Terms and Conditions – palegoldenrod-marten-283360.hostingersite.com

These Terms and Conditions (“Terms”) set out the agreement between Charisma Copy & Print Ltd trading as Charisma Copy & Print (“we”, “us”, “our”, “the Company”) and any person, business, or organisation that requests a quote from, places an order with, or otherwise purchases printing or related services from us (“you”, “your”, “the Customer”). By placing an order, submitting artwork, accepting a quotation, or using our website at www.charismaprint.co.nz (the “Website”), you agree to be bound by these Terms.

We are a commercial printing business operating in New Zealand, providing digital printing, offset (litho) printing, large format printing, and related design, finishing and delivery services. These Terms apply to all quotations, orders, and contracts for the supply of goods and services by us, whether made in person, by phone, by email, or through the Website, and take precedence over any terms proposed by you, unless we agree otherwise in writing.

Definitions and Interpretation

“Artwork” means any design file, image, text, layout, or other material supplied by you, or prepared by us on your behalf, for the purpose of producing the Goods.
“Goods” means any printed material, signage, or other product produced by us, and “Services” means any design, prepress, printing, finishing, delivery, or related service we provide.
“Order” means a request for Goods or Services accepted by us in accordance with the Quotes, Orders and Contract Formation section below.
“Proof” means a digital or physical representation of the final Artwork provided to you for review prior to production.
“Consumer” has the meaning given in the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Where you acquire Goods or Services for the purposes of a trade or business, you are not a Consumer for the purposes of those Acts, and the Consumer Guarantees Act and Fair Trading Act section below applies.
A reference to “writing” includes email and other electronic communication capable of being retained and printed.

Application of These Terms

These Terms apply to every Order and, together with any written quotation, invoice, or specification we issue, form the entire agreement between us and you for that Order.
We may update these Terms from time to time. The Terms in force at the time you place an Order will apply to that Order. The current version is always available on the Website.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Nothing in these Terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded, restricted, or modified, including rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 where those Acts apply.

Our Services

We offer a range of commercial printing and related services, which may include:

Digital printing, including short-run and variable-data printing;
Offset (litho) printing for medium and large print runs;
Large format printing, including banners, signage, vehicle graphics, and exhibition display material;
Prepress, design, and artwork preparation services;
Finishing services such as cutting, folding, binding, laminating, and packaging; and
Delivery, courier, and freight coordination for completed Goods.
Product images, colour samples, and descriptions on the Website or in promotional material are indicative only. Due to differences in screen calibration, printing hardware, ink batches, and paper stock, actual printed output may vary from on-screen or sample representations, as described further under Artwork, File Requirements and Print-Readiness below.
We reserve the right to update, discontinue, or vary the Services or Goods we offer, and any specifications published on the Website, at any time without notice.

Quotes, Orders and Contract Formation

Any quotation provided by us is valid for 30 days from the date of issue, unless otherwise stated, and does not constitute a binding offer to supply.
An Order is submitted by you when you accept a quotation, complete a purchase through the Website, or otherwise instruct us in writing to proceed. Submission of an Order is an offer by you to purchase Goods or Services on these Terms.
No Order is binding on us until we accept it. We may accept an Order by written confirmation, by issuing an invoice, or by commencing production. We may decline or cancel any Order, including after acceptance, where the Goods or materials are unavailable, where there is an error in pricing or specification, where payment is not received, or for any other reasonable commercial reason, and in such cases any payment already made will be refunded in full.
We reserve the right to adjust a quoted price to reflect any change in the cost of materials, freight, duties, or taxes, or any change in your specifications, occurring between the date of the quotation and completion of the Order, and will notify you of any such adjustment before proceeding.
Any change to the quantity, specification, or scope of an Order must be requested in writing before production commences. An increase in quantity may be treated as a separate Order unless we agree otherwise.

Artwork, File Requirements and Print-Readiness

You are responsible for ensuring that all Artwork, designs, and files you supply are complete, correct, and print-ready, including correct dimensions, resolution, colour mode, and bleed. We recommend files be supplied as high-resolution, print-ready PDFs.
We do not routinely proofread, edit, or review the content of customer-supplied Artwork for spelling, grammar, layout, or accuracy, and are not liable for errors contained in Artwork you have approved.
Where a file is corrupted, incorrectly formatted, password-protected, or otherwise unable to be processed by our production systems, we will contact you to request a replacement file before production proceeds. We are not liable for any delay resulting from a defective file, and freight costs associated with any reprint arising from a file defect will be your responsibility.
Colour reproduction can vary between digital and offset printing processes, between different printing hardware, and according to the paper or substrate used. We do not guarantee an exact colour match to a screen display, a previous print run, or a sample, and colour variation of this kind does not constitute a defect in the Goods.
“GSM” (grams per square metre) refers to paper weight and is provided as a general guide to stock weight and quality; minor variation between supplied batches of the same stock may occur due to factors outside our control.

