Premier Workplace Solutions: Terms and Conditions
1 About These Terms And Conditions
In these Terms and Conditions, “premiersafety.co.nz”, “Premier Workplace Solutions, “PWS”, “We” and “Us” mean Premier Workplace Solutions Limited (New Zealand), of 1 The Anchorage, Haruru Falls, Haruru Falls, Paihia, New Zealand, and “You” means You the customer. “Product” means any goods purchased from the shopping Site at http://www.pwsonline.co.nz. These Terms and Conditions together with Your Order constitute the entire Contract between Us and You for the supply of Products. The Contract cannot be varied unless We agree to vary it in writing or by email.
2.1 The Site is a shopping Website where You can browse, select and purchase Products from Premier Workplace Solutions (PWS) (“PWS”, “Us” or “We”).
2.2 Your access to and Use of the Site, including Your orders and purchases of Products through the Site, is governed by these terms and conditions.
3.2 You agree to comply with all relevant laws relating to Your Use of the Site and Your placement of any order through the Site.
3.3 You agree not to Use any data listed on the Site for commercial purposes e.g. through price or information scraping.
4 Your Account
4.1 If You are under the age of eighteen (18) years You cannot place orders with PWS. By accepting these Terms and Conditions You acknowledge that You are over the age of eighteen (18) years.
4.2 Should PWS suffer any damage or other losses as a result of a transaction entered into by a minor, PWS reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with PWS.
4.3 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.
4.4 PWS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
5 Placing an order for Products
5.1 You may purchase Products by selecting and submitting Your order through the Site in accordance with these terms and conditions.
5.2 Any order placed through this Site for a Product is an offer by You to purchase the particular Product for the price notified (including the delivery and other charges, fees and taxes) at the time You place the order, on the terms and conditions set out in these PWS Online Terms and Conditions.
5.3 We may ask You to provide additional details or require You to confirm Your details to enable Us to process any orders placed through the Site.
5.4 You agree to provide Us with current, complete and accurate details in response to requests by Us, to You, for information.
6 Acceptance or rejection of an order
6.1 In certain circumstances, We may need to reject Your order, including but not limited to where the requested Product is not available or if there is an error in the price or the Product description posted on the Site.
6.2 Each order placed for Products through the Site that We accept results in a separate binding agreement between You and Us for the supply of those Products. For each order accepted by Us, We will:
(a) supply the Products in that order to You in accordance with these terms and conditions; and
(b) send You an email confirmation of that order – though with the nature of the internet We cannot guarantee receipt. Please add the PWS email address in Your contact address book to ensure emails are not sent to SPAM or blocked by Your fire wall.
6.3 If We reject an order placed through the Site, We will endeavour to notify You of that rejection at the time You place the order or within a reasonable time after You submit Your order.
6.4 In the interests of all our customers, We reserve the right to refuse to supply Products if multiple orders are placed or large quantities of the same Product are ordered for the same billing or shipping address.
7 Delivery of Products
7.1 We only sell and ship Products within New Zealand. We will not make deliveries outside of New Zealand.
7.2 We will only deliver Products ordered through the Site to a location where We provide delivery services. You may receive multiple deliveries for Your order and these are described at the point of checkout. We or our delivery company may need to contact You to arrange a delivery date for certain Products.
7.3 You may obtain further information on the Site about our delivery timeframes and how We deliver certain Products. The Delivery Fee for Your order depends on the type of Product You order (in particular, the size and Weight of the Product).
7.4 You agree to comply with certain delivery requirements specified below and such other requirements that We notify You when You place Your order through the Site.
7.5 An appropriate person must be present to accept the delivery of Your order.
7.6 We may require the person accepting the delivery of Your order to provide Us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then We may also ask You to show Us the credit card for Us to conduct our verification checks.
