Terms of service

1. AGREEMENT
1.1 The following terms and conditions (Terms) between you, the customer (you, your)
and & Again Limited (we, us, our) apply to the sale of goods and supply of services
by us to you. In purchasing goods from us or engaging us to provide services, you
agree to be bound by these Terms.
2. DEFINITIONS
2.1 The following terms shall have the following meanings:
Admin Fee means the fee provided for on the Website to compensate our
reasonable costs, including postage and administrative fees, of returning the Unsold
Items to you.
Consigned Goods means goods you supply to us in a Tidy Kit for sale by consignment
on the Website.
Goods means any goods we supply, or agree to supply, to you.
Intellectual Property means all intellectual and industrial property rights and
interests (including common law rights and interests) including, without limitation:
(a) trade marks, applications for trademarks, trade name(s);
(b) know-how, being technical and other information or experience or trade
secrets;
(c) designs, whether or not registered or protected by copyright;
(d) patents and applications for patents;
(e) copyright material; and
(f) other intellectual property.
Payout Structure means the fee structure described on the Website specifying the
percentage of the Price owed to you for the sale of your Consigned Goods.
Price means the price payable for Goods displayed in your online shopping cart at
the time of checkout, for the confirmed final price displayed at the time of checkout
including delivery, if applicable.
Consignment Services means the consignment store services we supply to you,
including but not limited to:
(a) receiving the Consigned Goods;
(b) holding the Consigned Goods on consignment;
(c) listing the Consigned Goods for sale on the Website;
(d) paying the Funds to you in accordance with clause 5.8 (if any); and
any other services we agree to provide you, subject to the Terms.
Tidy Kit means the packaging or bag we provide to you in accordance with clause
5.1 for the purpose of providing the Consignment Services.
Unacceptable Goods means any Consigned Goods which are damaged, show signs
of wear and tear, are not of a nature or kind we state on the Website that we are
accepting, or we otherwise deem unsuitable for sale on the Website in our sole
discretion.
Website means www.andagain.nz.
3. ORDERS, PRICE AND PAYMENT
3.1 Placing Orders: You may place an order to purchase Goods by following the
instructions on the Website and paying the Price using one of the methods available
at checkout on the Website (Order).
3.2 Price: You agree that the Price shall at all times be:
(a) In New Zealand dollars;
(b) Inclusive of GST; and
(c) Inclusive of delivery, as confirmed by you at the time of checkout.
3.3 Payment: You shall pay the Price in advance at the time of checkout, by using the
third party payment provider portal nominated by us at the time of checkout. Your
order for the Goods shall not be confirmed until the Price is received by & Again in
cleared funds, without deduction or setoff.
4. SUPPLY
4.1 Out of stock: If the Goods that you have ordered are not in stock, we will notify you
by email and, if you have already paid the Price, we will refund you the Price.
4.2 Delivery: If you have requested delivery in an Order and paid the Price, we will
arrange delivery of the Goods to your nominated shipping address. Delivery of the
Goods is at your risk.
4.3 Collection: If you do not request delivery, you or your agent shall collect all Goods
from a location nominated by us.
4.4 Returns: Once we receive an order, you cannot cancel the Order unless we provide
our prior written consent. Subject to clause 11.2 , we do not accept cancellation of
an Order solely due to your change of mind. If you notify us that the Goods are the
incorrect size, you may exchange the Goods or receive store credit provided you
return the Goods to us within 14 working days of receiving the Goods. You must use
track and trace methods for shipping and shall be responsible for meeting all
shipping costs relating to an exchange or return under this clause. We take no
responsibility for Goods lost in transit.
4.5 Price: Despite our best efforts, it may be possible that a small number of Goods may
be incorrectly priced on the Website. If we have made a mistake and a Goods’
correct price is higher than the price on the Website, we may either contact you
before shipping to request whether you want to buy the Goods at the correct price
or cancel the Order. If a Goods’ correct price is lower than the stated price on the
Website, we will charge the lower amount and send you the Goods, or where the
higher incorrect price has been charged, we will refund the price difference and
send you the Goods.
4.6 Gift vouchers: Gift vouchers are valid for 12 months from the date of purchase, or as
otherwise agreed in writing by us. Gift vouchers will not be refunded.
5. CONSIGNMENT SERVICES
5.1 Tidy Kit: You may request a Tidy Kit through the Website. On receipt of a request
and subject to availability, we may send a Tidy Kit to you.

