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Shop.PlaceMakers Terms of Sale

These terms and conditions apply solely to Shop.PlaceMakers.


1. GENERAL

1.1 Definitions
1. "Customer" means you and all other persons who purchase the Goods under your Login, and, as the context requires, includes any person browsing Shop.PlaceMakers who is not registered to use Shop.PlaceMakers.
2. "Delivery" shall occur when your item is:
(a) Delivered to the relevant delivery address with a collection of a signature unless we have been given authority by a person at the relevant delivery address to leave signature required items at the relevant delivery address without collection of a signature; or
(b) Collected by the recipient or other authorised person from a PostShop, CourierPost branch or depot through our Card to Call or Card to Collect Service.
3. "Delivery Fee" means the fee you as the Customer must pay to have your order picked, packed and delivered.
4. "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
5. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
6. "Sign In" means a Customer's personal email address and password used to access Shop.PlaceMakers under that Customer's registration.
7. "Address" means the premises at the address specified by the Customer on their registration application, as amended from time to time.
8. "Goods" means the Goods for sale on Shop.PlaceMakers.
9. “Related Company” has the meaning given to it in the Companies Act 1993 and includes a holding company and a subsidiary of any Body Corporate as defined in the Companies Act 1993 and, when used in the Terms and Conditions will mean each Related Company of Fletcher Building Ltd from time to time (including but not limited to Fletcher Distribution Ltd and PlaceMakers)
10. "Shop.PlaceMakers" means this internet site owned by Fletcher Distribution Ltd trading as PlaceMakers, being the medium by which Goods are offered for sale online by Shop.PlaceMakers to the Customer.
11. 'PlaceMakers' means Fletcher Distribution Limited and/or any other entity or person (or their successors or assigns) authorised by them (whether previously, now, or in the future) to trade under the name PlaceMakers.

1.2 Use of Shop.PlaceMakers subject to terms and conditions of sale
Your access to, and use of, Shop.PlaceMakers is subject to the following terms and conditions of sale. By using Shop.PlaceMakers you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Shop.PlaceMakers constitute legal offers to purchase, and are capable of being accepted by Shop.PlaceMakers without any further reference to the Customer.

1.3 Terms and conditions of sale to prevail
These terms and conditions of sale will prevail over any other document purporting to have a contractual effect.

1.4 Shop.PlaceMakers discretion to accept registration
Shop.PlaceMakers has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.

1.5 Shop.PlaceMakers discretion to accept orders
Shop.PlaceMakers has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Shop.PlaceMakers may cancel an order for any reason whatsoever.

1.6 Registration and access costs
No costs are payable to register to use Shop.PlaceMakers, but Customers are responsible for any costs incurred in using Shop.PlaceMakers, including any charges imposed by their internet service provider.

1.7 Suspension or termination
Shop.PlaceMakers may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Goods through Shop.PlaceMakers for any reason whatsoever.

1.8 Customer liable for every order

1.9 Trading hours
The Shop.PlaceMakers Care team operate Monday to Friday 0830 to 1700. General queries will be responded to within 24 hours during our hours of operation.

1.10 Security of information
Shop.PlaceMakers will use its reasonable endeavours to prevent any unauthorised entry into Shop.PlaceMakers. However, neither Shop.PlaceMakers nor any Related Company will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Credit card information is only stored for token payments. This token card data is encrypted securely and stored on Datacom’s PCI-DSS compliant environment to encrypt the information that a Customer enters. This technology is designed to prevent any unauthorised viewing and downloading of Customer order information.
Shop.PlaceMakers’s checkout process uses Verified by Visa, Mastercard®, and AMEX.
Shop.PlaceMakers will never send an email to you asking for credit card and login details. Please do not reply to these.