Proofs and Approval

Unless you request otherwise in writing at the time of ordering, we will provide a digital Proof for your review before production begins. Verbal approval of a Proof is not sufficient; written confirmation (including by email) is required before we commence printing.
You are responsible for checking the Proof carefully, including spelling, layout, dimensions, contact details, and colour breakdown. Once you approve a Proof, responsibility for its accuracy passes to you, and we will not be liable for errors that were present in, and could reasonably have been identified from, the approved Proof.
Where a Proof is viewed on screen, actual printed colour and scale may differ from the on-screen representation for the reasons set out under Artwork, File Requirements and Print-Readiness above.

Pricing and GST

All prices quoted by us are in New Zealand dollars. Unless expressly stated otherwise, prices are exclusive of Goods and Services Tax (GST), which will be added at the rate prevailing under the Goods and Services Tax Act 1985 and shown separately on our invoices.
Prices may vary depending on specification, quantity, paper stock, finishing options, and delivery location, and may be subject to change without notice, except in respect of an Order we have already accepted, which will be honoured at the price confirmed at acceptance, subject to the price-variation right described under Quotes, Orders and Contract Formation above.
Where design or artwork services are quoted separately from printing, the applicable design fees will be set out in the quotation or order confirmation.

Payment Terms

Unless you hold a credit account with us on agreed terms, payment in full is required before production commences or before dispatch of Goods, as specified at the time of ordering.
Where a credit account has been approved, payment is due within the period stated on your invoice, which will not exceed seven days from the date of dispatch unless agreed otherwise in writing.
We accept payment by the methods indicated on the Website or invoice, which may include credit card, direct credit, or account facilities. We do not store full credit card details, and all online payments are processed through a secure, encrypted third-party payment gateway.
If an account remains unpaid 14 days after the due date, we may withhold delivery of any outstanding Goods, charge interest on the overdue amount at a reasonable commercial rate, and recover any reasonable costs (including debt collection or legal costs) incurred in recovering payment, in addition to any other rights available to us.
Ownership of the Goods remains with us until payment has been received in full, notwithstanding that risk in the Goods may have passed to you under Risk and Title in Goods below. Until payment is received in full, you must store any unpaid Goods separately and identifiable as our property, and we may enter your premises to recover such Goods on reasonable notice.

Delivery, Shipping and Turnaround Times

Estimated turnaround and delivery times are provided in good faith based on standard production schedules and are not guaranteed. Turnaround times commence once Artwork has been approved and, where applicable, payment has been received.
Delivery may be by courier, freight carrier, or collection from our premises, as agreed at the time of ordering. Delivery charges will be calculated based on destination, weight, and urgency, and quoted separately or included in your invoice.
While we take reasonable care to meet estimated delivery dates, we are not liable for any loss arising from delay in delivery caused by circumstances outside our reasonable control, including carrier delays, provided we have taken reasonable steps to fulfil the Order.
You must inspect Goods on delivery. Any claim for goods damaged, lost, or short-delivered in transit must be notified to us in writing within 5 working days of delivery (or, for non-delivery, within 5 working days of the invoice date), failing which the Goods will be deemed to have been delivered in good condition and in the correct quantity.

Risk and Title in Goods

Risk in the Goods passes to you on delivery, or on collection where you or your nominated carrier collects the Goods from our premises.
Title (ownership) in the Goods does not pass to you until we have received payment in full, notwithstanding that risk has passed as described above.

Quantity Tolerances

Due to the nature of commercial print production, we may deliver a quantity of Goods that varies by up to 5% above or below the quantity ordered. Where this occurs, you will be invoiced or credited on a pro-rata basis for the quantity actually delivered, and this variation does not constitute short delivery or a defect.

Cancellations

You may cancel an Order by written notice to us at any time before production has commenced, in which case any payment received will be refunded in full, less any reasonable costs already incurred (such as design work completed or materials purchased specifically for your Order).
Once production has commenced, an Order cannot be cancelled, and no refund will be given, except as required by the Consumer Guarantees Act 1993 where that Act applies to your purchase.
Where an Order is cancelled after work has commenced but before completion, we will invoice you for costs reasonably incurred up to the date of cancellation, which will be deducted from any refund due, or separately invoiced if no payment has yet been made.

Returns, Refunds and Reprints

If Goods are defective due to an error on our part (for example, a production or print error not attributable to Artwork you supplied or approved), we will, at our option, reprint the Goods at no additional cost or provide a refund or credit for the affected items.
To assess a claim under this clause, we may require the disputed Goods to be returned to us. If the Goods are not made available for inspection when reasonably requested, we may reasonably treat the Goods as having been accepted.
We are not liable to provide a refund, reprint, or credit for errors that arise from Artwork or specifications supplied or approved by you, including errors that were present in an approved Proof (see the Artwork, File Requirements and Print-Readiness, and Proofs and Approval sections above), or where the actual printed quantity falls within the tolerance described under Quantity Tolerances above.
Where a valid refund is approved, we aim to process it within 3 to 5 working days of approval, to your original payment method where practicable.
This section operates alongside, and does not limit, any rights or remedies you have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 where those Acts apply to your purchase (see the Consumer Guarantees Act and Fair Trading Act section below).

