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| The Fan Van's Terms of Use |
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Definitions
| 1.1 | The following expressions have the following meanings in these terms of use unless the context requires otherwise:
a. "Customer" means any member of the public who is an end user of the Website including any person who may buy Products via the Website.
b. "Retailer", means a Retailer registered by TheFanVan as entitled to list and sell Products via the Website on the terms set out in these terms of use.
c. "General Seller", means a General Seller registered by TheFanVan as entitled to list and sell Products via the Website on the terms set out in these terms of use.
d. "Seller", means a “Retailer” or “General Seller”.
e. "Product" or "Products" means a Product or Products listed by you on the Website as available for a Customer to purchase via the Website.
f. "Services" means the services offered to you by TheFanVan on the terms set out in these terms of use to provide:
i. The Website as a forum for you to list Products for sale to members of the Public;
ii. The payment facilitation mechanisms referred to in these terms of use to facilitate the sale of Products by you directly to Customers via the Website.
iii. The incidental reporting and communications services referred to in these terms of use.
g. “TheFanVan”, “The Fan Van”, “we”, “us” and “our” means Philip Michael GLEESON.
h. “Website” means the Website currently available at the URL's www.tfv.co.nz, www.thefanvan.co.nz.
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Terms of use of TheFanVan Website
| 2.1 | The following records the terms on which the Website owned and operated by Philip Michael GLEESON at www.thefanvan.co.nz is available for use by you. |
| 2.2 | These Terms of Use (and any later changes to them) cover all use of the Website by you, all sales of Products made to Customers via the Website and all other Services. |
| 2.3 | You must apply to become a Seller. By applying to become a Retailer or a General Seller you will be deemed to have accepted these Terms of Use. |
| 2.4 | You will also be deemed to have reconfirmed your acceptance of these Terms of Use (and any later changes to them that apply at the time) every time you add a new Product to the Website or purchase an item from the Website. |
| 2.5 | These Terms of Use are also intended to record rights and obligations as between Sellers and each Customer to whom purchases Products via the Website. |
| 2.6 | A reference to these Terms of Use includes any other associated policies of TheFanVan posted on the Website. |
| 2.7 | You acknowledge that you have read and accept the associated documents:
a. TheFanVan's Customer Terms of Use;
b. TheFanVan's Delivery Policy;
c. TheFanVan's Returns Policy;
d. TheFanVan's Disputes Policy;
e. TheFanVan's Privacy Policy.
You accept that those documents and (and any later changes to them) form part of these Terms of Use and create obligations that bind sellers referred to in them. |
| 2.8 | Sellers will act in good faith in all dealings with TheFanVan and any Customer. |
| 2.9 | Sellers will comply with all relevant legislation relating to promoting and selling any Products or doing any other acts reasonably required to perform the Sellers obligations under these Terms of Use. That legislation may include the Consumer Guarantees Act 1993, the Sale of Goods Act 1908 and the Fair Trading Act. |
| 2.10 | Sellers will take into account and comply with the Ministry of Consumer Affair's New Zealand Model Code for Consumer Protection in Electronic Commerce when adding information to the Website and selling Products via the Website. |
Changes to these terms
| 3.1 | These Terms of Use may be changed entirely or partially by TheFanVan from time to time. Any changes to these terms (except changes relating to commissions - see clause 3.3 below) will be posted on the TheFanVan Website and will be effective from the time that they are posted on the Website. |
| 3.2 | It is your responsibility to keep up to date with any changes to these Terms of Use. By continuing to use TheFanVan and adding Products for Sale via the Website, or purchasing items from the Website, you will be deemed to have confirmed your acceptance of any changes that apply at the relevant time. |
| 3.3 | For registered Sellers, TheFanVan may change the commissions charged to sellers by giving sellers 20 working days advance notice of its intention to change those prices. The changes to those fees prices will then apply to all Products listed for sale via the Website and all sales made via the Website from the date stated in the notice. |
Registration, Costs and Payment for Services
| 4.1 | There are no costs of becoming a registered Seller. |
| 4.2 | You must be a registered Seller to be entitled to sell Products via the Website. |
| 4.3 | TheFanVan may publish acceptance criteria from time to time relating to the attributes that a trader must possess to be eligible to become registered as a Seller. |
| 4.4 | TheFanVan has the absolute final discretion to accept or decline an application to become registered as a Seller. |
| 4.5 | A Retailer must complete all parts of the Retailer's Profile webpage and tender that content to TheFanVan as part of the application process. |
| 4.6 | The Retailer's Profile webpage must include the Retailer's policies on the matters referred to in the following sub-clauses. The policies must include, at minimum, the information set out below and must comply with the minimum standards required of Retailers by these Terms of Use. The policies must be no less favourable to the Customer than the content of TheFanVan Terms of Use and policies. The content of the policies will form part of the Terms of Use on which a Customer contracts to buy Products from the Retailer via the Website. The content must be written for that purpose:
a. Delivery Policy. The policy must include:
i. Specific details of how Products will be delivered to different parts of the country.
