They don’t ship to NZ? Shop like a local with You Shop

How do these terms of use work?

These terms of use apply to your access to and use of the You Shop website and the provision of the Services by New Zealand Post Limited (we, us and our) to you. Terms with a capitalised initial letter in these terms have the meaning set out in the Definitions section (clause 22).

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We use the phrase “these terms” to cover all of these terms and any document referred to in these terms, each as varied from time to time.

Please read these terms carefully before you start using the You Shop website. By accessing and using the You Shop website and/or any Services you agree to be bound by these terms. If you don’t accept them, you may not use the You Shop website or any Services.

We may change the Services, the functionality or content of the You Shop website and/or these terms at any time by posting changes to the You Shop website. Your continued use of the You Shop website and/or any Services will mean you agree to those changes.

1. You Shop

You Shop is a service which allocates you:

• an address in the USA for You Shop United States of America; and/or
• an address in the UK for You Shop United Kingdom

(at your option) which you can give to online Merchants in the USA or UK (as appropriate) as your shipping address in the relevant region. We will receive, process, store and repack (if applicable) items sent to you at your You Shop Addresses. You can then arrange and pay through the You Shop website for those items to be shipped to your Delivery Address in New Zealand. If your item is under 30kg, Standard (Air) service is available. If your item is over 30kg, you can arrange to have this sent via Economy service (Sea Freight), if available. You may then either collect it from our site in Auckland, or we can arrange an Oversize domestic delivery for you to your delivery address in New Zealand for an Additional Fee. (Dimension and contents restrictions apply.)

You Shop Services can only be used by registered You Shop users that have a New Zealand Delivery Address.

2. Registration

Register to access

To access and use the You Shop website and any services, you will need to register as set out on the You Shop website. If we accept your registration, you will be provided with a You Shop ID and a You Shop Address for the regions you select during registration.

Your registration details are confidential

Your You Shop registration details, including your You Shop ID and You Shop Addresses (‘Registration Details’) are personal to you and must be kept private and confidential at all times.

Website terms apply

Our website terms and conditions also apply to your access to and use of the You Shop website and are incorporated in and form part of these terms. The term “website”, when used in the website terms, includes the You Shop website. If there is any inconsistency between these terms and the website terms, these terms prevail.

3. The Services

Provision of the Services

We will endeavour to provide the Services to you as described on the You Shop website from time to time and in accordance with these terms.

The process

• We will notify you:
• when Your Parcel has been processed at our Warehouse and is available for Shipping. We aim to do this within 4 working days of its arrival at the Warehouse. Your merchant should provide you with an estimated delivery date to the Warehouse. If you haven’t received a notification from us within 4 working days after that date, please use our claim your parcel service;
• if Your Parcel arrives at our Warehouse opened or damaged;
• of the Charges (including return fees) payable by you in respect of Your Parcel; and
• that you have the option to Change Delivery Details for Your Parcel before payment is made.

• You must accurately declare the Item Value for any Item purchased for shipment via You Shop. You will be asked to substantiate this declaration with a copy of the Item’s invoice from the Merchant. This invoice must contain the value of the Item and the value of the shipping fees from the Merchant to the You Shop Warehouse, as well as the value of any domestic sales tax. If the invoice does not contain the required information set out in this section 3, we may request additional documentation to substantiate the declared Item Value.
• The invoice and any additional documentation required under this section 3 must be submitted to us prior to payment for the You Shop service. You will be asked to upload a copy of the invoice and any additional documentation required via our website prior to payment. You will be required to declare that the value listed on the invoice is correct. You will be liable for any costs incurred by us in respect of incorrectly declared values or resulting from your provision of incorrect or false information and/or documentation. You may also be charged an Additional Fee of $50 (plus GST) for administration costs.
• When declaring the Item Value, you must also provide an Item Description. This needs to be a specific and accurate description of the Item; it cannot simply be a category. If you have purchased a pair of shoes, for example, we need to know what the shoes are made of (canvas/rubber/leather) and what the shoes are to be used for (running/sports/golf). The Item Description, in that example, would show that you purchased “Canvas Running Shoes”. You cannot use ‘Shoes’ as the Item Description. Dropdown menus are provided – choose the closest description for your item at each level.
• You must provide us with the information and documentation we require for us to complete a customs declaration for Your Parcel, and pay the applicable Charges within 21 days of us notifying you of those Charges. You warrant that all information you give to us is accurate, complete and not misleading. Please note that the declared value should include the cost of the item(s) in Your Parcel as well as the cost to ship Your Parcel from the Merchant to our Warehouse. You acknowledge that you are responsible for verifying any Customs declaration we complete on your behalf.
• The information you provide will also be used to calculate the GST you are required to pay on Your Parcel.

