Please take the time to read these Terms and Conditions carefully. By using our website or placing an order online you will be deemed to have accepted our Website Terms and Conditions of Use and our Terms and Conditions of Sale. If you do not want to agree to these terms and conditions, you must not use or access our website.
Fisher & Paykel Appliances Limited Terms and Conditions
Effective from 2 April 2024.
THESE TERMS AND CONDITIONS OF SALE AND WEBSITE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) ARE ENTERED INTO BY AND BETWEEN YOU AND FISHER & PAYKEL LIMITED of 78 SPRINGS ROAD, EAST TAMAKI, AUCKLAND, NEW ZEALAND. (“Company”, “we”, “us”, “our”). THIS PAGE CONTAINS VERY IMPORTANT INFORMATION ABOUT US AND REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS AND/OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
THESE TERMS AND CONDITIONS GOVERN THE PURCHASE AND SALE OF PRODUCTS AND SERVICES THROUGH THIS WEBSITE AND YOUR ACCESS AND USE OF OUR WEBSITE INCLUDING FUNCTIONALITY, CONTENT, WHETHER AS A GUEST OR REGISTERED USER.
WHO WE ARE AND HOW TO CONTACT US
We operate the website https://www.fisherpaykel.com/nz/ "Website". We are Fisher & Paykel Appliances Limited, a company registered in New Zealand with our registered office at 78 Springs Road, East Tamaki 2013, Auckland.
If you have to contact us for any reason, including a concern or a complaint, please phone 0800 372 273 or email: customer.care@fisherpaykel.com.
If we have to contact you we will do so by phone, email or prepaid post to the contact number, or address you provide to us. If we have to give you notice in writing, we will do so by email or pre-paid post as above.
All information we collect is subject to, and only used in accordance with, our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
TERMS AND CONDITIONS OF SALE
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. When you place an order for a product subscription on our Website, you are offering to purchase that product from us at regular intervals until you cancel.
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 and in the event that payment has been made 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::
- Does not include installation, extended warranties or delivery or handling charges;
- Is in New Zealand Dollars; and
- Includes GST.
We currently accept the following cards:
- VISA;
- 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:
- You are authorised to use the credit or debit card or other payment account;
- The information you supply to us is true, correct and complete;
- 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 part, accessory and consumable orders can be placed by calling 0800 287 746 or email: parts@fp.co.nz. Large appliance orders can be placed by visiting our Website.
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 372 273 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.
SUBSCRIPTIONS
You may order certain products on a subscription basis if this is an option on the product page. This means your order will recur in accordance with your selected delivery timeframe. The subscription benefits as set out on the product pages form part of these Terms and Conditions.
We may change the subscription benefits, including the discount amounts on notice to you. We will notify you of any changes in price or description of products ordered under a subscription or any change in the subscription benefits at least 14 days prior to the changes taking effect. If you do not agree to the changes, you can cancel your subscription (without charge) by contacting us prior to the changes taking effect.
In order to maintain a subscription with us, you must register for an account and must promptly update that information (including credit card numbers and expiration dates and delivery addresses) as required so that the information remains true, current and complete.
The total subscription amount (including delivery) is set out on the order confirmation page and you will be billed in accordance with your delivery timeframe and section 2 of these Terms and Conditions. We will send you a reminder email prior to payment being deducted. If your payment fails, we will retry payment multiple times and if unsuccessful, your subscription will be cancelled.
You can cancel, or amend your subscription within your account portal at any time before the date of your next payment. If you choose to cancel your subscription before this point, it will cancel any future orders related to that subscription, and you will not be charged. If you do not wish to continue receiving products under a subscription, it is your responsibility to contact us, to let us know.
All communications relating to your subscription must be done via the contact us page on the Website. All returns will be subject to the Returns Policy.
RETURNS POLICY
If:
- any products are damaged in transit to you
- We have delivered the wrong product to you
- We have delivered the wrong quantity of products to you
- you wish to return a product you have ordered for any other reason,
You must contact us by phone on 0800 372 273 or for Spare Parts, accessories or consumables - email: parts@fp.co.nz or for large appliances - via Chat on the Website within 14 calendar days of delivery or such other timeframe as is reasonable in the circumstances.
Any product returns must be returned in original unused condition, complete with its original packaging, product literature (if any), etc.
Where a product has been delivered by us in error, please contact us on 0800 372 273 and advise whether you are calling about a spare part or large appliance when prompted, within 48 hours of delivery.
Where a product has been damaged in transit to you we will bear the shipping costs to return the product and we will provide a full refund.
Where a product has been returned because you have changed your mind or ordered the wrong item you are responsible for the return delivery costs. These charges will be advised when you contact us. All monies paid by you will be refunded provided that we may deduct a cancellation fee of 10% of the monies paid up to a maximum of $500.00. You acknowledge that this cancellation fee represents the costs incurred by us in cancelling an order. We will not deduct the cancellation fee where you are not at fault.
