Terms & Conditions. Dated: 6th May 2018
1.Acceptance of Terms and Conditions.
1.1. By accepting these Terms and Conditions you gain access to the services offered on the FlocknSave® site.
1.2. If you do not deem the Terms and Conditions acceptable, you should not use the site.
1.3. Failure to adhere to the Terms and Conditions may result in your account being suspended or cancelled without notice.
1.4. The Terms and Conditions may be amended periodically and by continuing to use the service you agree to be bound by the new Terms and Conditions.
2.Becoming a Member.
2.1. Registration is free and available to New Zealand registered businesses.
2.2. Supplier members need to be verified by FlocknSave® before they can use the site.
3.Buyer and Supplier Obligations when using the site.
3.1. You must be over 18 years of age.
3.2. You agree to use the site at your own risk.
3.3. You must be conducting business on behalf of a business entity and have a company officer or directors approval to transact on the site.
3.4. You agree all Bids, Flocks, Pricing, Delivery, and Communications will be made in good faith.
3.5. You agree to input and maintain accurate information pertaining to registration details and pricing.
3.6 Your membership is FREE however we do charge a small variable fee to winning suppliers.
3.7. You may terminate your account at any time with the exception of transactions in progress, which must be completed prior to termination of your account.
3.8. You must not participate in any anti-competitive practices in relation to the site.
3.9. You as a Buyer, agree to pay FlocknSave® in full for 'goods' purchased in exchange for a Voucher of Entitlement for the goods listed in that transaction and on receipt of proof of delivery from the Supplier agree to FlocknSave® releasing those funds to the Supplier listed on the voucher of entitlement.
3.10. You as a Supplier, agree to FlocknSave® taking payment for 'good's or services' on your behalf in exchange for a Voucher of Entitlement for the goods listed in that transaction and on receipt of proof of acceptance from the Buyer agree to 5 working day payment less the agreed success fee.
3.11. Suppliers are required to input and maintain their individual List Pricing, Reserve Pricing & Terms and Conditions on the FlocknSave® site. These are relevant in Buyer / Supplier transactions. The Supplier’s Terms and Conditions will be included in the voucher of entitlement.
3.12. FlocknSave® reserves the right to terminate or suspend your account at any time without prior notice.
4.1.Buyer: a business purchasing product (goods or services).
4.2.Supplier: a registered business supplying product
4.3. Product: Goods or Services available in a specified region.
4.4. Specification: A specific set of characteristics of a product, material, component, system or service including collection or delivery options, warranty and other commercial details of a particular product for the reference of both Buyers and Suppliers. Suppliers agree to abide by the specifications as part of all warranties and guarantees as part of the Buyer’s request for supply.
4.5. Units: The unit measure within which all pricing is based (e.g. KW/h of electricity, $$$ of finance, 200litre drums of sanitizer). These are identified in the product specifications. Minimum quantities and increments of units are applied as necessary.
4.6. Price Reserve: Is a Suppliers best price should they decide to add them.
4.7. Buy Now when present: A Suppliers best reserve price at the time that a Buyer can access.
4.8. Flocktion: The process by which Suppliers and Buyers negotiate pricing including 'List Price Average' and 'Best Reserve'.
4.8.1. My Flock: Generates a Flock (Request for Price) on the Buyers behalf for Suppliers to provide the best price in 1-7 days.
4.8.2. Multi Cart Flocktion: These have multi product combinations that make up the cart.
4.8.3. Single Cart Flocktion: applies when only a single item type is sold an include a contract which will be competed for in units.
4.9.Best Bid : The best bid offered by the Supplier either manually or as an Auto-bid in a Flocktion as (net price or a unit bid) depending on the Flocktion type.
4.9.1 Auto Bid: Suppliers can select an auto-bid (using their reserve) as their Best Bid without placing a manual Bids.
4.10. Success fee: This is a fee charged to the winning Supplier.
4.11. Deposit: In 'Contract Flocktion's' we show a deposit value which will often be zero however from time to time there may be a requirement for a deposit from the Buyer which will be shown on the voucher of entitlement and will need to be paid as part of securing a service at the agreed rate. FlocknSave® will take our success fee from this figure and pass the remaining value on to the Supplier.
