1. TERMS AND CONDITIONS
   
   Welcome to Office Buy, New Zealand's own online trading community. These terms and conditions are intended to assist keep Office Buy a safe place for you to trade.
   
   1.1    Acceptance of terms and conditions: The terms and conditions are the terms on which Office Buy Limited offers you access to the services and the web site. By registering as a member or log in as Guest of Office Buy you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services in any manner.
   
   1.2    Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Office Buy from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.
   
   1.3    Terminology: In these terms and conditions, the following expressions have the meanings set out:
   
   'item', 'items' means goods that may be bought by agreeing to pay the price as set for the item or items;
   'member' means a registered member of Office Buy;
   ’guest’ means a customer who wishes to use the office Buy web site without registering as a regular member of the office Buy website.              'services' means any one or more of the services offered by Office Buy Limited from time to time, including distribution, printing, online board, online advertising and any other service that Office Buy may offer;
   'we', 'us' and 'our' are a reference to Office Buy Limited;
   'you' and 'your' are a reference to you;
   'web site' means any Office Buy web site through which the services are offered;
   and
   'listing' means a listing on the web site through which you buy any item, as a price set by office Buy
2. SPECIFIC WARNINGS
   
   2.1    The services: Office Buy provides a venue to introduce members who want to buy items. Office Buy wholly takes part in the sale of items and provides its web site as a venue for members to do so. If the buyer accepts the price for the item or items, a contract of sale will be formed between the buyer and Office Buy; and the buyer is liable to pay in full the amount accepted at the time of sale and also bear the expense as set to complete the transaction and delivery of goods.

2.2  Payments:- It becomes responsibility of the buyer/customer/you to pay on the time and terms agreed between the office Buy and buyer/customer/you. Failing to do so, office Buy reserve the rights for collection, legal course or forward or sell the debt to any agency it may deem fit for the purpose. Any cost of collection or legal course will be recovered from the customer/buyer/you, and will be in addition to the outstanding balance.

2.3    Disclaimer: You expressly understand and agree that:

1. your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Office Buy disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
2. Office Buy does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the web site is error-free or reliable;
3. no advice or information that is obtained by you from Office Buy or anyone else shall create any warranty by Office Buy that is not expressly stated in the terms and conditions; and
4. responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Office Buy’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

2.4    Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Office Buy to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Office Buy’s liability and responsibility is 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 consequential and incidental loss.

2.5    Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including 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 these terms and conditions, your failure to completed a transaction, your use of Office Buy’s message boards, your purchase or attempted purchase of an item prohibited under clause 4.2(c), or arising out of any content or item you submit, post, transmit, or make available through the services.

2.6    Breach: Without limiting any other rights and remedies available to Office Buy, Office Buy may limit your activities on the web site, remove your purchase list, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where Office Buy considers it appropriate.

3. BECOMING A MEMBER
   
   3.1    Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in New Zealand and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
   
   3.2    Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Office Buy to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). Office Buy may phone or mail you to verify these details.
   
   3.3    Termination of membership: Office Buy reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Office Buy may terminate your membership if a serious incident had occurred. you impersonate another member, or we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. Office Buy reserves the right to approve or decline any member, at its sole discretion. 
   
   3.4    Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
   1. not to permit any other person to use your user name or membership; and
   2. not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.

GENERAL RULES

4.1   1. Orders

Orders are subject to acceptance by Office Buy Limited in whole or in part, at its sole discretion.  Any provisions in customers' orders which conflict with or are additional to these general terms of business shall be excluded from contracts for supply.

2. Prices

All prices will be those ruling at the date of delivery and unless otherwise expressly indicated. Changes in pricing will be made due to such uncontrollable factors as devaluation of currency and/or variations to landed costs and/or increases in manufacturers' costs, or incorrect price listed or advertised on genuine mistake, However customer will be informed, before shipment of the changed, any may cancel or change the order.

3. Transportation & Freight

Freight will be in addition to the prices quoted, and apply for Auckland region only. The method of transportation and the carrier will be at the selection of Office Buy Limited unless specifically agreed and mentioned by both parties at the time of purchase order placed. Any outside delivery may carry additional freight, and will be informed before shipment, with the option for the buyer to accept it, or change the order.

