Terms and Conditions
These terms of trade (“Terms”) govern all sales and supplies from ACE Distribution Limited (“ACE”),including direct and online sales, and are accepted by every customer (or agent/representative thereof) or Account Holder (being a customer approved to hold a credit account). Ace Distribution and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Ace Distribution, you accept these conditions. Please read them carefully. In addition, when you use any current or future Ace Distribution service or visit or purchase from any business affiliated with Ace Distribution, whether or not included in the Ace Distribution Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
1. Pricing
1. All prices exclude Goods and Services Tax (“GST”), unless stated otherwise. In addition to the price, you must pay GST on the supply at the rate applicable at the time of supply. Online customers will receive GST inclusive order confirmation. ACE will issue Account Holders with a GST invoice.
2. Prices are subject to change at any time without notice.
3. Delivery fees apply for goods that ACE delivers to you and we will advise you of the fee for each order or for Account Holders we will agree with you the appropriate delivery fee structure.
2. Payment
1. Payment for orders shall be made by credit card at the time of placing an order by all customers other than Account Holders with an approved credit line.
2. Payment of orders made by Account Holders with an approved credit line is to be made no later than the due date as specified on the invoice provided to you.
3. In the event that any Account Holder’s order invoice has not been paid in full by the due date, ACE may at its discretion:
3.1. charge interest compounding monthly on the unpaid overdue balance at the rate of 2.5% per month;
3.2. charge you costs it incurs (including collection costs and legal costs); and
3.3. suspend sale or delivery of further goods until the account is paid in full.
3. Events upon which immediate payment by Account Holder required
1. All amounts outstanding will become immediately due and owing and you will be in breach of these Terms if the information given in your application for credit is not correct and you have failed to correct this information within five days, or if, in ACE’s opinion, there is a significant risk that you cannot or will become unable to pay your debts as they fall due including if you become insolvent, enter into a compromise with your creditors, commit any act of bankruptcy, or if a receiver, liquidator, administrator or statutory manager is appointed over any of your assets or undertakings.
4. Shipment
1. Upon receipt of an order, ACE will endeavour to ship your items within three working days.
2. If any items in your order are unavailable at the time of processing, you can choose to:
2.1. delete the unavailable items and proceed with the remainder of the order; or
2.2. cancel your order;
2.3. accept delayed shipping of your order to await availability of the items in your order.
3. You will be advised when your order has been shipped. Upon shipment, delivery of your order is intended as follows:
3.1. North Island addresses within 3-7 working days;
3.2. South Island addresses within 5-8 working days.
4. For any orders not received within this timeframe, you agree to advise ACE as soon as possible so that we may immediately investigate your order location. If you do not advise us within the timeframe it may not be possible to investigate and locate your items.
5. For any orders that cannot be located, ACE may, at its discretion, provide either a refund or immediate replacement order.
5. Time that risk passes
1. Risk in any goods that ACE supplies to you will pass to you on the earlier of actual receipt by you or delivery to the address for delivery specified by you.
2. You agree to check your order for any signs of in-transit damage upon delivery and prior to signing for the goods. If you accept the order, you agree to advise us of any damage within 24 hours of delivery. It may not be possible to claim for the damage outside this timeframe and will be entirely at ACE’s discretion to accept such a claim.
6. Defects
1. You agree to inspect all goods supplied by ACE upon delivery and to notify ACE of any alleged defect, including shortage in quantity, damage or failure to comply with the description or quote within 24 hours of receiving the goods, together with details (including photographs where relevant) in support of the defect.
2. If the defect relates to an incorrect supply of goods by ACE, you agree to notify us within 24 hours of receiving the goods. ACE will either process a credit or send a replacement order and arrange for collection of the incorrect goods at its expense and discretion.
3. If requested, you agree to allow ACE an opportunity to inspect any defective goods within a reasonable time following a notification of the defect being made.
