General Terms and Conditions
1. General
SourcedNZ Limited is the owner and publisher of this website and its content(s) and is referred to as “us”, “we” and “our” which when taken separately or together refers to SourcedNZ Limited.
The use of this website by you and the purchase of any goods from this website shall be subject to these Online Sale – Terms and Conditions contained herein. You implicitly and irrevocably agree by and through your use of this website that you agree to with the terms, conditions and impositions in our Online Sale – Terms and Conditions and your use of this website is sufficient authority to us for the enforcement of these terms and conditions.
If you do not agree to any of the terms and conditions in our Online Sale – Terms and Conditions, our Privacy Policy and/or our General Terms and Conditions, you must refrain from using this website.
2. Supply and Distribution
The Customer agrees that the retailer is only responsible for the supply of the goods ordered on this website and does not accept liability as to the quality of the good supplied and accepts that any issues pertaining to the quality of the goods supplied will be referred to the supplier for rectification. SourcedNZ Limited does not warranty the quality of the goods supplied and as a user and customer you accept that SourcedNZ Limited is only responsible for the supply of goods from the stock it has on hand. You as a user of this website and as a customer of SourcedNZ Limited accept that you will have no right of redress against SourcedNZ Limited under section 16 under Part 2 and section 18 of the Consumer Guarantees Act 1993 and you specifically and irrevocably agree to contract of this provision to the intent that you agree to address any redress directly against the supplier or manufacturer for any product(s) or good(s) supplied on this website to you pursuant to section 13 of the Consumer Guarantees Act 1993.
In the event that there is non-fulfilment of an order due to the unavailability of stock, SourcedNZ will provide the customer a full refund of the purchase price within seven (7) working days from receipt of a complaint from you as the user and customer of this website.
SourcedNZ Limited will however, arrange for the return of any faulty product(s) or good(s) which it accepts are faulty on its return by you at your cost to SourcedNZ Limited to the supplier (where possible) to determine the cause of the fault. If the cause of the fault is major or where the product(s) or good(s) cannot be repaired, SourcedNZ Limited will endeavor to negotiate with the supplier to arrange for the replacement of the product. You accept that not all product(s) or good(s) may come with a manufacturer’s warranty and that you will only have a claim against the supplier or manufacturer and not SourcedNZ Limited as the seller and supplier of the product(s) or good(s) supplied on its website.
3. Reservation of Rights
SourcedNZ Limited reserves the right to revise these online sale terms from time to time at its discretion. Any revision of the sale terms shall be immediately published on this website and you as the user and customer shall be deemed to have accepted any amendments or revisions to the sale terms by way of publication of the revised sale terms on this website without any further notification to you and you accept to be bound by any revised sale terms and accept to receive email notification(s) of any revisions of the sale terms from us or by a third party affiliated with SourcedNZ Limited.
4. Price
SourcedNZ Limited agrees that the total price for the goods supplied is the total price for any products advertised on this website and comprises the cost of the product(s) or good(s) supplied, insurance charges and service charges. You as a user and customer of this website and as a customer of SourcedNZ accept that the total price does not include any delivery charges or surcharges which are payable separately to the total price for the goods supplied.
5. Orders Placed Online
By placing any orders for product(s) or good(s) ordered on the website, you agree that before proceeding with the order and making payment for the product(s) or good(s) to be supplied, you irrevocably agree that making payment for the product(s) or good(s) ordered, you will not cancel or revoke your order for any reason whatsoever. Payments will not be reversed for any product(s) or good(s) paid for by you and ordered through this website.
6. Contract for Sale and Supply of Goods
You agree that a binding contractual agreement will exist between SourcedNZ Limited and you as the user of this website and the customer of SourcedNZ Limited once you make an offer to purchase product(s) or good(s) advertised on this website and by you making payment in full in accordance with the terms and conditions of these online sales terms and conditions.
7. Deemed Acceptance
You agree that you will be deemed to have accepted your offer to purchase irrevocably when:
a) You have placed an electronic order for products or goods through this website;
b) You confirm the order details as being correct by the placement of an order;
c) Payment being received in full by SourcedNZ Limited for the products or goods ordered through this website;
d) Our acceptance of your offer in accordance with these online sales terms on receipt of full payment for the products or goods ordered through this website.
e) When all electronic requirements set out in these online sales terms have been met at the discretion of SourcedNZ Limited;
f) The electronic instruction containing the offer you enter on this website is recorded on our database;
g) When a record for your order is created and stored on our database; and
h) When confirmation has been received by us that full payment for the products or goods have been received (including any applicable delivery or surcharges in addition to the purchase price) and on confirmation of that payment being received by our database.