ii. Which courier or other delivery services will be used to deliver products if known in advance, or if not known in advance how that will be determined and communicated to the Customer,
iii. Whether the Customer must be physically present to receive a delivery,
iv. When Products will be dispatched from the Retailer and how long it will take for delivery to occur.
v. How and when the Customer will be notified by the Retailer about delivery details once an order has been received.
vi. How Customers can make enquiries about the status of a delivery.
b. Returns Policy. The policy must comply with TheFanVan's general Returns Policy and include:
i. In what circumstances the Retailer will allow defective and non-defective Products to be returned to the Retailer.
ii. Within what timeframes after delivery the Customer must contact the Retailer to reject a Product or arrange to return it.
iii. In what circumstances the Retailer will allow refunds to be paid for defective and non-defective Products returned to the Retailer
iv. In what circumstances the Retailer will allow replacement of Products with other Products or repair of Products, but not refunds to be paid, for defective and non-defective Products.
c. Dispute Policy: The policy must be compatible with TheFanVan's Disputes Policy and include;
i. How the Retailer can be contacted (including details of the Retailers physical address) if the Customer has any problem of the sort referred to in TheFanVan's Disputes Policy.
ii. Any other information or process which is not in conflict with TheFanVan's Disputes Policy that the Retailer is prepared to offer to assist to resolve any queries or disputes with Customers.
d. Privacy Policy: The policy must provide for the treatment of personal information about a Customer to at least the same level of privacy as TheFanVan's Privacy Policy and include:
i. Any other information about the Retailer's collection or use of personal information about a Customer not covered by TheFanVan's Privacy Policy.
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| 4.7 | If a Retailer changes any of their registration details or any of the polices referred to above, the Retailer must notify TheFanVan to enable the Retailer's Profile webpage to be updated. |
Selling through TheFanVan
| 5.1 | TheFanVan provides a service for Customers to view Products listed on the Website by a Seller and to buy Products from Sellers. |
| 5.2 | The agreement to purchase the Product is made directly between the Seller and the Customer. It is the Seller which sells the Product to the Customer. |
| 5.3 | TheFanVan facilitates transactions relating to the sale and purchase of Products and TheFanVan is not the Customer's agent or the Sellers' agent. |
| 5.4 | When you list a Product for sale on the Website you are offering that Product for sale to Customers. |
| 5.5 | When a Customer confirms an order to buy a Product via the Website the Customer is committing to buy the Product from the Seller. The Customer is also authorising TheFanVan to collect the purchase price on behalf of the Seller. |
| 5.6 | The price and other Terms of Use relevant to each transaction for the sale and purchase of a Product are ascertained, as appropriate, by reference to the TheFanVan Terms of Use available to Customers, the specific content of the Retailer's Profile webpage and the content of the specific Product details webpage. |
| 5.7 | If there is a conflict between the content of the TheFanVan Terms of Use, the specific content of the Retailer's Profile webpage and the content of the specific Product details webpage the conflict will be resolved in the following manner.
a. No other terms may be less favourable to a Customer than the content of the TheFanVan Terms of Use;
b. Provided that the requirement in clause 5.7.a is met;
i. The content of the Retailer's Profile webpage will take priority over the TheFanVan Terms of Use; and
ii. The content of the specific Product details webpage will take priority over the content of the Retailer's Profile webpage.