• Under New Zealand’s tax legislation, civil and criminal penalties apply where incorrect or misleading information is provided for the purpose of avoiding or minimising the payment of GST. This includes, but is not limited to, declaring an incorrect total value for the goods. The maximum fine for a first-time offender is $25,000, and for a repeat offender is $50,000. You will also be required to pay the amount of GST that should have been paid.
• If you and Your Parcel complies with these terms, we will Ship Your Parcel and Deliver it to the Delivery Address (subject to your payment of the Charges and all applicable taxes, duties and customs clearance and other charges). We will notify you when Your Parcel arrives in New Zealand.
• You can only Change Delivery Details for Your Parcel before you make payment. However, for Oversize goods where you have selected to send via Sea and onward delivery to an address in New Zealand, you may Change Delivery Details after initial payment of Charges, until the invoice for domestic delivery has been issued to you.
• You may be able to redirect Your Parcel once i you are notified that Your Parcel has cleared New Zealand Customs but before Your Parcel is out for delivery (an Additional Fee may apply). We do not guarantee we will be able to act on your redirection instruction.

Completion of documents

We may, at our reasonable discretion, do any of the following on your behalf to enable Your Parcel to be Shipped:

• complete any documents required under applicable laws and regulations;
• act as your forwarding agent for customs and export control purposes, and as a receiver solely for the purpose of designating a customs broker to perform customs clearance and entry; and
• take such other steps to carry out the Services by any route, means and carrier as we see fit.

Delivery

We will endeavour to Deliver Your Parcel to you within the timeframes indicated on the You Shop website.

However, all delivery timeframes, whether on the You Shop website or otherwise notified to you, are targets and are provided as a guide only.

Prior to arrival at a Warehouse, you are responsible

You are solely responsible for the shipping of Your Parcel from the Merchant to your relevant You Shop Address, including all associated costs (if any). We have no visibility of items being sent to our Warehouse until they arrive, so we are not responsible or liable for:

• any failure or delay in delivery of Your Parcel to a Warehouse, including any claimed delivery of Your Parcel to a Warehouse where the Merchant has not obtained proof of delivery and a signed acknowledgment of receipt by authorised personnel at the Warehouse;

• anything which happens to Your Parcel prior to receipt of Your Parcel by us at a Warehouse or, where Your Parcel (or any item in Your Parcel) are to be returned to the relevant Merchant, anything which happens to Your Parcel after dispatch from a Warehouse;
• anything which happens to Your Parcel if a Warehouse refuses to accept delivery of Your Parcel because any taxes, duties or charges are unpaid in respect of Your Parcel;
• any acts or omissions of any Merchant, including any refusal by a Merchant to ship goods to your You Shop Address or any conditions (including additional charges) or restrictions placed by a Merchant on such shipping; or
• any dissatisfaction with the contents of Your Parcel, including where Your Parcel do not contain the items you ordered from a Merchant.

Claim Your Parcel

You can claim your Parcel by logging in to the You Shop website using your Registration Details, clicking on the Claim Your Parcel search, entering your Merchant’s tracking number, confirming Your Parcel belongs to you, and claiming Your Parcel.

4. Prohibited items and prohibited activities

Zero Rated Items

NZ Post prohibits the delivery of certain GST-exempt and excisable Items via You Shop. We do not have the resources or ability to identify and treat these Items any differently to Items that are subject to GST. If you ship a Prohibited Item via You Shop and we are required to provide a refund of the GST paid, you will be charged an Additional Fee of $50 (plus GST).

Jewellery

Please note that jewellery may only be presented where:

• the total value of the contents of Your Parcel (including jewellery) is:
• up to $2,000 for items that are sent by a Merchant to our Warehouse in the USA;
• up to $1,400 for items that are sent by a Merchant to our Warehouse in UK;

AND: the item is not fine metal

Any other jewellery and fine metal of any kind are Prohibited items.

Prohibited Parcel not to be presented

You must ensure that Your Parcel (including any Consolidated Parcel):

• does not contain Prohibited Items including alcoholic products or beverages;
• does not exceed the applicable size and weight limits for each particular Service (as set out on the You Shop website);

• is insufficiently packaged to withstand transport to New Zealand and you have not consent to Repack of Your Parcel; or
• does not exceed the value limit (ie more than $2,000 for Parcels that are sent by a Merchant to our Warehouse in the USA or more than $1,400 for Parcels that are sent by a Merchant to our Warehouse in UK).

Our Rights in relation to Prohibited Items

We may open and inspect Your Parcel if we suspect the contents may be, or may contain, a Prohibited Item. If we find a Prohibited Item, it will not be delivered and we will not refund any postage costs paid by you.

Option to return or send to another address in relevant country

If we consider Your Parcel is Prohibited but is eligible for delivery in the relevant country (that is, within the USA for items that are sent by a Merchant to our Warehouse in the USA or within the UK for items that are sent by a Merchant to our Warehouse in UK)

we will notify you. You may request that Your Parcel is returned to the relevant Merchant or sent to another address in the USA or UK (as applicable for the Warehouse Your Parcel was sent to) provided that you pay us the relevant Charges. You must provide us with instructions and payment within 21 days after our notice to you. Please note, we will not cover you for any loss of, or damage to, Your Parcel, even if we agree to arrange return to a Merchant or other address.

