YouShop Terms and Conditions

How do these terms of use work?

These terms of use apply to your access to and use of the YouShop 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).

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

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

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

1. YouShop

YouShop is a service which allocates you:

  • an address in the USA for YouShop USA and/or;
  • an address in the UK for YouShop Europe and/or

(at your option) which you can give to online Merchants in the USA or Europe (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 YouShop Addresses. You can then arrange and pay through the YouShop website for those items to be shipped to your Delivery Address in New Zealand.

2. Registration

Register to access

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

Your registration details are confidential

Your YouShop registration details, including your YouShop ID and YouShop 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 YouShop website and shall be incorporated in and form part of these terms. The term “website”, when used in the website terms and conditions, shall include the YouShop website. If there is any inconsistency between these terms and the website terms and conditions, these terms shall prevail.

3. The Services

Provision of the Services

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

The process

  • We will notify you:
    • when Your Parcels have been processed at our Warehouse and are available for Shipping. Your merchant should provide you with an estimated delivery date. If you haven't received a notification from us withing 3 working days of that date, please use our claim your parcel service;
    • if any of Your Parcels arrive at a Warehouse opened or damaged; of the Charges (including return fees) payable by you in respect of Your Parcels; and
    • that you have the option to Change Delivery Details for Your Parcels.
  • You must accurately declare the Item Value for any Item purchased for shipment via YouShop. 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 YouShop 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 NZP prior to purchase of the YouShop 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 NZP in respect of incorrectly declared values or resulting from your provision of incorrect or false information and/or documentation.
  • 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.
  • You must complete a customs declaration for Your Parcels, provide us with any other information and documentation we require 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 of postage 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.
  • 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. Inland Revenue may also require the offender to pay the amount of GST that should have been paid.
  • If you and Your Parcel comply 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 Parcels arrive in New Zealand. You may Change Delivery Details at any time until 6 pm on the date that you are notified that Your Parcel has cleared New Zealand Customs.

Completion of documents

We may, at our sole discretion, do any of the following on your behalf to enable Your Parcels 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 Parcels to you within the timeframes indicated on the YouShop website.
  • However, all delivery timeframes, whether on the YouShop website or otherwise notified to you, are targets and provided as a guide only.

Prior to arrival at a Warehouse, you are responsible

You are solely responsible for the shipping of Your Parcels from the Merchant to your relevant YouShop Address, including all associated costs (if any). We are not responsible or liable for:

  • any failure or delay in delivery of Your Parcels to a Warehouse, including any claimed delivery of Your Parcels 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 Parcels prior to receipt of Your Parcels by us at a Warehouse or, where Your Parcels (or any item in Your Parcels) are to be returned to the relevant Merchant, anything which happens to Your Parcels after dispatch from a Warehouse;
  • anything which happens to Your Parcels 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 YouShop Address or any conditions (including additional charges) or restrictions placed by a Merchant on such shipping; or
  • any dissatisfaction with the contents of Your Parcels, including where Your Parcels do not contain the items you ordered from a Merchant.

Claim Your Parcel

  • You can claim your parcel by logging in to the YouShop 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

NZP prohibits the delivery of certain GST-exempt and excisable Items via YouShop (please see the full list in the Prohibited Items section). NZP does 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 YouShop and NZP is required to provide a refund of the GST paid, you will be charged an administration 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 NZ$250; or
  • the total value of the contents of Your Parcel (including jewellery) is:
    • between NZ$250 and $2,000 for items that are sent by a Merchant to our Warehouse in the USA;
    • between $250 and $1,400 for items that are sent by a Merchant to our Warehouse in Europe.
  • the item is not fine metal

Jewellery and any fine metal is otherwise a Prohibited item.

Prohibited items not to be presented

You will ensure that none of Your Parcels:

  • contain Prohibited Items or alcoholic products or beverages;
  • exceed the applicable size and weight limits for the Services (as set out on the YouShop website); or
    • have a value of more than NZ$2,000 for items that are sent by a Merchant to our Warehouse in the USA; or
    • have a value of more than NZ$1,400 for items that are sent by a Merchant to our Warehouse in Europe.

You cannot ship parcels valued at more than the maximum amounts for each country specified above as these are Prohibited items.

Our Rights in relation to Prohibited Items

We may open and inspect Your Parcels we suspect may be, or may contain, a Prohibited item. If we find a Prohibited item it will not be delivered and we will not refund postage costs. We are not obliged to return Your Parcels to you but may, at our discretion and at your cost:

  1. make the item safe;
  2. return the item to you by a licensed dangerous goods carrier or security firm;
  3. destroy the item;
  4. dispose of the item; or
  5. deliver the item to the appropriate authorities.

