Terms and Conditions

1. Definitions

1.1  “Business Day” means any day Monday through Friday between the hours of 9.00 am and 5.00 pm excluding public holidays.

“Customer” means the person, firm, company or entity purchasing goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.

“Goods” means all Goods sold or to be sold, or supplied by STICKR to the Customer at the Customers request from time to time.

 “GST” means Goods and Services Tax imposed under the Goods and Services Tax Act 1985.

 “Price” means the price payable for the Goods and/or Services as agreed between STICKR and the Customer.

 “STICKR” means Global Wall Coverings Limited, its successors and assigns or any person acting on behalf of and with the authority of Stickr.

2.  Acceptance of Terms

2.1   These terms and conditions apply to any order for Goods placed by a Customer.

2.2   The Customer is taken to have exclusively accepted and be immediately bound by these terms and conditions upon placing an order on STICKR’s website for Goods.

2.3   These terms and conditions may only be amended with STICKR’s prior consent in writing and prevail to the extent of any inconsistency with any other document or agreement between the Customer and STICKR.

2.4   The Customer acknowledges and accepts that STICKR at its discretion, reserves the right not to supply Goods if, for any reason (including but not limited to, where the Goods are not or cease to be available, account disputes or conditions placed on STICKR by its suppliers). STICKR will not be liable to the Customer for any loss or damage the Customer suffers due to STICKR exercising its rights under this clause.

2.5   Where there is more than one Customer that has entered into the Terms and Conditions, the Customers are jointly and severally liable for all payments and obligations.

2.6   The Goods are as described on the relevant material and website.

3. Orders

3.1   Any Price quoted, published or otherwise provided by STICKR is an invitation only and does not constitute a contractual offer.

3.2   Any order for Goods received from a Customer shall not be binding on STICKR until it has been accepted by STICKR in writing or the act of dispatching the ordered Goods or supplying the Services to the Customer.

3.3   Where goods are sold by description or by reference to a sample, STICKR will use its best endeavours to supply goods complying with such description or sample, but STICKR shall not be liable in any way whatsoever for any variation in the goods.

3.4   The Customer shall be responsible for ensuring the accuracy of any order and of any applicable specifications. The quantity, quality and description of, and any specification for, Goods shall be those set out in the Customer’s order (if accepted by STICKR), provided that STICKR may make changes to specifications which do not, in STICKR’s sole and unfettered discretion, materially affect the quality or performance of Goods.

4. Price and Payment 

4.1   Generally, the Price for any Goods will be that Price listed for those particular Goods on STICKR’s website.

4.2   Notwithstanding clause 4.1, STICKR may vary the Price after receipt of an order from a Customer in the event of:

(a)   Any mistake on the part of STICKR in publishing a Price on STICKR’s website and relevant material;

(b)  Any increase in costs charged to STICKR by its suppliers;

(c)  Any increase in taxes, duties or other charges imposed by any government body in relation to the goods;

(d)  Any change to the Goods requested by the Customer;

(e)  Any increase as a consequence of variations in foreign currency rates of exchange;

(f)   Any increase in the cost of freight and insurance charges;

(g)  Any inaccurate specifications provided by the Customer;

(h)  As a result of increases to STICKR in the cost of materials and/or labour.

 4.3   In the event a Customer has placed an order for Goods which are subject to a variation in Price under clause 4.2, then STICKR will notify the Customer in writing of the variation in Price, along with any reasons for the variation. The Customer may then elect whether to confirm or cancel the order. In the even the Customer elects to cancel the order STICKR will refund any money already received from the Customer in relation to that order in full.

4.4   In the case of cancellation under clause 4.3, the sole extent of STICKR’s liability to the Customer will be the amount of money already paid by that Customer in relation to that cancelled order. STICKR will not otherwise be liable for any loss or damage whatsoever arising from that cancellation.

4.5   The Price will be paid by the Customer on the date/s (time being of the essence) determined by STICKR and advised to the Customer from time to time.

4.6   Payment may be made by electric/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to in writing prior to payment from Customer to STICKR.

4.7   Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to STICKR an amount equal to any GST, STICKR must pay for any supply by STICKR under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

5. Accuracy, completeness and timeliness of information

5.1   STICKR shall not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at the Customers sole risk at all times.

6. Third-party Links

6.1   Certain Goods available via STICKR’s website may include materials from third parties. Third-party links on this site may direct the Customer to third-party websites that are not affiliated with us. STICKR shall not be responsible for examining or evaluating the content or accuracy and STICKR will not have any liability or responsibility for any third-party materials or websites, or for any other materials, or Goods, or services of third-parties.