Other Prohibited Items

If:

• we consider that any of the items in Your Parcel received by us at a Warehouse are Prohibited Items for domestic delivery in the USA or UK (as applicable for the Warehouse Your Parcel was sent to) ; or

• you have not, within 21 days of being notified, provided us with return or further sending instructions and paid the applicable Charges in accordance with these terms for your Prohibited item,

we may deal with any such items as we see fit, at your cost, and without further notice or liability to you, including without limitation by:

• refusing to accept such items at the Warehouse;
• returning such items to the relevant Merchant;
• destroying or disposing of such items; and/or

• informing, and/or delivering any such items to, any Regulatory Authority.

If Your Parcel has already arrived in New Zealand when the Prohibited Item is discovered, we may, at our discretion and at your cost: 

• make the item safe;
• deliver the item to you using a licensed dangerous goods carrier or security firm; 
• destroy the item; 

• dispose of the item; or 
• deliver the item to the appropriate authorities. 

Our rights are not in any way diminished if we decide to consult with you about the action we take in respect of such items.

Prohibited activities

Your You Shop Address is provided for the purpose of accessing and using the Services only and the use of your You Shop Address for any other purpose, including but not limited to facilitating any unlawful copyright infringement, is expressly prohibited.

5. Compliance with laws

You are solely responsible for ensuring the items within Your Parcel can legally be:

• exported from the USA (in the case of Your Parcel sent to our Warehouse in the USA);
• exported from the UK (in the case of Your Parcel sent to our Warehouse in the UK);
• imported into New Zealand,

including ensuring compliance with:

• all applicable requirements of Regulatory Authorities (including border agencies responsible for clearing items for movement between countries);
• all federal and state laws of the USA relating to cross-border movement of goods (in the case of Your Parcel sent to our Warehouse in the USA);
• all laws in UK relating to cross-border movement of goods (in the case of Your Parcel sent to our Warehouse in the UK).

We have no liability to you for Your Parcel if it cannot be Delivered to you because you have not complied with this requirement. You should refer to the New Zealand Customs Service fact sheet “Advice on importing goods into New Zealand” (which is available at www.customs.govt.nz) or the appropriate USA or UK governmental authority (as applicable) for further information. You acknowledge that Regulatory Authorities may detain Your Parcel for any reason they deem appropriate and we are not liable for the consequences of any such detention, including any delay or failure to Deliver Your Parcel.

6. Inspection of Your Parcel

We may, but are not obliged to, open and inspect any of Your Parcel at any time and for any purpose, including but not limited to:

• inspecting the contents of Your Parcel;
• assessing the category, or where a Merchant’s sales invoice forms part of Your Parcel, value of items in Your Parcel for customs declaration or GST purposes;
• assessing whether any of the items in Your Parcel are Prohibited Items or are otherwise prohibited under these terms; and

• checking any of Your Parcel which arrive opened or damaged at a Warehouse to assess whether items in Your Parcel are suitable for Shipping.

7. Repacking or Consolidation of Your Parcels

Repacking

You may request the Repacking of Your Parcel if you think the applicable international postage Charges for Your Parcel can be reduced by more efficient packing. We will consider your request, and notify you of the outcome, usually within 2 working days.

We will NOT Repack any of the following at any time:

• if the repacked items will not have a weight difference greater than 2 kg between the actual weight and volumetric weight;
• leather products;
• Prohibited Items including flammable items such as perfume. These will be dealt with in accordance with clause 4;

• parcels that have been gift wrapped and/or marked ‘gift’;
• parcels marked ‘fragile’, or the items are inherently fragile;
• items packaged with protective cushioned packaging material, if in our reasonable opinion these cannot be repacked without compromising the safety of the contents;
• items in the manufacturer’s branded packaging e.g. shoe boxes;
• items packed within a satchel or plastic packaging bag e.g. clothing;

• items sent to our You Shop USA warehouse which are automotive parts or accessories.

If we accept your request to Repack, the dimensions of Your Parcel will be updated on the You Shop website and you must pay the Charges for a Repacked Parcel. Any such repacking of Your Parcel may mean the return, refund or exchange policy of the Merchant for items in Your Parcel is invalid, void or cancelled. Once your request has been accepted, you can not withdraw your request.

If Your Parcel is insufficiently packaged to withstand transport to New Zealand, it will be classed as Prohibited but if you consent to the Rrepacking of Your Parcel to make it safer to send, you must pay the Charges for a Repacked Parcel.

Consolidation

You may request up to 3 of Your Parcels (if eligible) to be Consolidated, in which case the existing packaging will be removed and the Items consolidated into another box that best fits the Items. We will consider your request, and notify you of the outcome, usually within 2 working days.

We will NOT consolidate any of the following at any time:

• leather products;
• Prohibited Items including flammable items such as perfume. These will be dealt with in accordance with clause 4;

• parcels that have been gift wrapped and/or marked ‘gift’;
• parcels marked ‘fragile’, or the items are inherently fragile;
• items packaged with protective cushioned packaging material, if in our reasonable opinion these cannot be repacked without compromising the safety of the contents;
• items in the manufacturer’s branded packaging e.g. shoe boxes;
• items sent to our You Shop USA warehouse which are automotive parts or accessories.

