Terms Of Use
Updated 13 September 2018
Welcome to https://newzealandluxury.nz/. Our Terms and Conditions are intended to keep our Website a safe place for advertising luxury goods.
Terms and conditions
A. Acceptance of Terms and Conditions: The Terms and Conditions are the terms on which https://newzealandluxury.nz/ (herein after referred to as Website) offers you access to its website services as a user of the website. If you do not accept these terms and conditions, you must refrain from any use of our services.
B. Amendment of Terms and Conditions: We will amend these Terms and Conditions from time to time. All amendments will become effective immediately upon posting of our amended Terms and Conditions on this website. You are responsible for making sure that you familiarise yourself with the latest Terms and Conditions at all times. Your continued use of our Website represents your agreement to be bound by the Terms and Conditions as amended.
C. Terminology: In these Terms and Conditions, the following expressions have the meanings as set out below:
'Website' means https://newzealandluxury.nz/ website through which services are offered;
'Services' means any of the services offered by this website;
'Member' means a paid registered member who sells items on this website;
'Item', 'Items' means goods, products, property or service (Experience) that may be bought or sold through the website;
'We', 'Us' and 'Our' are a reference to our website;
'You' and 'Your' refer to you;
'Listing' means any listing advertised on this website;
'Seller' is a person or company placing a listing.
Details
A. Services: Our website simply provides a web portal to advertise luxury goods for sale. We do not act as an agent for either party (buyer or seller) and we do not participate in any sale or transaction between you and the seller. We only provide our website as a portal for sellers and advertisers.
B. At Your Own Risk: You conduct all transactions and all other contact between you and the seller entirely at your own risk. You agree that we take no responsibility or liability for any dealings. We do not give any undertakings or warranties in relation to any items advertised.
C. Disclaimer: You expressly understand and agree to the following:
a. Various parts of our website are under developmental stages. Your use of our Website Services is at your own risk. This Website and Services are provided on an "as is" and "as available" basis and we exclude all implied conditions or warranties of merchantability or fitness for a particular purpose.
b. We do not warrant that the Services or any information provided will be error free, secure, correct, fit for purpose, uninterrupted, timely or reliable;
c. No advice or information that is obtained by you from our website or anyone else shall create any warranty by us that is not expressly stated in the terms and conditions; and
d. Each advertiser is solely responsible for any representation made in connection with its advertisement. The responsibility for all content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests absolutely with the advertisers. The placement of such advertisements on the Website does not constitute our recommendation or endorsement of the advertised item or service in any way.
D. Liability: You agree that, to maximum extent permitted by law, any and all liability and responsibility of Us to you or to any other person under or in connection with these Terms and Conditions, or in connection with the Website services of this Website, or your use of our website or inability to use our Website, another user’s acts or any omissions, security breaches, regarding the services of this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Our liability and responsibility is totally excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and any consequential and incidental loss.
E. Indemnity: You agree to release, indemnify and keep us indemnified from and against all claims, actions, costs (including any legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with our Terms and Conditions.
Becoming a member
A. Becoming a User is free, requiring no membership.
B. Becoming a Member: We charge annual membership fees to list items on our Website. All fees are in New Zealand dollars and include GST. Memberships are on an annual basis. No refund is given if membership is not used or cancelled.
Only paid members can list 1 or more items for sale. Currently, membership is available on annual basis only and not per item listed. You do not need to pay us or need to become a member to buy the listed item as you will deal directly with the advertiser and pay directly to the advertiser.
If registering as a person, you may only register to use our service if you are resident in New Zealand and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a seller, you warrant that you can form a legally binding contract.
If registering as a business, you may only register to use our service if your business is registered in New Zealand and can form a legally binding contract that is enforceable against your business directors. By registering as a seller, you warrant that you can form a legally binding contract.
C. Accuracy of Information: You warrant that you have provided complete, accurate and current personal information when registering as a seller. You must maintain and update your personal information held by us to ensure it is kept current at all times. We may phone or mail (but not email) you to verify these details.
D. Termination of Membership: We reserve the right to decline to register or to terminate your membership without providing any reason or notice. Without limiting the foregoing, we may terminate your membership if a serious complaint or multiple complaints are received about you or if you breach these Terms and Conditions, or if we, at our discretion, deem your behaviour to be unacceptable. You may at any time close your membership by giving us seven days' notice in writing. If you close your membership, or if it is terminated by us, your ability to list on our website will end.
E. Security: You alone are responsible for keeping all your login information, including your email address and password, secret and secure. You agree not to allow any other person access to use your user name or membership; and not to disclose to any other person, your password, or any other information in connection with your membership that may allow them to gain access to your membership. You are responsible for any actions taken through your membership. Our memberships are not transferable.
F. Emails and Newsletters: We will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Services to you. We may also send regular electronic newsletters to members. Newsletters will contain instructions for unsubscribing from the mailing list.
Seller obligations
A. Only items that meet our strict criteria for luxury items can be listed for sale. These are confidential and will be discussed only with the seller.
B. All items must be listed in New Zealand dollars and include GST (if applicable) All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
C. Sellers must be located in New Zealand. Sellers outside of New Zealand are not permitted to sell on our website.
D. You will only list items in good faith, always ensuring that they are accurate, complete, and include all relevant information about the terms of sale including payment terms. You will only place listings for items that already exist in New Zealand, that you agree to sell them, and that you have the legal authority to sell them. If selling multiple motor vehicles, you must be a registered motor vehicle dealer.
E. If listing land or real estate for sale, this must be located in New Zealand.
F. All listings must necessarily comply with all New Zealand law. You shall not list any item that is illegal, offensive, stolen, or unsafe, anything which infringes on the copyright or intellectual property rights or any sort of pyramid or multi-level marketing schemes. We may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you have breached this clause.
G. For protection of your images, we may watermark them with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
H. We screen all listings before being permitted on our website. We will remove any listing that we at our sole discretion deem to be unsuitable or in breach of the Terms and Conditions.
I. The sale of specific items like movies, films, videos, DVDs, VCDs and laser disks is covered by New Zealand’s Films, Videos and Publications Classification Act 1993. You must always include within your listing, the New Zealand classification rating and all the information on the classification label.
J. If selling firearms and ammunition, you must have a written order signed by the purchaser and an endorsement by the Police that the Police has inspected the purchaser's firearms licence and that the purchaser is a proper person to purchase that firearm or ammunition. Sellers must sight the firearms licence of the buyer, or must receive written confirmation signed by Police confirming the buyer holds a valid firearms licence. Forms for these are available at any police station.
You may only sell firearms that exist in New Zealand. Overseas members may not buy firearms on this website.
Other
A. We will endeavour to ensure the availability of the Website and Services. However, We take no responsibility for any system unavailability, either due to maintenance or for any other reason, or for any loss that is incurred as a result of Website or Services being unavailable.
B. We shall have no liability for unavailability of the Services or the Website, or for any failure of us to comply with these terms and conditions where the same arises from any cause reasonably beyond our control (Force Majeure).
C. These terms and conditions are governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.
D. If we do not exercise or enforce any right available to us under these terms and conditions, it shall not constitute a waiver of those rights.
E. If any provision of these terms and conditions becomes or is held to be unenforceable or illegal for any reason, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
F. We and/or members and/or providers own all proprietary and intellectual property rights in the Website and this will include logos, graphics, text, graphics, underlying software and the Website. You may not, without our written permission, adapt, store, reproduce, distribute, print, commercialise or create derivative works from our website.
G. These Terms and Conditions supersede all previous Terms and Conditions, understandings, agreements, representations, commitments, whether written or oral.