Terms and Conditions
Citywide Stationery Limited trading as Citywide Office Supplies (herein referred to as "us" or "we")
Customer (herein referred to as "you" or "your")
Citywide Office Supplies agrees to sell and the Customer agrees to buy the goods ordered through Citywide Office Supplies .
Citywide Office Supplies and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Citywide Office Supplies, you accept these conditions. Please read them carefully. In addition, when you use any current or future Citywide Office Supplies service or visit or purchase from any business affiliated with Citywide Office Supplies, whether or not included in the Citywide Office Supplies web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit Citywide Office Supplies or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Citywide Office Supplies or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Citywide Office Supplies and protected by international copyright laws. All software used on this site is the property of Citywide Office Supplies or its software suppliers and protected by international copyright laws.
Citywide Office Supplies and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
Licence and Site Access
Citywide Office Supplies grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Citywide Office Supplies. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Citywide Office Supplies. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Citywide Office Supplies and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Citywide Office Supplies' name or trademarks without the express written consent of Citywide Office Supplies. Any unauthorised use terminates the permission or license granted by Citywide Office Supplies. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Citywide Office Supplies so long as the link does not portray Citywide Office Supplies, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Citywide Office Supplies logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Citywide Office Supplies does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Citywide Office Supplies only with involvement of a parent or guardian. Citywide Office Supplies and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- The purchase price is for goods supplied and packed, and is exclusive of installation and maintenance.
- The price you pay will be increased by the amount of GST, other taxes and duties which may be applicable and insurance/freight/handling charges (except to the extent already expressly included in the price).
- We can revise our prices at any time prior to accepting your order.
- Purchase prices are given in New Zealand dollars.
- You are bound to pay us the price once we accept your order. A quotation does not give rise to a binding contract until you place an order which we subsequently accept.
Payment with an Account
- Payment is due by the 20th of the month following the date of invoice. We can alter the terms of payment with effect from the date that we notify you of such change.
- We can impose a credit limit on you at any time, and alter it at our discretion with effect from the date that we notify you of such change. If you exceed your credit limit, we can refuse to supply goods to you.
- If we at any time consider your credit worthiness to be unsatisfactory we can require security for payment.
- You cannot withhold payment or make any deductions from any amount you owe us without our prior written consent.
Payment without an Account
Payment will be made by the Buyer using one of the following credit cards: Visa or Mastercard.
The price will be inclusive of GST and other taxes and duties which may be applicable.
In using the Seller’s Transaction Processing Service for purchasing the goods the Buyer represents and warrants that he or she is over 18 and has the legal capacity to contract in New Zealand. As the Buyer is using a credit card to process a transaction, the Buyer represents and warrants that the credit card is issued in his or her name and the Buyer shall pay to the issuer all charges incurred through the use of the Transaction Processing Service.
- Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of, the goods to that place. Except where otherwise agreed, you will pay for all resulting transportation costs.
- If no place of delivery is specified, delivery shall take place at the time when the goods are made available for despatch at our premises.
- We can deliver the goods by instalments, and each instalment shall be treated as a separate contract.
- Any time stated for delivery is an estimate only. No claim shall be made by you on account of late shipment, or delivery however caused.
- All freight charges shall be at your cost unless otherwise agreed and stated.
Returns & Cancelled Orders
Goods may be returned for credit, exchange or refund if they are faulty or have been supplied in error, or if returned within 10 days and in perfect condition, undamaged and clean.
- No goods shall be returned for credit without our prior approval and must be returned with details of the original invoice number and date.
- Non faulty products returned may be subject to a minimum 15% restocking fee.
- Freight charges will not be credited under any circumstances.
- Faulty goods will be subject to the normal return procedures for the specific brand being returned.
- All business machines must be returned in original packaging complete with detachable accessories and instruction manuals.
- You will be liable for all delivery and insurance charges incurred in respect of returned goods.
Risk & Ownership
Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms. While ownership of the goods remains with us:
- You must store them separately or clearly identify them as belonging to us.
- We authorise you in the ordinary course of your business to use the goods or sell them for full consideration. This authority is revoked from the earlier of the following: we deem your credit to be unsatisfactory; the occurrence of an Event of Default; or the time that we notify you in writing that this authority is revoked.
- We can enter the premises where the goods are stored and remove them without being responsible for any damage caused in doing so. We can resell any of the goods and apply the proceeds of sale in reduction of amounts you owe to us.