The Charge for your Consolidated Parcel will be the consolidation rate calculated on the Consolidated Parcel’s volumetric weight, discounted by 30 % (with a minimum charge for 1kg).

You may be required to pay an Additional Charge for domestic delivery if your Items selected for Consolidation do not fit into a single box.

Any Consolidation of Your Parcels may mean the refund or exchange policy of the Merchant for Items in Your Parcels is invalid, void or cancelled. Once your request has been accepted, you can not withdraw your request. Once you have decided to Consolidate a parcel and paid the Charges, Your Parcel cannot be returned by the Warehouse, nor split into individual parcels again.

8. Return of Your Parcel

Return at your request

After Your Parcel has been received at a Warehouse and before it has left the Warehouse for shipping, we may, but are not obliged to, arrange for Your Parcels to be returned to the relevant Merchant or sent to another address in the USA or the UK (as applicable based on which Warehouse received Your Parcel), if you request that we do so, and pay our applicable Charges.

We will only attempt to return or redirect Your Parcel once on your behalf. If you supply an invalid address or an invalid prepaid return label, we may treat Your Parcel as undeliverable and return, destroy or dispose of it in accordance with these terms,

A Consolidated Parcel can not be returned once the Charges for consolidation have been paid.

Return for non-payment

If, within 21 days of us notifying you of the Charges for, and information we request to Deliver, Your Parcel, you have not paid those Charges or provided the required information, we may, at our reasonable discretion and without limiting our other rights, without notice to you but at your cost, arrange for the return of Your Parcels to the relevant Merchant. We will provide reminders to you before the final date for your action.

Return after leaving Warehouse

If you wish to return items in Your Parcel to a Merchant after they have left a Warehouse for Delivery, you are solely responsible for arranging for the return of such items after the Parcel is Delivered to you.

9. Disposal of Your Parcel

Having given notice to you as required by these terms due to:

• being unable to Deliver Your Parcel for any reason due to your act or omission, including if Your Parcel does not have sufficient information on or inside it to allow us to identify you as the person who purchased the Items;
• you not having paid the Charges for, or provided us with all information we requested to Deliver, Your Parcel within 21 days of us notifying you of those Charges, or of the required information; or

• your Parcel, or any item in Your Parcel, being a Prohibited Item, or otherwise prohibited under these terms,

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 we may destroy or dispose of Your Parcel or those individual Items in Your Parcel in any manner we see fit, without further notice to you, at your cost and without liability to you.

1. Charges, payments, duties and taxes

Charges

The Charges for the Services are set out on the You Shop website. Shipping Charges are based on the greater of the actual or volumetric weight of Your Parcel rounded up to the next 500g. The weight and measurements we use to determine the Charges for Your Parcel will be the weight and measurements determined by us at the Warehouse that receives Your Parcel. We will notify you of the applicable Charges for Your Parcel. If there is any inconsistency between the Charges on the You Shop website and the Charges in our notice to you, the Charges in our notice will prevail.

There will be no charge if you Change Delivery Details for Your Parcel

• sent via Air before you have paid for the international postage. An Additional Fee may apply if you choose to redirect Your Parcel after it has cleared Customs and before it is out for delivery; or
• being an Economy or Oversize parcel sent via Sea and for domestic delivery, before the invoice for domestic delivery is issued to you. You will not be able to redirect Your Parcel after this point.

.

We may amend the Charges

We may, at our reasonable discretion at any time, amend our Charges, including the method of calculating any Charges. If we do this, we will publicise the change on the You Shop website.

GST

• GST will be charged on all Items ordered via You Shop, regardless of the Item Value. See Inland Revenue information on GST on low value imported goods
• GST will be charged at the rate required by the GST Act, which is currently 15%.
• For all Items, GST will be charged on both the Item Value and the Service Value. If the Item Value is $100, and the Service Value is $50, the total GST payable on the Item will be $22.50. Please see below for a more detailed example.

Matt, a consumer in New Zealand, has a laptop bag purchased in the UK delivered to his UK You Shop address for shipping to his home address in Wellington. Matt paid $40 (converted to NZD) for the bag (including VAT and the amount charged by the supplier for shipping from its retail store to the UK You Shop address).

When arranging for the goods to be redelivered to Matt’s Wellington address, he tells You Shop that he paid $40 for the goods. You Shop charges $15 plus GST for its services as a re-deliverer bringing the goods to New Zealand.

As the entry value of the laptop is less than $1,000 (being $40), no Duty is applicable and You Shop charges Matt $23.25 made up of:

$6 in GST (15% of the $40 Matt paid the UK supplier)

$15 for You Shop’s redelivery services

$2.25 in GST (15% of You Shop’s service fee)

Matt will pay You Shop a total of $23.25; You Shop will return $8.25 to Inland Revenue.

• Different fees and duties may be payable in addition to GST, depending on the overall Consignment Value. Please see the table below for a breakdown of whether these fees and duties are payable.