Option to return or send to another address in relevant country

If we consider any of Your Parcels fall into the following categories:

  • have a value exceeding either NZ$2,000 for items that are sent by a Merchant to our Warehouse in the USA or NZ$1,400 for items that are sent by a Merchant to our Warehouse in Europe, and/or;
  • exceed the applicable size and weight limits for the Services,

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 Europe (as applicable for the Warehouse Your Parcel was sent to) provided that you pay us the relevant Charges. Please note, we may 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.

If:

  • we consider that any of the items in Your Parcels received by us at a Warehouse are Prohibited Items; or
  • you have not provided us with return or further sending instructions and paid the applicable Charges in accordance with these terms for items received by us at a Warehouse,

we may deal with any such items as we see fit, at your cost, and without 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.

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 YouShop Address is provided for the purpose of accessing and using the Services only and the use of your YouShop 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 Parcels can legally be:

  • exported from the USA (in the case of Your Parcels that are sent to our Warehouse in the USA);
  • exported from Europe (in the case of Your Parcels that are sent to our Warehouse in Europe);
  • 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 Parcels that are sent to our Warehouse in the USA);
  • all laws in Europe relating to cross-border movement of goods (in the case of Your Parcels that are sent to our Warehouse in Europe).

We have no liability to you for any of Your Parcels that 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.nzOpens in a new window. ) or the appropriate USA or Europe governmental authority (as applicable) for further information. You acknowledge that Regulatory Authorities may detain Your Parcels 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 Parcels

We may, but are not obliged to, open and inspect any of Your Parcels 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 Parcels which arrive opened or damaged at a Warehouse to assess whether items in Your Parcel are suitable for Shipping.

7. Repacking of Your Parcels

We may, but are not obliged to, repack Your Parcels without notice to you if we consider:

  • The applicable international postage Charges for Your Parcels can be reduced by more efficient packing, including prior to consolidation;

provided that we will not repack parcels containing 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';
  • items packaged with protective cushioned packaging material, if in our reasonable opinion these cannot be repacked without compromising the security of the contents;
  • Items packed within a satchel or plastic packaging bag e.g. Clothing etc.

You will pay our applicable charges for any repacking.

Any such repacking of Your Parcels may mean the return, refund or exchange policy of the Merchant for items in Your Parcel is invalid, void or cancelled.

8. Return of Your Parcels

Return at your request

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 Europe (as applicable based on which Warehouse received Your Parcel) after Your Parcel has been received at a Warehouse and before it has left the Warehouse for shipping if you request that we do so and pay our applicable Charges. Once you have decided to consolidate a parcel and paid the international postage charges, your parcel cannot be returned or split into individual parcels again.

Return for non-payment

Without limiting our other rights, we may, at our sole discretion and with or without notice to you but at your cost, arrange for the return of Your Parcels to the relevant Merchant if you have not paid the Charges for, or provided us with all information we request to Deliver, Your Parcel within 21 days of us notifying you of those Charges.

Return after leaving Warehouse

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

9. Disposal of Your Parcels

We may destroy or dispose of Your Parcels or individual items in Your Parcels in any manner we see fit at your cost and without liability to you if:

  • we are unable to Deliver Your Parcel for any reason as a result of 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 have not paid the Charges for, or provided us with all information we request to Deliver, Your Parcel within 21 days of us notifying you of those Charges; or
  • we consider that any of the items in Your Parcel are Prohibited Items or are otherwise prohibited under these terms.

10. Charges, payments, duties and taxes

Charges

The Charges for the Services are set out on the YouShop website. Shipping Charges are based on the greater of the actual or volumetric weight of Your Parcel. 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 YouShop website and the Charges in our notice to you, the Charges in our notice will prevail.

There will be no charge if you Update Delivery Details for Your Parcel before you have paid for the international postage. A one time only service charge may apply if you choose to Change Delivery Details after you have paid for the international postage. The amount of the service charge is set out on the YouShop website and includes GST.

We may amend the Charges

We may, at our sole 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 YouShop website.

GST

  1. GST will be charged on all Items ordered via YouShop, regardless of the Item Value.
  2. GST will be charged at the rate required by the GST Act, which is currently a rate of 15%.
  3. 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 YouShop address for shipping to his home address in Wellington. Matt paid $40NZD for the bag (including VAT and the amount charged by the supplier for shipping from its retail store to the UK YouShop address).

