“Buyer” shall refer to the buyer, any person acting on behalf of and with the authority of the Buyer, or any person purchasing Goods from us.
“Goods” shall refer to any Goods delivered by PieceHouse (as more fully described in any invoice or other sales record issued by PieceHouse) to you or your agent, including freight and handling charges incurred in doing so all of which form part of these terms and conditions.
“PieceHouse” shall refer to PieceHouse Limited, or any agents or employees thereof.
“Price” shall refer to the cost of the Goods, and includes all disbursements.
ACCEPTANCE AND CONDITIONS
1.1 All orders are subject to acceptance and confirmation by PieceHouse.
1.2 Unless otherwise agreed in writing, the Buyer shall not:
a) Appoint any Agent, Sub-Agent, Person or Entity to re-sell the Goods.
b) Sell the Goods to any Person or Entity whom they know or have reason to believe intends to re-sell the Goods.
c) Sell through third party websites or other channels.
PRICE
Wholesale prices are as per the puzzle pricing and order quantity (units), outlined on the Order Form on the previous page. Wholesale rates are subject to change.
PAYMENT
3.1 Full payment must be received by PieceHouse before the Goods will be shipped unless otherwise agreed to in writing by both parties. If costs apply which are indeterminable in advance of shipping, such as some or all potential shipping costs, these will be invoiced separately.
3.2 Payment on invoices is due on 14 days of receiving your invoice, unless otherwise agreed to in writing by both parties. PieceHouse will accept payment by direct bank transfer only.
3.3 Payments for sales within New Zealand will be made in New Zealand dollars.
NEW BUYERS
New Buyers must complete an Order Form as per the previous page.
ORDERING PROCEDURE
A PieceHouse Order form must be correctly filled out and sent to hello@piecehouse.co.nz.. The order form is legally bound to the agreements therein including these Wholesale Terms and Conditions of Sale. After the placement of an order PieceHouse will provide the Buyer with a Sales Confirmation. Once a Sales Confirmation has been issued, the Buyer is legally bound to the order and any agreements therein including these terms and conditions. Minimum order requirements are established and the minimum order units per product are as follows: Minimum of 10 puzzles per order.
RETENTION OF TITLE
Title to the Goods shall remain vested in PieceHouse and shall not pass to the Buyer until the purchase Price for the Goods has been paid in full and received by PieceHouse. upon delivery. The Buyer shall insure the Goods to their full replacement value.
SHIPPING TERMS
Goods are delivered within New Zealand by courier. Freight is covered by The Buyer and the courier charge will be specified on the invoice. Wholesale orders do not qualify for retail shipping discounts.
GST
GST is not included in the Price and will be invoiced additionally to the agreed Price, if applicable.
DELAYS
9.1 Force majeure
No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or [telephone service], and no other Party will have a right to terminate this agreement in such circumstances. Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
9.2 If a delivery date is agreed it is an estimate only and PieceHouse will use all reasonable endeavors to deliver by such date.
CANCELLATION
10.1 PieceHouse may cancel this contract at any time by giving written notice. PieceHouse shall not be liable to any loss or damage whatsoever arising from such cancellation.
10.2 Cancellation or alteration to the order by the Buyer after the order has been submitted may be subject to a cancellation fee representing 50% of the value of the cancelled order at the discretion of PieceHouse.
10.3 Cancellation of any order by the Buyer must be submitted in writing. PieceHouse has no obligation to accept cancellation of any part of the order once the order has been submitted by the Buyer. Decisions regarding the acceptance of any part of the order are at the discretion of PieceHouse.
RISK OF LOSS
Once the Goods have been delivered and signed by the Buyer all risk of loss is the responsibility of the Buyer.
INSPECTION OF GOODS ON RECEIPT
Unless the Buyer has inspected the Goods and given written notice to PieceHouse within seven (7) days after delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
RETURN OF GOODS
The Buyer may return any PieceHouse jigsaw puzzles that have not been sold within three months from the date it arrived to the Buyer, for a full cash refund. The returned product must be in its original packaging and in the same condition as when it was received by the Buyer. The return shipment expenses are to be carried by the Buyer. The refund will be processed after verifying the returned product’s condition, and the payment will be made to the original payment method used by the Buyer.
NON-DELIVERY
At times, Goods will not be produced, or will be produced but not be up to the quality expected by PieceHouse. While every attempt will be made to avoid non-delivery, if such a situation arises, non-delivery of Goods will be accepted by the Buyer and PieceHouse will accept no liability for resulting losses to the Buyer. The Buyer will not be invoiced for non-delivered Goods.
INSURANCE
PieceHouse will insure the Goods up until delivery to the Buyers specified location. Thereafter, the Goods are the responsibility of the Buyer.
WARRANTY
16.1 PieceHouse warrants that the Goods delivered meet the Buyers specifications as stated on the ‘Order Form’ and ‘Sales Confirmation’. Once delivered the Buyer assumes all risk and liability resulting from use of the Goods.
16.2 If any fault is evident within the Goods, that is a result of faulty manufacturing PieceHouse will replace the Goods. If the Goods are no longer in stock a credit will be offered.
LIABILITY
If any fault in the Goods is deemed to be from misuse, wear and tear, tampering or not following care instructions no refund or replacement will be offered.
PRIVACY ACT 1993
PieceHouse may provide any Solicitor, Debt Collection Agency, or any other Business associated with the purpose of collecting monies, information about the Buyer.
COMPLIANCE WITH LAW
The Buyer must comply with all legislation relating to the usage and description of the merchandise.
INTELLECTUAL PROPERTY
The content and design of all products and logos are copyright and belong to PieceHouse. The Buyer may not use any intellectual property without written permission.
PieceHouse will provide The Buyer with written product descriptions and imagery to utilise in store, website and/or marketing materials.
GOVERNING LAW
New Zealand law and the decisions of its courts shall be the exclusive place of jurisdiction with respect to any question or controversy that may arise hereunder from disputes or transactions with PieceHouse.
SEVERABILITY
If any provision contained in these Conditions of Sale is held by a court to be unlawful, invalid or unenforceable, the validity and enforce-ability of the remaining provisions are not affected.
UPDATES TO THESE TERMS AND CONDITIONS
PieceHouse reserves the right to update these terms and conditions from time to time as required.
Parties
This agreement is made between
Piecehouse Limited, a company incorporated in New Zealand [under company number 8226792 and] whose registered office is at 18 Kingsley Street, Westmere, Auckland 1022 (“PieceHouse”)
And
The “Buyer”
On signing the Order Form “The Buyer” agrees to be bound by these Terms & Conditions.