 

  Less than $400

$400 –

$1000

Greater than $1000

Consignment Value (CV)

Invoice required

Yes

Yes

Yes

GST Charged

Yes

Yes

Yes

Tariff Classification Fee

No

Yes

No

High value surcharge*

Between $250 to $2000

Yes

Yes

Brokerage fee + Import Fee

No

No

Yes

Duty Payable to Customs

No

No

Yes (collected at Border, rate depends on Item type)

 * Additional Compensation Cover – mandatory for consumers; optional for business customers using NZ Post Account

Tariffs and Duties

A Tariff Classification Fee of $46 including GST will be charged on all Tariff Consignments at the time of purchase of the You Shop Service. The Tariff Classification Fee reflects the cost involved in determining the correct tariff code for imported goods. Tariff Classification is a mandatory customs requirement. NZP will undertake Tariff Classification for all Tariff Consignments (you cannot opt out of this when using the You Shop Service).

For Consignments with a Consignment Value greater than $1,000, brokerage fees and import fees are payable at time of purchase of the You Shop Service. Duties may also be payable. Please note that if a duty amount is payable, additional GST will be calculated and charged on the duty amount as required by law.

We will assess your Consignment while in transit from the Warehouse to determine whether any duty and additional GST is payable. If so, we will send you an invoice for the exact amount payable, via email. Once you have paid that invoice in full, we will submit customs clearance for your Consignment.

Please note that we use our own brokerage service for all You Shop shipments (you cannot opt out of this when using the You Shop Service).

 

Our Rights Upon Your Breach

We may, at our reasonable discretion, exercise any or all of the following rights if you fail to comply with your obligations under these Terms:

1. charge additional GST and an Additional Fee if you provide an incorrect declaration of Item Value;

1. charge any Additional Fees incurred if you do not provide an accurate Item Description as required under section 3;

1. charge Additional Fees required to cover any cost or loss suffered by us as a result of your failure to comply with these Terms; and

1. Any other right that we are entitled to exercise under law, or any other applicable terms.

1. In addition to the rights listed above, we may, at our reasonable discretion, withdraw You Shop Services (either temporarily or on a permanent basis) from any customer that makes a false declaration or knowingly provides false information. Under no circumstances will we be liable to such customers for loss of any kind if we exercise of the rights under this clause. 

1. If you under-declare the value of an Item, we may provide any relevant information we hold about you (including personal information) to Inland Revenue on request. 

 

Currency and Exchange

1. You may declare Item Value, and provide receipts, invoices or proof of purchase, in any of the currencies supported by the You Shop website.

 

Payment

You must pay us all Charges relating to the Services provided in respect of Your Parcels. All Charges must be paid in New Zealand dollars using the You Shop website and, in most cases, are non-refundable. No other form or method of payment will be accepted. We will not Ship Your Parcel until all Charges in respect of that parcel have been paid in full.

If Your Parcel is over 30kg, and you request us to arrange an Oversize domestic delivery for you to your delivery address in New Zealand, you will receive an invoice for this Additional Fee, separately from the standard Charges. You will need to pay this second invoice before Your Parcel will be Shipped to you.

You Shop website payments

• You warrant that you are the owner of the credit or debit card used by you for making payments through the You Shop website or are authorised by the owner of that credit or debit card to make such payments.
• We do not collect or hold any credit/debit card information in respect of payments made through the You Shop website. Before providing your credit/debit card details, you will be transferred to a secure server provided by our payment service provider, Windcave. Your credit/debit card data will be used to complete payment and will be Stored securely by Windcave.

• If you use your NZ Post account to charge You Shop services for your business purposes, the provisions of our  General Terms regarding invoicing and payment of Charges apply to your use of the You Shop service unless we have agreed otherwise in writing.

Taxes and duties

You are responsible for paying all taxes, duties and customs clearance and other charges for:

• delivery of Your Parcel to a Warehouse. You should request your Merchant to deliver to the Warehouse via a DDP (Deliver Duties Paid) service; and

• the Shipping of Your Parcel from a Warehouse into New Zealand and Delivery to the Delivery Address.

If Your Parcel arrives at a Warehouse with any taxes, duties or charges unpaid for the region in which the Warehouse is located, it will not be accepted at the Warehouse.

We are not responsible for any seizure, detention or other actions by any Regulatory Authorities or any delay in the delivery, or non-delivery, of Your Parcel to you because any such taxes, duties or charges have not been paid.

Promotional codes

Promotional codes entitle a You Shop user to a discount on the Charges during specified periods.

Promotional codes will only be valid for a limited period of time. The duration and expiry dates of the relevant promotional code will be included with the promotional code.

The terms of the promotional code will specify whether the code can be used only for one or a limited number of Your Parcels, or for multiple Parcels.

Only one promotional code at a time can be used for Your Parcels.

Promotional codes cannot be used in conjunction with any other promotions or special offers, unless we explicitly state otherwise.

We reserve the right to refuse to accept a promotional code where it is not used in accordance with these terms or the terms of the promotional code itself.

We reserve the right to terminate the validity of a promotional code at any time.

1. Your liability to us

You will pay to us on demand all, costs, claims, losses, damages, liabilities, or expenses (including fines, penalties and reasonable legal costs) which we or any of our contractors or agents suffer or incur as a result of:

• any breach by you of these terms; or
• the performance of the Services in respect of Your Parcel, including any damage caused to our property or the property of any other person by Your Parcel or the items in Your Parcel.