You irrevocably agree that the provisions under certain law including but not limited to sections 20, 36 and 38 of the Sale of Goods Act 1908 and sections 16 and 18 of the Consumer Guarantees Act 1993 shall not apply to these online sales terms and you agree to specifically and irrevocably contract out of these provisions under the Sale of Goods Act 1908 and the Consumer Guarantees Act 1993 against the retailer to the intent and with the effect that these provisions will not be applicable to you as the user of this website and as a customer of SourcedNZ Limited and you agree that you will not have a right of cause of action against SourcedNZ Limited as the retailer of products or goods ordered by you through this website under these specific provisions.
8. Deemed Acknowledgement
You acknowledge and accept that the transmission of any offer(s) made by you through this website may not be received by us for reasons beyond our control including but not limited to electronic failure, mechanical, software, computer, telecommunication problems or by way of a failure of a third party website provider or other systems.
You agree that to the extent provided for by the law except for the provisions under sections 20, 36 and 38 of the Sale of Goods Act 1908 and sections 16 and 18 of the Consumer Guarantees Act 1993 and under the Contract and Commercial Law Act 2017 (which you expressly and agree to contract out of for any claims by you against SourcedNZ Limited as the retailer), that SourcedNZ Limited will not be liable to you in any way for any loss or damage caused to you which arises directly or indirectly in relation to and in connection to an electronic instruction through this website or any such electronic instruction.
9. Confirmation of Order(s)
You will receive a confirmation email from us immediately once you have placed an order through this website and full payment for the product(s) or good(s) have been received and confirmed by our database.
If your order(s) have not been accepted by SourcedNZ Limited for any reason whatsoever, we will notify you by telephone or email and we will arrange for a full refund of any payments made by you for the order(s).
You agree that SourcedNZ Limited may at its sole and absolute discretion accept or reject any offer(s) made by you for any reason including but not limited to an error in the advertised price,
incorrect description of the product(s) or good(s) on this website or an error on your order(s).
10. Repossession of Goods
You accept that SourcedNZ Limited as a retailer has an interest in any product(s) or good(s) supplied to you through this website or through any third-party affiliated website with SourcedNZ Limited. To secure performance of the obligations of SourcedNZ Limited to the supplier and under the contract between you and us, the money payable under the contract, or both, you agree that if you fail to meet your obligations under the contract, then SourcedNZ Limited as the retailer or the manufacturer will be entitled to repossess and sell its property to recover any balance outstanding under this contract including but not limited to any costs of recovery incidental to the repossession and sale of the product(s) or good(s) including legal costs regardless of whether the goods or products have been paid in full by you as the Customer.
If the disposal or sale of any product(s) or good(s) following repossession covers the whole liability of you as the customer, then the balance from the net disposal or sale proceeds (if any) will be refunded to you. If the balance from the net sale proceeds is not sufficient to cover the whole liability of you as the customer then you will remain liable for any outstanding balance under this contract including but not limited to any default fees incurred by reason of your breach under the contract, late payment fees, administrative and legal costs incurred by SourcedNZ Limited for the repossession, disposal or sale of the product(s) or good(s).
11. Fraudulent or Consequential Loss
You agree that SourcedNZ Limited will not be responsible for any loss or damage which arises either directly or indirectly by way of a credit card, debit card or a TNZ account fraudulently used or otherwise used in an unauthorized manner through its website. Any fraudulent or unauthorized use will not be the responsibility of SourcedNZ Limited and you agree that it will be your responsibility to seek redress of any fraudulent or unauthorized use through your bank, lender or the New Zealand Police.
12. No Right of Cancellation
There is no right of cancellation if you decide to cancel the contract once an order is placed through this website unless SourcedNZ Limited agrees to it at its sole discretion. Any orders placed by you will be deemed as your intention to be bound by these online sales terms and conditions and any contract thereafter. You agree that you will have no right of objection if SourcedNZ Limited does not agree to a cancellation with you except for as otherwise provided for under the law but save the provisions expressly and irrevocably contracted out of under these online terms and conditions.
