of this nature should be forwarded directly to them.
- Subject to clauses 3.3 and 3.7, no Goods will be accepted for return without our prior written consent.
3.6 You acknowledge and agree that:
- except as expressly set out in these terms and conditions or any specific warranty, we have given no representation or warranty regarding the quality, fitness, safety or suitability of the Goods, and no person is authorised by us to do so;
- where we are not the manufacturer of the relevant Goods, you will look to the manufacturer, and not us, for any collateral warranty you may require in relation to such Goods;
- no intellectual property rights including but not limited to copyrights, patents and trademarks in the Goods shall pass under these terms and conditions; and
- we are not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the Goods.
3.7 If you wish to return undamaged Goods to us, you must return them to us within seven (7) days of delivery in their original condition (i.e. unopened and undamaged, and capable of resale), and pay us an administration fee equal to 10% of the value of the Goods. Following receipt of the returned Goods by us to our satisfaction, we will refund an amount equal to the Price of the Goods less the applicable administration fee to your credit card used for the original transaction or the bank account nominated by you. This clause only applies if you are domiciled in New Zealand.
4. Limitation of Liability
4.1 You acknowledge and agree that we have no liability (except where imposed by law and which cannot be excluded by contract) with respect to:
- any implied warranty as to the condition, design, merchantability, suitability or fitness for or purpose of any Goods;
- any implied warranty arising from the course of performance or dealing or from the usage of trade;
- any obligation, liability, right, claim or remedy in tort arising from or in connection with the Goods;
- the taxation or accounting treatment or compliance with any law in respect of these terms and conditions or any payments by or obligations of you under these terms and conditions; or
- any obligation, liability, right, claim or remedy arising from the non-availability, accuracy, level of security or faultiness of any network, power or electrical system, equipment, website, software or other good or service used to operate the Goods or in conjunction with the Goods.
5. Title and Warranties
5.1 Subject to clause 5.3 and notwithstanding clause 6, ownership of and risk in the Goods shall pass to you when such Goods leave our or the manufacturer’s warehouse, or (if earlier) they are delivered by us to you, your agents or into the custody of a third party on your behalf.
5.2 We represent, warrant and undertake to you that:
(a) no security interest exists over the Goods other than arising by virtue of clause 6;
(b) subject to clause 6, you have undisturbed possession of the Goods;
(c) the Goods correspond with any sample or demonstration which you have seen or examined; and
(d) the Goods will be free from defects due to defective factory workmanship or materials.
5.3 Where the Goods are supplied to you on a consignment basis, notwithstanding clause 6, ownership of and risk in the Goods shall pass to you when such Goods are used or sold to a third party by you.
6. Security Interest
6.1 You charges in favour of and grants a security interest to us in all of your right, title and interest in your inventory and its proceeds to the extent that such inventory comprises Goods, as security for the payment by you to us of the Prices and any other monies owing to us from time to time in relation to these terms and conditions. The security interest in the Goods created by these terms and conditions extends to the proceeds of any dealing with the Goods in accordance with the PPSA.
6.2 Notwithstanding the security interest in the Goods created by you in favour of us, you are authorised by us to sell the Goods for full consideration in the ordinary course of its business.
6.3 Pursuant to section 109 of the PPSA, we may take possession of and sell the Goods if you are in default under these terms and conditions, or if the Goods are “at risk”. As your agent for the purposes of this clause, we may enter the premises or vehicles where Goods are stored and remove them. We shall exercise reasonable care in entering and removing such Goods but shall not be liable for any damage caused.
6.4 To the fullest extent permitted by law you waive any rights you may have now or in the future to receive a copy of any verification statement or other confirmation related to the interest created or provided for by, or perfected in the manner contemplated by, these terms and conditions.
7. Definitions
7.1 In these terms and conditions:
“business day” means any day on which banks and financial institutions are open for business in Auckland, New Zealand, other than a Saturday, Sunday or public holiday.
“Goods” means goods supplied by us.
“GST” means goods and services tax payable pursuant to the Goods and Services Act 1985 (New Zealand).
“PPSA” means the Personal Property Securities Act 1999 (New Zealand).
“Prices” means the prices paid for Goods as detailed in the relevant tax invoice.
“security interest” means an interest in personal property created or provided for by a transaction that in substance secures payment or performance of an obligation without regard to the form of the transaction and the identity of the person who has title to the personal property.
“specific warranty” means any specific warranty given by us in respect of a type of Goods.
“tax invoice” has the meaning set out in Goods and Services Act 1985 (New Zealand).
“us”, “we” or “our” means Stretch Wrap Limited (New Zealand company number 8299366)or any person with delegated authority to act on behalf of Stretch Wrap Limited.
“you”, “yourself” or “your” means you or both you and the other person(s) / entity(s) on whose behalf you are acting, as the purchaser of any Goods.
7.2 If there is a conflict between these terms and conditions, and any other terms and conditions of sale made between you and us, these terms and conditions shall prevail.
7.3 If there is a conflict between these terms and conditions, and any specific warranty given by us, the terms of the specific warranty shall prevail.
7.4 We may update these terms and conditions from time to time. We may let you know of significant changes to these terms and conditions by posting a notification on the Website and making the updated these terms and conditions available on the Website but we will not be in any way liable for a failure to do so.
Version: 9 April 2024.
