| Welcome to Retailon Sale, New Zealand's premium fashion shopping site. These terms and conditions are intended to give you an overview of how this site operates and what each users obligations are, as well as those of Retailon Sale.
1 acceptance of terms and conditions
The following Terms and Conditions are the terms on which Retail on Sale NZ Limited (‘RetailonSale ”)
offers you access to the website and the products advertised. By registering an account or completing a
purchase with Retailon Sale you are deemed to have accepted these Terms and Conditions. If you do
not wish to accept these Terms and Conditions, you will not be granted access to the facilities we
provide.
amendment of terms and conditions
These Terms and Conditions may be amended in whole or in part by RetailonSale from time to time.
Amendments will be effective immediately upon posting of the amended Terms and Conditions on this
website. It is your responsibility to ensure that you are familiar with the latest Terms and Conditions.
Your continued use of your account or our shopping cart facility represents your agreement to be bound
by the Terms and Conditions applicable at the time of your login to our site.
2 our terminology
“Customer, You, Your” - Refers to you personally as our registered customer or shopper.
“Item, Items” - Refers to product available for purchase through this site.
“Listing” - Means a listing on our Website through which a product is
advertised and maybe purchased by a customer.
“Seller, supplier” - Refers to merchants who advertise their product on the website for sale.
“We, us and our” - Refers to RetailonSale.co.nz as the business owned by
Retail on Sale NZ Ltd.
“Website” - Means any ‘RetailonSale ’ website through which our services are offered.
3 how RetailonSale works
RetailonSale.co.nz is an online portal for retailers, manufacturers and wholesalers to sell end of line,
excess or current season stock, and for buyers to browse and purchase products. We act only as an
intermediary between sellers and buyers and make no representation as to any seller. RetailonSale
facilitates the payment between parties, but product advertised on our site is dispatched directly from
the seller. It is up to each individual supplier to ensure their advertised product is accurately displayed
and we take no responsibility for orders that cannot be fulfilled for any reason or for late despatch or
delivery of any product for whatever reason.
4 use of our website
4.1 By registering as a member, you warrant that you can form a legally binding contract and are at least 18 years of age;
4.2 You must ensure that all information you give RetailonSale is true, correct and complete.
4.3 You must not damage, interfere with or harm (or attempt to do so) the Website or Services, or any network, or system underlying or connected to them;
4.4 You may not use a robot, spider, scraper or other automated means to access the Website or information feature on it for any purpose;
4.5 You are responsible for any actions taken through your membership access;
4.6 You agree that you will not copy, reproduce, alter, create derivative works, or display publicly any content from the ‘RetailonSale ’ web site without our prior written permission;
4.7 If you fail to comply with these Terms and Conditions RetailonSale may suspend or terminate your membership without notice or warning.
5 security of your member/login information
You are solely responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
5.1 Not to permit any other person to use your user name or login details or membership; and
5.2 Not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow any other person to gain access to your membership account.
5.3 You will change your password immediately if you believe that your membership details/access may have been used without your authorization.
5.4 You expressly understand and agree that your use of the services is at your sole risk. The website and services are provided on an "as is" and "as available" basis. RetailonSale does not warrant that the services provided will be uninterrupted, timely, secure, or error free, or that any information provided on the website is error-free or reliable.
6 general
6.1 All listings, or communications made through RetailonSale shall be made in good faith;
6.2 Sellers on RetailonSale are solely responsible for the content of their listings;
6.3 RetailonSale shall not be deemed to recommend or endorse products (or services) by permitting them to be offered for sale on its web site;
6.4 RetailonSale makes no representations as to any seller.
7 seller responsibility
Sellers of product on RetailonSale are required to act in good faith at all times. They are solely
responsible for product pricing, warranties, endorsements, descriptions, images and any other product
representation made on our site. They are also governed by laws of Consumer Guarantees and Fair
Trading Acts and as such, must act accordingly with regard to returns and refunds or any other product
related queries. Contact RetailonSale directly for any issue you may have regarding a product you have
purchased, and we will advise on the best course of action. If we find that a seller is regularly in breach
of their obligations, we would look to suspending our site services to them. This will be at the discretion
of RetailonSale .