SouredNZ Limited however will act reasonably in processing any requests for cancellation but any requests for cancellation made will be incumbent whether the order(s) made by you have been processed and possession parted with by SourcedNZ Limited. Any costs incidental to any courier or delivery charges shall be borne by you if SourcedNZ is able to accept a request for cancellation. You may request a cancellation of the order no later than twenty-four (24) hours of the order having been made by calling our customer services on 0800 331 551 or by emailing info@sourcednz.co.nz
13. Refund – Change of Mind
You can request a refund of the purchase price for any product(s) or good(s) ordered by you through this website within twenty-four (24) hours from the date of the order with time being of the essence if you have a “change of mind” once you have placed an order for product(s) or good(s) through this website.
SourcedNZ Limited shall have the sole discretion to decide whether it shall agree to a refund of the purchase price to you because of a “change of mind” and this discretion shall be unfettered.
If a refund is agreed to by SourcedNZ Limited then you must return the product(s) or good(s) at your own cost to SourcedNZ Limited in a fully resaleable and undamaged condition, in its original and unopened packaging and accompanied by the order number(s). If you fail to meet any of these conditions, then a refund will not be processed and the items will be shipped back to you at your cost if you agree to have these returned. If you do not agree to have these product(s) or good(s) returned, then you accept that it becomes the sole property of SourcedNZ Limited and no compensation will be paid to you.
Notwithstanding anything to the contrary under these online sales terms and conditions a refund will not be processed or any requests accepted for any personal care and grooming products, beds, mattresses and pillows, mattress protectors and bed linen or any shipping and return delivery fees.
Any refunds agreed to be paid to you because of “change of mind” by you is completely at the discretion of SourcedNZ Limited and any refund made to you shall not include any costs for courier or delivery charges already incurred or to be incurred in relation to the cost of the return shipping. You agree to be responsible for the full costs of the return shipping should SourcedNZ Limited agree to provide a refund to you for a “change of mind”.
14. Frustration of Contract
You as the customer agree that in the event of a frustration of contract pursuant to the Contract and Commercial Law Act 2017, the frustration of contract will only apply to the extent that the contract has been frustrated by way of default by the retailer once the retailer has received the products or goods and has the products or goods in its possession but which is not supplied to you within a reasonable time. However, the contract will not be deemed to be frustrated by SourcedNZ Limited as the retailer if through no fault of its own if there is a frustration of contract by way of force majeure, pandemic, epidemic, national or international restrictions imposed on trade, acts of sabotage, war, terrorism and/or any other event affecting the shipment of goods from anywhere in the world to New Zealand.
14.1 In the event the contract can be deemed to be frustrated by SourcedNZ Limited pursuant to this clause, then it will refund any sums paid by you which it holds and which has not been released to any supplier or any third party supplier in full.
14.2 You agree that you will first endeavor to resolve any dispute by agreement with SourcedNZ Limited or otherwise if agreed then by way of mediation.
14.3 In the event that any dispute in relation to the contract including but not limited to a frustration of contract claim has not been resolved by agreement or through mediation within thirty (30) days of the dispute being raised by either the customer or SourcedNZ Limited both parties agree that the dispute will be resolved by way of arbitration in accordance with the Arbitration Act 1996 or any other statutory provision relating to arbitration at that time.
14.4 If the parties are unable to agree on an arbitrator, an arbitrator shall be appointed, upon request of either party, by the president or vice president of the New Zealand Law Society. That appointment shall be binding on all parties to the arbitration and shall be subject to no appeal.
15. Title and Risk
The title to the product(s) or good(s) will not pass to you as the customer until all monies payable by you under any contract has been paid in full including any default fees and until you have fulfilled all your obligations under the contract pursuant to these online sales terms and conditions. However, the risk of the product(s) or good(s) will pass to you as the customer once all the terms outlined in clause 8 of these online sales terms and conditions have been satisfied by you and accepted by SourcedNZ Limited once it has been dispatched by SourcedNZ Limited. You as the customer agree to indemnify SourcedNZ Limited as the supplier against destruction or loss of goods (including legal forfeiture) and from all liabilities once possession of the goods has been passed to you.
