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 August 2020.
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.
WHO WE ARE AND HOW TO CONTACT US
We operate the Website https://www.fisherpaykel.com/nz/. 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 a query regarding a spare part, please phone 0800 287 746 or email: firstname.lastname@example.org or email@example.com.
If you have to contact us for any other reason, including a concern or a complaint, please phone 0800 372 273 or email: firstname.lastname@example.org or email@example.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.
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, 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. Acceptance of your order and formation of the contract of sale between us will not take place unless and until you have received the above mentioned confirmation email. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason and at our sole discretion.
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 any order from you including, without limitation, where stock is not available, there has been an error in the advertised price or product/Service description on our Website 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 reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us.
We reserve the right not to accept any order notwithstanding that we had charged you for the order. 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.
We only supply products and services for domestic and private use. You agree not to use the products or services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We must supply products that are in conformity with these Terms and Conditions of Sale and any accepted order placed by you.
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.
The prices of the products and services will be as quoted on our Website at the time you submit your order. All prices posted on this Website are subject to change without notice.
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:
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
- You will pay charges incurred by you at the current advertised prices, including all applicable taxes, if any.
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: firstname.lastname@example.org
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.
Only genuine replacement parts must be used in any Fisher & Paykel appliance.
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. 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 trained and supported Fisher & Paykel technician or other appropriately qualified or registered technician (where we have advised that such technician is required).
- any products are damaged in transit to you
- We have shipped the wrong product to you
- We have shipped 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 0800 287 746 or email: email@example.com within 7 calendar days of delivery.
Any product returns must be returned in original unused condition, complete with its original packaging, product literature (if any), etc.
Where a product is returned because we have made an error, or it 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 shipping costs.
When you contact us about your return, we will provide you with an Authorised Product Return (APR) documentation and any additional information that may be required to facilitate return shipping to us. This APR documentation must be returned with your product.
We will not accept or process any returns that do not contain the APR documentation. 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.
Fisher & Paykel cannot process or refund packages marked "Return to Sender" or any other packages not marked with an APR issued by us as required above.
All refunds will be issued to the same credit card that was charged when ordering the product.
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).
Unfortunately, we cannot deliver products to PO Boxes.
Generally, we ship products via our chosen carrier who may contact you directly regarding your delivery.
Freight and handling charges apply to all orders and such charges will be displayed during the checkout process.
We aim to deliver products within 10 days of the time of your Order, but we can’t absolutely guarantee firm delivery dates or times. We will try to let you know if we expect to be unable to meet our estimated delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
In the event you wish to follow up on any order, please contact us on 0800 287 746 or email: firstname.lastname@example.org
You agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to you, even without a signature.
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. Limitation of Liability; Disclaimers
Our Website tells you about Fisher & Paykel, our business and products and services and the terms and conditions on which we sell products and services to you.
WHILE WE ENDEAVOUR TO PROVIDE ACCURATE AND UP TO DATE INFORMATION, ERRORS AND OMISSIONS MAY OCCUR. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES ON THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS (OR ANY SIMILAR THREATS) AND/OR AVAILABILITY. WE DO NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Nothing in these terms and conditions is intended to exclude any rights that you may have under any relevant law.
The negation of damages set forth above are fundamental elements of the basis of the bargain between you and us. This Website and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Website shall create any warranty, representation or guarantee not expressly stated in this agreement.
4. 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.
5. 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.
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.
7. 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.
BY USING OUR WEBSITE AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD FISHER & PAYKEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OUR PRODUCTS OR SERVICES, OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM FISHER & PAYKEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO ITS WEBSITE, PRODUCTS OR SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FISHER & PAYKEL’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
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, Severability and Entire Agreement
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 amend these Terms and Conditions from time to time without prior notice, in our sole discretion. Please look at the top of this page to see when these Terms and Conditions were changed. 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 via our Website.
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.