8 advertised product
Sellers will endeavour to provide as much relevant information as possible for each individual listing
with regard to any flaws or shop soiling, particularly in relation to fashion clothing. ‘Shop soiling’ should
only require a single laundering, by following manufacturer’s care instructions, however if you feel the
condition of the item is still not acceptable, please contact us in the first instance and we will advise you
on the best course of action to rectify the situation. Product flaws should be clearly noted in the product
detail page so you are aware of any defects before you purchase. In both instances you should find the
‘our price’ will reflect the item’s condition and allowances should be made as such.
9 pricing on our site
All prices quoted on our site are in New Zealand dollars and include GST. Sellers are asked to provide
the ‘usual price’ of the advertised item, which will be the price the product was ‘usually’ advertised at in
store. For manufacturers or wholesalers supplying to the site, ‘usual price’ will be the price the product
would ‘usually’ be available to the public at.
‘Our price’ is the price offered for sale on RetailonSale.co.nz. For current season styles and products
where no discount is offered, just 'our price' will be displayed.
10 shipping info
NZ Delivery Times
We undertake that our suppliers despatch items to you within 24 hours of your purchase during working days. Delivery within New Zealand generally takes 2-3 days during the working week.
Delivery Pricing
Freight charges will be made apparent when your delivery destination is confirmed, or you can check this beforehand on the product detail page. Please note that although you only make one payment for multiple purchases each item will attract its own freight charge as often items will be coming from different suppliers. However, we make every effort to keep freight costs as low as possible so for orders from the same supplier/brand, where possible, we will combine your freight charge after your order has been placed.
Australian Orders
Most items can be shipped to Australia. If there is no freight estimate on the product detail page for Australian delivery, as a guide one kilo should cost no more than NZ$15. Freight costs will not show at time of check out and will be added when costs are confirmed from suppliers on a product by product basis. Contact can be made to RetailonSale to confirm freight costs before completing order.
11 privacy
RetailonSale collects personal information about you through your use of the Services and the Website, including your registration details and information relating to your use of the Website and the content you access.
11.1 You agree that RetailonSale may use such personal information to assist in the provision of the services to you, for internal research purposes, to verify your identity, for promoting and marketing other RetailonSale products and services to you, and for any other use that you authorise.
11.2 RetailonSale will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our Terms and Conditions; or protect the rights, property, or safety of RetailonSale Limited, our users, or others.
12 intellectual property
All intellectual property rights within RetailonSale.co.nz are owned by or are licensed to Retail on Sale
NZ Ltd. This includes graphics, logos, software, layout, icons and copyright of all text. You agree that
you will not copy, distribute, alter or tamper with in anyway or otherwise use any material contained in
our website except by prior approval from us.
13 system integrity / site availability
RetailonSale will use reasonable endeavours to ensure the continued availability of the website and
services, subject to any downtime required for maintenance. However, RetailonSale takes no
responsibility for any system unavailability, or for any loss that may be incurred as a result of such
Website or Services being unavailable. Furthermore, ‘RetailonSale ’ assumes no responsibility for the
corruption of any data or information held.
14 dispute resolution
As RetailonSale is merely a facilitator between buyers and sellers, you agree not to involve, or attempt
to involve, RetailonSale in any dispute or in the resolution of disputes that arise between you and any
seller arising in any way from the Services provided through this website. In the event that RetailonSale
is found to be in any way liable then you agree that the maximum amount of compensation payable to
you or anyone else accessing the site through your account shall be $250.00.
15 no waiver
If we do not exercise or enforce any right available to us under these Terms and Conditions, such shall
not constitute a waiver of those rights.
16 partial invalidity
If any provision contained in these Terms and Conditions becomes or is held to be invalid,
unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the
remaining Terms and Conditions, which shall continue in full force and effect.
17 governing law
These Terms and Conditions are governed by the laws of New Zealand. You hereby agree to submit to
the exclusive jurisdiction of the Courts of New Zealand.
These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitute the entire agreement, between the parties, relating to the subject matter of these Terms and Conditions. | 