5.2 Accepted Goods: You must only place items acceptable to us (Acceptable Goods)
into the Tidy Kit and shall not place items into the Tidy Kit that are Unacceptable
Goods.
5.3 Return of Tidy Kit: You shall return the Tidy Kit to us via courier using the prepaid
courier label provided. If you supply any Unacceptable Goods, we may discard or
donate the Unacceptable Goods in our sole discretion. We shall inspect the
Consigned Goods upon receipt to determine which items we accept and which are
Unacceptable Goods.
5.4 Appointment: You appoint us to sell the Consigned Goods by consignment on your
behalf.
5.5 Price: We may set our own pricing for the Consigned Goods, in our sole discretion.
5.6 Sale: Subject to the Terms, we shall use reasonable endeavours to sell the
Acceptable Goods via the Website.
5.7 Sale Period: We will list the Acceptable Goods on the Website for 60 days, or other
period of time we determine (Sale Period). At the end of the Sale Period, we will
notify you:
(a) the amount of funds owed to you from Consigned Goods sold via the
Website calculated in accordance with the Payout Structure (Funds); and
(b) a list of any Consigned Goods that remain unsold (Unsold Items).
5.8 Options: Upon being notified under clause 5.7 , you must inform us whether you
wish:
(a) the Funds to be paid into your nominated bank account at the end of the
month, held as store credit to purchase Goods from the Website, or donated
to a charity; and
(b) the Unsold Items to be returned to you subject to the Admin Fee, or remain
with us to be donated or repurposed at our discretion.
5.9 Failure to notify: If you fail to notify us under clause 5.8 within three months of
being notified under clause 5.7 , then we may:
(c) pay the Funds into you nominated bank account or, if we do not have your
nominated bank account, then hold the Funds as store credit; and
(d) retain the Unsold Items to be used at our discretion.
5.10 Store Credit: Store credit shall be valid for 12 months, or as otherwise agreed by us
in writing.
5.11 Misuse: If you misuse the Services in any way, including without limitation failing to
return the Tidy Kit to us, providing an insufficient number of Consigned Goods or an
excessive amount of Unacceptable Goods in the Tidy Kit, then we may charge you a
fee to compensate our costs resulting from your misuse, including delivery costs or
costs for replacement Tidy Kits (if applicable), which we may deduct from the
amount owed to you under clause 5.7 .
6. RISK AND OWNERSHIP
6.1 Risk in Consigned Goods: We will take responsibility for the Consigned Goods on
receipt and will carry the full risk of liability. Our risk in the Consigned Goods will
continue until:
(a) for Consigned Goods sold, the point of dispatch described in clause 6.2 ; or
(b) for Unsold Items you wish to be returned to you in accordance with clause
5.8 , the point of dispatch by us to the courier returning the Unsold Items to
you.
6.2 Risk in Goods: Risk in the Goods will transfer to you on collection, or where we are
to arrange delivery, at the point of dispatch by us to the courier. You shall be
responsible for insuring the Goods from the point that risk transfers to you.
6.3 Title: Title in the Goods shall not transfer to you until we receive the Price in full.
6.4 Title in Unsold Items: Title in Unsold Items will transfer to us:
(a) on you giving us notice in accordance with clause 5.8 that you do not want
us to return the Unsold Items to you; or
(b) if you fail to notify us whether you want the Unsold Items returned to you
within the period specified in clause 5.9 , on expiry of that period.
7. CONFIDENTIAL INFORMATION
7.1 Confidentiality: All Intellectual Property and other information belonging to the
parties (including but not limited to these Terms) which by designation or by its
nature is intended to be treated as confidential will be confidential information for
the purposes of these Terms (Confidential Information).
7.2 Disclosure: No party will without the prior written consent of the other party
disclose any Confidential Information to any third party, except as required pursuant
to law or a Court of competent jurisdiction.
8. INTELLECTUAL PROPERTY
8.1 Ownership: You agree that we and our licensors, retain ownership of all of our
Intellectual Property rights existing at the date of these Terms, and all Intellectual
Property rights created, produced or discovered in the course of performing the
Consignment Services.
8.2 Restrictions: You shall not, except to the extent agreed by us in writing:
(a) distribute, copy, modify or otherwise alter, the Tidy Kit;
(b) tamper with or remove any markings, trade marks, patent numbers,
registration numbers or other indication of the source of origin of any goods
or descriptions required by law which are placed by us, or our suppliers or
licensors, on the Tidy Kit;
(c) claim any rights, title or interests in or to any of our, or our licensors,
Intellectual Property rights; or
(d) challenge, damage or otherwise endanger our, or any of our suppliers or
licensors’, Intellectual Property rights.
