Terms and Conditions
Terms Used: The seller refers to Digital Spot Ltd t/a Digital Spot Printing, MyCards Invitations and My Envelopes. The buyer refers to any legal entity purchasing from the seller. There is no minimum purchase for online orders.
Shipping Shipping costs are calculated NZ Wide and vary, Rural Delivery costs more and larger parcels have an extra charge. Please allow up to 1 to 2 business days for your order to be dispatched if items are in stock, they are mostly dispatched same day if order placed before 2pm. Generally shipping times range from overnight to 7 days depending on stock availability and destination of package – rural delivery. If items are custom made please allow up to 5 business days for dispatch. If items are back ordered please allow up to 10 business days for dispatch.
I’ve changed my mind and no longer want the item I ordered. Unfortunately we are unable to accept a return if you’ve simply changed your mind, ordered the wrong size (sizes are clearly stated), or no longer want the item. We are willing to make compromises though so please don’t hesitate to ask if you do need to exchange an item (there will be a $15 fee (or 6% whichever is greater) to cover – restocking/accounting/creditcard fees. Made to order items or order in specifically for you, are not refundable. We will need to inspect the goods to make sure that they are in pristine condition for restocking and reselling. The freight portion is not refundable and the cost of returning is the buyers cost. If you wish to cancel your order that has not been processed there will be a 6% charge (or $15) whichever is higher. To cover accounting/creditcard fees. All Artwork completed is not refundable. If printing has started there is No Refund.
General These Conditions of Use shall prevail over any terms contained in any order or offer made by the buyer or any document used by the buyer (which shall have no effect).
Ordering The seller’s website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer, to buy those products, in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
Order Process The buyer may order products from the seller by completing and submitting the checkout process on the seller’s website. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers order. The name that will appear on cardholder statements will be Digital Spot.
The Sellers Discretion in Rejecting Orders No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.
Consumer Guarantees Act 1993 In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (the Act) then: If the buyer is acquiring products from the seller for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products. In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall any way limit the purchaser’s rights under the Act.
Prices Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars ($NZD) show as exclusive of GST, GST of 15% will be added on. Any currency conversion will take place online at the rate applicable at the time of purchase. We are an NZ owned business.
Taxes and other Charges All prices and delivery charges within New Zealand shown are GST Exclusive, plus New Zealand Goods and Services Tax at the rate of 15%.
Overseas orders (available to Australia only) Except for New Zealand Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to buyers order. The buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to buyers order. Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller. The seller may vary any prices on the seller’s website at any time and without notice to the buyer.
Availability and Cancellation All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.
Cancellation of Orders Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order. The seller may cancel the buyer’s order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 6% of the price, or $15, whichever is greater. All artwork completed will not be refunded. Also items that are made specifically for the buyer, items that have been ordered in for the customer, or any items that have been modified at the buyers request will also not be refundable, also any freight charges incurred.
Damages or Loss in Transit Liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where the buyer believes that there is a shortage in the quantity of products delivered, the buyer must notify the seller of any such claim within 7 days of delivery and must provide the seller with a reasonable opportunity to investigate that claim. Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner: Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received. Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly. Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition. No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller. Return of Goods for Credit in Online Voucher Codes or Refund Goods supplied in accordance with the buyer’s order can only be returned with the express approval of the seller. Please refer to the Returns Policy below to see what is covered.
Delivery & Shortages Once the seller has confirmed acceptance of the buyer’s order, the seller will endeavour to dispatch the buyer’s order within 2 business days unless a different time frame is specified in relation to a particular product. If the seller is unable to dispatch the buyer’s order within the time frame specified the seller will endeavour to contact the buyer and advise the buyer of the expected dispatch date. The seller reserves the right to dispatch the buyer’s order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments up until the installment is confirmed. Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery. The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers delivery instructions. New Zealand law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost.
Liability and Maintenance Guarantee To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose. To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product. To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller. The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer, in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
Errors or Omissions The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller’s administrative processes, errors (if any) may be discovered up to 14 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund. Any errors or omissions in printing that relate to artwork will not be refunded, as all printing is not completed without the buyers consent.
