Terms and Conditions

Definitions

1. In these Conditions, unless the context requires otherwise:
  1. Customer or you means the person who engages Prestige Products to provide the goods and services;
  2. Conditions means these terms and conditions of business and any special terms and conditions set out in writing in a quote or order confirmation; and
  3. Prestige Products, we or us means Prestige Products Limited of 1 Ballin St Ellerslie Auckland 1051 and includes its subsidiaries, related companies, and employees.

Conditions Applicable

1. These Conditions, as updated from time to time, shall apply to all goods and services supplied by Prestige Products, to the exclusion of all other terms and conditions, including any terms and conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
2. Prestige Products will set out the specified products, quantity, and branding discussed with the Customer in a written quote (email unless otherwise requested). Acceptance of the quote (confirmation in writing by email) by the Customer shall be conclusive evidence of the Customer’s acceptance of these Conditions.
3. Any variation to these Conditions requested by the Customer (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Prestige Products.

Goods and Services

1. A Customer may request an unbranded sample of the product being considered to ensure it meets requirements. We do not accept returns of products considered unsuitable after they have been branded.
2. Product colours may vary slightly from those showing on our website and from shipment to shipment and this is beyond our control. If unsure, ask to see a sample to verify the product and product colour is suitable for your requirements as we do not accept returns due to minor colour variations.
3. We will supply you with a proof for approval prior to branding and any limitations such as colour matching and print size and legibility will be clearly communicated on the proof. Your approval of the proof acknowledges acceptance of these limitations. It is your responsibility to check detail like spellings, phone numbers and website information. We will not take responsibility for errors once a proof is signed.
4. Proofs are created from artwork supplied by Customers and up to two proofs are created free of charge. If further changes are required due to change of mind, a fee of NZ$25 will apply to third and subsequent proofs.
5. If you have any concerns that the finished product may not meet the standards required, we recommend that you request a pre-production sample (there is a cost for this service).
6. Some products are sent to a third party for branding – this applies mainly to embroidery on clothing and some engraving work and will be confirmed on order placement. If the Customer wishes to cancel an order after goods have been sent to third party, there will be a fee for returning goods to supplier from which they were sourced and a restocking fee.
7. Lead time and expected delivery date are confirmed at time of order placement and we will let you know in the unlikely event of a delay. We do not accept responsibility for any third party’s failure to meet a contracted delivery timeframe (including couriers and similar transport operators).
8. Title or ownership of any property or materials belonging to Prestige Products remains with Prestige Products until payment is received from the Customer in full.
9. Once we hand over goods to a courier or other delivery company to deliver to you, that is deemed as delivery by Prestige Products and the risk on the goods passes to you or the courier or delivery company who is deemed to be your agent.

Confidentiality

1. Each party agrees to keep any information disclosed by either party to the other (including without limitation, documents & trade secrets) confidential and to only use that information for the purposes of complying with its obligations under this agreement. Each party agrees it will not disclose the confidential information to any third party, other than with the other party’s consent or as required by law. Each party agrees that it shall take reasonable measures to protect the secrecy of and avoid unauthorised use of the confidential information of the other party.

Prices and payment

1. The price for the goods excludes GST. The price invoiced is calculated in respect of the quantity of Goods actually delivered to the Customer, which for personalised products could be + or – 5% of the quantity stated in the quote and all orders for Bespoke Goods could be + or – 10% of the quantity stated in the quote.
2. Prestige Products shall have the right to adjust its prices for any increase in costs of any kind arising for any reason after the date of the Contract. Any such price changes shall take effect on the date we notify you of the change.
3. Unless an invoice contains a manifest error, all invoices are deemed accepted by the Customer 5 days after delivery to the Customer, and payable within the payment terms set out in the invoice. The customer has no right of set-off.
4. The Customer is responsible for Prestige Products’ legal and other reasonable costs if an invoice is not paid on time and debt recovery actions are taken by Prestige Products.

Claims process

1. Once we let you know your goods have been dispatched, but your goods do not arrive, you must let us know in writing within 72 hours.
2. If you want to make a claim that any goods have arrived damaged, are defective, are not of the correct quantity, or do not comply with their description, you must let us know in writing within 72 hours of their delivery. In the case of any defect which is not reasonably apparent on inspection, you must tell us within seven days of the defect coming to your attention.
3. Any claim under this condition must be in writing and must contain full details of the claim.
4. Prestige Products will have a reasonable opportunity and facilities to investigate any claims made under this condition and the Customer shall, if so requested in writing by us, promptly return any goods that are the subject of the claim, in packing materials securely packed, to us for examination.
5. Prestige Products shall have no liability with regard to any claim in respect of which the Customer has not complied with the claims procedures in these Conditions.

