terms & conditions

the customer 

The Customer is the party specified as the buyer at check out 

product supply

We only offer items on the wistle + co website that are in stock. If for any reason items are out of stock at the time of order processing then payments made by the Customer for that item will be refunded within 5 working days or held for future stock. You will be contacted to confirm your preference at the time. 

website information

We make every effort to ensure the information on our website is up to date and correct at the time it is loaded. Sometimes human error happens. Please contact us at hello@wistleandco.nz if any inconsistencies are found. 

cancelling orders

Orders cannot be cancelled after payment has been made. If you process an order in error please contact us at hello@wistleandco.nz and we will sort it. 

consumer guarantees act 1993/ claims

As per the Consumer Guarantees Act of 1993 we will only sell items that: 

  • are of acceptable quality 
  • fit for purpose 
  • match the description given 
  • match any samples or demonstrations given 
  • sold at a reasonable price, if a price wasn’t agreed beforehand 
  • able to be legally sold

If for some reason a fault or defect is noted after the product has been sold and is proven to be related to the original condition then we will repair or rectify as per the Act. If it is related to misuse of the product then the Customer shall be liable for any repairs. 

ownership

Ownership of the goods shall remain with wistle + co until the Customer has made payment in full. Until ownership passes to the Customer, wistle + co may repossess any or all of the goods supplied by entering the Customer’s premises where such goods are reasonably thought to be stored. 

payments

  • We accept Visa and Mastercard Credit and Debit cards, Laybuy, cash and Eftpos payments. 
  • We do not accept cash on delivery – goods must be paid for in full before despatch.
  • For your safety, payments are processed on an independent secure hosted website. 

currency / gst

Prices are in New Zealand dollars and include GST. Your credit card will be billed in NZD. If you are using an international credit card, please check with your credit card provider for exchange rates and applicable fees. GST must be included for all goods delivered in New Zealand. 

 

consignment stock

the consignee

The Consignee is the party specified as the supplier of  stock to be sold on behalf.

product supply

Goods remain the property of the Consignee whilst in wistle + co possession to sell on behalf. The goods will remain in our care for a period of up to 4 months or until sold. 

collection process

We will collect the goods to be sold on behalf of the Consignee and give the Consignee a receipt acknowledging goods taken and their expected sale value. 

Collection costs will be shared accordingly if size/quantity of goods to be sold on consignment is greater than 7cbm. 

consignment goods payment

We accept Visa and Mastercard Credit and Debit cards, Lay-buy, cash and Eftpos payments.  We do not accept cash on delivery – goods must be paid for in full before despatch. For your safety, payments are processed on an independent secure hosted website. 

Once the goods are sold the Consignee will be paid 50% of the sale value into their nominated bank account. This will be done within 7 days of the sale taking place. 

ownership

Ownership of the goods remains with the Consignee until the goods are sold. Once sold, ownership then passes to the customer. No liability for the goods shall be entered into by wistle + co once the items are sold and removed from our showroom. 

change of circumstances

If the Consignee decides at any stage to collect the goods from wistle + co prior to the end of the 4 month period, they will do so at their own cost. If the goods supplied on behalf have not sold within 3 months of being available to sell then the Consignee will be contacted. At this stage the decision can be made to: 

  1. Reduce the price for another month  
  2. Collect the goods from us
  3. Donate the goods to our Big Sister Charity where any funds will go directly to our mentoring programme 

end of consignee contract

At the end of the 4 month contract period for consignment goods the client can either: 

  1. Collect the goods within 7 days, at their own cost 
  2. Donate the goods to our Big Sister Charity where any funds will go directly to our mentoring programme 

non-collection of consignee goods

If the decision is made at the end of contract by the Consignee to collect the goods and this is not done within 14 days then all ownership of such goods will revert to wistle + co. 

consumer guarantees act vs consignment goods

As per the Consumer Guarantees Act of 1993 we agree to only sell items on behalf that follow the same guidelines: 

  • are of acceptable quality 
  • fit for purpose 
  • match the description given 
  • match any samples or demonstrations given 
  • sold at a reasonable price, if a price wasn’t agreed beforehand 
  • able to be legally sold. 

If for some reason a fault or defect is noted after the product has been sold and is proven to be related to the original condition then we will repair or rectify as per the Act. If it is related to misuse of the product then the customer shall be liable for any repairs.

damage to consignment goods

If any damage is made to an item, in our care, that is under consignment then any reduction in price in order to sell the goods shall be at our cost not the Consignee. If wistle + co choose to undertake any repairs then this will be at our cost, not the Consignee. If the goods are deemed irreparable then the Consignee will be paid out the 50% value of the agreed original sell price, within 7 days of the damage. 

If any damage is done to the Consignees home by our collection process then the repair costs are covered under our insurance and liability.

consignee privacy

Under the Second-hand Traders Act we need to keep the following information on record for 3 years: 

  • name  
  • contact address 
  • contact phone 
  • proof of identity 
  • signature 

We will ensure your private and personal information is never released to a third party, however we must follow our legal oblligations. If you do not agree to the requirements imposed by the justice department we will not be able to take your goods for sale on Consignment.