If you send a Prohibited item (where you have not met our specified conditions of carriage):

• we may hold you liable for any costs or damages incurred by us;
• we may not cover you for any loss of, or damage to, Your Parcel;
• you may be subject to penalties under the Civil Aviation Act 1990 and other legislation.

1. Limitations and exclusions of our liability

Limitation of liability

Subject to the Consumer Guarantees Act 1993, our liability to you in respect of loss of or damage to Your Parcel and the contents of Your Parcel is limited

in respect of each parcel to the lesser of:

• the declared value of the item or the value as determined by us; or

• the cost of repairing the damage; or
• $2,000.00,

together with a refund of the postage paid.

If we are liable to pay an amount to you in respect of loss or damage to Your Parcel or the contents of Your Parcel, we will also refund any GST paid to us by you on the value of Your Parcel or the contents of Your Parcel, together with any GST paid on the Charges.

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If your Parcel is delivered and only some of the contents of Your Parcel are damaged, we will refund you the GST paid to us by you on the value of the damaged contents. Your refund for Charges will be allocated based on the percentage of the weight of Your Parcel made up by the damaged contents. We will refund you GST paid on the Charges in proportion to the Charges that are refunded.

If you elect to have damaged contents repaired, instead of returned, we will refund you GST paid to us by you on Charges as set out above and we will compensate you for the cost of repair. We will not refund any GST paid to us by you on the value of the damaged contents.

The amount of cover available to you if your item is lost or damaged in transit (if any) will depend on whether your actions contributed to the item going missing or being damaged and whether you mitigated your loss. We have no liability to you for any indirect or consequential loss, damage or cost, however it arises.

If:

• your Parcel is delivered but an Item is faulty (and we are not liable for that fault); or
• your Parcel is delivered but you decide to return the Items to the Merchant,

we will refund you GST paid to us by you on the faulty or unwanted Items only on production of proof of return or acknowledgement of fault from the Merchant. We will not refund you any GST paid on You Shop Services.

You acknowledge that all claims for compensation must comply with our terms and that our delivery times are targets only.

Please note that no cover will be available if:

• you send a Prohibited item;
• you are a business and your loss is indirect or consequential;

• you cannot prove the sending of an item or its loss or damage;
• the loss or damage is the result of an event beyond our reasonable control;
• the item is seized or confiscated by Customs or any other government agency or border control authority, regardless of whether it is a Prohibited item or not; or
• the loss or damage occurred before delivery to our Warehouse or after Delivery.

It is important that you understand that these limits are subject to the dependencies listed above – if your item is lost or damaged in transit, you do not automatically have access to the cover limit for the service you purchased.

Claims for compensation

Any claim by you for loss of, or damage to, Your Parcel must be made in writing and received by us within 21 days after Your Parcel:

• is Delivered to you; or
• in the case of non-delivery, was estimated for Delivery.

You must comply with the procedures, and provide us with the information, on our  Missing Parcel form for making a compensation claim.

Exclusions of liability

You acknowledge and agree that, subject to the Consumer Guarantees Act 1993:

We have no liability to you for any loss of, or damage to, Your Parcel where such loss or damage results from:

• the nature of, or any defect in, the items in Your Parcel. We do not warrant that the Services will be suitable for any particular goods or that Your Parcel will be stored, handled or Shipped separately from any other goods;

• inadequate or insecure packing, labelling (including illegible tracking numbers) or addressing of Your Parcel;
• failure by any party to make an accurate declaration for the purpose of customs, regulatory or delivery purposes;
• any failure by you to comply with these terms;
• any act or omission of any Regulatory Authority;
• any Force Majeure Event; or

• anything which happens after Delivery.

We shall have no liability whatsoever for:

• claims made after the 21 day compensation period or if you do not provide the claim details we ask for;
• loss or erasure of any electronic information or data on any items in Your Parcel; or
• any Prohibited Items or items which are otherwise prohibited under these terms.

You acknowledge that any information provided to us by you regarding the contents of Your Parcel is generally descriptive only and does not constitute notice to us of the specific contents of Your Parcel.

This exclusion of liability applies regardless of whether a claim you may have is in contract, tort (including for negligence) or under legislation.

You agree that, where you use the Services for the purpose of your business, the provisions of the Consumer Guarantee Act 1993 do not apply to the provisions of those Services to you.

1. Privacy

Privacy Statement

The privacy statement on our website terms and conditions applies to your access to and use of the You Shop website and the Services.

With whom and for what purposes do we share personal information?

To operate You Shop, we share personal information with some trusted providers including providers of data analysis in connection with You Shop marketing campaigns.

We may share your personal information with a provider of You Shop related services that is located in a country other than New Zealand, where we have made a business decision to use a trusted overseas based service provider that is in the business of providing data storage and/or data processing services (for example, the service provider that hosts our You Shop email marketing platform).

We ensure that any time we share personal information with You Shop service providers we do so securely and we take steps to ensure that all our service providers with whom we share personal information agree to protect the privacy and security of your personal information, destroy that data when it is no longer needed for the purposes for which it was supplied to them, and use that data only for the purposes for which it is disclosed.