16. Insurance
SourcedNZ Limited as the retailer will at its expense effect and maintain insurance in relation to the supply and storage of products and goods and agrees that it will obtain a comprehensive insurance policy for full insurable value of goods and products (where applicable). However, you accept that this does not guarantee that you may benefit from any insurance policy in the event of a loss or destruction of the products or goods dispatched by SourcedNZ Limited.
17. Delivery and Tracking
The correct delivery address must be provided at checkout during payment for the order of product(s) or goods through this website. You accept that you are responsible for ensuring that the details provided for the order and the delivery details are correct and acknowledge that this may not be able to be amended once the product(s) or the good(s) have been dispatched. A signature will be required on delivery and the courier may contact you in advance of the delivery to confirm delivery arrangements. However, SourcedNZ Limited will not be responsible for the delivery of product(s) or good(s) once these have been dispatched by SourcedNZ Limited as the retailer and once possession has been passed to the courier or delivery company. You accept that the costs for the courier or delivery charges are in addition to and not in inclusive of the total purchase price for the product(s) or good(s) you order through this website. The delivery costs will be displayed at checkout and is calculated on a formula based on cubic measurements, weight and delivery location except otherwise where a flat-rate delivery fee may apply.
18. Right to Stop Goods in Transit
Where payment for any product(s) or good(s) has not been made in full to SourcedNZ Limited or if the payment is not confirmed by its database, then you agree that SourcedNZ reserves the right to stop the delivery of any product(s) or good(s) in transit if SourcedNZ Limited or the manufacturer of the product(s) or good(s) has parted with possession of the product(s) or good(s) and you agree that SourcedNZ Limited has the right to stop the product(s) or good(s) in transit. If the goods are stopped in transit, then SourcedNZ Limited will be entitled to retain any sums paid by you and received by SourcedNZ Limited and confirmed by its database and will have a claim against you as the customer for damages in relation to its obligations with the supplier and any costs associated with the goods being stopped in transit, including but not limited to costs associated with the goods having being returned to SourcedNZ Limited or the supplier. For the avoidance of doubt, in the event of the product(s) or good(s) being stopped in transit and despite the goods being in international waters, New Zealand laws will apply in relation to a default or cancellation under this clause by you as the customer.
19. Existing or Future Goods
You acknowledge that SourcedNZ Limited as the supplier will place an order for the goods as soon as possible following receipt of full payment by you for the product(s) or good(s) ordered on confirmation of full payment by you on its database. The order once placed may be for existing goods pursuant to s 126 of the Contract and Commercial Law Act 2017 where there is ready supply or for future goods where the goods are yet to be manufactured. SourcedNZ Limited as the retailer will try to endeavor to secure the order as soon as practicable however cannot guarantee that it will be able to secure the supply of existing goods on order since this is incumbent on the supply capacity of the supplier and beyond its control.
20. Stipulations about Time
You as the customer and SourcedNZ Limited as the retailer agree that notwithstanding the provisions of s 131 of the Contract and Commercial Law Act 2017, the time for the payment of the purchase price for the product(s) or good(s) ordered through this website is an essential term of contract and you agree to specifically contract of section 131 of the Contract and Commercial Law Act 2017 with SourcedNZ Limited as the retailer and to the extent that the time for payment is determined to be when you complete full payment for the product(s) or good(s) through this website by way of an electronic transaction.
21. Repudiation of Contract
SourcedNZ Limited will be entitled to cancel the contract if, by words or conduct, you as the customer repudiates the contract by making it clear that you do not intend to perform your obligations under the contract. In the event of a repudiation of contract by you as the customer, then SourcedNZ Limited will be entitled to claim against you for breach and repudiation of contract.
22. Fit for Purpose
SourcedNZ Limited warrants that the product(s) or good(s) supplied to you are reasonably fit for purpose as defined in s 138 of the Contract and Commercial Law Act 2017 and if the product(s) or good(s) are deemed not to be fit for purpose, then you as the customer shall have the right to pursue remedies against the supplier only and not SourcedNZ Limited as the retailer under s 195 of the Contract and Commercial Law Act 2017.
23. Damages for Non-Acceptance
SourcedNZ Limited will have the right to claim damages for non-acceptance of the product(s) or good(s) if you as the customer wrongfully or willfully neglect or refuse to accept and pay for the product(s) or good(s). The measure of damages will be determined in relation to the difference between the contract price, market price or the current price for the product(s) or good(s).