1.11 Site content
We have made every reasonable effort to ensure the accuracy of information provided on our website, however, errors and omissions may occur. Shop.PlaceMakers has made every reasonable effort to ensure that the information provided on the website is accurate and free from error, however, errors and omissions may occur. Shop.PlaceMakers does not warrant the accuracy, adequacy or completeness of information displayed on the website, and neither Fletcher Distribution Ltd trading as PlaceMakers nor any Related Company will be responsible or liable for any direct or indirect, loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on the website and any other website linked to the website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.
Shop.PlaceMakers reserves the right to make changes to the information provided on Shop.PlaceMakers at any time and without notice.
You agree not to download, copy, transmit or otherwise replicate any of the information displayed on this Site, for any business purpose whether by electronic or any other means whatsoever. This includes any "data mining" or "data scraping" of any product information, ratings, and comments.
Except as expressly provided herein, PlaceMakers grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. All trademarks used on this site belong to PlaceMakers or the registered owner of such marks. All intellectual property rights relating to such trademarks and all copyright and other intellectual property rights in respect of this site are the property of PlaceMakers or in the care of registered trademarks, the owner of their trademarks.

1.12 Use of the site
The Customer agrees not to use Shop.PlaceMakers for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on Shop.PlaceMakers for their own personal use but otherwise neither Shop.PlaceMakers, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Shop.PlaceMakers’s prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of Shop.PlaceMakers, or damage the operation of Shop.PlaceMakers, or Shop.PlaceMakers’s systems or those of other persons who use Shop.PlaceMakers, whether by way of a virus, corrupted file, any other software or program, or otherwise.
The user of this site assumes all responsibility and risk for the use of this site and the Internet generally. The materials are provided "as is", without any express or implied warranty of any kind including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, and freedom from errors, viruses, bugs, or other harmful components.

2. PRICE

2.1 Pricing
The Customer will pay Shop.PlaceMakers for the Goods ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Goods ordered increases or decreases between the time the order is submitted and the time when the Goods are delivered.

2.2 Currency
The prices of Goods are displayed in New Zealand currency.

2.3 Prices inclusive of GST
The prices of the Goods are inclusive of GST and any other sales tax.

3. GOODS AVAILABILITY

3.1 Goods availability
Every effort will be made to fulfil orders placed with Shop.PlaceMakers, but neither PlaceMakers nor its suppliers will be liable to any person if Shop.PlaceMakers is unable to or otherwise declines to supply Goods for any reason whatsoever. Shop.PlaceMakers reserves the right to limit quantities able to be ordered by, or delivered to, Customers.
We display a live stock on hand figure for each separate PlaceMakers branch in our network. This information can be inaccurate and PlaceMakers will not be liable to any person if Shop.PlaceMakers is unable to or otherwise declines to supply Goods.
If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.

3.2 Goods range
Shop.PlaceMakers reserves the right to limit the range of Goods available to certain areas.

3.3 Deals
Deals are subject to availability while stocks last. Shop.PlaceMakers does not allow back orders for deals that are out of stock.

4. PAYMENT

4.1 Method of Payment
Customers must pay Shop.PlaceMakers for the Goods purchased by debit card, credit card and paypal. Shop.PlaceMakers does not accept EFTPOS, cash, cheque, voucher, direct debit or any other form of payment.

4.2 Payment by credit or debit card
Shop.PlaceMakers reserves the right to refuse to accept payment from any particular Customer by credit or debit card for any reason whatsoever.

4.3 Adjustments
If a Customer is invoiced an incorrect amount for any Goods ordered, Shop.PlaceMakers will refund, to the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced. This will be credited back to the Customer’s Credit card or Debit card.

4.4 Change to payment policy
Shop.PlaceMakers may change at any time the way in which a Customer pays for Goods, and any change will be notified to the Customer prior to the change coming into effect.

5. PRIVACY

Shop.PlaceMakers may collect information regarding visitors to this site. Please refer to our separate Privacy Policy on this website for more information.

6. DELIVERY

6.1 Delivery times
Our delivery options are automatically customised depending on what we have in stock and your location. Upon check out you’ll be presented with these options:

CLICK & COLLECT

You can choose to collect your online order from one of our PlaceMakers’ branches. For orders that contain only items in stock at the selected branch we will aim to get your order ready for collection in 1-3 working days. For orders that contain one or more out of stock item(s) we will take longer to prepare your order because we will need to order the item(s) from our supplier; we will aim to prepare these orders for collection within 3-8 working days.