When arranging for the goods to be redelivered to Matt’s Wellington address, he tells YouShop that he paid $40 for the goods. YouShop 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 YouShop charges Matt $23.25 made up of:

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

$15 for YouShop’s redelivery services

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

YouShop will return $8.25 to Inland Revenue.


  1. 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 NZD$400

NZD$400 –

NZD$1000

Greater than NZD$1000

Consignment Value (CV)

Invoice required

Yes

Yes

Yes

GST Charged

Yes

Yes

Yes

Tariff Classification Fee

No

Yes

No

Brokerage fee + Import Fee

No

No

Yes

Duty Payable to Customs

No

No

Yes (collected at Border and depending on Item type)

Tariffs and Duties

  1. The Tariff Classification Fee is $55 + GST and will be charged on all Tariff Consignments at the time of purchase of the YouShop 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).
  2. For Consignments with a Consignment Value greater than NZD$1,000, brokerage fees and import fees are payable at time of purchase of the YouShop Service. Duties may also be payable. Please note that NZP uses its own brokerage service for all YouShop shipments. Please note that if a duty amount is payable, additional GST will be calculated and charged on duty amount.
  3. NZP will assess your Consignment while in transit from the YouShop warehouse to determine whether any duty and additional GST is payable. If so, NZP will send you an invoice for the exact amount payable, via email. Once you have paid that invoice in full, NZP will submit customs clearance for your Consignment. Please note that NZP uses its own brokerage service for all YouShop shipments.

NZP Rights

  1. NZP may, at its sole discretion, exercise any or all of the following rights if you fail to comply with your obligations under these Terms and Conditions:
    1. The right to charge additional GST if you provide an incorrect declaration of Item Value;
    2. The right to charge any Additional Fees incurred if you do not provide an accurate Item Description as required under clause 4(d).
    3. The right to charge Additional Fees required to cover any cost or loss suffered by NZP as a result of your failure to comply with these Terms and Conditions; and
    4. Any other right that NZP is entitled to exercise under law, or any applicable NZP terms and conditions.
  2. In addition to the rights listed in section 10(h), NZP may, at its sole discretion, withdraw YouShop Services (either temporarily or on a permanent basis) for any customer that makes a false declaration or knowingly provides false information. Under no circumstances will NZP be liable to such customers for loss of any kind in the event of the exercise of its rights under this clause 10(i).
  3. If you under-declare the value of an Item, NZP may provide any information NZP holds about you (including personal information) to Inland Revenue on request.

Currency and Exchange

  1. NZ Post will only accept receipts, invoices or proof of purchase in the following currencies: USD, GBP, or Euro.

Payment

You will 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 YouShop 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.

YouShop website payments

  • You warrant that you are the owner of the credit or debit card used by you for making payments through the YouShop 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 YouShop 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.
  • The provisions of our Standard terms and conditions for business customers regarding invoicing and payment of Charges apply to your use of the YouShop Business 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:

  • relating to the Shipping of Your Parcels from a Warehouse and Delivery to the Delivery Address; and
  • for any of Your Parcels which arrive at a Warehouse with any such taxes, duties or charges unpaid.

Any of Your Parcels which arrive at a Warehouse with any taxes, duties or charges unpaid for the region in which the Warehouse is located 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 Parcels to you because any such taxes, duties or charges have not been paid.

Promotional codes

Promotional codes entitle a YouShop 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 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.

11. 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 Parcels, including any damage caused to our property or the property of any other person by Your Parcels or the items in Your Parcels.

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 Parcels;
  • you may be subject to penalties under the Civil Aviation Act 1990 and other legislation.

12. 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 Parcels and the contents of Your Parcels is limited as follows:

in respect of each parcel to the lesser of:

  • the value or declared value of the item as determined by us; or
  • the cost of repairing the damage; or
  • $2,000.

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

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 delivery 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 or you did not mitigate your loss. We have no liability to you for any indirect or consequential loss, damage or cost, however it arises.

If:

  1. your Parcel is delivered but the goods are faulty (and we are not liable for that fault); or
  2. 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 YouShop 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; if the circumstances described in (a)-(c) below occur; if you are a business and your loss is indirect or consequential; or if you cannot prove the sending of an item or its loss or damage.

