Terms & Conditions

1. Ordering Products and/or Services

Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

When you place an order for a product and/or service on our Website (including subscriptions), you are offering to purchase that product and/or service from us. After you place an order, you will receive an email from us acknowledging that we have received your order and notifying you if we have accepted your order (Order Confirmation). Acceptance of your order and formation of an agreement between us will not take place unless and until you have received the Order Confirmation.

You will be taken to have placed your order when the electronic instruction containing the order from you enters and is recorded in our database and we receive payment in full from you for that order.

We reserve the right to not accept or to cancel any order from you (including any subscription) notwithstanding that you have paid (in whole or in part) for the order including, without limitation, where stock is not available, there has been an error in the advertised price or product/service description or if we believe (in our reasonable opinion) that the applicable order has been placed for commercial purposes, fraudulently or otherwise in breach of these Terms and Conditions of Sale. If we do so, we will attempt to notify you using the e-mail address you provide to us.

In the event that payment has been made and your order is not accepted by us and/or cancelled, we will refund the purchase price to you in full.

2. Price and Payment

Payment must be received by us in full prior to our acceptance of each order. We do not accept cash on delivery. Order processing is contingent upon card approval and may be delayed should we experience difficulties in obtaining authorisation.

You own the products once we have received payment in full, including all applicable delivery charges and we have delivered the products to you.

The prices of our products and services posted on this Website may change from time to time. The prices of our products and services will be as quoted on our Website at the time you submit your order.

Unless expressly stated otherwise, the price for a product and/or service advertised on our Website::

1. Does not include installation, extended warranties or delivery or handling charges;
2. Is in New Zealand Dollars; and
3. Includes GST.

We currently accept the following cards:

1. VISA;
2. MasterCard

We may offer other payment alternatives from time to time. Each time you submit credit or debit card or other payment information on this Website, you represent that:

1. You are authorised to use the credit or debit card or other payment account;
2. The information you supply to us is true, correct and complete;
3. Charges incurred by you will be honored by your credit or debit card company or other payment system provider; and

If an order appears fraudulent in any way, we reserve the right to cancel the order and notify the card holder and the proper authorities.

Spare parts orders can be placed by calling 0800 287 746 or email: parts@fp.co.nz

3. Replacement Parts and Installation

The most up to date edition of the applicable Product Use & Care Manual should be consulted prior to, and strictly followed in the course of, installation of any product. Download any of our Use & Care Manuals here.

If notified by us (for instance, in the applicable product Use & Care Manual) installation of replacement parts must be undertaken by a trained and supported Fisher & Paykel or other appropriately qualified or registered technician. To locate a trained and supported Fisher & Paykel technician go to our online booking form. You can also call 0800 287 746 for further information.

To the extent permitted by law we do not accept any liability whatsoever for any loss, costs or damage caused by using replacement parts which are not genuine replacement parts and/or replacement parts not being installed by a Fisher & Paykel technician.

1. Limitation on Use

This Website may only be used in accordance with these Website Terms and Conditions of Use (which may change from time to time), and for non-commercial purposes only.

We may stop the operation of the Website in full or in part at any time. We may change, suspend or end any service, or change and modify prices prospectively at our discretion. The Website or any related software on the Website is not a storage service. You agree that we have no obligation to store, maintain or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law.

You may use our Website only for lawful purposes and by using the Website, you agree that you will abide by all applicable federal, state and local law, rules and regulations, or the orders of any federal, state or local government. You may not use our Website:

• In any way that breaches any applicable local, national or international law or regulation
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
• For the purpose of harming or attempting to harm minors in any way

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Website
• Not to access without authority, interfere with, damage or disrupt:
• any part of our Website;
• any equipment or network on which our Website is stored;
• any software used in the provision of our Website; or
• any equipment or network or software owned or used by any third party

We do not guarantee that our website, any content on it or any service it provides will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our website for business or operational reasons.

2. Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Website Terms and Conditions of Use through your use of our Website. When a breach of these Website Terms and Conditions of Use has occurred, we may take such action as we deem appropriate.

Failure to comply with these Website Terms and Conditions of Use constitutes a material breach, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our Website;
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
• Issue of a warning to you;
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Further legal action against you; or
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

3. Changes to Website

We may update our Website from time to time, including without limitation, updating our prices and the products and services that are offered on our Website.

4. Intellectual Property

All intellectual property rights in this Website, and all derivative works based thereon, are owned by Fisher & Paykel or our licensors.

No part of this Website, including but not limited to, the trademarks, logos, names and product listings, may be copied, extracted or otherwise reproduced, in any form whatsoever, without the express written consent of Fisher & Paykel (and/or, if applicable, the licensor). You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

5. Links

This Website may contain hyperlinks to other websites. Those links are included for convenience only and we do not endorse the content of those third party websites. You understand that we do not operate or control the products or services offered by third party websites. Your access to and/or use of those websites is at your own risk. We make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to third party content including, without limitation, non-infringement of third party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Website or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.

6. Login Details and other Security Information

If account registration is available on our website and you choose to register and create your login, you will be asked to choose a password. You should choose a password that is a secret known only to you which cannot be easily guessed by anyone else.  You must not share your password with any third party. If you do share your password with a third party, that third party may be able to order Products apparently on your behalf, which may cause loss to you or other people and for which those other people may try to hold you responsible.

We are entitled to rely on the provision of your security information without further enquiry, as evidence of your identity, authority to use the relevant part of our Website and/or place orders. As a result, to the extent permitted by law, you accept responsibility for all activities that occur under your security information.

You agree to notify us immediately if you have any reason to believe that your password has become known to anyone else, or if your login is being, or is likely to be used in an unauthorized manner. Such notice will not release you from your obligations in relation to your login and password.

We may suspend or disable your login with or without notice if we believe that

1. suspending or disabling your login is necessary to maintain the integrity or security of the Website or any other service;
 
2. the login is being misused or has otherwise been compromised; or
 
3. you breach these Terms and Conditions.
 

1. Goods Not for Resale or Export

You agree to comply with all applicable laws and regulations of New Zealand. You represent and warrant that you are buying products or services from this Website for your own personal, family, or household use only, and not for resale or export.

2. No Waivers and Severability

Failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision.

If any provision of these Terms and Conditions is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and Conditions respectively and will not affect the validity or enforceability of the remaining provisions.

3. Amendment and Assignment

We may amend these Terms and Conditions from time to time You will be subject to the latest version of the Terms and Conditions in force at the time that you use our Website and/or place an order for products and/or services. Please ensure you review these Terms and Conditions carefully any time you place an order with us.

We may transfer our rights and obligations under any order accepted by us to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.

4. Governing Law

These Terms and Conditions are governed by the laws of New Zealand. This means any dispute or claim arising out of or in connection with them will be governed by the laws of New Zealand. You and we both agree that the Courts of New Zealand will have non-exclusive jurisdiction, subject to the terms set forth herein.