Ownership and Risk Ownership of all goods sold by the seller (the goods) is retained by the seller until until the buyer has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment. Until full payment is made the buyer agrees to: Enable the goods to be readily identifiable as the property of the seller. Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller. On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale. All artwork remains in the ownership of Mycards. Personal Property Securities Act 1999 – Until full payment has been received for the buyers order, the buyer acknowledges and agrees that: These Conditions of Use constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and a security interest is taken in all products previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer (if any). The seller undertakes to: Sign any further documents and provide any further information which the buyer may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register; indemnify the seller for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities Register or releasing any item charged thereby; not register a financing change statement or a change demand on the Personal Property Securities Register without our prior written consent; give the seller not less than 14 days’ prior written notice of any proposed change in the buyer’s name or any of the buyer’s contact details. Unless otherwise agreed to in writing by the seller, the buyer waives their right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999. All artwork is owned by MyCards, MyEnvelopes and Digital Spot Ltd. It may be used for our advertising / social media unless informed by customer.
Risk Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility for and risk in the products. Large flat posters are at buyers risk for freighting, these will be packaged well, but we can not guarantee the handling by the courier. We do prefer posters to be collected from our shop in Henderson, Auckland.
Description of Products Modifications and improvements to the seller’s products, prices and data are constantly being made. Although the seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website. The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller. If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take the appropriate action.
Force Majeure The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is is outside the seller’s reasonable control.
Compliance The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.
Changes to these Conditions of Use The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller’s website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.
Severability If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
Disputes and Governing Law Any claim or dispute arising here under shall be subject to arbitration in accordance with the Arbitration Act 1996. These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Conditions of Use (and any contracts to which these Conditions of Use apply). Feel free to contact us if you have any questions.
Returns Policy The vast majority of orders at Digital Spot Printing are delivered without a hitch, but understandably from time-to-time things go wrong and you may need to arrange a return or replacement. This information should help you determine what’s covered. If you are unsure please contact us directly and we’d be happy to help you out.
The item I received is not the item I ordered. We will replace the item, offer you a voucher code for your next visit/order or provide a full refund. To receive your replacement or refund you must return the original item to Digital Spot if we ask and you will be provided with a no-cost return-addressed courier satchel (or similar). We process your refund or replacement within 14 days of receiving your item, but in most case we will send your replacement the same or next day or contact. If you are unsure what to do please contact us.
The item I ordered was damaged in transit. If your item was damaged between leaving the Digital Spot warehouse and arriving at your delivery address you could receive a full refund or replacement depending on the situation. Please email us for details, in some cases our courier providers will collect the damaged parcel from your address, along with the original packaging, and once the damage has been verified your return will be processed. Large flat posters are at buyers risk for freighting, these will be packaged well, but we can not guarantee the handling by the courier. We do prefer posters to be collected from our shop in Henderson, Auckland.
The item I ordered did not arrive. If your item did not arrive the first thing to do is request a track and trace from us if you have not already received one and checked it. We too can check into your parcel, by calling our courier providers on your behalf. If the track and trace on your order indicates that it has been delivered, but you’re unable to find it, we will start an investigation with our courier providers on your behalf. Regrettably, neither Digital Spot nor our courier providers are able to refund or replace items that have been lost, damaged or stolen after being delivered to your property. If you are concerned about leaving your items unattended we recommend putting a comment not to leave without a signature. (duplicate of above)
I’ve changed my mind and no longer want the item I ordered. Unfortunately we are unable to accept a return if you’ve simply changed your mind, ordered the wrong size (sizes are clearly stated), or no longer want the item. We are willing to make compromises though so please don’t hesitate to ask if you do need to exchange an item (there will be a $15 fee (or 6% whichever is greater) to cover – restocking/accounting/creditcard fees. Made to order items or order in specifically for you, are not refundable. We will need to inspect the goods to make sure that they are in pristine condition for restocking and reselling. The freight portion is not refundable and the cost of returning is the buyers cost. If you wish to cancel your order that has not been processed there will be a 6% charge (or $15) whichever is higher. To cover accounting/creditcard fees. All Artwork completed is not refundable. If printing has started there is No Refund. MyCards is fully committed to protecting your rights under the Consumer Guarantees Act if you have any questions please contact us. MyCards | MyEnvelopes | Digital Spot Ltd – we are a NZ Owned Business. GENERAL INQUIRIES 7a Trading Place Henderson AUCKLAND NEW ZEALAND 09 838 9201 EMAIL [email protected]
Terms & Conditions
Standard Terms & Conditions and Recognised Customs of the PRINTING INDUSTRY
Issued by the Printing Industries Federation of New Zealand, Inc.