4.12 Vouchers: Buyers receive a voucher of entitlement on acceptance of Suppliers Terms & Conditions and or payment. Supplier receive a copy for supply.
FlocknSave® is a Business to Business an e-venue that enables multiple Buyers and Suppliers to efficiently negotiate and transact generic product. Buyers can quickly aggregate and request generic product pricing from multiple Suppliers. When the Buyer agrees to pay the price provided by the winning Supplier, agrees with the product specification and the winning Supplier’s standard terms and conditions they form a contract of sale with the winning Supplier. FlocknSave® holds the payment (where required) and then passes the payment to the Supplier once the product has been provided to the Buyer. FlocknSave® does not act as an agent for either party and should not be considered as in trade.
FlocknSave® provides a generic specification for the product and it is up to the Buyer and Supplier to read, understand and accept the specification as if their own. FlocknSave® is not liable for errors or omissions made, it is up to the Buyer or Suppliers to accept or decline these specifications. FlocknSave® reserves the right to update specifications without notice.
5.2. Pricing Process
5.2.1. All prices are NZ$ per unit and exclude GST. The summary Supplier invoice includes GST.
5.2.2. Suppliers must select the products of interest to be eligible to Bid and are required to input and update their own List /Recommended Retail Pricing.
5.2.3 List/Recommended Retail Pricing should be reflective of Supplier’s actual market price.
5.2.4. A Reserve price is used as the Buy Now price or as the Best Reserve in an Auto Bid.
5.2.5. Suppliers must guarantee they can provide the product at the indicated price and in the required volume within the specified time frames.
5.2.5 .Buyers can add multiple products to a cart and view & calculate their best purchasing options.
5.3.Flocking Processes - Buyer
After accepting the product specifications, a Buyer can :
My Flock (self-generated Flocktion for one or many items) which runs for up to 7days to registered Suppliers. Buyers can chose to accept or decline at the end of the Flocktion. (Flocking fee is required).
5.4. Bidding Process -Suppliers
5.4.1.Suppliers are advised of Flocktion's and then they 'Bid' at any time over the 7 day period. If a Bid is submitted this is a fixed commitment by the Supplier and the Supplier is legally bound to this offer.
5.4.2 In a My Flocktion, the Buyer has 5 days to accept and decline the best Flocktion bid after which the Supplier can cancel the Flocktion or after a 6 days the Flocktion deletes automatically if the Buyer does not take up the offer.
5.4.3. A winning Supplier is appointed based on the best buyer related price and is bound to supply the product based on that price.
5.5 Buyer Payment and Entitlement Voucher Release
5.5.1.Buyers agree to Supplier’s terms and conditions as part of the checkout process.
5.5.2. When Buyers confirm the purchase of goods or services by payment or acknowledgment, a voucher of entitlement is released immediately to Buyer and Supplier showing details and proof of payment as proof of sale between the Buyer and the Supplier.
5.5.3. When purchasing goods or services Buyers must pay by Bank Transfer, Poli, or Credit Card, into the FlocknSave® holding account within 4 working days after which the event will have closed to the Buyer.
5.5.4.Title of goods transfers from Supplier to Buyer on acceptance of goods by the Buyer.
5.6 Availability / Delivery/ Transport to site
5.6.1. All availability is based on the details in the specification which is shown in the voucher, otherwise, all items will be made available as per the Buyers request to the delivery address or at the Suppliers depot if collection is required.
5.5.2 Delivery/ transport to site is not included unless stated however, the product must be made available by the Supplier for collection by the Buyer within the Product Region of Flocktion and available from the premises provided in the Suppliers account information.
5.5.3 The Supplier or their agent must contact the Buyer and arrange collection.
5.5.4 Buyers must collect or agree to receive goods within 3 working days of being informed of their availability or delivery unless other arrangements are made in writing with the Supplier.
