Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern John Stephens & Co Ltd's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term 'John Stephens & Co Ltd' or 'us' or 'we' refers to the owner of the website.
The term 'you' refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do no signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
COPYRIGHT STATEMENT
This website and its content are copyright of John Stephens & Co Ltd - © John Stephens & Co Ltd. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Terms and Conditions
These Terms and Conditions (Terms) apply to all purchases made from John Stephens & Company Limited. By paying the required Deposit and/or placing an order with us, you agree to be bound by the following Terms:
1. Definitions
Business Days means any day other than weekends or public holidays in Auckland;
Claim means any demand or assertion of right to compensation or other legal or equitable remedy (whether in contract, tort, including negligence, statute or otherwise) arising out of or relating to the supply of the Product, including any proceeding in any tribunal, court or other forum arising out of or relating to the supply of the Product;
Customer, you, your means any person or entity purchasing Products from the Store as recorded in the Tax Invoice;
Deposit means the upfront, non‑refundable amount required to initiate a Pre-Order and/or Manufactured Product;
GST means goods and services tax applicable in New Zealand under the Goods and Services Act 1985;
In‑Stock Product(s) means Products available for immediate purchase and collection or delivery;
Manufactured Product(s) means the Products manufactured by the Store according to the Specifications;
Manufacturing Timeline means the estimated schedule for production of the Manufactured Product, including estimated start and completion dates;
Order means request submitted by the Customer for the Products;
Pre‑Order Product(s) means Products sourced from overseas suppliers after a Customer places an order and pays the Deposit;
Prices means all amounts payable to the Store for the Products;
Product(s) means any antique, vintage, second-hand, or new item offered for sale or manufactured by the Store including In-Stock Products, Pre-Order Products and Manufactured Products;
Specifications means the technical, dimensional, material, or aesthetic requirements for the Manufactured Products, as provided by the Customer and accepted by the Store;
Store, we, us, our refers to John Stephens & Company Limited, its staff, and authorised representative; and
Tax Invoice means the invoice provided to the Customer when an Order is accepted.
2. Nature of Products
2.1. If our Products are antique, vintage, or pre‑loved it may show signs of age, wear, or imperfections.
2.2. All Products are sold as‑is with no warranty beyond what is described.
2.3. Colours, textures, and dimensions may vary slightly from photos due to lighting and the uniqueness of each piece of Product.
3. In-stock Products
3.1. In‑stock Products are available for immediate purchase upon our acceptance of the Order.
3.2. Full payment is required prior to collection or delivery of the In-Stock Products, in accordance with our Tax Invoice.
3.3. Purchased In-Stock Products can be held for 30 days, after which storage fees may apply.
3.4. Once the In-Stock Product has been collected or delivered to the Customer, the risk of loss, damage, or theft passes to the Customer immediately.
3.5. The Store strongly recommends that Customers insure all antique or high‑value Products upon collection or delivery.
4. Pre-Order Products
4.1. Pre-Order Products require a non‑refundable Deposit to be paid to the Store as stated in the Tax Invoice to begin sourcing the Pre-Order Product.
4.2. Estimated shipping timeframes are provided but may vary due to supplier delays, freight disruptions, or customs processes.
4.3. Once procurement begins, the Order for Pre-order Products cannot be cancelled.
4.4. The remaining balance must be paid within 10 Business Days of the Product arriving in the Store.
4.5. If the balance is not paid within the timeframe specified in clause 4.4, the Deposit may be forfeited and the Pre- Order Product returned to the Store’s stock or otherwise dealt with at the Store’s sole discretion.
5. Insurance for Pre-Order Products
5.1. Unless expressly stated in writing, the Store will not automatically include insurance for Pre-Order Products.
5.2. If the Customer declines insurance, they accept full responsibility for any loss, damage, or delay that occurs in transit from the overseas supplier to the Store.
6. Manufactured Products
6.1. The Customer must submit an Order in writing, including all required Specifications to the Store for Manufactured Products.
6.2. The Store shall review the Order and either
(a) accept the Order in writing, or
(b) request modifications or clarification.
6.3. No Order shall be binding until it has been accepted in writing by the Store and the Customer has paid the non‑refundable Deposit as stated in the Tax Invoice.
6.4. The Store shall manufacture the Product in accordance with the Specifications and within the Manufacturing Timeline.