- GST. All prices are in New Zealand Dollars and are exclusive of GST.
- COLOUR PROOFS. There is no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. The supplier will however use its best endeavours to provide a commercially acceptable finished product.
- PROOF APPROVAL. The supplier is not liable for errors in the finished work where a proof has been submitted to and approved by the customer.
- ELECTRONIC IMAGES AND/OR FILES. It is the customers responsibility to retain a copy of any image or file supplied.
- QUANTITY. Every effort shall be made by the printer to deliver the quantity specified.
- CLAIMS. Complaints regarding finished goods must be received by the supplier within a reasonable time. What is a “reasonable time” will depend on the circumstances of each case, however 10 days is to be regarded as the norm.
- ILLEGAL OR LIBELLOUS MATERIAL.The supplier is not required to reproduce any material that is, in the suppliers opinion, illegal or libellous in nature or that is in breach of any statute. The supplier will be indemnified by the customer in respect of any and all claims, costs, and/or expenses arising out of any libel or breach of statute or infringement of copyright, patent or design.
- SUPPLIER’S LIABILITY. Where the customer is a company or a person in trade the Consumers Guarantee Act 1994 will not apply. The supplier will not be liable for any indirect or consequential loss to the customer arising from third party claims occasioned by errors in the work or by delay in delivery. No warranty is given or responsibility accepted by the supplier to ensure that goods produced comply with the requirements of any legislation relating to the marking and/or labelling, and/or packaging of goods. Compliance with any such legislation is the customers responsibility. No guarantee is given that the goods supplied to the customer are fit for any purpose not made known to the supplier. The supplier shall not be responsible for any delay, default, loss or damage due to any industrial disputes, accidents, acts of God, equipment failure or mischievous damage or other cause beyond the supplier’s control.
- PAYMENT. Payment if on account is due in full on or before the 20th of the month following delivery, unless as otherwise may be agreed.
- GENERAL LIEN/ROMALPA CLAUSE. The supplier has in respect of all unpaid debts, a general lien on all the goods delivered by the supplier or in the supplier’s possession. If after 14 days written notice a debt remains unpaid the supplier is entitled to enter the customer’s premises and seize the goods unpaid for and to dispose of the goods as the supplier sees fit and apply such proceeds towards the debt.
- DISPUTE RESOLUTION. In the first instance any dispute between the parties must be discussed between them to attempt to settle the dispute. Where the parties cannot reach a settlement between themselves, the supplier as a member of Printing Industries New Zealand allows the parties access to the services of Printing Industries New Zealand to resolve any differences between the parties by mediation. If no agreement can be reached through mediation the parties may agree to arbitration by Printing Industries New Zealand by signing a separate agreement. This clause does not remove the customer’s right to refer any dispute to any other body or organisation, or impose any requirement that the customer attend any mediation or arbitration.
- OVERDUE ACCOUNTS. All legal costs calculated on a solicitor/client basis incurred by the supplier in the recovery of overdue accounts, all collection fees, late payment fees and the like are payable on demand by the customer. Interest at the rate of 2% (or as otherwise may be agreed) per calendar month calculated on a daily basis shall be payable by the customer on any outstanding payments from the due date until actual payment. Such interest shall accrue both before and after any judgment.