Merchant offers and promotions

If you agree, we may provide you with offers and promotions by Merchants that we think might be of interest to you. We will not provide your personal information to Merchants for the purposes of providing these offers and promotions.

1. IP

We own all copyright and other intellectual property rights in:

• You Shop and the You Shop website and all content and functionality on or accessible from the You Shop website; and

• all data generated through the You Shop website including through your use of the Services and the You Shop website.

“You Shop” is a trademark of New Zealand Post Limited.

You agree that you will not do anything that is inconsistent with or adversely affects our intellectual property rights.

1. Shopping Directory – Third Party information

We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party or in connection with your use of or reliance on any content, information or services available on or through any such independent third party websites.

We are not the agent of any third parties. We have no involvement or responsibility in any dealing or transaction that arises between you and any organisations, institutions or providers referred to on You Shop. You must deal with that organisation directly to complete any transactions or to resolve any issues arising from them.

1. Termination or suspension

We may terminate or suspend your You Shop account

We may terminate these terms and/or suspend or revoke your You Shop account and your access to and use of the You Shop website and any Services at any time by giving you at least 14 days’ written notice, or immediately by giving written notice if:

• you breach these terms, including providing false information for a Customs declaration;

• we believe that you are using the You Shop website for, or to facilitate, any illegal or inappropriate act or activity;
• you disclose your Registration Details to any other person;
• you allow another person to use your Registration Details;
• you use another person’s Registration Details; or
• you have not paid us any Charges notified to you and fail to remedy such non-payment within 14 days of receiving a notice from us requiring those Charges to be paid.

 We may terminate or suspend the You Shop website

We may in our sole discretion, at any time and without notice to you, terminate or suspend access to or use of the You Shop website or any functionality or Services accessible from the You Shop website if we consider it necessary to do so, including:

• to prevent fraud or other illegal or inappropriate act or activity;
• for system upgrades or maintenance; or
• in connection with any requirement of law or any Regulatory Authority.

Consequences of termination or suspension

Termination or suspension of these terms and your access to and use of the You Shop website and any Services does not release you or us of any rights or obligations that accrued prior to termination, including but not limited to your obligation to pay us Charges.

If, at the date of termination or suspension, any of Your Parcels received at our Warehouse have not been Delivered to you, these terms will continue to apply to such parcels until they are Delivered to you, except that if you have not paid all applicable Charges within 7 days of termination or suspension we may destroy or dispose of such parcels as we see fit without any further requirement to give notice to you of our intended actions and may not cover you for any loss of, or damage to, Your Parcels.

1. Notices

Notices to you

Any notice or communication from us to you will be deemed to have been received by you if it is sent to the email address you provide to us through the You Shop website for the purposes of using the Services.

Notices to us

If you need to contact us please submit a request for assistance and a representative will reply as soon as possible.

1. Assignment and subcontracting

We may subcontract, assign or transfer any of our rights and obligations under these terms as we see fit. You may not subcontract, assign or transfer any of your rights or obligations under these terms.

1. Contracts privity

Your obligations under these terms are for the benefit of us and our agents and contractors and may be enforced by both us and them.

1. Severability

If any part of these terms are held to be invalid, unenforceable or illegal for any reason, then that part shall be severed or amended to the minimum extent necessary for the balance of these terms to continue in full force and effect.

1. Governing law

You agree with us that these terms will be interpreted in accordance with the laws of New Zealand.

You agree with us to submit to the exclusive jurisdiction of the courts of New Zealand in relation to any matter, dispute or difference arising between you and us in relation to these terms and the Services.

1. Definitions

When used in these terms, unless the context otherwise requires:

“Additional Fees:” Fees charged by You Shop for any additional services requested by you or required to be performed by us due to your failure to comply with these terms.

“Change Delivery Details” means changing the name or address contained in the Delivery Address label to another name or address within New Zealand.

“Charges” means the charges or fees for the Services as described on the You Shop website and as notified to you in respect of Your Parcel, and includes:

• a different rate for Repacked Parcels or Consolidated Parcels;
• any charges for return, redirect, or disposal for Your Parcel;

• any GST, taxes, duties, customs clearance and other charges payable in respect of Your Parcel; and
• any other costs and expenses described in these terms.

“Consignment” Customs will generally consider a consignment to be a one or more packages sent together to the same addressee. Customs may also consider a consignment to include “multiple consignments” which arrive in New Zealand at the same time and are addressed to the same addressee.

“Consignment Value” The combined Item Value of all items contained in a consignment, as assessed by Customs.

“Consolidated Parcel” means a parcel sent using You Shop’s consolidation service as described in these terms. A Consolidated Parcel will be considered as a Consignment by Customs.