COURIER DELIVERY

If all items within your order not Oversized then we will dispatch them using a courier. For orders that contain only items in stock at the selected branch we will aim to deliver your order within 1-5 working days. For orders that contain one or more out of stock item(s) we will take longer to prepare your order because we will need to order the item(s) from our supplier; we will aim to deliver these orders within 3-8 working days.

STANDARD DELIVERY:

If one or more of the items within your order are Oversized then we will dispatch them using a PlaceMakers vehicle. For orders that contain only items in stock at the selected branch we will aim to deliver your order within 1-5 working days. For orders that contain one or more out of stock item(s) we will take longer to prepare your order because we will need to order the item(s) from our supplier; we will aim to deliver these orders within 3-8 working days.

If for whatever reason it takes longer than that our team will be in touch with you within 1 working day of the order being placed to let you know.

6.2 Delivery areas
Shop.PlaceMakers only delivers within New Zealand. Rural deliveries may take an extra 2 -3 working days.

6.3 Delivery and liability
For Courier Deliveries, Delivery will be made to the Delivery Point in accordance with the delivery partner’s terms and conditions. Delivery will be deemed to have taken place at the time of delivery to the Delivery Point.
Shop.PlaceMakers and the delivery partner are entitled to assume that any person accepting delivery of the Goods is authorised to do so on behalf of the Customer.

6.4 Accessibility and safety
The Customer will ensure that their Delivery Point is easily accessible, and that it is safe for the delivery partner to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Goods, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Shop.PlaceMakers reserves the right to charge the Customer an additional Delivery Fee in respect of any deliveries repeated in accordance with this clause.

6.5 Change of address
The Customer can use the checkout page to provide an alternative delivery address. However if the Customer wishes to change the delivery address once an order has been made they must immediately contact Shop.PlaceMakers customer service on email shopsupport@placemakers.co.nz to try to change the Delivery Point. Shop.PlaceMakers excludes liability for any order despatched prior to notification of a change in the Delivery Point.

6.6 Delays to delivery
Notwithstanding any other term, Shop.PlaceMakers and any related Company will not be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Shop.PlaceMakers or otherwise.
If Shop.PlaceMakers considers that the delivery of a Customer's order is likely to be substantially delayed, Shop.PlaceMakers may, but will not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unreasonable and unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
If the Customer’s delivery date has passed the Customer should contact Shop.PlaceMakers customer service at shopsupport@placemakers.co.nz

6.7 Incorrect, missing, damaged or faulty Goods
If any Goods delivered do not correspond with the Goods ordered, the Customer may:
(a) in the case of faulty or damaged Goods, immediately contact Shop.PlaceMakers at shopsupport@placemakers.co.nz quoting:
• The order number
• The faulty item's name and item code
• A description of the fault
If the Customer’s order is faulty or damaged when it arrives, Shop.PlaceMakers will refund the original delivery fee and the cost of returning the item.
(b) in the case of missing Goods, the Customer should immediately contact Shop.PlaceMakers at shopsupport@placemakers.co.nz quoting:
• The order number
• The missing item's name and number

7. VARIATION/CANCELLATION OF ORDER

7.1 Variation/cancellation of order
Shop.PlaceMakers may cancel any part of an order (including any orders that have initially been accepted) without any liability to the Customer for that cancellation at any time if:
(a) the Goods in that order are not available; or
(b) there is an error in the price or the Goods description posted on the site for the Goods in that order; or
(c) Shop.PlaceMakers reasonably believes the Customer’s order has been placed in breach of these terms and conditions.
In the event of a cancellation by Shop.PlaceMakers, Shop.PlaceMakers will endeavour to provide the Customer with reasonable notice of that cancellation, and will not charge the Customer for the cancelled order.

8. PROPERTY/RISK

8.1 Goods
Risk in the Goods will pass to the Customer on delivery to the Delivery Point or on receiving at the Collection Point.
Ownership of the Goods will not pass to the Customer until all amounts owing by the Customer to Shop.PlaceMakers or any Related Company have been paid for in full.

