Terms & Conditions

WHO WE ARE AND HOW TO CONTACT US

We operate the website /uk/ (the “Website”). We are Fisher & Paykel Appliances Ltd (“we”, “us”, “our”), a company registered in England and Wales under company number 3957638 and with our registered office and main trading address at 420 Cob Drive, Swan Valley, NORTHAMPTON NN4 9BB. Our VAT number is 727 4123 46.

Fisher & Paykel’s connected appliances connect with the SmartHQ Application (“Application”). Your use of the Application is subject to the SmartHQ Terms and Conditions. Please take time to read the SmartHQ Terms and Conditions. All personal information collected through the Application is subject to, and only used in accordance with, SmartHQ Privacy Policy. Please take the time to read the SmartHQ Privacy Policy as it includes important terms which apply to you. Purchases in the United Kingdom through the Application is with Fisher & Paykel Appliances Limited, and Haier U.S. Appliance Solutions, Inc. D/B/A Ge Appliances (“GEA”) is not a party to any transaction and has no liability for the supply under any such purchase or transaction. To the extent there is any inconsistency between these terms and the Terms of Use and End User Licence Agreement in respect of a purchase, these terms shall apply.

If you would like to contact us for any reason, including because you have any complaints, please phone 08000 886 605 or email ccc.ukcustomercare@fisherpaykel.com.

We always try to resolve issues promptly and directly with our customers. If you have any issues, please contact us and our team will be happy to assist.

If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us.

1. ORDERING PRODUCTS AND/OR SERVICES

You must be a United Kingdom resident and 18 years or over to place an order on our Website or through the Application.

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 stage of the order process.

When you place an order for a Product and/or Service on our Website or through the Application (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 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 or through the Application, you are offering to purchase that Product from us at regular intervals. Once we accept your order for a subscription and a contract comes into force as described above, the contract will continue indefinitely until you cancel. Until you cancel your subscription, you will continue to be charged for Products delivered to you in accordance with your chosen delivery frequency.

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 any subscription), 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 Application 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.

We reserve the right not to accept any order from you (including any subscription) 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 subject to our Cancellation and Returns Policy.

If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

We only supply the 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 have a legal duty to supply goods and services that are in conformity with our contract with you and all applicable laws and regulations. In particular, the Consumer Rights Act 2015 requires that our goods are as described, of satisfactory quality and fit for purpose, and that our services are as described and provided with reasonable skill and care. If you experience a problem, please contact us and we will tell you what to do next. Depending on the circumstances, you may have a right to a replacement or refund or to have services re-performed.

We do not in any way exclude or limit our liability for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Breach of your legal rights under the Consumer Rights Act 2015 and the Sale of Goods Act 1979;
• Defective Products under the Consumer Protection Act 1987;
• Any liability that cannot legally be excluded or limited.

1. RIGHT TO CANCEL

In most cases, you have the right to cancel your contract for the supply of Services and/or Products within 14 days without giving any reason, as set out below.

In the case of a contract for the supply of Services, the cancellation period will expire in 14 days, starting the day after the date of the Order Confirmation for such Services.

In the case of a contract for the supply of Products, the cancellation period starts on the date of the Order Confirmation for such Products and will expire:

1. in 14 days, starting the day after the day on which you, or a person identified by you, acquires physical possession of the Products;
2. unless the contract is for multiple Products delivered on different days, in which case the cancellation period will expire in 14 days, starting the day after the day on which you, or a person identified by you, acquires physical possession of the last of the Products in the relevant order;
3. unless the contract is for an order of Products on a subscription basis, in which case the cancellation period will expire in 14 days, starting the day after the first delivery of the Product.

To exercise the right to cancel, you must inform Fisher & Paykel Appliances Limited using one of the following methods (“Cancellation Methods”):

1. writing to: 420 Cob Drive, Swan Valley, NORTHAMPTON NN4 9BB;
2. phoning: 08000 886 605;
3. emailing: ccc.ukcustomercare@fisherpaykel.com; or
4. cancelling or amending your subscription in your account portal.