9. INDEMNITY
9.1 Subject to clause 11.2 , you shall indemnify us against all liabilities, costs (including
full costs between solicitor and client), losses, claims, expenses or demands incurred

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by us or any third party arising out of or incidental to your non-compliance with
these Terms, and from any third party claims arising out of or incidental to the
supply or use of the Goods and/or Consignment Services.
10. LIMITATION OF LIABILITY
10.1 Restricted liability: Subject to clause 11.2 , we will not be liable whatsoever to you
for any indirect loss, consequential loss, loss of profit, loss of bargain, loss of
business opportunity or exemplary damages suffered by us or any other person,
flowing from any pre-contractual misrepresentation, forecast or breach of these
Terms, whether contemplated by the Terms or not, and whether actionable in
contract, tort (including negligence), equity or otherwise.
10.2 Maximum liability cap: In the event that we are found liable for any loss, including
without limitation loss set out in the preceding clause 10.1 , such liability will be
limited to the applicable part of the Price, and is inclusive of all claims made against
us arising from the same event or series of related or connected events.
11. EXCLUSION OF LEGISLATION
11.1 Consumer Law exclusion: Notwithstanding anything else in the Terms, if you acquire
the Goods and/or Consignment Services for a business purpose you agree that the
provisions of the Consumer Guarantees Act 1993 (CGA) do not apply.
11.2 Application: Where the CGA applies, if the Goods or Consignment Services do not
meet a consumer guarantee, we will meet our obligations under the CGA to provide
a remedy in accordance with the CGA, provided you can show proof of purchase.
11.3 Fair Trading and Sale of Goods: To the extent permissible under law, the parties
agree that the Fair Trading Act 1986 sections 9, 12A, 13 and 14(1) do not apply to
the Terms and that the Sale of Goods provisions in the Contract and Commercial
Law Act 2017, or any successor legislation, do not apply to the Terms.
12. WARRANTIES
12.1 Third party warranty: We will use our reasonable endeavours to pass on the benefit
of any warranty provided by a third party manufacturer of the Goods to you, if
applicable. For the avoidance of doubt, we do not to the extent permitted by law
and subject to clause 11.2 , give any warranties in addition to those provided by the
original manufacturer (if any). We will provide reasonable assistance where you
wish to make a claim against a manufacturer warranty.
12.2 Second hand Goods: If the Goods are second hand, then you acknowledge that any
manufacturer warranty may not apply.
12.3 Use of Goods: We do not give any warranty, representation, guarantee or condition
of sale, that any specific results, outcomes or performance can be achieved or
expected from use of the Goods and/or Consignment Services.
12.4 As is: Except for the warranties contained in clause  11.2 and 12.1 , to the extent
permitted by law, the Goods are provided “as is”, without any other guarantees,
warranties, conditions or representations (whether express, implied by law, trade
custom or otherwise) including without limitation in relation to quality of any
Goods, merchantability, suitability for purpose, ownership, purchase of the Goods
or otherwise.
13. DEFECTS
13.1 In the event that you suspect a breach of any applicable warranty in respect of the
Goods and/or Consignment Services, you shall immediately notify us. Where we are
satisfied (in our sole discretion) that we have breached an applicable warranty, we
may elect to (in our sole discretion), but subject to applicable law:
(a) make good any defect in the Goods and/or Consignment Services (where
possible);
(b) provide a refund to you for the Goods; or
(c) reperform the Consignment Services.
14. WEBSITE
14.1 Disclaimer: Any information contained on the Website is for general information
purposes only, and is not tailored to your specific needs or requirements. we may
update the content of the Website, including without limitation, product availability
or pricing, at any time.
14.2 Third party websites: We do not accept liability for any loss, damage, however
caused (including through negligence) which You may directly or indirectly suffer in
connection with your use of the Website or any linked website, nor do we accept
any liability for any such loss arising out of your use of or reliance on information
contained on or accessed through the Website. We encourage you to review the
applicable terms of use of any linked website.
14.3 Use of Website: You must take your own precautions to ensure that the process
which you employ for accessing the Website does not expose you to the risk of
viruses, malicious computer code or other forms of interference which may damage
your own computer system. We do not warrant that the Website, or any linked site,
is free of viruses, malicious computer code or other interference. We do not accept
responsibility for interference or damage to your computer system which arises in
connection with your use of the Website or any linked site. We do not warrant that
the Website will be always available, free from errors, malfunctions, or other
failures. The Website may be temporarily suspended from time to time for
maintenance.