7.7 If You are unable to show Us the credit card for Us to conduct verification checks, then We will not deliver the Products You have ordered. In this instance, We will endeavour to contact You or You may contact Us to arrange for delivery at a different time, and We may charge You an additional Delivery Fee for that replacement delivery.
(a) acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by You to receive Your order; and
(b) will ensure that, in the case of Restricted Products, the person authorised by You to receive Your order is over the required age as prescribed by law or as otherwise set out in these terms and conditions.
7.9 We will not deliver a Restricted Product to a person who is unable to prove that he or she is over the required age as prescribed by law or as otherwise set out in these terms and conditions. In this instance, We will cancel the order and refund any amounts paid for that order under these terms and conditions (excluding the Delivery Fee).
8 Cancelling an order
8.1 We may cancel any part of an order (including any orders that We have accepted) without any liability to You for that cancellation at any time if:
(a) the Products in that order are not available; or
(b) there is an error in the price or the Product description posted on the Site for the Product in that order; or
(c) Your order has been placed in breach of these terms and conditions.
8.2 If We cancel any part of an order in accordance with:
(a) clause 8.1: then We will endeavour to provide You with reasonable notice of that cancellation, and will not charge You for the cancelled order. If any payment has been taken, then the full payment amount, including the delivery fee and any other fees and charges, will be refunded to Your original payment method or through an alternative means.
(b) clause 8.1: We will endeavour to provide You with reasonable notice of that cancellation, and will only charge You the:
(i) Administration fee; and
(ii) provided We are not in breach of these terms and conditions, a cancellation fee of the lesser of $25 or the value of the payments made may be deducted.
If any payment has been taken, then the full payment amount less these above amounts will be refunded to Your original payment method or through an alternative means.
8.3 You may cancel an order (whether it is accepted by Us or not) by contacting Us at email@example.com or on 09 402 6750 during Business Hours at any time prior to the dispatch of that order. On cancelling the order, We will refund You Your payment to Your original payment method or through an alternative means. If We cannot stop the shipment of the order at the time of cancellation, then You will be required to refuse delivery or return the Products in order to receive a refund in accordance with the PWS Returns Policy.
9 Fees and charges
9.1 We will charge You, and You agree to pay the purchase price of each Product that is ordered, the delivery fee for Your order that We notify to You when You place Your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
9.2 All fees and charges identified in these terms and conditions and all prices for the Products indicate whether the price is GST exclusive or inclusive where applicable.
9.3 The purchase price of each Product is shown on the Product list on the Site at the time You place Your order. We are not obliged to match any prices unless otherwise stated.
9.4 Prices for Products change from time to time and/or may be subject to a special offer. We do not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the Product description posted on the Site for the Product in that order), once We have accepted Your order, We will not change any prices that apply to the Products in that order.
9.5 If You cancel an order then We will refund any amounts paid by You for that cancelled order in accordance with our Return Policy
10 Payment methods
10.1 You may pay the fees and charges for an accepted order (excluding lay-by orders) with any of the following payment methods:
- Debit cards displaying a Visa or Mastercard logo
- 30-Day Account (available to approved customers only, please phone 09 402 6750)
10.2 Payment processing will not begin until We receive all the information that We need.
10.3 Orders placed on a Weekend or a Public holiday will not begin payment processing until the next business day.
10.4 Business days are Monday through Friday, excluding New Zealand Public holidays.
10.5 If We are unable to successfully process Your nominated payment method for Your order that is accepted by Us, then We may cancel Your order.
10.6 If You choose to pay by credit card, You authorise Us to debit the amount that is payable from Your nominated credit card for an accepted order.
10.7 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
10.8 We will provide You with an order number at the time of ordering and a receipt at the time of delivery which specifies the total fees and charges for the Products in the order.
11 Damaged Products and returns
11.1 The PWS Returns Policy applies to all purchases of Products Using the Site and forms part of these terms and conditions. If You suspect that a Product is damaged on delivery, then You should refuse to take receipt of that Product and notify Us by contacting Us at firstname.lastname@example.org or on 09 402 6750.