8.2 Login
The Customer will keep their Login details safe and confidential at all times.

9. RETURNS AND EXCHANGES

The Customer may return Goods and receive a full refund subject to the following:
• All Goods being returned must be unused, in perfect condition, in their original packaging (including protective packaging) and must be returned within 30 days of purchase at the Customer’s expense.
• Such Goods may be subject to freight cost and restocking fees, which will be deducted from the refund to the Customer at Shop.PlaceMakers’s discretion.
• If you would like to return an item please get in touch by emailing shopsupport@placemakers.co.nz
The Customer expressly acknowledges and agrees that Fletcher Distribution Ltd trading as Shop.PlaceMakers does not assume any obligation or liability for any advice given, and that all such Goods are accepted by the Customer entirely at the Customer's risk.

10. LIABILITY AND INDEMNITY

10.1. Shop.PlaceMakers’s Liability
1. To the fullest extent permitted by law Fletcher Distribution Limited trading as PlaceMakers will not be liable for:
(a) loss caused by any factor beyond Shop.PlaceMakers’s control; including but not limited to a force majeure event;
(b) failure to deliver to the Customer by any specified dates unless expressly agreed otherwise in this or any other agreement;
(c) damage from misuse, accident, neglect or improper operation of the Goods supplied;.
(d) the loss of or damage to Goods while in transit (whether such loss or damage results from Shop.PlaceMakers’s negligence or default or otherwise howsoever) unless expressly agreed otherwise;
(e) deterioration of the Goods as a result of exposure to the elements, after delivery;
(f) Goods that have been tampered with or modified by the Customer;
(g) Goods that have been stored in an improper manner by the Customer; and
(h) Goods that have not been maintained in accordance with suppliers’ instructions and or industry best practice

2. Fletcher Distribution Limited trading as Shop.PlaceMakers and PlaceMakers has no liability to any subsequent purchaser of the Goods from the Customer in that the Customer’s rights under these terms and conditions are not assignable without the prior written consent of Shop.PlaceMakers which consent can be withheld at Shop.PlaceMakers’s sole discretion.

3. To the fullest extent permitted by law, Fletcher Distribution Limited trading as Shop.PlaceMakers and PlaceMakers has no liability (whether statutory, in contract or tort (including negligence), (or howsoever) to the Customer or any of the Customer’s agents or employees for any physical, or special damage, indirect loss, loss of profits (whether direct or indirect), economic loss of any kind (including expectation loss) or any other indirect loss or costs (including legal costs on a solicitor client basis) arising out of or in connection with any Goods supplied.

4. To the fullest extent permitted by law Fletcher Distribution Limited trading as Shop.PlaceMakers exclude Shop.PlaceMakers’s and Fletcher Distribution Limited trading as PlaceMakers liability for Business to Business transactions under the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA); and in particular sections 9,12A,13 and 14 of the FTA and any other applicable consumer law. Where the buyer is a “Consumer” as defined by the CGA, then, the terms of the CGA will apply to all contracts between Shop.PlaceMakers and a Consumer notwithstanding anything to the contrary in these Terms and Conditions.

5. To the fullest extent permitted by law and subject to any express warranties given by Shop.PlaceMakers or any other manufacturer of the Goods in writing, all conditions, warranties, descriptions, representations and statements as to fitness or suitability for purpose, workmanship, tolerance to any conditions, merchantability or otherwise, advice recommendation or information express or implied are expressly excluded.

6. To the fullest extent permitted by law, and subject to any limitation on Shop.PlaceMakers’s liability which may be expressed within these terms and conditions of sale, Fletcher Distribution Limited trading as Shop.PlaceMakers and PlaceMakers total liability whether in tort (including negligence), contract or otherwise for any loss or damage or injury arising directly or indirectly from any defect in or non-compliance of any Goods or any other breach of Shop.PlaceMakers’s obligations is, limited to, at Shop.PlaceMakers’s option:
(a) replacing the relevant Goods; or
(b) refunding the sale price of the relevant Goods; or
(c) repairing the Goods;

7. No claim based on defective Goods will be allowed unless:
(a) The claim is notified to Shop.PlaceMakers within seven days of delivery to the Customer and all returned Goods must be received within 30 days of receipt; and
(b) Shop.PlaceMakers is given a reasonable opportunity to investigate the claim.