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| 5.8 | Once a Customer confirms an order to buy a Product via the Website and TheFanVan receives confirmation of payment into TheFanVan’s holding account, the Seller will be notified of the order by TheFanVan. The Seller will be obliged to sell that Product to the Customer for the price and on the Terms of Use referred to above. |
| 5.9 | Sellers acknowledge that they are solely responsible to the Customer for all purchases of Products from them via the Website. |
| 5.10 | Sellers acknowledge that the TheFanVan Terms of Use includes a Disputes Policy which also binds them. Sellers acknowledge that TheFanVan has no legal obligation to assist to facilitate a resolution to a problem. If it does so, Sellers will co-operate with TheFanVan and comply with all reasonable directions of TheFanVan to resolve the problem. |
Products and Information
| 6.1 | The Seller is solely responsible for all information on the Website about the Seller and any Product listed on the Website by the Seller. |
| 6.2 | The Retailer must ensure that at all times all information about the Retailer and any Product listed on the Website by the Retailer is:
a. Complete and accurate; and
b. That any Product listed for sale is available at the price and on the Terms of Use stated on the Retailer's Profile webpage and on any specific Product details webpage.
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| 6.3 | A Retailer must notify TheFanVan in writing to modify any content on the Retailer's profile webpage. |
Adding Product Details
| 7.1 | The Seller is responsible to provide all information relating to a Product when the Seller lists a Product for sale. |
| 7.2 | The Seller must provide sufficient information about a Product to ensure that the Product offered for Sale corresponds with the description of it. |
| 7.3 | If the Retailer's terms of sale for a particular product are different in any way from those shown on the Retailer's Profile webpage those differences must be clearly stated within the Product Description. |
| 7.4 | TheFanVan does not make any warranty or representation that any information for other seller is accurate or reliable or that a Product is available at any specific time that information about it is viewable on the Website. |
| 7.5 | TheFanVan does not make any warranty or representation that any information on the Website is accurate or reliable or that a Product is available at any specific time that information about it is viewable on the Website. |
| 7.6 | If other reviews about Products appear on any other parts of the Website they will be provided by the third parties. TheFanVan will not be responsible to the Seller for any such information at any time. |
Price
| 8.1 | The Seller may list Products for sale on the basis that the price includes delivery anywhere in New Zealand. |
| 8.2 | The price stated by the Seller for a Product on the Website must also include the full cost of delivery from the Seller to the Customer unless the Seller has obtained TheFanVan's agreement that alternative delivery arrangements are to apply. Consent will only be given in circumstances where the Product is large or has some other special delivery requirement. If the cost of delivery isn't included in the price the Seller must provide full details of any additional delivery costs that will apply in the specific Product details webpage. |
| 8.3 | The price stated by a Seller for a Product on the Website must be in New Zealand Dollars and include GST, where applicable. |
| 8.4 | The Seller may add a "recommended retail price" as well as a listed price for a particular Product. If the Seller uses this option, the "recommended retail price" must be the current price for retail sales of the Product in New Zealand. The information must not create the possibility that a Customer may be misled or deceived about the nature of the price at which the Product is available for sale via the Website. |
Order Process
| 9.1 | As part of the checkout process when a Customer places an order via the Website, the customer receives payment instructions into TheFanVan holding account. TheFanVan is immediately notified via email of the order. |
| 9.2 | When TheFanVan receives confirmation that the Customer's payment has been received, TheFanVan will email the Seller a notice of the order. The email will include:
a. Conformation of the transfer into the Sellers nominated Bank Account (including reference)
b. The Product ordered by the Customer;
c. The price;