4. Shipments & delays etc

Office Buy Limited does not accept responsibility for part shipments or any consequences arising there from. Office Buy Limited will not be liable to the customer for any claim in respect of failure by Office Buy Limited to deliver the Goods ordered, but will try to meet the deadlines if any. While Office Buy Limited will endeavor to adhere to stipulated delivery times, delay, however caused, will not entitle the customer to claim from Office Buy Limited.  In the case of delays caused by circumstances beyond the control of Office Buy Limited or by the supplier to Office Buy Limited, Office Buy Limited will have the right to suspend deliveries without notice or to cancel the contract liability.

5. Risk

The risk of any loss of or damage to or deterioration of the Goods due to any cause whatsoever shall be borne by the customer from the date of completion of delivery of the Goods to the customer.  The attention of the customer is drawn to the fact that sensitive Goods require proper store and display conditions to maintain quality and that certain Office Buy Limited products may deteriorate if not stored and handled in the original sealed packages.

6. Security of Payment

Office Buy Limited shall have a purchase money security interest in the Goods to secure payment of the purchase price of those Goods, and such security interest shall continue in any proceeds, accounts receivable or book debts arising from the sale of goods  by the customer.  Office Buy Limited shall be entitled at any time prior to the date of payment of the whole of the purchase price to re-possess the Goods and for such purpose the customer hereby authorizes and empowers Office Buy Limited to enter upon any premises occupied by the customer for the purpose of taking possession of the Goods without being liable to the customer in any respect whatsoever for any loss occasioned to the customer by such re-possession.

The customer waives any right to receive a verification statement that the security interest created has been registered on the Personal Property Securities Register.

7. Terms of Sale

The normal terms of sale are on the basis of cash with order. Credit may be given to approved customers by Office Buy Limited. Where credit is given the account for the Goods  sold to be paid net on the 20th day of the month next following  that in which the Goods are shipped.  Failure to pay any account upon the due date for payment entitles Office Buy Limited to suspend delivery, to refuse further orders and to cancel any existing contract for supply without notice. As a condition of the granting of credit Office Buy Limited may in its own sole  discretion at any time require the customer to give security of payment (in addition to the security interest taken in the Goods pursuant). Until sufficient security is given to the satisfaction of Office Buy Limited, Office Buy Limited may, at its option, withhold delivery or suspend or terminate the contract . Upon such withholding, suspension or termination, payment for all Goods delivered and services provided up to the date of such withholding, suspension or termination and any other moneys payable to Office Buy Limited  shall become immediately due and payable. Office Buy Limited shall be entitled to recover from the customer all legal and other costs arising from collection of any overdue moneys.

8. Interest

Office Buy Limited may charge interest on the last day of the month during which payments has to be made and such interest shall be calculated at the rate of

2.5 % for the whole or any part of each month during which such sums are from time to time unpaid.  The rate of interest may be varied from time to time by Office Buy Limited giving written notice to the customer.

9. Warranties and Limitation of Liability

Office Buy Limited excludes all statutory or implied conditions and warranties to the extent permitted by law.  In particular, the Consumer Guarantees Act 1993 does not apply to any Goods supplied to the customer for business purposes.  Under no circumstances shall Office Buy Limited be liable in any way, for claims, actions, demands, suits, losses, liability, costs or expenses of any kind howsoever caused, arising out of the use or inability to use any of the Goods other than pursuant to any warranty provided in writing by Office Buy Limited in respect of the Goods. Office Buy Limited's liability under any condition or warranty provided in writing in respect of the Goods or any condition or warranty which cannot be legally excluded, is limited (to the extent permitted by law) to the cost of replacing the Goods. No Warranty given by Office Buy Limited in respect of the Goods is valid unless given in writing.

10. Returned Goods & Credit Claims Procedure

The conditions under which Goods may be returned and claims for adjustment of amount will be accepted by Office Buy Limited.  This procedure has been established in the interest of customer service to facilitate prompt handling of customer claims.

(a) Any claims for the return of Goods sold on a sale or return basis or a credit adjustment must be made within 10 Working days of the date of the relevant invoice.

(b) No Goods will be sold on a sale or return basis unless by a prior written agreement with Office Buy Limited.

(c) Claims for returned goods and/or credit adjustment must be notified to Office Buy Limited prior to the actual return of the goods. (Claims can be made via   telephone, fax, mail or e-mail provided sufficient detail in given to Office Buy Limited, including the invoice number).  Notification periods may vary with claim type and are specified below.

(d) Office Buy Limited will initiate collection of the Goods and processing of claims for credit by raising a Returned Goods Authorisation.  The customer's account will be credited provided the following conditions are met (and may be reversed or adjusted to the extent such conditions are not met).