For Spare Parts, accessories or consumables Only: When you contact us about your return, we will provide you with Authorised Product Return (APR) documentation and any additional information that may be required to facilitate return delivery to us. This APR documentation must be returned with your product. We cannot process or refund packages marked "Return to Sender" or any other packages not marked with an APR issued by us.
After we receive your return, we will process the return and issue any applicable refunds as soon as commercially reasonable under the circumstances of the return.
All refunds will be issued to the same credit card that was charged when ordering the product.
Nothing in this Returns Policy is intended to limit your rights under the Consumer Guarantees Act 1993.
CANCELLATION
You may cancel an order at any time no later than 14 days prior to your requested delivery date and we will refund all monies paid by you provided that we may deduct a cancellation fee of 10% of the amount paid for the product up to a maximum of $500.00. You acknowledge that this cancellation fee represents the costs incurred by us in cancelling an order. We will not deduct the cancellation fee where you are not at fault.
If the model of any product is discontinued or superseded and/or not available for delivery on your requested delivery date, we will notify you. We may propose an alternative model of equivalent or superior standard, and any change to the price for the model change. If you accept this proposal your order will be varied accordingly. If you do not accept any proposed model change or if there is no equivalent model available your order will be cancelled and all monies paid will be refunded to you with respect to the relevant product(s).
If you do not accept delivery on the delivery date or within 365 days of the order placement date, we may give you 10 days notice of cancellation of your order. If you do not accept delivery within the notice period, we will cancel the order on expiry of that period and all monies paid by you will be refunded provided that we may deduct a cancellation fee of 10% of the amount paid for the product up to a maximum of $500.00. You acknowledge that this cancellation fee represents the costs incurred by us in cancelling an order. We will not impose the cancellation fee where you are not at fault.
DELIVERY POLICY
1. Delivery
Where delivery is available in your area and you request delivery, we can deliver your order to any home or business address in New Zealand where someone will be available to sign for the receipt of your products (they must be over 18). Delivery will be to the address specified in your order. For spare parts and accessories orders only, if no one is present to receive the product, it will be left at your address.
Delivery of an order shall be completed and all risk in the products (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the address you gave us.
Unfortunately, we cannot deliver products to PO Boxes.
Generally, we deliver products via our chosen carrier who will contact you directly regarding your delivery.
Delivery time and price may vary depending on things such as location and the product purchased. If you order large or bulky items, we, or our one of our chosen carriers, will contact you to confirm delivery date.
Customers should carefully consider the accessibility of their space when making their purchase.
- The products we sell are often big and heavy things to lift, so there will be certain occasions when we may be unable to get a product into your property.
- Limitations on access to your delivery address such as steps, narrow or steep accessways, and restricted parking are all things that may hinder our ability to deliver to you. Please ensure you clearly advise us of any such limitations. Additional charges may apply.
- If we are unable to deliver to your delivery address or you do not accept additional charges due to access issues, we will give you a full refund.
- If you are replacing an existing product, please check carefully that your new product will fit in any existing cabinetry or space as there may be charges to return your product.
We are not liable for any delay or failure to deliver products if the delay or failure is caused by circumstances beyond our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
In the event you wish to follow up on any Spare parts, accessory or consumables order, please contact us on 0800 287 746 or email: parts@fp.co.nz.
If you wish to follow up on any large appliances order, please contact 0800 372 273.
You agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to you, even without a signature.
ADDITIONAL SERVICES
The charges (if any) for additional services are clearly laid out throughout the order process and will be displayed on the checkout page when you place your order.
If we are replacing your old appliance, please disconnect, defrost if necessary and ensure all water, laundry and other personal items are removed from the appliance before we arrive.
Connection
Connection is available on freestanding and integrated refrigerators, dishwashers and laundry products.
- Connection means unboxing a product and removing product packaging, placing the product in the desired location and connecting the product to an existing power point and (if applicable) connecting hoses to existing taps and drainage, levelling and balancing the product.
- We cannot modify cabinetry or benchtops or make changes to electrical, plumbing or gas connections.
- Connection excludes changes to fridge door hinges in order to swap door opening sides.
- Connection does not include wall mounting of dryers. We can stack a dryer on a washing machine provided the correct stacking kit is available at the time of delivery.
- If your new product is to be connected in an existing cavity your old appliance must be fully disconnected and removed from that cavity. We cannot disconnect appliances from any power, water or gas supplies.
Removal
If you select removal for your old appliance you must ensure your old appliance is disconnected, empty of all items such as clothes and food and clean.
WEBSITE TERMS AND CONDITIONS OF USE
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
- suspending or disabling your login is necessary to maintain the integrity or security of the Website or any other service;
- the login is being misused or has otherwise been compromised; or
- you breach these Terms and Conditions.
MISCELLANEOUS
We will not be liable or responsible for a delay in performing, or a failure to perform, any of our obligations under these Terms and Conditions or any accepted order if such delay or failure results from events, circumstances or causes beyond our reasonable control. In such circumstances our obligations will be suspended and we shall be entitled to a reasonable extension of the time for performing such obligations.
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.