Fisher & Paykel Appliances Limited Terms and Conditions for Sales to Staff, Friends & Family
Effective from November 2020.
These terms and conditions for sales to staff, friends and family and website terms and conditions of use (“Terms and Conditions”) are entered into by and between you and Fisher & Paykel Appliances Limited of 78 Springs Road, East Tamaki, Auckland 2013, 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 or services from us including by using 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 our Website or any of our Website’s contents, products or services by applicable law.
These Terms and Conditions govern your access and use of our Website including functionality, content, and services offered on or through our Website, whether as a guest or registered user, and apply to the purchase and sale of products and services through our Website. By using our Website or ordering products or services, you will be deemed to have accepted these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not use or access our Website.
TERMS AND CONDITIONS FOR SALES TO STAFF, FRIENDS & FAMILY
1. Creating a login
You must register to use the Website by creating a login. You can do this by following the registration process on the Website.
When you 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 or services 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.
When your login has been entered correctly into our Website, we are entitled to rely on that 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 unauthorised manner. Such notice will not release you from your obligations in relation to your login.
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.
2. Ordering products and/or services
In addition to meeting the eligibility criteria set out in our Employee Purchase Policy, you must be 18 years or over to place an order from us, including through our Website. As long as you meet this criteria, you may place an order:
- if you are a Fisher & Paykel employee, for yourself or on behalf of your immediate friends and family;
- if you are an immediate friend or family member of a Fisher & Paykel employee and have been referred by that employee in the manner set out in our Employee Purchase Policy, for yourself.
When ordering through our Website, 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 from us, including through 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 it 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. If we reject, limit or otherwise modify your order, we will attempt to notify you using the email address you provide to us.
We reserve the right not to accept any order notwithstanding that we have 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 subject to any applicable sections of our Returns Policy.
We only supply products and services for domestic and private use. To the extent permitted by law, you agree not to use the products or services for any commercial, business or resale purposes, and we have no liability to you or anyone else 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 and any accepted order placed by you.
We will not be liable or responsible for delay in performing, or 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.
3. 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.
When ordering through our Website, 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, any accessories, replacement parts, extended warranties or delivery and 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 our 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 honoured 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: email@example.com.
4. 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: https://producthelp.fisherpaykel.com/nz.
Only genuine replacement parts should be used in any product.
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 or use our online chat function available here 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 that 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).
5. Manufacturer’s Warranties
Please see our Website here for further information on the manufacturer’s warranties that may be available in relation to our products and services.
6. Returns Policy
If you are dissatisfied with an order, you may return it to us, provided the product qualifies for return as set out in this Returns Policy. To qualify for a return a product must:
- have been purchased from us through our Website or by telephone within 30 calendar days of the date you submit the product for return to us;
- be cased within its original complete packaging, with all product literature and in good, resaleable condition;
- if the product is an electronic controller, the factory package seal must be unbroken when returned to us; and
- be shipped to us with an Authorised Product Return (APR) number provided by us after you contact us using the contact details in this Returns Policy.
To organise a return of product, please contact us at OnlineSales@fisherpaykel.com. Our team will then respond and send you the required paperwork for the return to be completed and returned to our warehouse. Once the product has been returned we will assess it and arrange for the relevant refund to be processed as soon as commercially reasonable if the criteria of this Returns Policy are met.
We reserve the right to charge a restocking fee in respect of qualifying returns. The restocking fee is a flat rate of $120 per order, which reflects our logistics, freight and administration costs in restocking the product.
Products are at your risk until we receive them back.
If a product does not meet the above criteria we will not accept it for a return unless:
- we have made an error with your order;
- a product has been damaged in transit (in which case the Products Damaged in Transit section below will apply); or
- we are required by law to accept them for return.
Products damaged in transit
If any products are damaged in transit to you, you must contact us at OnlineSales@fisherpaykel.com within 24 hours of delivery or such other timeframe as is reasonable in the circumstances. Once the damage has been notified to, and verified by, Fisher & Paykel, your return will be processed. The product must be returned in original unused condition, complete with its original complete packaging, product literature etc.
If you have any queries, problems or concerns about a product or service, please contact us on phone 0800 372 273 or email: firstname.lastname@example.org or email@example.com.
Nothing in this Returns Policy affects any rights you may have pursuant to applicable law.
7. Shipping Policy
We will arrange for shipment or delivery of the products to you at any address throughout New Zealand (subject to us reasonably being able to deliver to that New Zealand address). We cannot deliver to a Post Office Box address. You must provide a delivery address where someone will be available to sign for the receipt of your products.
Delivery time and price may vary depending on your location, the product that you have purchased, available shipping options, and shipping options selected by you. We will contact you to arrange delivery and an estimated delivery date.
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. Lots of steps, narrow corridors, radiators and restricted parking are all things that may hinder our ability to deliver. In these situations, we may be able to offer delivery to the nearest point possible e.g. your garage, so you can make arrangements to get the product in. If not, we will attempt another delivery date or give you a full refund. It is the responsibility of the homeowner to verify fit and we will not take responsibility for products that will not, upon arrival, not fit through a door, hallway, etc. Please be advised, if a product needs to be exchanged or returned due to a fit issue, we reserve the right to charge a restocking fee of $120 (flat fee) that reflects our logistics, freight and administration costs in restocking the product. Products needing to be exchanged or returned due to a fit issue must also be cased within their original complete packaging, with all product literature and in good, resaleable condition. Customers should carefully consider the accessibility of their space when making their purchase. Occasionally, something will happen out of our control such as floods, snow or other adverse weather conditions or things like sporting events which result in road closures. We will do what we can, but disclaim any liability if delivery cannot be fulfilled due to reasons beyond our control.
Delivery will be to the New Zealand address specified in your order. If no one is available at the time of delivery, we will leave you a note that the Products have been returned to our depot, in which case, please contact us to rearrange delivery.
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 the products are delivered to the address you gave us.
We shall be under no liability 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.
8. Additional services
When ordering through our Website, 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.
Unfortunately, we are not able to offer installation or removal in all areas or for all products at this stage. Please check our Website or your order form to confirm whether installation and/or removal is available in your area for your products.
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.
9. 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.
10. 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.
11. 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, including 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.
12. 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.
WEBSITE TERMS AND
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
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including,
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
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, products and services and the terms and conditions on which we sell products and services to you.
All of the following limitation of liability and disclaimer clauses are to the extent permitted by law.
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 Website 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 relating to the function of our Website including, without limitation, 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. To the extent permitted by law, 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 that 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 or Services 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 unauthorised manner. Such notice will not release you from your obligations in relation to your login and password.
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, to the extent permitted by law, 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.