Terms & Conditions
Trading terms and conditions of Papawai Press Limited
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods.
We are: Papawai Press Limited
Our address is: PO Box 32 455, Devonport, Auckland 0744, New Zealand
You are: a visitor to Our Website / our customer
Terms & Conditions in short
The terms and conditions:
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website” means the entire computing hardware and software installation that is or supports our website.
In this agreement unless the context otherwise requires:
2.1 A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2 These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3 Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4 Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5 The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.6 All money sums mentioned in this agreement and on this website are inclusive of GST.
2.7 A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8 In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.9 These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10 This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3 Our contract with you
3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.4 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
4 Acceptance of your order
4.1 Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason.
4.2 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
5 Price and Payment
5.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
5.2 Prices include New Zealand goods and services tax. If you show by your delivery address that you reside outside New Zealand, GST will be deducted at the payment point.
5.3 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand dollars will be borne by you.
5.4 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
5.5 If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
5.6 The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order.
6 Payment on running credit accountThis paragraph applies only if credit facilities have been granted to you.
6.1 Invoices will be supplied with the goods and no statements will be issued. Payment is required on the invoice.
6.2 Payment is due to reach our account before the 20th day of the month following the month in which the goods were despatched.
6.3 All invoices include details of our bank account so as to enable you to pay directly via the Internet.
6.4 If money due remains overdue after one month, we reserve the right to charge interest on the overdue amount at the rate of 18% per annum. You agree that this does not represent a penalty but is a reasonable estimate of the loss incurred by us as a result of not having the money.
7 Delivery and pick up
7.1 Deliveries will be made by the Carrier to the address stipulated in your order.
7.2 We may deliver the Goods in installments if they are not all available at the same time for delivery.
7.3 We will use the lowest cost method of delivery which is generally NZ Post, although this may change without prior notice.
7.4 Goods to be delivered to an Auckland address may be sent by NZ Post or courier. Goods delivered outside of Auckland and internationally are sent by post unless otherwise requested and arranged prior to confirmation of the order.
7.5 If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8 Foreign taxes and duties
8.1 If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.
8.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
9 Liability for subsequent defects
9.1 We will or replace Goods showing a defect in the following circumstances:
- the defect is reported to us within seven (7) days of purchase;
- the defect results only from faulty manufacture;
- you have returned the defective Goods to us if we have so requested.
9.2 If we agree that we are liable, we will refund the cost of return carriage and will replace the Goods free of charge.
9.3 If we replace Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
10 Goods returnedThese provisions apply in the event that you return any Goods to us for any reason:
10.1 We do not accept returns unless there was a defect in the Goods at the time of purchase or we have agreed in correspondence that you may return them.
10.2 The Goods must be returned to us as soon as any defect is discovered.
10.3 So far as possible, Goods should be returned:
- with both goods and all packaging as far as possible in their original condition;
- securely wrapped;
- including our delivery slip/invoice;
- at your risk and cost.
10.4 You must tell us by email message to email@example.com that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will respond by email and if we accept the return of the Goods will supply instructions for the return of the Goods.
10.5 In returning a defective item please enclose with it a note clearly stating the defect.
10.6 If delivery was made to a New Zealand address, you are also protected by the Sale of Goods Act 1908 and Consumer Guarantees Act 1993.
10.7 If we agree that the item is faulty, we will:
- refund the cost of return carriage;
- replace the item.
11.1 Conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
11.2 We or our Content suppliers may make improvements or changes to Our Website, the Content, at any time and without advance notice.
11.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find.
11.4 We give no warranty and make no representation, express or implied, as to:
- the quality of the Goods;
- any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
- the correspondence of the Goods with any description;
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on Our Website;
- compliance with any law;
- non-infringement of any right.
11.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
11.6 In any event, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.
12 Your account with us
12.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
12.2 If you use Our Website, you are responsible for maintaining the confidentiality of any accounts and passwords and for preventing any unauthorised person from using your computer.
13 Intellectual Property
13.1We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
13.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
13.3 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
13.4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
14 Security of Our Website
If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Part 10 of Crimes Act 1961. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
14.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
14.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
14.3 download any part of Our Website, without our express written consent;
14.4 collect or use any product listings, descriptions, or prices;
14.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
14.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
14.7 for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
14.8 use Our Website to hack into the computer of any other person or make contact with any other computer;
14.9 make available or upload files that contain software or other material, data or information not owned or licenced to you, including pirated computer programs, pirated music or other media or links to any such files;
14.10 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
14.11 upload or republish any part of our Content on any Internet, intranet or extranet site.
14.12 share with a third party any login credentials to Our Website;
14.13 use on Our Website software which assists in:
- data mining, extraction or collection;
- emulating, phreaking, hacking, password cracking, IP spoofing or over-loading Our Website;
- “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques;
- performing any automated operation;
14.14 Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- copy the text of any page for your personal use in connection with the purpose of Our Website.
15 Miscellaneous matters
15.1 No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
15.2 So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
15.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
15.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
15.6 Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
15.7 It shall be deemed to have been delivered:
- If delivered by hand: on the day of delivery;
- If sent by post to the correct address: within 72 hours of posting;
- If sent by fax to the correct number: within 24 hours;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
15.8 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
15.9 This agreement does not give any right to any third party .
15.10 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
15.11 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
15.12 The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.