5.5.5 Buyers should always inspect goods and only accept goods if they meet the specification and quantity described on the voucher. If over supplied goods must be made available for Supplier to collect or they can be purchased at an agreed rate. If the order is not complete the Buyer should refuse to take the goods. If a buyer does accept the goods and they are not correct the buyer needs to contact the supplier to resolve in the first instance.
5.7.1 On completion of the transaction, Buyers and Suppliers must confirm receipt of goods or services and can place feedback on the Supplier performance. This feedback is important as it is used to rate Buyer and Supplier performance. This information is held for a period of time but must only be used in the FlocknSave® forum and remains private between both parties.
5.8 Supplier Settlement
5.8.2 The Supplier agrees that title of sale passes to the buyer on acceptance of goods and that FlocknSave® holds the Buyers payment on behalf of the Supplier until the buyer has received their Goods or Service as per the specification, quantity and quality criteria.
5.8.1 On proof of receipt of product (by the Buyer) and or proof of delivery (by the Supplier by way of an invoice/ proof of delivery) placed in the FlocknSave® system, the Buyer’s payment less the success fee will be transferred by FlocknSave® to Suppliers account within 5 working days. As part of Statement we will provide and invoice for the success fee value.
5.8.2 If a Buyer does not accept the goods for any reason the Supplier agrees that FlocknSave can and will refund the Buyer any money that has been paid for the said product on proof of return of the product to the Supplier.
6.0. Refund Policy:
6.1. Where a bank or credit card issuer requests a chargeback FlocknSave® will refund the Buyer funds held on the Suppliers behalf and the contract of sale will be dissolved.
6.2. Any reversals of payments are at the discretion of FlocknSave® at which time Buyer and Supplier will be advised immediately.
6.3 Should the Buyer not accept the product or service due Suppliers repeated failure to meet specification, quantity and or quality, the Supplier automatically gives permission for FlocknSave® to return the funds to the Buyer, once all said goods in the Buyers procession are returned to the Supplier. The Buyer agrees to give up Title of the goods once they have been returned.
6.4 If a Goods or Services have been successfully transacted and any issue arises it is between the Buyer and Supplier to resolve.
7.0 Warranty & Guarantees:
7.1.This is between Buyer & Supplier based on the Product Specifications, the quantity ordered and the winning Suppliers Terms and Conditions.
8.1. FlocknSave® is not in a trade with Buyer or Supplier and therefore will take limited part in dispute resolution. If a dispute cannot be resolved, Buyer’s and Supplier’s must seek resolution by arbitration. Any information required from FlocknSave® by the Buyer, Supplier or their representative concerning a particular transaction must be requested in writing.
9.0 Force Majeure:
9.1 FlocknSave® has no liability for lack of performance, unavailability, failure of service or failure to comply with the Terms & Conditions where failure arises from anything out of the control of FlocknSave®.
10.0 Account Details:
10.1 Supplier’s and Buyer’s must keep their account details up to date.
11.1. Buyer’s and Supplier’s use the site at their own risk.
11.2. FlocknSave® aims to provide reliable and secure services however we do not warrant services reliability or security.
11.3 FlocknSave® does not hold credit card details and is not responsible for protecting members from credit card fraud.
11.4 FlocknSave® does not guarantee error-free, non-interrupted or timely service.
11.5 Any information provided on the site should not be taken as advice and as such FlocknSave cannot be held accountable.
12.1. FlocknSave® uses AWS web services and SSL 28 Bit Encryption to provide optimal security.
12.2. Credit Card and Banking partners are PCI DSS compliant.
13.0 Governing Law:
13.1 Only New Zealand registered businesses may use the site and as such are governed by New Zealand law.
14.0 Intellectual Property:
14.1 FlocknSave® owns all proprietary and intellectual property including software, graphics, logos. It is illegal to plagiarise, adapt, commercialise or sell, copy, reproduce, store, distribute, display or create derivative alternatives of any parts of this website.
15.0 Message Boards:
15.1 May not be used to promote business or transactions outside of the FlocknSave® venue. Any opinions not posted by FlocknSave®, are not representative of the opinion of FlocknSave®. By posting a comment on the web site, the writer takes full legal responsibility for such comments.