8. Notwithstanding anything to the contrary in these e-commerce Terms of Sale where the Customer is a Consumer as defined by the CGA then the terms of the CGA including all guarantees and remedies pursuant to that Act will apply for the benefit of the Customer.

9. Where Goods have been purchased in trade then Fletcher Distribution Ltd expressly excludes the provisions of the Consumer Guarantees Act and the Fair Trading Act to the maximum extent permitted by law.

9.2. Compliance
The Customer will be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the use of the Goods.

9.3. Indemnity from the Customer
The Customer indemnifies and undertakes to keep Fletcher Distribution Limited trading as Shop.PlaceMakers and PlaceMakers, its related Companies and their officers, employees and agents (the “Indemnified Party”) at all times fully and effectively indemnified against all losses (including but not limited to direct loss, indirect loss, loss of profits (whether direct or indirect), consequential loss), liabilities, penalties, damages, claims, demands, actions, costs (including legal costs on a solicitor client basis), charges and expenses which the Indemnified Party (or any of them), may incur, or which may be made against the Indemnified Party (or any one of them) as a result of or in relation to:
(a) any act, omission, neglect or default by the Customer or any subsequent purchasers of Goods supplied by Shop.PlaceMakers; or
(b) any breach by the Customer of any of the Customer’s obligations under these terms and conditions of sale or any warranty given by the Customer; or
(c) anything done or omitted to be done by Shop.PlaceMakers in the exercise of or purported exercise of rights under the terms and conditions of sale or conferred on Shop.PlaceMakers by law or
(d) any act or omission by the Customer which breaches or might breach any environmental law.

11. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Shop.PlaceMakers and its contents is owned by, and will at all times remain the exclusive property of Fletcher Distribution Limited trading as , Shop.PlaceMakers and PlaceMakers its licensors and the providers of any other Goods accessible through Shop.PlaceMakers, and is protected by New Zealand and international law. Nothing in these terms and conditions will constitute any licence of intellectual property rights to the Customer.

12. FORCE MAJEURE
If the performance by Shop.PlaceMakers of its obligations under these terms and conditions is prevented by reason of "force majeure" (which will include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Goods or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Shop.PlaceMakers) Shop.PlaceMakers will be excused from such performance to the extent of such prevention.

13. ONLINE COMPETITIONS/PROMOTIONS
Any competition and promotional terms and conditions can be found associated with each promotion on the applicable website promotions page.

14. LINKS TO AND FROM OTHER WEBSITES

14.1 Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Shop.PlaceMakers. Shop.PlaceMakers does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than Shop.PlaceMakers or Shop.PlaceMakers.co.nz.

14.2 Hyperlinks
The Customer agrees that it will not create a hyperlink to Shop.PlaceMakers without Fletcher Distribution Limited trading as Shop.PlaceMakers and PlaceMakers express written permission. If a Customer does create a hyperlink to Shop.PlaceMakers, that Customer is responsible for all losses Fletcher Distribution Limited trading as Shop.PlaceMakers and PlaceMakers or any Related Company may suffer as a result of that link, whether direct or indirect. Linking to Shop.PlaceMakers is at the Customer's own risk. The Customer agrees that will not frame any part of Shop.PlaceMakers by including advertising or other revenue generating material.

15. VARIATION OF TERMS AND CONDITIONS
From time to time Fletcher Distribution Limited trading as Shop.PlaceMakers may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. The Customer’s continued use of Shop.PlaceMakers after the terms and conditions have been changed indicates acceptance of those changes.

16. GOVERNING LAW
New Zealand law governs the use of Shop.PlaceMakers and these terms and conditions and the parties submit to the exclusive jurisdiction of the New Zealand courts.