  1. the loss or damage is the result of an event beyond our reasonable control;
  2. 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;
  3. the loss or damage occurred before 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 Parcels 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, set out on www.nzpost.co.nz 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 Parcels where such loss or damage results from:
    • the nature of, or any defect in, the items in Your Parcels. We do not warrant that the Services will be suitable for any particular goods or that Your Parcels will be stored, handled or Shipped separately from any other goods;
    • inadequate or insecure packing, labelling or addressing of Your Parcels;
    • inadequate or insecure packing, labelling (including illegible tracking numbers) or addressing of Your Parcels;
    • 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 you do not provide the claim details we ask for
    • for loss or erasure of any electronic information or data on any items in Your Parcel;
    • for any Prohibited Items or items which are otherwise prohibited under these terms. You acknowledge that any information provided to New Zealand Post by you regarding the contents of Your Parcel is generally descriptive only and does not constitute notice to New Zealand Post of the specific contents of Your Parcel.

This exclusion of liability applies regardless of the 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.

13. Privacy

Privacy Statement

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

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

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

We may share your personal information with a provider of YouShop 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 YouShop email marketing platform).

We ensure that any time we share personal information with YouShop 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.

14. IP

We own all copyright and other intellectual property rights in:

  • YouShop and the YouShop website and all content and functionality on or accessible from the YouShop website; and
  • all data generated through the YouShop website including through your use of the Services and the YouShop website.

“YouShop” 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.

15. 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 YouShop. You must deal with that organisation directly to complete any transactions or to resolve any issues arising from them.

16. Termination or suspension

We may terminate or suspend your YouShop account

We may terminate these terms and/or suspend or revoke your YouShop account and your access to and use of the YouShop website and any Services at any time:

  • by giving you at least 14 days’ written notice;
  • immediately by giving written notice if:
    • you breach these terms;
    • we believe that you are using the YouShop 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 YouShop website

We may in our sole discretion, at any time and without notice to you, terminate or suspend access to or use of the YouShop website or any functionality or Services accessible from the YouShop 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 YouShop 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.

17. 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 YouShop website for the purposes of using the Services.

Notices to us

If you need to contact us you can use any of the methods described on our Contact and support page.

18. 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.

19. 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.

20. 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.

21. 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 non-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.

22. Definitions

“Additional Fees:” Fees charged by YouShop for any additional services requested by YouShop customers or required to be performed by NZP due to failure to comply with these terms and conditions.

“Change Delivery Details” means changing the name or address contained in the Delivery Address to another name or address within New Zealand after international postage has been paid.

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

  • any charges for return, repacking, disposal for Your Parcels;
  • any taxes, duties, customs clearance and other charges payable in respect of Your Parcels; 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 all items contained in a consignment, as assessed by Customs.

“Consolidated Parcel” A parcel sent using YouShop’s consolidation service. Consolidated Parcels will be considered Consignments 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 a PostShop, PostCentre or CourierPost branch or depot; 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 a PostShop, PostCentre or CourierPost branch or depot 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 Address 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 YouShop website:

  • prior to your payment of the international postage Charges; or
  • between payment of the international postage Charges and 6pm on the date we notify you that Your Parcels have cleared New Zealand Customs;

as the address to which Your Parcels are to be Shipped and Delivered.

“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, 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;

“Item” An LVG or HVG purchased via YouShop.

“Item Description” An accurate description of an Item.

“Item Value” The value of supply of an item sent via YouShop (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.

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

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

“Merchant” means a person, organisation or entity in the United States or Europe with whom you are able to transact with for the purchase and shipment of items to your YouShop 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 Europe (as applicable) or in New Zealand;
  • items which are prohibited from export by law or any Regulatory Authority whether in the USA or Europe (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 YouShop website as being unable to be sent via YouShop.

“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.

“Services” means the services as described on and the content and functionality on or accessible from the YouShop website, including but not limited to the receipt, repackaging, processing, storing, freighting, Update Delivery Details, 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 YouShop website.

“Service Value” The value of supply of any selected or applicable YouShop Services provided in respect of an Item (which is equal to the amount of consideration paid for the applicable YouShop Services by the recipient).

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

“Tariff Classification” A mandatory task that New Zealand Customs requires that brokers complete in respect of any Tariff Consignment.

“Tariff Classification Fee” A fee charged by NZP for services provided by NZP in respect of a Tariff Consignment.

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

“Update Delivery Details” means updating the Delivery Details before international postage has been paid.

“Warehouses” means the facility or facilities in the USA and Europe 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 parcels which are not Prohibited Items, addressed to you, which you have arranged with a Merchant to be sent to your YouShop address.

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

“YouShop website” means the website www.nzpost.co.nz/youshop.

Last updated: 1 Dec 2019