Terms and Conditions of Sale
Winc New Zealand Ltd
Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this site. By using this site, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, then do not use this site.
All goods and services (“Products”) supplied by Winc New Zealand Limited (“Winc”) are supplied on these terms and conditions.
No order shall be binding on Winc until accepted by Winc. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Winc of an order from the Customer. Winc reserves the right to accept any order in whole or in part. Where Winc makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Winc.
All credit orders are accepted by Winc subject to satisfactory credit approval of the Customer, and are governed by Winc’ credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 30 days from the date of invoice, or 15 days from the date of a consolidated monthly statement, whichever is the earlier, except in the case of software licences, where payment must be made within 7 days of invoice date. Payment must be made in full without set off or deduction. Winc will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer. Winc reserves the right to charge Card Surcharges in the event payments are made using a credit, debit or charge card including Visa, MasterCard, American Express or Diners Club.
Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Winc. Risk in the Products will pass to the Customer on delivery to the Customer. Until all sums due to Winc by the Customer have been paid in full, Winc has a Purchase Money Security Interest in all Products. In addition, Winc has a general security interest in all present and after acquired goods for any indebtedness owed by the Customer to Winc.
If the Products are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Products shall remain with Winc until the Customer has made payment for all Products, and where those Products are mixed with other property so as to be part of or a constituent of any new goods, title to these new goods shall be deemed to be assigned to Winc as security for the satisfaction by the Customer of the full amount owing between Winc and the Customer.
The Customer agrees that Winc shall be entitled to register a Purchase Money Security Interest under the Personal Property Securities Act 1999 (NZ) (“PPSA”), and Winc shall be entitled to recover possession of goods subject to that security interest.
The Customer gives irrevocable authority to Winc to enter any premises occupied by the Customer or on which Goods are situated at any reasonable time after default by the Customer or before default if Winc believes a default is likely and to remove and repossess any Goods and any other property to which Goods are attached or in which Goods are incorporated. Winc shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Winc may either resell any repossessed Goods and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling, and other costs) or may retain any repossessed Goods and credit the Customer’s account with the invoice value thereof less any sum as Winc reasonably determines on account of wear and tear, depreciation, obsolescence, loss of profit, or costs.
When Goods are retained by Winc pursuant to this clause, the Customer waives the right to receive notice under section 120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under section 121 of the PPSA.
The following shall constitute defaults by the Customer:
a) Non-payment of any sum by the due date.
b) The Customer intimates that it will not pay any sum by the due date.
c) Any Goods are seized by any other creditor of the Customer, or any other creditor intimates that it intends to seize the Goods.
d) Any Goods in the possession of the Customer are materially damaged while any sum due from the Customer to Winc remains unpaid.
e) The Customer is or becomes bankrupt, goes into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distrains against any of the Customer’s assets.
f) A Court judgment is entered against the Customer and remains unsatisfied for seven days.
g) Any material adverse change in the financial position of the Customer.
The Customer undertakes to:
a) Sign any document and/or provide any information, such information to be complete, accurate, and up-to-date in all respects, which Winc may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register (“PPSR”);
b) Indemnify, and upon demand reimburse, Winc for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby;
c) Not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of Winc; and
d) Give Winc not less than 14 days prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including, but not limited to, changes in the Customer’s address, facsimile number, or business practice).
Unless otherwise agreed to in writing by Winc, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
Winc reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Winc.
For Business Interiors: Delivery times for Business Interiors may vary and are subject to product availability from the supplier and the location of the supplier.
Winc will accept returns in accordance with the terms and conditions of its then current returns policy available here.
Where Winc has agreed to procure, warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Winc may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Winc against all claims, demands, loss, costs and expenses incurred by or made against Winc, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Winc may use, print or reproduce at the Customer’s request.
Except for those required or implied by legislation, Winc gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Winc. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Winc under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited at the option of Winc, to:
(a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(b) If the breach or liability relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
To the maximum extent permitted by law and except as expressly provided above, Winc shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Winc or the failure of Winc to comply with these terms and conditions.
The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods from Winc for the purposes of a business in terms of sections 2 and 43 of that Act.
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Winc will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Winc reserves the right to change these Terms and Conditions at any time. Additional terms and conditions also apply when an order is placed via NetXpress.co.nz.
Winc reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and the parties agree to submit to the jurisdiction of the courts of New Zealand.
The failure by Winc to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver or preclude any other or further exercise or the exercise of any other right or power.
These terms and conditions apply only to the Winc Furniture Fundamentals Range.
a) Free delivery is available on all orders of furniture in the Winc Furniture Fundamentals Range with delivery to metropolitan areas in Auckland, Wellington and Christchurch. For deliveries outside these areas delivery charges may apply and will be advised at the time of purchase. Alternatively please call 0800 800 547 to speak to sales support about any delivery charges to your area.
b) Deliveries are only available to the North and South Islands. Deliveries can only be made to the nominated address between 8:00am and 5:00pm, Monday to Friday on business days. Deliveries cannot be made to post office boxes.
c) Winc Fast & Free Delivery is available on the Winc Furniture Fundamentals Range to all areas in which free delivery is available. The intention of Winc Fast & Free Delivery is to arrange delivery of furniture in the Winc Furniture Fundamentals Range to customers in the free delivery areas within 5 business days of order completion. Delivery outside the free delivery area may still be within 5 business days although cannot be guaranteed. While every effort is made to ensure delivery within the expedited time, it cannot be guaranteed and delivery times may be affected by external factors out of the control of Winc. Furniture assembly is available on selected products, within the delivery area. Please contact your Winc Account Manager for further details.
The following warranty is offered by Winc in addition to the statutory rights to which you may be entitled under applicable consumer protection laws and regulations.
Winc warrants to the original purchaser that the Sustainable Earth™ by Winc™ Toner Cartridge shall be free of defects in design, assembly, material or workmanship for the earlier of the life of the cartridge (until the toner is depleted) or for one year from date of purchase. Your toner is depleted when you begin to see faded or light type on your printed page or, if applicable, your printer indicates a toner low message. Winc will replace any defective Sustainable Earth™ by Winc™ Toner Cartridge free of charge by contacting technical support or your Winc representative.
Winc further warrants that the toner cartridge will not damage the print-head or printing mechanism when stored, installed and used in accordance with our recommended procedures or the printer manufacturer’s recommended procedures. In the event of any damage to a print-head or printing mechanism caused solely and directly by the use of Sustainable Earth™ by Winc™ Toner Cartridge, Winc will pay the reasonable cost of service and repair of the print-head or printing mechanism so damaged, provided the customer (1) notifies us of such damage in writing within thirty days and (2) delivers to us at the customer’s expense, a written service report, signed by authorised technical service personnel, identifying the product supplied as the sole and direct cause of such damage, along with print samples and damaged or replaced parts.
Our goods come with guarantees that cannot be excluded under Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
This warranty does not apply to normal wear or damage from misuse, abuse, improper storage and handling, installation, accident, repair or alteration. To the fullest extent permitted by law, in no event will Winc be liable for any loss of profits, business, savings, data, records, or any incidental, indirect, special, punitive, or consequential damages relating to this product. Except as stated herein or required by law, no other warranties shall apply.
To claim your replacement, contact technical support:
New Zealand 0508 686 063