7. Title to Goods and Delivery

7.1   STICKR and the Customer agree that ownership of the Goods shall not pass until the Customer has paid STICKR all amounts owing to STICKR and the Customer has met all of its other obligations to STICKR.

7.2   Delivery (“Delivery”) of the Goods is taken to occur at the time that the carrier takes possession of the Goods at STICKR’s address.

7.3   At STICKR’s sole discretion the cost of delivery of the Goods may be either included in the Price or be in addition to the Price.  In any event the Customer shall be responsible for the cost of delivery and shall pay such to STICKR on demand (time being of the essence).

7.4   STICKR will take all reasonable endeavours to ship any ordered Goods within 5 Business Days of receipt of payment; however, this time is an estimate only. The Customer must still accept delivery of the Goods even if late and STICKR will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late. Backorders will be shipped as soon as they are available and shipping is available.

8. Product Disclaimer

8.1   STICKR wallpaper and decals are designed for DIY application, and relies on the Customer closely following all relevant installation instructions provided to achieve the best results.   .

8.2   The Customer agrees that their use or inability to use the goods is at their sole risk.  In no case shall Stickr ,its directors, officers, employees, affiliate, agents, contractors or service providers be liable for any loss or claim, direct or indirect ,incidental, punitive, special or consequential damages of any kind including without limitation lost profits, lost revenue, lost savings, lost data, replacement costs or similar damages whether based in contract, tort (including negligence), strict liability or otherwise arising from the Customers use of the Goods.

8.3   STICKR will not be liable for any damage to walls as a result of the application or removal of the Goods to or from walls.

8.4   STICKR will not be liable for wallpaper or wall decals that do not stick to wall

8.5   STICKR will not replace or refund Goods that has not been installed correctly. (For more information please read STICKR’s refund policy page located at the following address https://stickrshop.com/policies/refund-policy).

9. Returns 

9.1   Certain Goods are available exclusively online through the website. These Goods may have limited quantities and are subject to return or exchange only according to STICKR’s Return Policy found at the following address:

https://stickrshop.com/pages/returns

10. Cancellation

10.1   STICKR may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice STICKR must repay to the Customer any money paid by the Customer for the Goods. STICKR must not be liable for any loss or damage whatsoever arising from such cancellation.

10.2  In the event that the Customer cancels delivery of Goods and/or Services the Customer must be liable for any and all loss incurred (whether direct or indirect) by STICKR as a direct result of the cancellation (including, but not limited to, any loss of profits).

10.3   Cancellation of orders for Goods and/or Services made to the Customer’s specifications, will not be accepted once production has commenced.

11. Claims

11.1   Any claim by the Customer must be made in writing and may be delivered, hand delivered or emailed as soon as practicable after discovery of the problem and in any event no later than 5 Business Days after delivery of the Goods. The Customer must supply a sample, if requested, and information to the extent STICKR can identify the Goods, batch number (if applicable) and date of manufacture. STICKR has the right at any time within 30 days after receipt of the claim to inspect the relevant Product. The Customer must not dispose of any of the Goods within the 30-day period, except with the written consent of the Stickr, all claims in respect of the Goods disposed of and are deemed to have been waived by the Customer.

12. Consumer Guarantees Act 1993

12.1   The New Zealand Consumer Guarantees Act 1993 (CGA) is legislation that guarantees the rights of both the seller and consumer for Goods and services sold. In the unlikely event that a Good the Customer has purchased from STICKR is or becomes faulty, STICKR is committed to meeting its obligations under the CGA. The Customer acknowledges that the CGA or any equivalent consumer protection legislation will not apply where the Customer purchases any Goods for the purposes of a commercial, resale or trade use.

13. Privacy

13.1   STICKR privacy statement can be found at the following website address:

https://stickrshop.com/pages/privacy-policy

14. General

14.1   The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

14.2   These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand, in which STICKR has its principal place of business and are subject to the jurisdiction of the courts in New Zealand.

14.3    The Customer agrees to indemnify, defend and hold harmless STICKR and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out the Customer’s breach of these Terms and Conditions or the documents they incorporate by reference, or the Customers violation of any law or the rights of a third-party.

14.4   Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, pandemics or other event beyond the reasonable control of either party.

14.5   If any part, term or provision of these Terms shall be held invalid, void, illegal or unenforceable the validity, existence, legality or enforceability of the remainder of these Terms shall not be affected, prejudiced or impaired.

14.6   The parties assure each other that they have the power to make and carry out the terms of these Terms and that each has taken and will take all necessary action (corporate and otherwise) to authorise the execution, delivery and performance of their respective obligations under these Terms.

14.7   Nothing in these Terms shall constitute a partnership between the parties or constitute the parties as joint venturers or any party as agent for another party.