      (i) The products sold are Office Buy Limited standard lines and match the description in the relevant invoice;

      (ii) The product still comprises the full shippable carton quantity originally supplied;

      (iii) The Goods returned are found by Office Buy Limited to be in the same marketable and saleable condition based on age, appearance and quality originally supplied;

      (iv) The customer pays the whole of the cost of the return of the Goods;

      (v) Office Buy Limited reserves the right to levy a handling/administration charge of up to 15 percent of the order value if deemed appropriate.

(e) Claims for credit adjustment based solely on incorrect pricing of Goods must be notified to Office Buy Limited within 10 days of the invoice.

(f) Claims for damage in transit must be notified within 30 days of the date of the invoice.  Office Buy Limited must arrange for inspection and (if appropriate) collection of the Goods claimed as damaged in transit prior to the return of the Goods.

(g) Any claims by the customer against Office Buy Limited for defective Goods must be notified in writing to Office Buy Limited within 10 working days of the date of receipt of the Goods and the decision of Office Buy Limited on this claim shall be final and conclusive.

(h) In all cases involving the return of Goods, notification and prior written agreement by Office Buy Limited for return of Goods must be obtained from Office Buy Limited.  Office Buy Limited will then nominate the transportation method.  For further details please contact Office Buy Limited Customer Service.

(i) Office Buy Limited will not accept freight forward charges.

(k) An order for non-standard products or non-standard sizes (especially manufactured items) cannot be cancelled. Except where they are defective , such Goods will not be accepted by Office Buy Limited for return or credit under any circumstances.

(l) Where any Office Buy Limited products has been modified or converted from its original form by the customer (eg split, printed, laminated, etc) the same will not be accepted for return by Office Buy Limited.

(m) Any claims, excluding Return Goods, must be made within 1 month of invoice date.

11. Suitability of Goods

Before using the Goods the customer should determine the suitability of the Goods for the intended use of the customer.  The customer assumes all risk and liability whatsoever in connection therewith.  The provision is not subject to alteration unless in writing signed by an authorised officer of Office Buy Limited.  The attention of the customer is drawn to the limitation of liability off Office Buy Limited in respect of any claim set out.

12. General

1. All purchases or communications made through Office Buy shall be made in good faith.
2. You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose..
3. Office Buy memberships are not transferable and therefore can not be sold or traded.

4.2    Your obligations as a buyer

4. You must be located in New Zealand to buy on Office Buy. People outside of these countries are not permitted to purchase items off Office Buy.
5. You must make full and prompt payment for an item bought by you, as per the terms agreed between you and office Buy, or updated from time to time.
6. If your purchase is successful and you do not pay for the item, you will receive a warning from Office Buy if this continues about you. After 3 such warnings, Office Buy may suspend or terminate your membership, cancel your pending orders, send the outstanding balance for collection, share the personal information for collection and legal agencies, and request for the credit agency to load the default on your personal name.

4.4    Feedback

7. Feedback you provide about Office Buy must not contain offensive, defamatory or inappropriate language. Office Buy reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
8. Feedback is provided for the sole purpose of facilitating trading between Office Buy and its members on the web site. You must not market or export any feedback to any venue other than the Office Buy web site. Linking to your Office Buy feedback from other buying and selling websites will be considered a breach of our terms and conditions.

5. FEES AND ACCOUNTS
   
   5.1    Office Buy Accounts/buying as guest or member

1. Office Buy may (at our sole discretion) refund a payment for the goods returned after deduction of the relevant handling and admin fee, if any. if the sale is not successfully completed, provided that a member follows our defined refund process. Office Buy may only issue refunds in the form of credit to the Office Buy’s account of the member. Cash refunds will not be issued. Credits on accounts with Office Buy are not transferable between members.
2. Office Buy reserves the right to change the fees charged for any of our services and goods at any time. In the event that we introduce a new service or goods, the price/fees for that service/goods are effective at the launch of the product, unless otherwise stated.
3. If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Office Buy account balances.
4. Office Buy reserves the right to investigate queries regarding the refund or credit of any items. any other relevant party.
5. You must pay the outstanding balance immediately upon completing the purchase online, or at the terms agreed upon between the parties.