7. Payment
7.1. All Prices are stated in New Zealand dollars and are exclusive of GST. Prices displayed on the website include GST.
7.2. Products will not be released until the full payment of the Tax Invoice is received.
8. Retention of Title
8.1. Title to all Products remains with the Store and does not transfer to the Customer until the Store has received full and cleared payment for the Product, including any applicable taxes, delivery fees, insurance charges, storage fees, or other amounts payable.
8.2. Where an Order includes multiple Products or staged deliveries, title does not pass for any Product until payment is received in full for the entire Order, unless the Store agrees otherwise in writing.
8.3. If the Product is delivered to the Customer before the payment of the full Price of the Product is received by the Store:
8.3.1. the Customer holds the Product as bailee only;
8.3.2. the Customer must take reasonable care of the Product and keep it safe, secure, and protected from damage;
8.3.3. the Customer must not sell, lease, dispose of, pledge, or otherwise deal with the Product in any way until full payment has been made and title has passed; and
8.3.4. risk in the Product passes to the Customer on delivery and the Customer is responsible for insurance from the time risk passes.
8.4. If the Customer fails to pay the balance when due, or breaches these Terms, the Store may:
8.4.1. retake possession of the Product;
8.4.2. enter the Customer’s premises (or any premises where the Product is stored) with reasonable notice for the purpose of recovery;
8.4.3. resell or otherwise deal with the Product at the Store’s discretion; and
8.4.4. the powers exercisable by the Store are those given by these Terms including by statute, at law or in equity.
9. Shipping, Delivery and Customs
9.1. All delivery fees for the Products are additional unless otherwise stated.
9.2. Customers are responsible for ensuring the Product fits into the delivery location (doorways, lifts, etc.).
9.3. For Pre-Order Products, customs duties or import taxes may apply and are the responsibility of the Customer unless agreed otherwise.
9.4. The Store is not responsible for delays caused by shipping carriers or customs authorities, and any delivery timeframes for the Products are estimates only.
10. No Warranties
10.1. All Products are sold “as‑is” with no warranty. Antique and vintage items naturally contain wear, patina, imperfections, or variations in colour, finish, age, or condition. These characteristics are not considered defects and do not give rise to any warranty claims.
10.2. Any verbal statements, explanations, or representations made by the Store do not form part of these Terms and are not legally binding unless confirmed in writing by the Store.
10.3. All information provided on the Store’s website, social media pages, catalogues, listings, or marketing material is for general informational purposes only and the Customer agrees that they have not relied on these.
10.4. Where the Customer is obtaining the Product in trade for business purposes, the parties acknowledge and agree that:
10.4.1. the Consumer Guarantees Act 1993 (CGA) does not apply to the supply of the Products;
10.4.2. pursuant to section 5D of the Fair Trading Act 1986 (FTA), the parties contract out of sections 9, 12A, 13 and 14(1) of the FTA; and
10.4.3. any terms and conditions implied by law do not apply in accordance with section 197 of the Contract and Commercial Law Act 2017,
such agreement being acknowledged as fair and reasonable by the parties. Nothing in these Terms is intended to contract out of the CGA or the FTA except to the extent permitted by those Acts.
10.5. To the maximum extent permitted by law, the Store excludes all implied warranties, representations and conditions.
11. Limitation of Liability
11.1. Notwithstanding any other provision of these Terms, other than clause 10.4, under no circumstances shall the Store be liable to the Customer or any other person (whether in contract, tort, including negligence, statute or otherwise) for any:
11.1.1. loss of profits;
11.1.2. consequential loss or damage;
11.1.3. indirect loss or damage; or
11.1.4. special loss or damage of any kind.
11.2. To the maximum extent permitted by law, but subject to clause 10.4, the Store’s total liability (whether in contract, statute, tort, including negligence, or otherwise howsoever arising) for any Claim by the Customer or any other person, relating to or arising from the supply of the Product shall not exceed the Price of the Product to which the Claim relates.
12. Return, Refunds and Cancellations
12.1. Due to the nature of the Products, all sales are final.
12.2. No refunds, returns, or exchanges are available for change of mind.
13. Enforcement Costs
If the Customer fails to pay any amount owing by the due date, the Customer shall be liable for all costs and expenses incurred by the Store in enforcing its rights under these Terms.
14. Entire Agreement
These Terms, including all accepted Orders, constitutes the entire understanding between the Store and the Customer and supersedes all prior negotiations or agreements.
15. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of New Zealand.