- If you resell or use the goods before ownership of the goods has passed to you, the proceeds of such sale or use shall be received and held by you (in whatever form) in trust for both you and us. Our interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed all amounts you owe us. You will be entitled to the balance of the proceeds.
- We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.
Where the Consumer Guarantees Act 1993 ("Act") applies:
If the goods are acquired by you for business purposes you agree that the Act does not apply. If you on-supply goods you must:
- Do so on the basis that the Act does not apply where the goods are on-supplied for business purposes; and
- Notify consumers that neither we nor any manufacturer undertake that repair facilities or spare parts will be available.
- You acknowledge that no Express Guarantees (as defined in the Act) are provided.
- If a claim is made directly against us by a consumer under the Act then you will refund to us the amount of any damages (up to the value of the margin you made on the goods in question) we are required to pay to that consumer under the Act.
- Nothing in these terms is intended to have the effect of contracting out of the provisions of the Act except to the extent permitted by the Act.
- Except as otherwise required or prevented by law or except as expressly provided under these terms, we are not liable for any claim in relation to any goods we supply to you (including as a result of negligence or otherwise) and all representations, guarantees, warranties and terms of whatever nature (including fitness for purpose) are completely excluded.
Repairs & Replacements
We do not undertake that repair facilities and parts will be available for the goods. We will not be liable to repair or replace any defective goods and at our own discretion we may:
- notify the manufacturer of the goods of any defect notified by you; and
- request the manufacturer to repair or replace any defective goods.
If you do not pay the price by due date, we may charge a default penalty at a rate of 2.5% per month calculated on a daily basis on the unpaid portion of the price from the due date until payment in full, plus any GST.
You will, on demand, pay to us any amount we incur (including solicitors' and collection agency costs, court costs and disbursements) in recovering payment of any overdue account.
If an Event of Default occurs, we may suspend or terminate any contract with you.
If an Event of Default occurs, all amounts you owe us shall immediately become due and payable notwithstanding that the due date has not arisen.
An "Event of Default"; means an event where:
- you fail to comply with the terms of any contract with us; or
- you commit an act of bankruptcy; or
- you enter into any composition or arrangement with your creditors; or
- if you are a company:
- you do anything which would make you liable to be put into liquidation; or
- a resolution is passed or an application is made for liquidation; or
- a receiver or statutory manager is appointed over all or any of your assets.
Use of Information
You agree that we may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business, and you consent to any person providing us with such information.
You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.
You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us or our group of companies. (If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information that we hold about you).
We shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you.
Should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on us for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.
If we are unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our control, then we are released from our obligations under this agreement.
You hereby indemnify and will keep us indemnified against all obligations and liabilities incurred by an act or omission by you in relation to this agreement.
We have the right to cancel this agreement (without prejudice to any of its rights) immediately upon any of the events:
- If you cease or threaten to cease to carry on business; or
- If a receiver or similar officer is appointed in respect of all or any assets belonging to you, or you are unable to pay your debts when they fall due, enter into a scheme with your creditors or any steps are taken to place you into liquidation; or
- If you commit a breach of this agreement and the breach is not remedied within 14 days of notification of the breach by us.
- Upon termination we will be entitled to repossess and resell any unpaid goods within the term of terms risk and ownership. Termination shall not relieve you from any liability or responsibility that has arisen before the date of termination.
THIS SITE IS PROVIDED BY CITYWIDE OFFICE SUPPLIES ON AN "AS IS" AND "AS AVAILABLE" BASIS. CITYWIDE OFFICE SUPPLIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CITYWIDE OFFICE SUPPLIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CITYWIDE OFFICE SUPPLIES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CITYWIDE OFFICE SUPPLIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CITYWIDE OFFICE SUPPLIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
These terms apply to all transactions where we supply goods to you. This agreement supersedes the terms of all prior agreements, understandings, representations or warranties previously given by us in respect of goods.
If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.
If at any time any provision of this agreement becomes illegal, invalid or unenforceable neither the legal validity nor enforceability of the remaining provisions shall in any way be affected or impaired.
If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorised person.
You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.
Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Citywide Office Supplies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Citywide Office Supplies and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Citywide Office Supplies and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Citywide Office Supplies or its affiliates for all claims resulting from content you supply. Citywide Office Supplies has the right but not the obligation to monitor and edit or remove any activity or content. Citywide Office Supplies takes no responsibility and assumes no liability for any content posted by you or any third party.
Any dispute relating in any way to your visit to Citywide Office Supplies or to products you purchase through Citywide Office Supplies shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate Citywide Office Supplies' intellectual property rights, Citywide Office Supplies may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.