“Deliver” means:

• if you have chosen a non-signature required delivery option, delivery of Your Parcel to the relevant Delivery Address or, if we are unable to deliver Your Parcel, when Your Parcel is picked up from the designated Missed My Parcel collection location; or
• if you have chosen a signature required delivery option and we have not been given authority to leave items at the Delivery Address without collecting a signature, collection of a signature (which need not be the signature of the addressee) for Your Parcel either at the Delivery Address or, if we are unable to deliver Your Parcel, at the designated Missed My Parcel collection location when Your Parcel is picked up from that place; or
• if you have chosen a signature required delivery option and we have been given authority for the delivery agent to sign for and leave parcels at the Delivery Address without collection of a signature, when Your Parcel is left at the Delivery Address in accordance with the authority to leave.

“Delivery Address” means the name and address in New Zealand specified by you through the You Shop website, as changed in accordance with these terms.

“Dollars” or “$” means New Zealand currency.

“Force Majeure Event” means any event or circumstance beyond our control, including acts of God, action or inaction of any Regulatory Authority, civil disturbance or riots, emergency conditions, labour disputes, global logistics or operational disruptions, pandemic, statutory constraint, wars, strikes, fires or other catastrophes, theft, equipment failure and acts of terrorism.

“GST” has the meaning contained in the Goods and Services Tax Act 1985;

“HVG” means High Value Good, that is, a physical good with a customs value (as defined by the Customs and Excise Act 2018) greater than $1,000.

“Item” means Low Value Goods (LVG) or High Value Goods (HVG) purchased via You Shop.

“Item Description” means an accurate description of an Item.

“Item Value” means the value of supply of an item sent via You Shop (which is equal to the amount of consideration paid by the recipient to the Merchant). This consideration may include amounts and/or costs for insurance, local shipping and delivery, and local/domestic taxes.

“LVG” means Low Value Good, that is, a physical good with a customs value (as defined by the Customs and Excise Act 2018) of $1,000 or less.

“Merchant” means a person, organisation or entity in the United States or the United Kingdom with whom you are able to transact with for the purchase and shipment of Items to your You Shop Address.

“Prohibited Items” means:

• items which are inadequately or insecurely packaged for storage, handling or carriage;
• items which are opened or damaged when received at the Warehouse;
• food or perishable items;
• items which are illegal or prohibited by law or any Regulatory Authority, whether in the USA or the UK (as applicable) or in New Zealand;
• items which are prohibited from export by law or any Regulatory Authority whether in the USA or the UK (as applicable);

• items which are prohibited from import by law or any Regulatory Authority into New Zealand;
• letters, magazines, catalogues, circulars and other promotional material;
• any goods or materials classified as hazardous material, dangerous goods, or prohibited or restricted articles by IATA and ICAO, including under the IATA Dangerous Goods Regulations, as amended or updated from time to time; and
• any other items listed in the New Zealand Post Postal Users’ Guide (as amended or updated from time to time) as prohibited items, high risk items or restricted items or mentioned on our You Shop website as being unable to be sent via You Shop.

“Oversize” means a parcel that is larger than the standard weight or dimensions allowed to be sent by Air in our You Shop service, as set out on the You Shop website at any time.

“Regulatory Authority” means any department of state, central, local, federal, state or territorial governmental or semi-governmental authority or agency (including any military authority), or other statutory or regulatory authority or agency, judicial entity or industry regulator having jurisdiction or authority to perform or exercise functions or powers and includes:

• the New Zealand Customs Service;
• the Ministry of Primary Industries;
• any government agency in New Zealand on whose behalf the New Zealand Customs Service or the Ministry of Primary Industries acts; and
• the equivalent of the New Zealand Customs Service and the Ministry of Primary Industries in other countries.

“Repack” means the service of repackaging one of Your Parcels, usually in a smaller container to reduce volumetric weight.

“Services” means the services as described on and the content and functionality on or accessible from the You Shop website, including but not limited to the receipt, Repacking, Consolidating, processing, storing, freighting, Change Delivery Details and delivery of Your Parcels and all other activities and services undertaken by or on behalf of us in respect of Your Parcels and your access and use of the You Shop website.

“Service Value” means the value of supply of any selected or applicable You Shop services provided in respect of an Item (which is equal to the amount of consideration paid for the applicable You Shop services by you).

“Ship” means the shipment of Your Parcel from the relevant Warehouse to your Delivery Address.

“Tariff Classification” is a mandatory task that New Zealand Customs requires customs brokers to complete in respect of any Tariff Consignment.

“Tariff Classification Fee” is a fee charged by us for services we provide in respect of a Tariff Consignment.

“Tariff Consignments” means any Consignment with a value over $400 and up to and including $1000.

“Warehouses” means the facility or facilities in the USA and the UK chosen by us from time to time at our sole discretion as the location or locations at which we will receive, process and store Your Parcels and “Warehouse” means one of those facilities.

“Your Parcel” means any parcel which is not a Prohibited Item, addressed to you, which you have arranged with a Merchant to be sent to your You Shop address.

“You Shop Addresses” means the unique addresses at the Warehouses allocated to you by You Shop, as may be amended by us from time to time by giving you notice of any changes to that address, and “You Shop Address” means one of those addresses.

“You Shop website” means the website www.nzpost.co.nz/You Shop.

Last updated: 1 Sep 2022

Source: https://antiquewolrd.com
Categories: Stamps