d. The required delivery details;
e. The Customers name and contact details. |
| 9.3 | As the contract of sale of products on the Site is between the Seller and the Customer, the Seller will be responsible for directly sending customers appropriate tax invoices/receipts (and any credit notes) in a timely way to each Customers stated billing address. |
| 9.4 | If the Customer has ordered several Products from different Sellers at the same time, TheFanVan handles the distribution of the purchase price to each relevant Seller. |
| 9.5 | The Customer's purchase remains from the Seller. |
| 9.6 | The Seller must generate an invoice and appropriate receipting information addressed to the Customer for each item Purchased. That information must be provided by the Seller to the Customer no later than the time at which the Product is delivered. |
| 9.7 | From the time the Customer's payment is transferred to the Seller, any claims that the Customer may have for a refund of the purchase price for a Product for any reason are claims directly against the relevant Seller. |
| 9.8 | If a Customer has a problem with a purchase that has been made via the TheFanVan Website they should first deal with TheFanVan. We will make contact with the supplier and arrange for them to contact you directly. |
| 9.9 | If the Customer cannot resolve the problem with the Seller and wants TheFanVan to become involved in facilitating the resolution of any problem of the sort referred to in TheFanVan's disputes policy the Customer must contact TheFanVan directly as soon as possible. |
| 9.10 | TheFanVan will consult with the Seller about the circumstances of the failure, problem or dispute. The Seller consents to TheFanVan talking to all of the people involved in the dispute. |
Delivery
| 10.1 | The Seller is solely responsible for the delivery of Products that a Customer buys via the Website. |
| 10.2 | Risk in all Products remains with the Seller until the Product has been delivered. |
| 10.3 | The Seller must comply with TheFanVan's Delivery Policy and all aspects of the delivery information the Seller includes in the relevant Product details webpage and the Retailers' profile webpage. |
Product availability
| 11.1 | The TheFanVan system incorporates measures to allow a Seller to specify how many units of a Product are available for sale via the Website at any one time. |
| 11.2 | The TheFanVan system deducts one available unit from the product details information for each unit sold via the Website. |
| 11.3 | The Seller must regularly check each of its Product details via the Website. It is the Seller’s sole responsibility to ensure that it does in fact have sufficient stock available to make delivery of the total number of units of each Product indicated as available via the Website at any time. |
| 11.4 | If the Seller does not have sufficient stock available to make delivery of the total number of units of each Product indicated as available via the Website at any time the Seller must take immediate steps to rectify the situation by notifying TheFanVan of the necessary amendments to the content of the relevant Product. |
| 11.5 | If the Seller becomes aware that orders have been placed via the Website to purchase Products that are not available the Seller must immediately notify the Customer and the TheFanVan about the situation. |
Items that are not available
| 12.1 | You may not list any of the following items for sale on the TheFanVan Website:
a. R18 material
b. Any other objectionable item. |
The Seller’s use of TheFanVan
| 13.1 | The Seller must ensure that it has all necessary legal rights, including any statutory authorities and contractually granted rights from third parties to:
a. Sell any Product to any person via the Website;
b. Provide any Product to a Customer free of any security and on the basis that the Customer will acquire the right to undisturbed possession of the Product on delivery;
c. Provide any information about any Product to TheFanVan and Customers by publishing that information on the Website;
d. Use any trademarks, copyright works, designs and other intellectual property owned by third parties and information relating to any of those things, by publishing any of those things on the Website, selling any Product or doing any other act in relation to the Website.
e. Authorise TheFanVan to use any of the things referred to in this clause by publishing those things on the Website or doing any other act to administer and operate the Website and provide the Services.