If you are emailing or writing to us, please inform us of your decision to cancel this contract by a clear statement and include details of your order to help us identify it. You may use the example model cancellation form, but it is not obligatory.

To meet the 14-day cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

For hygiene reasons, we cannot accept returns of Products that have been unsealed or used after delivery. We consider a Product to be “unsealed” where any transparent film, plastic wrapper, security sticker or other seal has been broken or removed from the Product or its packaging. Although you cannot return these Products because you have changed your mind, this does not affect your legal rights if there is something wrong with the Product.

If you have purchased Products on a subscription basis but you have unsealed the Products after delivery or the 14-day cancellation period for an order has expired, you can no longer cancel the order for the Products you have already received as part of your subscription and you will not be entitled to a refund for these Products (including for any delivery charges). However, you may cancel your subscription for future orders by contacting us (using one of the Cancellation Methods above) at any time before the date of your next payment. If you do this, your subscription will end and you will not receive or be charged for any further deliveries of the Products.

1. DELIVERY

We deliver to any home address throughout the United Kingdom excluding the Scottish Highlands, Scottish Islands, Channel Islands, the Isle of Man, Isle of Wight and Northern Ireland. We cannot deliver to a Post Office Box. You must provide a delivery address where someone will be available to sign for the receipt of your Products.

Delivery time and price will vary depending on your location and the Product that you have purchased.

We usually aim to deliver within 14 days, but we will provide you with an estimated delivery date when you place your order and/or 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 it 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 i.e. 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. 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 closed roads. If your delivery is affected, we'll contact you as soon as possible to arrange alternative delivery options. We will do what we can, but can’t be held liable if we can’t fulfil delivery due to reasons beyond our control.

Delivery will be to the UK 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.

If we miss the delivery deadline for any Products then you may cancel your order straight away if any of the following apply:

• We have refused to deliver the Products;
• Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
• You told us before we accepted your order that delivery within the delivery deadline was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so in accordance with the above paragraph, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

If you do choose to cancel your order for late delivery under either of the two paragraphs above, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid us for the cancelled Products and their 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 they are delivered to the address you gave us and signed for.

Please contact us by phone on 08000 886 604 or email: UKdeliveries@fisherpaykel.com if Products are damaged or lost in transit.

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.

1. LIMITATION ON USE

This Website may only be used in accordance with these Website Terms and Conditions of Use, and for non-commercial purposes only.

You may use our Website only for lawful purposes. 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 in contravention of the provisions of these Website Terms and Conditions of Use.
• 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.

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;
• 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

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:

1. expressly exclude all guarantees and warranties, whether express or implied, relating to our Website, including, without limitation, any implied warranty of fitness for a particular purpose, freedom from computer virus’ (or any similar threats) and/or availability; and
2. exclude any liability, whether in contract, tort (including negligence) or otherwise, for any direct, indirect or consequential loss, costs or damage caused by or in connection with our Website.

Without limiting the foregoing, you acknowledge that, given the nature of the internet, we cannot guarantee that any data transmission is totally secure, free from viruses, fault or other risks associated with use of the internet which could damage or interfere with your computer systems and we cannot ensure the security of any content or information you transmit via the Website. You must take your own precautions to address such risks.

If you are using our Website or any of our Products and/or Services for personal or domestic use, nothing in these Terms and Conditions is intended to exclude any rights that you may have under any relevant law.

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 (or, if applicable, the licensor).

6. 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. Your access to and/or use of those websites is at your own risk.

7. LOGIN DETAILS AND OTHER SECURITY INFORMATION

Depending on which aspects of our Website you use, we may provide personalised security information for the Website, including without limitation, any login and/or username to you from time to time. You must treat all such security information as strictly confidential, and not disclose it to anyone. Any such security information which is generated by us and supplied to you remains our property.

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 security information has become known to anyone else, or if your security information 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 security information.