4. If you do not notify ACE in accordance with these provisions the goods shall be presumed to be free from any defect.
5. For defective goods, which ACE has agreed in writing that you are entitled to reject, ACE’s liability is limited to either (at ACE’s discretion) replacing or repairing the defective or damaged goods or providing a refund.
6. Goods will not be accepted for return or refund otherwise than in accordance with the above or as otherwise agreed by us at our discretion.
7. Consumer Guarantees Act
1. These terms of trade are subject to the provisions of the Consumer Guarantees Act 1993 ("CGA") if you are a consumer not acquiring the goods for the purposes of business.
2. ACE’s liability under any CGA claim will be limited to the cost of the goods in question.
3. Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms shall be modified to the extent necessary to give effect to that intention.
8. Personal Property and Securities Act 1999 (“PPSA”)
1. Legal and equitable ownership of all goods supplied by ACE is retained by ACE until full payment is made by you of all amounts you owe to ACE. You acknowledge ACE’s right to register a security interest under the PPSA. You further acknowledge that:
1.1. You will promptly execute any documents and do anything else required by ACE to ensure that the security interest in the goods constitutes a perfected security interest.
1.2. Nothing in s114(1)(a), 133, and 134 of the PPSA, or your rights under the sections of the PPSA listed in section 107(2) of the PPSA, will apply to the goods or these Terms.
1.3. You waive your right to receive a copy of the verification statement confirming registration of a financing statement or a financing hange statement relating to the security interest created by these Terms.
1.4. The goods will be stored in a way which allows the goods supplied or delivered at different times by ACE to be identified to a articular delivery and/or invoice by ACE.
1.5. Notwithstanding any appropriation by you, ACE is entitled to apply any payment you make as it sees fit.
9. Power of entry to recover goods
1. On request, you will give ACE details of all premises where you hold the goods. Subject to any rights you have under the Credit (Repossession) Act 1997, where you are in breach of these Terms, ACE may, without further notice, use reasonable force to enter any premises under your control to remove any goods which are the property of ACE. You indemnify ACE against all costs and claims in respect of its exercise of rights under this clause.
10. Privacy Statement
1. You acknowledge and agree that any information which you have supplied to ACE (including any personal information as defined in the Privacy Act 2020) is able to be used by ACE, for order fulfilment, for credit checking purposes, for debt collection purposes, for sales analysis and to provide you with information about ACE and their goods, services, promotions and events. Any personal information that you provide to ACE will be collected and held by ACE electronically. Under the Privacy Act, if you are an individual, you have rights of access to, and correction of, personal information held.
11. Obligation to maintain confidentiality and prevent fraud
1. For business customers (including Account Holders), your pricing and any credit terms with ACE is confidential and you must maintain that confidentiality. You are responsible for ensuring that your ACE account details are not provided or disclosed to any person other than those persons within your organisation who are expressly authorised to act on your behalf. You are liable for all purchases on your ACE account including those made fraudulently where you have failed to comply with this clause. You will not be liable for purchases by unauthorised persons from the time ACE receives your advice in writing of a lost or stolen card or account details.
12. Exclusions and limitation of liability
1. For all purchases from ACE that are for the purposes of business (including a company, club, institution, charity or community group) you acknowledge that, to the fullest extent permitted by the law:
1.1. All guarantees, warranties and conditions implied by the Consumer Guarantees Act 1993 or the Sale of Goods Act 1908 or otherwise, are expressly excluded.
1.2. Subject to any mandatory labelling or other requirements, ACE does not warrant that any goods it sells will meet any particular specifications or be fit for any particular purpose.
1.3. Any claims concerning goods must be made within 48 hours of receipt of the goods for damaged goods or the due date for elivery for missing goods. Invoice number/s and dates must be supplied as proof of purchase. Where ACE accepts liability for damaged or missing goods, ACE’s only liability is to either, at its option, resupply the goods or refund all or part of the purchase price of the goods.
2. ACE will not in any circumstances be liable for any indirect or consequential loss or damage nor for any loss of business, loss of production, property, profit, goodwill, or business opportunity or overheads however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of ACE’s failure or omission to comply with its obligations, even if ACE had been advised of the possibility of such damage or loss, and whether such claim is made in contract, tort or otherwise.