24. Damages for Non-Delivery
You agree that you will only have a right against the courier or delivery company transiting the product(s) or good(s) to you for a claim against non-delivery if the courier or delivery company
wrongfully or willfully neglects or refuses to deliver the product(s) or good(s) to you. However, the right to claim against the courier or delivery company for non-delivery of product(s) or good(s) does not extend to a manufacturing, supply or a force majeure event beyond the control of SourcedNZ Limited.
25. Privacy Policy
You agree that SourcedNZ Limited may collect, hold, use and store your personal information in accordance with the Privacy Act 2020. Any information collected for you will not be used for any illegal purpose and you will be provided with disclosure on your request to SourcedNZ Limited of any information we hold about you.
You accept that our website uses cookies for analysis and to enhance your experience. By clicking the “Accept” button on our website in relation to accepting the cookies, you are deemed to have accepted our use of the cookies. For more information on cookies and how to manage them please click here.
26. Contract to Take Precedence
Where there is a conflict or a contrary intention or interpretation under the Sales of Goods Act 1908, Consumer Guarantees Act 1993, the Contract and Commercial Law Act 2017 or any other applicable legislation or regulations, then it is agreed by you that the terms and conditions of these online sales terms and conditions will take precedence.
27. Interpretation
Arbitration - Has the meaning given to it under the Arbitration Act 1996.
Customer - You as the individual or entity placing an order for the supply of goods.
Default - The failure of the customer to fulfill any of its obligations under the contract and more particularly failure of his, her or its obligation to pay the deposit or the balance of the purchase price on the due date.
Existing Goods - Goods which have been already manufactured and are ready to be shipped by the manufacturer.
Fit for Purpose - Has the meaning given to it under s 138 of the Contract and Commercial Law Act 2017.
Force Majeure - Means an act beyond the reasonable control of either party through no fault of their own such as a pandemic, epidemic, national or international restrictions on trade, sabotage, war, terrorism and/or any other adverse events affecting the trade supply of the goods with such event(s) only applying where the supplier has the goods in its possession.
Frustration of Contract - The meaning given to it under the Contract and Commercial Law Act 2017.
Future Goods - Goods which are yet to be made by the manufacturer and which are yet to be shipped and as more particularly defined under s 126(1) of the Contract and Commercial Law Act 2017.
Good(s) - Means any tangible goods for sale on this website.
Guarantor - The person or entity who or which has agreed to pay for the outstanding balance in the event the customer is unable or unwilling to pay or fulfill its obligations under this contract in full.
Insurance - An arrangement by which an insurance company undertakes to provide a guarantee to compensate for specified loss or damages in consideration of a specified premium.
complete the installation of the goods.
Inspection of Goods - Has its ordinary meaning and confers the right to the customer to inspect the goods prior to accepting delivery.
Interest Rate - The total interest rate charged by SourcedNZ Limited at a rate of 14% per annum for any damages incurred by it as a reason of a default by you.
Manufacturer - Means any person or Company which makes, produces or manufactures products or goods for sale.
Order(s) - Means an offer to purchase goods on this website in exchange for money based on your response to an invitation to treat made by us through this website.
Price - The total price payable by the customer for the for the supply of product(s) or good(s) through this website.
Possession - Means the person or entity who has possession of the goods but does not equate to ownership of the goods but mere possession.
Price - Has the meaning given to it under s 120 of the Contract and Commercial Law Act 2017 and means the full price under this contract for the supply of goods.
Product(s) - Means any tangible products for sale on this website.
Repudiation of Contract - Has the meaning given to it under s 36 of the Contract and Commercial Law Act 2017.
Retailer - Means Sourced NZ Limited, being a duly incorporated company with the Companies Office under incorporation number 922639.
Supplier - Means any person or Company which supplies products or goods to SourcedNZ Limited for the sale of these products or goods on the website of SourcedNZ Limited.
Title - Means absolute ownership of the goods.
Transit - The carriage of goods and the passage of time between the release of goods by SourcedNZ Limited and the receipt of goods by you.
Third Party - Includes any agent or contractor, subcontractor, or any other person or entity engaged by us in the creation, provision and maintenance of this website or in the fulfilment of orders made through this website.
You - Means anyone who visits or uses this website and includes you.