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| 13.2 | The Seller authorises TheFanVan to use anything provided by the Seller to TheFanVan including any:
a. Trademarks, copyright works, designs and other intellectual property owned by the Seller or Third Parties; and
b. Information relating to any of those things, and
c. Any other information relating to the Seller by publishing those things on the Website or doing any other act to administer and operate the Website and provide the Services. |
| 13.3 | Sellers agree to only use the Website, the information available on the Website and the purchase facilities that we provide via it for the purposes that we have intended them to be used. Without limiting those purposes, most are described on the Website. |
| 13.4 | Sellers will not attempt to sell or advertise any Products of the type referred to in part 12 of these Terms of Use via the website. |
| 13.5 | Sellers will not attempt to copy any information available on the Website or transmit it to any other person without our authority. |
| 13.6 | Sellers will not attempt to interfere with the operation of the Website or modify the Website in any way. You may not use a robot, spider, scraper or other automated means to access the Website or information contained on the Website. You must not damage or interfere or attempt to damage or interfere, the Website or any of the systems or networks associated with it. |
| 13.7 | Sellers agree to comply with any other requirements that TheFanVan may impose from time to time relating to the use of the Website, transactions available via the Website and the Services. |
| 13.8 | Sellers acknowledge and agree that TheFanVan will monitor use of the Website and may contract other service providers on its behalf to do so. |
| 13.9 | Sellers acknowledge and agree that if TheFanVan believes it necessary it may report activities carried out by Sellers relating to the Website, to third party owners of intellectual property if it believes you may have breached their rights, or to relevant law enforcement agencies. |
Termination
| 14.1 | Either of TheFanVan and the Seller may terminate the operation of these Terms of Use and thereby terminate the provision of the Services:
a. By giving the other party at least one month’s written notice of termination specifying a date on which the performance of their obligations under this agreement will terminate; or
b. Where an event of default has occurred, by giving the other party written notice of termination specifying a date on which this agreement will then terminate. |
| 14.2 | A party commits an event of default under these Terms of Use if:
a. It fails to pay any money under the Terms of Use when due and remains in breach of that obligation for 7 days after another party has given it notice in writing specifying the breach; or
b. It does not comply with an obligation expressed to be an essential term under the Terms of Use; or
c. It remains in breach of any of its other representations, warranties, liabilities, or obligations under the Terms of Use for 7 days after another party has given it notice in writing specifying the breach, or, after receiving that notice, it remedies the breach but commits the same or a similar breach within three months after the notice was given; or
d. It is unable to pay its debts or is deemed or presumed under any law to be unable to pay its debts ; or
e. It stops or suspends, or threatens to stop or suspend, payment of its indebtedness to any person; or
f. A secured creditor takes possession of any of the party’s assets or exercises or takes steps to exercise its rights as a security holder; or
g. Distress, attachment, or any execution is levied or carried out on any of the party’s assets; or
h. A receiver, manager, liquidator, assignee in bankruptcy, statutory manager, administrator, or similar official is appointed in respect of the party, or any of its assets or steps are taken for an appointment; or
i. It, or, if it is a company one of its directors, commits a criminal offence involving an element of dishonesty. |
| 14.3 | If this agreement is terminated by TheFanVan,
a. TheFanVan and will have no liability for any other claims or losses arising from the termination of these Terms of Use and the termination of the provision of the Services. |
| 14.4 | If this agreement is terminated by the Seller,
a. TheFanVan reserves its rights to claim from the Seller the sum of the balance of monthly commission fees otherwise payable by the Seller. |
Operation of the Website
| 15.1 | You accept that all use of the Website, the transactions available via the Website and any other Services provided by TheFanVan are entirely at your own risk. You have made your own assessment about using the Website and making sales of Products via the Website. You have satisfied yourself that you are prepared to use the Website and those Services before confirming these terms of use. |
| 15.2 | TheFanVan does not guarantee that the Website will not contain any errors or defects or that the Website or the Services will be uninterrupted. |
Intellectual Property
| 16.1 | Intellectual property in this Website including:
a. The structure and format of the Website;
b. All works of the types referred to in section 14(1) of the Copyright Act 1994;
c. All other story and content elements however conveyed (including written, dramatic, illustrated, storyboard, film, moving image, animation and web design elements);
d. All software elements; and
e. The trademarks, trade names and logos including the names The Fan Van, TheFanVan (irrespective of the capitalisation and other punctuation used) and other material underlying and forming part of the Website.
f. is owned by or licensed for use by TheFanVan.