12.1 While PWS employs Secure Sockets Layer (SSL) technology software for its transactions with our customers, PWS will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently Used or is Used in an unauthorised manner.
12.2 Subject to clause 12.4, We exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that We do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
12.3 Subject to clause 12.4, We will not be liable to You for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
12.4 To the extent permitted by law and subject to clause 12.6 and any rights to which You may be entitled under the PWS Returns Policy, our liability to You for any loss or damage arising out of or in connection with the supply of goods or service under this Agreement, Your Use of the Site or any breach by Us of this Agreement however arising (whether for breach of the terms of this Agreement, tort (including negligence), statute, equity otherwise at common law or on any other basis) is limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
12.5 Our liability to You for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that You cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
12.6 Nothing in these terms and conditions is intended to have the effect of excluding, restricting or modifying:
(a) the application of all or any of the provisions of Part 2 of the Consumer Guarantees Act 1993; or
(b) the exercise of a right conferred by such a provision; or
(c) any liability of PWS in relation to a failure to comply with a guarantee that applies under the Consumer Guarantees Act 1993 to a supply of goods or services.
13 Force Majeure
13.1 To the extent permitted by law, PWS is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of PWS, and PWS shall be entitled to a reasonable extension of time for the performance of such obligations.
14.1 We may immediately suspend, terminate or limit Your access to and Use of the Site and (where relevant) Your account if You breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) You fail to remedy the breach within 10 days of our notice to You of that breach; or
(c) if there is an emergency.
14.2 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that We have accepted will not be affected by this unless the Products that have been ordered are no longer available or We are prevented from supplying the Products, in which case, We will notify You and will refund to You all valid payments received by Us for those Products.
15 Changes to these terms and conditions
15.1 For future orders, these terms may be different and so We recommend that You read these terms carefully each time You agree to them during the ordering process.
15.2 We will not change any terms and conditions for an existing order that has been accepted by Us; the terms and conditions that will apply to the order are the terms and conditions that applied at the time You placed Your order.
16.4 You may choose to opt-in or opt out of the receipt of marketing material from PWS by contacting Us at email@example.com or on 09 402 6750.
17.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
17.2 This agreement is governed by the laws of New Zealand.
18 Risk of Loss
18.1 Risk and title to Product passes to You on the date and time of delivery to the Delivery Address.
19 Product Descriptions
19.1 PWS attempts to be as accurate as possible. However, PWS does not warrant that Product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free.
19.2 PWS makes no warranty as to the ability of a Product to perform functions other than that which is specifically stated in the Product description. PWS recommends that should You have any doubt that You contact Us before purchasing any Product to ensure that it is fit for the purpose You intend.
20 Other Businesses
20.1 Where there are links on the Site which direct You to a third party Website owned and operated by another company other than PWS, the Terms and Conditions of those Sites are individual to the Site that You are visiting and should be reviewed and agreed upon in accordance with their Terms and Conditions. The Terms and Conditions will specify who You will be entering into a contract with on that Site. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or individuals or the content of their Web Sites. PWS does not assume any responsibility or liability for the actions, Product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of Use.
20.1 Capitalised terms Used are defined in these terms and conditions. In these terms:
20.2 Business Hours means 8.30am to 5pm Monday to Friday (NZ Time), excluding New Zealand public holidays.
20.3 Delivery Address means the address specified by You during the customer registration process for the delivery of Products that We will supply to You under these terms and conditions.
20.4 GST has the meaning it has in Goods and Services Act 1985.
20.5 Product means any goods purchased displayed on, or purchased from, the shopping Site at http://www.pwsonline.co.nz
20.6 PWSONLINE, PWS, We and Us mean Premier Workplace Solutions Limited (New Zealand)
20.7 Site means PWS shopping Site at http://www.premiersafety.co.nz
20.8 You means You the customer.