14.4 Membership: We may permit You to access a members only area of the Website,
(Client Website). In relation to your access to the Client Website, you agree:
(a) not to share your login credentials with any other person;
(b) not to make the Client Website or the materials contained within such Client
Website available to any other person; or
(c) not do, or attempt to do, or allow anything to be attempted or done which
may disable, damage, provide unauthorised access to or otherwise interfere
with the proper functioning of the Website, including the Client Website.

We may exclude You from the Client Website or the Website if you breach these
Terms.
14.5 Security of information: Unfortunately, no data transmission over the internet can
be guaranteed as totally secure. Whilst we will use reasonable endeavours to
protect such information, we do not warrant and cannot ensure the security of any
information which you transmit to us. Accordingly, any information that is
transmitted to us is transmitted at your own risk. Nevertheless, once we receive
your transmission, we will use reasonable endeavours to preserve the security of
such information. We use third parties to undertake financial transactions in relation
to the Website. Accordingly, you may be providing those third parties with your
payment information, via a payment portal. As this is also a data transmission over
the internet, such data transmission is at your own risk, and is in accordance with
the third party’s privacy policy and terms of use.
15. PRIVACY
15.1 You agree that we may collect, use and disclose your personal information for
purposes related to your dealings with us including but not limited to the supply of
the Goods and Consignment Services, direct marketing, social media and provision
of information about the Goods and Consignment Services. You have rights under
the Privacy Act 2020 to access any personal information that we hold and to request
the correction of such personal information. In addition, you consent to us providing
electronic marketing messages to you, unless you opt out by notifying us in writing
or unsubscribing.
16. TERMINATION
16.1 If you are in breach of these Terms, we may, in our sole discretion, without
prejudice to any other rights and remedies, suspend provision of the Goods and/or
Consignment Services, cancel any Order, terminate (in whole or in part) the supply
of Goods and/or Consignment Services, or terminate these Terms.
17. DISPUTE RESOLUTION
17.1 The parties will endeavour to resolve any disputes in relation to these Terms and the
supply of Goods and/or Consignment Services between them cooperatively in the
first instance, prior to seeking resolution through the Courts.
18. MISCELLANEOUS
18.1 Governing Law: Subject to clause 17.1 , these Terms shall be governed by the laws of
New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of
New Zealand.
18.2 Notices: Notices will be sufficiently given if posted or successfully transmitted by
email to the intended recipient at their last known address, which in our case is
hello@andagain.co.nz. You will notify us in writing of any changes to your contact
details.
18.3 Variation: We may vary these Terms at any time, by providing you notice in writing,
or posting the varied terms on the Website. Your continued ordering of Goods
and/or Consignment Services will deem your acceptance of the varied terms. If you
do not accept the varied terms, you may immediately terminate these Terms by
providing us notice in writing and the version of the terms and conditions
immediately previous to the varied terms shall continue to apply to Goods and/or
Consignment Services ordered prior to termination by you.
18.4 Assignment: You shall not assign or otherwise transfer or encumber your rights or
obligations under these Terms except with our prior written consent. We can at any
time assign or otherwise transfer, encumber or subcontract any of our rights and
obligations under these Terms and Conditions to a third party.
18.5 Force majeure: We will not be liable for delay or failure in the performance of any of
the obligations imposed by these Terms, provided that such failure is beyond your
reasonable control.
18.6 Termination: We may terminate these Terms at any time in our sole discretion.
18.7 Waiver: A party will not have waived or be deemed to have waived any provision of
these Terms unless the waiver is in writing and signed by that party.
18.8 Survivorship: Termination of these Terms for any reason will not affect such rights
and obligations of the parties as are intended to survive the termination.
18.9 No relationship: These Terms do not create any relationship of partnership,
employment, agency or joint venture between the parties.
18.10 Circumvent: You shall not circumvent, or attempt to circumvent, these Terms.
18.11 Severability: Should any part or provision of these Terms be held unenforceable or
in conflict with any applicable laws or regulations, the invalid or unenforceable part
or provision will be replaced with a provision which accomplishes, to such extent as
possible, the original business purpose of the part or provision in a valid and
enforceable manner, and the remainder of these Terms will remain binding on the
parties.
18.12 Entire Terms and Conditions: The Terms constitute the sole understanding of the
parties and supersedes all prior understandings, written or oral, which will be of no
further force or effect.