Cancellation of orders

1. Orders for Goods which have to be made especially for the Customer or customised for the Customer will be charged in full unless written notice of cancellation is received when, in our reasonable opinion, the manufacture of the goods, customisation, or any components for them has not commenced at the date of that notice.

Termination

1. Prestige Products may at its discretion suspend or terminate the supply of any goods if the Customer fails to make any payment when due or otherwise defaults in any of its obligations under the Contract or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or the Company bona fide believes that any of those events may occur, and in case of termination the Customer forfeits any deposit paid.
2. Where the Customer breaches these Conditions and such breach is capable of remedy, Prestige Products may terminate all agreements with the Customer where the Customer has been given reasonable notice of the breach and it has not been remedied within the time stipulated. Where the breach is incapable of remedy Prestige Products may terminate the agreement immediately by giving written notice.
3. In addition, Prestige Products may, in its absolute discretion, and without prejudice to any other rights it may have:
  1. Suspend all future supply of goods and services to the Customer; and/or
  2. Terminate all goods and services without liability on its part; and/or
  3. Charge interest at the rate of 2.5% per month on all sums outstanding; and
  4. Collect any sums owing, in which case the Customer shall be liable for any collection costs and legal costs incurred.

Warranties

1. It is agreed that the goods and services are acquired for a business purpose and that the Consumer Guarantees Act 1993 does not apply.
2. Products which do not meet the requirements of the order may, at Prestige Products’ discretion, be rectified at Prestige Products’ cost.
3. Any right which the Customer may have to reject non-confirming or defective Products will only be effective if:
  1. The Customer notifies Prestige Products in accordance with the process set out in clause 6.
  2. The Customer is not in default in relation to any amount owing.

Limitation of Liability

1. Prestige Products shall not be liable for any penalty, indirect or consequential loss, injury, damage or expense arising from a breach by Prestige Products of these Conditions, including any delay or failure in delivery or performance from any cause at all. Nor shall any such breach, delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the contract.
2. Prestige Products shall not be liable for any defects or injury resulting from wear and tear, accident, improper use by the Customer or use by the Customer except in accordance with the instructions or advice of the Company or the manufacturer of any goods or neglect or from any instructions or materials provided by the Customer, or any goods which have been adjusted, modified or repaired
3. In the event of any breach of these Conditions by Prestige Products, the remedies of the Customer and Prestige Products’ liability for any claims howsoever arising shall be limited to damages and shall be capped at the value invoiced and received by Prestige Products for the relevant order.
4. The Customer shall indemnify Prestige Products for all loss or damage arising by reason of the negligence of the Customer, its employees or contractors, or any breach by the Customer of these Conditions.

Force majeure

1. Prestige Products shall not be liable for any failure in the performance of any of its obligations under this Contract caused by factors outside its control. We will give you notice as soon as we become aware of such an event, specifying details of the circumstances and the likely effect of the event.

Notices

1. Any notice under, or in connection with these Conditions, shall be in writing and shall be served by post, email or by hand on a party, sent by guaranteed delivery or email at or to the trading address of the party last known.
2. In the absence of evidence of earlier receipt, any notice shall be deemed to be duly served;
  1. If delivered personally when left at the address;
  2. If by guaranteed delivery three days after posting; and
  3. If sent by email, when sent.

Privacy

1. Prestige Products may request and collect relevant personal information about individuals as part of the engagement with the Customer.
2. Individuals have rights of access to and correction of personal information so collected, subject to the provisions of the Privacy Act 1993.
3. Subject to clause 12.4 below, Prestige Products will not disclose the personal information to any third party, other than with the Customer’s consent or as required by law.
4. The Customer agrees that Prestige Products may release to third parties relevant information regarding any Order to the extent required in order to complete the goods and services and/or enforce these Conditions.

Dispute resolution

1. If any dispute or difference shall arise between the parties as to the meaning of these Conditions, or any matter or thing arising out of or connected with these Conditions, then the parties shall attempt to settle that difference by negotiation in good faith within 7 days.
2. Where negotiation is unsuccessful then the dispute shall be referred to mediation with the mediator being agreed by the parties or in the absence of agreement being appointed by AMINZ. The costs of mediation shall be borne equally by the parties. During the period of mediation both parties must continue with their obligations as stated in this agreement.

Law of Contract

1. This contract shall be governed by the laws of New Zealand and the parties irrevocably accept the jurisdiction of the New Zealand Courts.

Miscellaneous

1. The Company may sub-contract the performance of the Contract in whole or in part. The Customer shall not assign or sub-let this contract in whole or in part.
2. If the goods are manufactured in accordance with any design or specification provided or made by the Customer, the Customer shall compensate the Company in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
3. Nothing in the agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.
4. Rights and obligations under this Agreement which by their nature should survive shall remain in effect after the termination or expiration of this Agreement.
5. If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
6. The failure by either party to enforce at any time or for any period any one or more of the Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Conditions.