5.2    Office Buy Accounts

6. You must settle any account balance on due date  Office Buy reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that Office Buy incurs when collecting that debt.
7. If your membership is terminated Office Buy will refund the balance of your credit account, less a $5 manual processing fee that is payable to Office Buy. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of Office Buy credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
8. If you have not logged on to the web site for a period of 24 months (two years), any unused balance on your account is forfeited to Office Buy and your membership will be suspended.
9. Account balances are payable on the 20^th of the following month of Invoice date, and will carry 2.5% interest per month or part of the month, for any overdue accounts.
10. Interest of 2.5% per month will be levied cumulatively on the following balances:-

         Goods and services bought, interest on overdue balances, collection charges, legal expenses, admin expenses.

5.3          Your Liability as a USER

As a user and purchaser you agree to personally guarantee and indemnify , the outstanding balances and recovery costs, including Legal Costs and Collections costs, as well as interest on outstanding balances. You and the Company both are severally and jointly are liable to pay any legitimate amount owing to Office Buy Ltd, or any assignee of Office Buy Ltd. Following persons are excluded from being personally liable:-

a)       Any employee of the company , who has no financial interest in the business, nor a Director, or Shareholder.

b)      If the Institute who is he/she is buying for a Charitable Organisation, Govt Agency, University of Auckland, an organization for philanthropic Cause.

c)       Where an employee/user  can establish that there was a good cause of he was not involved, in the purchase.

5.4          Your Liability as Director/Shareholder

As Director, Shareholder and purchaser you agree to personally guarantee and indemnify , the acts of your employee and user of the www.officebuy.co.nz and Office Buy Ltd, and as a result of that the outstanding balances and recovery costs, including Legal Costs and Collections costs, as well as interest on outstanding balances. You and the Company both are severally and jointly are liable to pay any legitimate amount owing to Office Buy Ltd, or any assignee of Office Buy Ltd. Following persons are excluded from being personally liable:-

a)   Any employee of the company, who has no financial interest in the       business, nor as  a Director, or Shareholder.

b)          If the Institute who is he/she is buying for a Charitable Organization, Govt   Agency, University of Auckland, an organization for philanthropic Cause, or Public Listed Company who’s shares are being traded at NZ Stock Exchange.

6. GENERAL PROVISIONS
   
   6.1    System Integrity: Office Buy will use its reasonable endeavors to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, Office Buy takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, Office Buy assumes no responsibility for the corruption of any data or information held by Office Buy.
   
   6.2   Force Majeure: Without prejudice to clause 2.3(a), Office Buy has no liability for any lack of performance, unavailability or failure of the services or goods or the web site, or for any failure of Office Buy to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Office Buy.
   
   6.5    No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
   
   6.6    Partial Invalidity: If any provision of 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.
   
   6.7    Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
   
   6.8     Intellectual Property Rights: Office Buy (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means:

a.                               Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

b.                               Commercialize, copy, or on-sell any information, or items obtained from any part of this web site.

6.9    Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the member and office Buy, relating to the subject matter of these terms and conditions.

6.10    Privacy: Office Buy collects personal information about you through your use of the services and the web site, including:

• your registration details; and
• information relating to your use of the web site and the content you access.

You agree that Office Buy may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other Office Buy products and services to you, and for any other use that you authorise.

We will not sell or allow third parties to access your personal information without your consent, however you agree that Office Buy 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 are in breach of the terms and condition of use at any time. Please review our Privacy policy.

7. SPECIAL PROMOTIONS

7.1 $100 Credit to your account

a) is available to registered and approved account customers only.

b) $100 Credit will be applied to your monthly purchase balance @ of 10% of your purchase, e.g. if you bought $569 worth of stock in may the credit will be applied to payment of $56.90cents, and will be deducted out of $100 initial credit. If Credit value is less then 10%  of your purchase then it will be the available credit balance.

c) $ 100 Credit is available only upon the coupon being sent by you and received by us at P O Box 24 470, Royal Oak, Auckland. To make sure it had been received, Please send us an email as well at  [email protected]

d) This promotion is for only opening New Account.

e) The Credit is not transferable, non-encashable, and will expire if goods are returned.

f) The Credit is valid for 12 months from the first month of Regn, any unused balance will become Zero after 12 months.

g) Credit will not be applied towards NZ POST Stamps and associated Products.

h) Credit will not be given to the accounts which become overdue, and at the discretion of management any past Credits to such accounts will be reversed, and become payable immediately.

i) The $100 Credit Claim form must be received at our office not later then 30 days of opening the account. Any delayed forms will not be accepted for credit.

7.2 Periodical Promotions

a) Periodical Promotions are for certain periods and are subject to dates and stock availability .

b) No Rain Checks are provided.

c) In Promotions our intentions are to pass on the benefits to our customers, as much as we can.