13. Product recall
1. You agree to co-operate fully with ACE if ACE decides or is required to recall goods supplied to you.
14. Returns and Refunds
1. If you order an incorrect item or change your mind within seven days of receiving the order, you can return the goods to ACE at your cost and you will be credited for the cost of the goods less freight and with a restocking fee calculated at a rate of 5% of the cost of the goods being returned.
2. You acknowledge that ACE is not obliged to accept the return of goods if they have been used, altered, damaged or otherwise interfered with by you or any other person and are no longer in original condition.
3. Where goods are returned to ACE but not accepted as above, we will confirm that you want them returned to you at your expense.
4. If goods are expressly sold on a non-return basis, or if they are not returned to ACE within seven days of you receiving the order,returns will not be accepted and no credit or refund will be provided.
15. Cancellations
1. You may cancel an order at any time prior to it being processed by ACE, however you must contact ACE by emailing hello@aceshop.co.nz to confirm whether the order has been processed.
2. If your order has not been processed at the time of you notifying your intent to cancel, we will email you to confirm the order can be cancelled for a full refund less any bank or credit card fees that may apply.
3. If the order has been processed and/or shipped we will email you to advise that you may still cancel the order (in whole or in part) provided you:
3.1. notify ACE within 5 days of placing or receipt of the order of your cancellation; and
3.2. accept responsibility for appropriate return shipping (if the goods have already been dispatched); and
3.3. return the goods in original, unopened and saleable condition; and
3.4. agree to a refund which will have any bank or credit card fees and a restocking fee of 5% of the value of the cancelled items deducted from it.
4. If the goods are returned but are not in original, unopened and saleable condition, ACE is not obligated to accept the goods and/or refund the order value.
16. Credit Terms
1. ACE reserves the right at its discretion to grant or decline credit to any Account Holder and to suspend or cancel any credit entitlement with effect from the date of notification to the customer.
2. ACE reserves the right to impose a credit limit which may be altered at ACE's discretion with effect from the date of notification to the customer. If the credit limit is at any time exceeded that shall constitute a breach of these Terms. ACE may, in addition to its other remedies, refuse to accept any further orders from the customer and/or withhold delivery of any goods ordered by the customer under any contract until the breach is remedied to the satisfaction of ACE.
17. Demand and Notices
1. Demand may be made of, or notice given to, a customer by ACE posting a letter or invoice to the customer at the customer's last known address, which shall be deemed to be received by the customer two days after the date of posting of the letter or invoice.
2. Any notice or other document to be served by the customer on ACE shall not be served or given by facsimile or electronic mail.
18. Spray Paint Special Conditions of Sale (R18)
1. R18: New Zealand prohibits the sale of spray paint to people less than 18 years of age. By choosing to order spray paint from our webstore for delivery you are agreeing that you are over the age of 18. Prior to delivery we may ask you to email a photo of your proof of Age ID to us. Valid ID includes: NZ Drivers License, Passport, Student ID, HANZ 18+ Card and Birth Certificate.
19. General Conditions
1. ACE reserves the right to change these Terms from time to time and will provide adequate notice to you in writing as required.
2. If ACE fails to enforce any term or fails to exercise any right under these Terms at any time, ACE has not waived that term or right.
3. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions remain in full force.
4. You consent to receiving promotional material, special offers and other correspondence from ACE by electronic email.
5. ACE may assign any of its rights under these terms.
6. If there is any inconsistency between these Terms and the terms of any order submitted by you or any price list, invoice or delivery docket issued by ACE, these Terms shall prevail, unless otherwise agreed in writing by ACE.
7. Account Holders must not change their name or address for service without first notifying ACE in writing of the new name and/or address not less than seven days before the change takes effect. The Account Holder must also give notice of any material change in organisational structure, financial position, shareholding or directorship within seven days of such changes being effected.