Fisher & Paykel Appliances, Inc.
United States Online Terms and Conditions
Effective from February 2016.
It is important that you read these Terms and Conditions carefully. By using our Website or ordering Products or Services, you will be deemed to have accepted these Terms and Conditions.
We operate the Website https://www.fisherpaykel.com/us/. We are Fisher & Paykel Appliances, Inc. (the “Company”), a company registered in California under entity number C1903607 and with our registered office and main trading address at 695 Town Center Drive, Suite #180, Costa Mesa, CA92626-1902, United States of America.
If you would like to contact us for any reason, including because you have any complaints, please phone 1-888-936-7872 or email: firstname.lastname@example.org or email@example.com or fax: 1-800-547-1971.
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.
We amend these Terms and Conditions from time to time. Please look at the top of this page to see when these Terms and Conditions were changed. You will be subject to 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.
These Terms and Conditions are governed by the laws of the State of California. This means any dispute or claim arising out of or in connection with them will be governed by the laws of the State of California. You and we both agree that the Courts of Orange County, California will have non-exclusive jurisdiction.
If a court of competent jurisdiction rules that any part of these Terms and Conditions are unenforceable for any reason, then such ruling will not affect the remaining provisions of these Terms and Conditions which will remain in full force and effect.
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.
1. Ordering Products and/or Services
You must live in the United States and be 18 years or over to place an order on 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 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. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason.
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 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 subject to our Cancellation and Returns Policy.
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 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. Order processing is contingent upon card approval and may be delayed should we experience difficulties in obtaining authorization.
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.
Unless expressly stated otherwise, the price for a Product and/or Service advertised on our Website:
(a) Does not include installation, any accessories, replacement parts, extended warranties or delivery or handling charges;
(b) Is in United States Dollars; and
(c) Is exclusive of sales tax.
We currently accept the following cards:
(a) VISA credit;
(b) VISA debit;
(c) American Express;
(d) MasterCard credit;
(e) MasterCard debit;
(f) Diners credit; and
(f) Discover credit.
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:
(a) You are authorised to use the credit or debit card or other payment account;
(b) The information you supply to us is true, correct and complete;
(c) Charges incurred by you will be honoured by your credit or debit card company or other payment system provider; and
(d) 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.
Telephone orders can be placed by calling 1-888-936-7872.
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. To download any of our Use & Care Manuals click here.
Only genuine replacement parts must be used in any Product.
If notified by us (such as, in the applicable Product Use & Care Manual) installation of replacement parts must be undertaken by an authorised Fisher & Paykel or other appropriately qualified or registered technician. To locate an authorised Fisher & Paykel technician call 1-888-936-7872 or to obtain further information Click here. 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 an authorised Fisher & Paykel technician (where we have advised that an authorised Fisher & Paykel technician is required) or other appropriately qualified or registered technician.
1. Right to cancel
You have the right to cancel this contract within 14 days from the date you place your order with us without giving any reason.
Products that are opened, used, damaged or do not have a receipt may be denied a refund. Returned Products will not be accepted unless they are in brand new condition with all packaging, product literature and warranty cards in the exact condition as received. Returned Products must be sealed/unopened, with packaging in original condition and accompanied by a valid receipt.
To exercise the right to cancel, you must inform us of your decision to cancel by Phone: 1-888-936-7872 or email: firstname.lastname@example.org or email@example.com or fax: 1-800-547-1971. If you are emailing us or writing to us please include details of your order to help us identify it. We will provide you with further instructions on how to return your Product.
2. Effects of cancellation
If you cancel this contract, we will refund the purchase price. Shipping and delivery costs will not be refunded for a change of mind return.
We will make the reimbursement without undue delay.
We will make the reimbursement using the same means of payment as you used for the initial transaction. We may withhold reimbursement until we have received the Products back.
Any small items such as spare parts must be sent back or hand delivered to us at Fisher & Paykel Appliances, Inc., Fisher & Paykel 2100 Danieldale Road, Suite 140, Lancaster, Texas 75134 without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the Products before the period of 14 days has expired. You will have to bear the direct cost of returning the item.
We will collect large item returns such as appliances (e.g. dishwashers or refrigerators) from the address to which they were delivered. We will contact you to arrange a suitable time for collection. We will bear the cost of returning such appliances.
Please note, as a consumer, you will always have legal rights in relation to Products and Services that are faulty or not as described. These legal rights are not affected by the above. Advice about your legal rights is available from your local Better Business Bureau (BBB.org).
Products Damaged in Transit
If any Products are damaged, you must contact us on phone 1-888-936-7872 or email: firstname.lastname@example.org within 24 hours of delivery. Once the damage has been verified your return will be processed. The Product must be returned in original unused condition, complete with its original packaging, product literature, etc.
If you have any queries, problems or concerns about a Product or Service, please contact us on phone 1-888-936-7872 or email: email@example.com.
We deliver to any address throughout the United States. We cannot deliver to a Post Office Box or APO/FPO addresses. If you order large or bulky items, 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 and the Product that you have purchased. If you order large or bulky items, 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. It is the responsibility of the home owner to verify fit and we will not take responsibility for Products that will, 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, there will be a charge to ship the product back to us and to restock it. Customers should carefully consider the navigability 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 closed roads. 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 US address specified in your order. If your order is one where someone must be available to sign for receipt and 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 your order is not one where someone must be available to sign for receipt, your item will be left at the relevant 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.
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.
You agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to you, even without a signature.
2. 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.
Unfortunately we are not able to offer installation or removal at this stage.
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.
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.
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 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.
- 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;or
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
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 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 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.
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.
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
Depending on which aspects of our Website you use, we may provide personalized 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.
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.
Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.