Stamp and coin dealers and private collection file terms and conditions

1. Marketing and Promotion

As a stamp or coin dealer or person notified that you have been allocated the dealer role (“Dealer”) you must not engage in any act, or allow any act to be done, which does or will, in our reasonable opinion, in any way harm, impair or adversely affect, the reputation of New Zealand Post or the products.

When promoting or marketing any product, you must comply with all of our reasonable directions, and in particular:

  • advertise and promote the products in a manner consistent with any brand and marketing guidelines notified to you, including the use of product and logo images supplied by us and acknowledgement of New Zealand Post on any promotional or marketing material;
  • request consent to use your own product imagery and provide reasons for not using the imagery supplied by us, and only use the requested imagery upon receipt of such consent;
  • acknowledge that any high-resolution imagery you receive from us is copyright to New Zealand Post (© New Zealand Post Limited);
  • provide to us copies of all marketing literature about, or containing information about, the products;
  • meet any minimum order targets and other requirements notified to you;
  • not make any misrepresentation or misstatement about the products or New Zealand Post, including not make statements or claims that are not supportable, might infringe our intellectual property rights or might negatively affect New Zealand Post’s image;
  • only describe yourself as a Dealer of the products, and not represent (whether expressly or by implication) that you are the issuer of the products, and in all respects ensure that all products or services marketed by you are marketed in such a manner as is necessary to prevent customers or the general public from being misled or deceived into believing that: 

(i) the products or services of our competitors (including your products or services) are in fact provided by us; or

(ii) our products are in fact provided by our competitors; and

  • strictly comply with all embargo requirements and confidentiality obligations.

2. Return of Products

To the maximum extent permitted by law, but subject to the subclauses below, all ordered products purchased by you are purchased on a ‘no returns’ basis and without warranties of any kind, either express or implied (including but not limited to warranties of merchantability or fitness for a particular purpose). 

Our liability to compensate for defect or deficiency of products is limited as set out in the subclauses below. 

We will check before supply, and warrant, the quality and quantity of the products, and reasonable adequacy of packaging. 

We need not consider any claim of defect or deficiency in any ordered products delivered, unless you:

  • give notice to us of the details of the defect or deficiency within five (5) business days after delivery;
  • comply reasonably promptly with any reasonable requests we make for further information in relation to the defect or deficiency; and
  • immediately return the affected products to us.

If we accept that a claim for a defect or deficiency is merited and we are responsible for the defect or deficiency, we will, in our sole discretion:

  • if the core item is not damaged or defective, send replacement components; or
  • if we have existing stock suitable for replacement, replace the affected products; or 
  • credit your account for the amount paid in respect of the ordered products that are affected.

Upon completion of the replacement or credit transaction, title in the affected products is transferred to us.

You agree that you are acquiring the products for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply to the supply of the products by us to you.

3. Embargoed Products

From time to time, we may specify a marketing embargo on a product (“Embargoed Product”). Sale and distribution by you of Embargoed Products is embargoed until the official release date specified by us (“Embargo Period”). Under these circumstances, you may provide details of Embargoed Products to another party:

  • solely for the purposes of organising the printing of advertising material relating to the Embargoed Product provided that the other party gives a written undertaking that they will keep the Embargoed Product confidential until the end of the Embargo Period; or
  • for other purposes (for example, forwarding to wholesalers in preparation for sale), only with our prior written permission and subject to such conditions or restrictions as we consider appropriate in our absolute discretion.

You remain responsible for the actions of any third party to whom you release Embargoed Products or information about Embargoed Products.

If the official release date changes for whatever reason, we will notify you. You must comply with these restrictions on the new Embargo Period notified.

4. Liability

We are liable to you only for defective or deficient products and only to the extent set out in clause 2. In particular, we will not be liable to you in any other way, including for any indirect or consequential loss or damage or loss of profits, sales or income, or any other direct or indirect loss to you, whether arising from our refusal, inability or delay in supplying products or re-supplying affected products, or otherwise.

Our aggregate liability to you arising from all claims in any consecutive 12 month period is limited to the amount actually paid by you to us for products in that 12 month period. 

5. Termination

On termination of your rights for any reason:

  • you must immediately cease selling all products;
  • we may recall any product that is unsold by you, in our sole discretion, by notice to you; and
  • if we do request products to be returned and, on receipt, we are satisfied that the returned products are in good order and condition (so that they may be on sold by us), we will refund the amount (if any) paid by you for such products within 20 business days after receipt of the returned products.