Intellectual Property and Copyright

You warrant that you own, or have obtained all necessary rights, licences, and consents to use and reproduce, any Artwork, images, text, trade marks, or other material you supply to us for printing, and that its reproduction will not infringe the intellectual property or other rights of any third party.
You agree to indemnify us against any claim, loss, cost, or liability we suffer as a result of a breach of the warranty set out above. Our production processes are largely automated, and we do not routinely review customer-supplied Artwork for copyright compliance; responsibility for obtaining any necessary permissions rests with you.
Unless otherwise agreed in writing, copyright and all other intellectual property rights in any design, artwork, or creative material that we originate for you remain our property. We grant you a licence to use that material for the purpose for which it was created, conditional on your Order being paid in full. We will not reproduce or supply that material to a competitor of yours without your consent, for as long as you are not in default of payment to us.
Preliminary design concepts, working files, and unused artwork variations remain our property and are not supplied to you unless separately agreed and paid for.

Liability and Indemnity

To the maximum extent permitted by law, and subject to the Consumer Guarantees Act and Fair Trading Act section below, our total liability to you arising out of or in connection with an Order, whether in contract, tort (including negligence), or otherwise, is limited to the price paid by you for the Goods or Services giving rise to the claim.
We are not liable for any indirect, consequential, or special loss or damage, including loss of profits, loss of business, or loss of opportunity, arising from or in connection with the supply of Goods or Services, except where such liability cannot lawfully be excluded.
Nothing in this section limits or excludes liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be excluded or limited.
You agree to indemnify us against any claim, liability, loss, or expense arising from your breach of these Terms, your misuse of the Website, or your provision of inaccurate, unlawful, or infringing Artwork or instructions, except to the extent caused by our negligence or default.

Consumer Guarantees Act and Fair Trading Act

Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy that you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded, restricted, or modified.
Where you acquire Goods or Services from us for the purposes of a business, in trade, or for on-supply or resale, you agree, to the extent permitted by section 43 of the Consumer Guarantees Act 1993, that the guarantees in that Act do not apply, and that the Returns, Refunds and Reprints and Liability and Indemnity sections of these Terms set out your remedies instead.
Where you are a Consumer within the meaning of those Acts, we will not make any false or misleading representation about our Goods or Services, and you retain all rights available to you under the Fair Trading Act 1986 in addition to your rights under these Terms.

Force Majeure

We are not liable for any failure or delay in performing our obligations where that failure or delay arises from circumstances beyond our reasonable control, including natural disaster, fire, industrial action, supply chain disruption, courier or freight delay, or restriction imposed by government or health authority. Where such circumstances continue for a prolonged period, we may cancel the affected Order, in whole or in part, by written notice, and will refund any amount paid for goods or services not yet supplied.

Privacy

We collect and use personal information you provide in order to process and deliver your Order, manage your account, and communicate with you, in accordance with the Privacy Act 2020 and our Privacy Policy, available on the Website.
We take reasonable technical and organisational steps to protect the personal and payment information you provide from unauthorised access, loss, or disclosure, and do not sell your personal information to third parties.

Complaints and Dispute Resolution

If you have a complaint about your Order, please contact us in writing as soon as reasonably possible, and in any event within the timeframes set out under Delivery, Shipping and Turnaround Times and Returns, Refunds and Reprints above, so that we can investigate and respond promptly.
If a dispute cannot be resolved through direct discussion, either party may refer the matter to mediation before commencing court proceedings, and the parties will share the cost of the mediator equally unless otherwise agreed. This clause does not prevent either party from seeking urgent interim relief from a court where reasonably necessary.
Where you are a Consumer, you may also be entitled to raise a complaint with the Disputes Tribunal of New Zealand or another relevant regulatory body, in addition to the process described above.

Governing Law and Jurisdiction

These Terms, and any Order made under them, are governed by, and are to be interpreted in accordance with, the laws of New Zealand.
You and we submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute arising out of or in connection with these Terms.

General

We may suspend or terminate your access to the Website or your account, and decline to process any pending Order, if we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful conduct, or provided false information, without prejudice to any other rights we may have.
A failure or delay by either party in exercising a right under these Terms does not operate as a waiver of that right.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms, including in connection with a sale or restructure of our business, on reasonable notice to you.
These Terms, together with any accepted quotation or order confirmation, constitute the entire agreement between us in relation to your Order and supersede any prior discussions, representations, or agreements, whether written or oral.

Contact Us

If you have any questions about these Terms, or wish to make a complaint, please contact us:

Website:: www.charismaprint.co.nz
Email:: charismaprint8@gmail.com
Phone:: 09-298 0341
Address:: Shop 11, 98 Great South Road, Papakura, Auckland 2110
Operating Hours:: Monday-Friday 9:30am-4:30pm | Saturday by appointment only | Sunday closed