Purchasing terms and conditions

These terms and conditions apply to the acquisition of stamps, coins, memorabilia and other collectables, and any other goods and services from the New Zealand Post Collectables and Solutions Centre. By submitting a customer application or making an order, you agree to be bound by these and any additional terms and conditions mentioned below or that we tell you will apply, so please read them carefully.

1. Customer application

1.1 Any person may apply to become a 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 or make an order.

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.


2. 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 You may apply to use a payment facility by completing the necessary forms. We may decline any application at our sole discretion. Use of a particular payment facility is deemed agreement by you to any additional terms and conditions of that payment facility as specified in the relevant forms.

2.3 You may change from one approved payment facility to another by completing the necessary forms. You should give us at least 3 weeks’ notice of any such change.

2.4 Unless you instruct us otherwise, we will charge the purchase price of your orders (including the cost of delivery) to your payment facility. We will notify you if we are unable to charge the purchase price of an order to your payment facility. If that happens, we may choose to dispatch, hold or cancel that order at our sole discretion.

2.5 Without limiting clause 10.8, we reserve the right to change the terms and conditions 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.

2.6 We will keep records of your balance, and notify you of your balance on invoices and statements to you, and on request.


3. Goods and services

3.1From 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 and conditions as specified in the relevant forms. By using a particular method of ordering, you are deemed to agree to those additional terms and conditions.

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, some or all ordered goods and services.


4. 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.


5. Delivery

5.1 Orders will be delivered by post 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 post, 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 and conditions is subject to New Zealand Post’s Public Contract for the Delivery of Postal and Courier Items and the Postal Users’ Guide (available for inspection at any PostShop or at www.nzpost.co.nz).


6. Return of goods

If you are not completely satisfied with your purchase you may return it within 14 days of receiving it. At your option 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). This clause 6 does not apply to custom goods or services under clause 4.


7. Charges

Prices are subject to change. Please check for up-to-date prices before ordering. Charges for delivery will be at the rates applicable at the time of sending.


8. Notices

8.1 You can contact us using the details below:

Postal:
Collectables and Solutions Centre
Private Bag 3001
Whanganui 4541
New Zealand

Physical:
Collectables and Solutions Centre
5 Church Place
Whanganui 4500
New Zealand

Email: Collectables@nzpost.co.nz

Phone:+64 6 349 1234 (or freephone within New Zealand - 0800 STAMPS)

Fax:+64 6 345 7120

8.2 We may give you notice under these terms and conditions by sending notice to you at the contact details you have supplied to us and making the notice publicly available on our website. 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 electronic communications (including facsimile, email and notification on our website), on the next working day after such communication is sent or made publicly available (as evidenced by the relevant electronic records); or

(c)for communications sent by pre-paid post, two working days after posting.


9. 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 Consumer Guarantees Act 1993 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 and conditions.

9.4 This clause 9 survives the termination of these terms and conditions.


10. 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. By 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, unless you notify us that you do not want to receive these.

10.3 Supervening legislation: Nothing in these terms and conditions 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 and conditions without our consent. We may assign any of our rights and obligations under these terms and conditions 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 and conditions replace any earlier agreement between you and us. In particular, they replace the "New Zealand Post Collector Customer Account Terms and Conditions" dated March 2009.

10.6 Governing law: These terms and conditions 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 and conditions.

10.7 Layby Sales Act and Door to Door Sales Act: The parties agree that nothing in these terms and conditions is intended to create a layby sale under the Layby Sales Act 1971 or a credit agreement under the Door to Door Sales Act 1967.

10.8 Unclaimed monies: Any property or money owing to you by us for more than 5 years and 11 months after the date of the last transaction or correspondence received by us from you will be deemed abandoned and the proceeds will belong to us. We will make reasonable efforts to contact you prior to such abandonment taking effect.

10.9 Amendment or replacement: We may amend or replace these terms and conditions 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 date of the amended or new terms and conditions, you will be deemed to accept the new terms and conditions.


11. Interpretation

11.1 In these terms and conditions, 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 and conditions 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 and conditions, 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. See our brochure or website for details of current approved payment facilities;

"Goods and services"

means stamps, coins, memorabilia, other collectables and other goods and services provided by the New Zealand Post Collectables and Solutions Centre;

"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 and conditions. See our brochure or website for the relevant forms;

"Order"

means an order for goods and services pursuant to these terms and conditions;

"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 New Zealand Post Limited in connection with the provision of goods and services or these terms and conditions and "our" has a corresponding meaning;

"You"

means any person who has completed an application form and we have accepted as a customer


Additional terms and conditions for pre-payment facilities

These terms and conditions for pre-payment facilities are additional to the New Zealand Post Collectables and Solutions Centre customer terms and conditions (the "customer terms and conditions"). By using our pre-payment facilities, you agree to be bound by all these terms and conditions.

1. Credits: You may pre-pay us for purchases of goods and services by such methods as we may notify from time to time. These may include, for example, overpayments for goods and services that you instruct us not to refund but to hold and apply to future purchases. We will keep a record of the balance of the amounts you have prepaid and not yet spent on purchases. Amounts will only be credited to your pre-payment balance once the funds have cleared.

2. Refunds: Amounts you pre-pay may only be used to purchase goods and services from us. However, you may request us to refund your pre-payment balance by contacting us directly. Under no circumstances will we consider refund requests unless we are satisfied on reasonable grounds that the request was made by you or someone authorised by you. As we cannot guarantee refunds, you should only pre-pay us amounts that you think you will spend on goods and services from us.

3. Interest and security: Pre-payment balances do not receive any interest, and are not secured or guaranteed.