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| 16.2 | To the extent that there are intellectual property rights associated with the content of listings or Products and other information posted on the Site by third parties, those third parties may own intellectual property rights in those elements. |
| 16.3 | Irrespective of the ownership of intellectual property making up the Website you may not in any form or by any means:
a. Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
b. Commercialise any information, products or services obtained from any part of this Website. |
| 16.4 | You may not use any copyright works, trademarks, trade names or logos appearing on the Website for any purpose without the owners express written consent. |
| 16.5 | During the time that you are a registered Seller;
a. You may refer to the fact that you are a registered Seller of TheFanVan in your own promotional activities and use the TheFanVan logo for that purpose;
b. You may create a link from your own website to the TheFanVan website. |
| 16.6 | TheFanVan may however direct that you modify or cease to use the TheFanVan name and logo and any link to the TheFanVan Website if in its sole opinion your use of those things may harm the value of the brand or reputation or the interests of TheFanVan. All rights to use the TheFanVan name and logo and any link to the TheFanVan Website will cease on termination of these Terms of Use. |
| 16.7 | TheFanVan does not warrant that anything referred to in clause 16.1 or any use of the Website by you will not infringe on any third party’s intellectual property rights. |
Linked websites
| 17.1 | This Website may contain links to other websites ("linked websites"). |
| 17.2 | TheFanVan is not responsible for the content or privacy practices associated with linked websites. |
| 17.3 | TheFanVan's links with linked websites should not be construed as an endorsement, approval or recommendation by TheFanVan of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary. |
Limitation of Liability
| 18.1 | TheFanVan does not accept responsibility for any loss or damage (including through negligence) whether direct or consequential or costs of any nature whatsoever incurred or suffered by you arising from or in connection with:
a. Your use of the Website;
b. Any transaction attempted or actually entered into by you via Website;
c. Any Product sold by you via the Website; or
d. Any other services provided by TheFanVan; or
e. Any breach on the part of TheFanVan of these Terms of Use. |
| 18.2 | TheFanVan also does not accept any responsibility for any such loss or damage arising out of your use of or reliance on any information contained on or accessed through this Website. |
| 18.3 | TheFanVan makes no representation or warranty about:
a. The Products listed on the Website for sale;
b. The Sellers who have offered them for sale;
c. Any information available on the Website about those Products, prices, or sellers including information relating to the suitability or fitness of any Product for any particular purpose or use.
d. The placement of such information or the listing of a Product on the Website does not constitute a recommendation or endorsement by TheFanVan of the Product or the Seller and each Seller is solely responsible for any representations made. |
| 18.4 | TheFanVan makes no guarantees under the Consumer Guarantees Act 1993 as the Seller is receiving the Services for the purposes of the Sellers business. |
Specific technology issues
| 19.1 | You must take your own precautions to ensure that the process which you use for accessing this 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. TheFanVan do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website. |
| 19.2 | TheFanVan do not warrant the accuracy, adequacy or completeness of information accessible via the Website. |
| 19.2 | Unfortunately, no data transmission over the internet can be guaranteed as totally secure. TheFanVan does not warrant and cannot ensure that the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information by using the security procedures referred to above. |
Governing law
| 20.1 | These terms of use are governed by New Zealand law and any purchases made through TheFanVan will be governed by New Zealand law. You agree to submit to the exclusive jurisdiction of the courts of New Zealand. |
General
| 21.1 | TheFanVan do not accept liability for any failure to comply with these terms of use where such failure is due to circumstances beyond TheFanVan's reasonable control. |
| 21.2 | If any of these terms of use are held to be invalid, enforceable or illegal for any reason, the remaining terms of use shall nevertheless continue in full force. |
| 21.3 | None of the terms of use constitute any partnership, agency or joint venture relationship between TheFanVan and Sellers or any Customer. |
Payments/Fees
| 22.1 | TheFanVan bears the cost of setting up Sellers (including establishment fees, listing fees, photo hosting fees). |
| 22.2 | Sellers will be invoiced for all applicable commissions by the 5th business day of each calendar month. TheFanVan will send these invoices to you by email only. Payment will be due on the 20th of the month in which the invoice was produced or, if the 20th of the month isn’t a business day, on the next business day after the 20th. |
| 22.3 | All commission-based fees are calculated on the gross amount payable by the Customer for the relevant purchase. |
| 22.4 | The commission rates are as follows:
• Retailers 5.625% (inclusive of GST)
• General Sellers 7.875% (inclusive of GST) |
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