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Terms & Conditions of Sale

STANDARD TERMS & CONDITIONS OF SALE

KITCHEN THINGS NZ LIMITED

TERMS AND CONDITIONS OF ONLINE SALE

These are the terms and conditions that apply when you purchase products from Kitchen Things New Zealand Limited (company number 2159703) (“we”, “us” or “our”) from our website.

1. Pricing

1.1 Our displayed product prices are in New Zealand Dollars and include GST, unless otherwise indicated.

1.2 Our displayed prices exclude freight and handling charges which will be added to the total price for your order.

1.3 Our displayed prices may change from time to time.

2. Product Descriptions

2.1 We update our online shop regularly. We will do our best to ensure, but cannot promise, that the information displayed on our online shop will always be correct.

2.2 Our online shop includes images for illustrative purposes, but we cannot promise that any image will always reflect or portray the full design or options relating to that product.

3. Placing Your Order

3.1 You must be at least eighteen years of age to place an order on this online shop.

3.2 Any order or purchase made by you using this website is an acknowledgement by you that you are over the age of eighteen years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms.

3.3 Registration is required prior to submitting an order through our website. Please see clause 16 for details on how to register.

3.4 We do not supply trade quantities and reserve the right to limit the number of an item you can purchase in a single transaction.

3.5 You may place your order by clicking on the ‘Add to Cart’ button alongside the products of your choosing on this online shop. Once your selected products are in your virtual ‘shopping cart’, click on the ’My Cart’ link and follow the on-screen prompts to complete your purchase. When you place your order and payment is received, we will issue you with an email confirmation of your order details. A valid email address is required when ordering through our online shop.

3.6 By placing an order, you make an offer to us to purchase the products you have selected based on these terms.

3.7 We will notify you that your order is being processed by sending you an Order Confirmation indicating that the products have been fully paid by email. However, we do not formally accept your offer until your order has passed our internal validation procedures for verifying each order placed and availability of products ordered.

3.8 We will confirm acceptance of your order when we send you an email confirming shipment of the products you have ordered. If we cannot process or accept your order after payment is received, we will contact you by email or telephone.

4. Payment Methods and Processing

4.1 We currently accept Visa and MasterCard only.

4.2 We process credit card payments after you place an order in accordance with clause 3.

4.3 For security reasons we reserve the right to decline any credit cards issued by banks outside of New Zealand.

4.4 You may be required to provide further identification for additional security reference checks.

5. Delivery

5.1 Delivery costs will be displayed either as you proceed to add products or after you have entered your postcode at the checkout.

5.2 Delivery prices may change from time to time. Delivery costs are influenced by the size and weight of the products and your location.

5.3 Subject to our obligations under the Consumer Guarantees Act 1993 (CGA), we will endeavour to process all orders on this online shop within 1 working day, however due to circumstances out of our control this may not occur. If there are any unforeseen delays, you will be contacted.

5.4 Orders will be shipped to you by a courier service of our choosing.

5.5 Subject to our obligations under the CGA, and clauses 9 and 10, all risk of loss or damage to the products passes to you when we dispatch the products. Title to the products passes once full payment for the products is received by us.

6. Consumer guarantees

Our products come with consumer guarantees under the CGA. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. You agree and acknowledge that if you acquire, or hold yourself out as acquiring, the products for business purposes in terms of section 43(2) of the CGA, then the CGA does not apply.

7. Warranties

7.1 Unless otherwise specified by us from time to time (including but not limited to any information provided to you on a warranty card, service bulletin or the newsletter), our products have a two-year warranty on spare parts and labour. We reserve the right to vary the warranty period from time to time.

7.2 Subject to clause 6, all conditions, descriptions, representations, warranties and guarantees, whether express or implied, by statute, trade or otherwise, in relation to the products are expressly excluded to the maximum extent permitted by law.

7.3 Subject to clause 6, we do not accept responsibility for any loss, damage, any consequential indirect or special damage or loss of any kind whatsoever however caused (including through negligence), which you may directly or indirectly suffer in connection with your purchase of our products and services from this online shop. We acknowledge that you do not accept responsibility for any loss, damage, any consequential indirect or special damage or loss of any kind whatsoever however caused (including through negligence), which we may directly or indirectly suffer in connection with your purchase of our products and services from this online shop.

8. Cancellation Policy

8.1 If you wish to cancel your order with us, you must do so at least 24 hours prior to any agreed or estimated delivery date. In most cases, a refund of your deposit will be credited to you to the same card used to pay for the product within 10 working days after we have received notification of the cancellation. If the stock has already arrived from the supplier, a 20% restock fee will apply.

8.2 Cancellations may only take place prior to you receiving the products. If you wish to return a product after you have received it, our Returns Policy applies.

9. Returns Policy

9.1 Nothing in this clause 9 affects the rights you have under the CGA.

9.2 All orders placed through our website are subject to a 14 day Returns Policy. This means that any product purchased from our online shop is eligible to be returned up to two weeks after delivery given that the item is unused, in the same condition as when you received it, and in the original packaging.

9.3 You may not be eligible to return your product if the item; (a) has signs of use; (b) is not in original condition; (c) is damaged or is missing parts for reasons not due to our error; (d) has been in your possession for more than 14 days after delivery.

9.4 You must inspect each product thoroughly upon delivery. If on your initial inspection, any product has apparent defects or is missing parts and you wish to return it, you must report this within 24 hours from delivery to the service team at [e-mail].

9.5 All shipping costs associated with returning a product under this clause 9 are the responsibility of the customer. Any damage or loss to the product being returned while in transit is at the customer’s risk.

9.6 To find out if you are eligible to make a return, please contact a member of staff at customerservice@jonesfamilybusiness.co.nz.

10. Refund Policy

10.2 Refunds can only be granted after products have been received and inspected by us. If you have changed your mind and returned the product, the product must be received by us in unused and resalable condition to be considered for a refund. A 20% restock fee will apply.

10.3 If the returned product is deemed in our reasonable discretion to be in unacceptable condition as per the Returns Policy as stated in clause 9.3(a) – (c), you will be notified by e-mail regarding the rejection. You will then be liable to pay the return shipping cost for this item to be returned to you.

10.4 If the returned product is deemed in our reasonable discretion to be eligible for a refund as per the Returns Policy as stated in clause 9.3, you will be contacted by our team. Following this, your refund will be processed, and a credit will be applied to the same card used to purchase the relevant product within 10 working days.

10.5 If the returned product has apparent defects upon inspection by our service team, and you have reported this within 24 hours of the product being received by you – a customer services representative will be in touch to discuss exchange or refund options. If the product is faulty and you reported this outside the 24 hours timeframe, you may have remedies under the CGA or our warranty. For your remedies under our warranty, please refer to the warranty card or contact a member of staff at customerservice@jonesfamilybusiness.co.nz.

11. Privacy Policy

Any personal information will be collected, held and used in accordance with our Privacy Policy located on our website.

12. Security of information

Whilst we use our reasonable endeavours to protect the security of transmission of information over the Internet, we do not guarantee or warrant that any transmission of any data over the Internet as totally secure. Accordingly, any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any person. Please refer to our Website Terms of Use for more information.

13. Limitation of Liability and Indemnity

13.1 Subject to any terms stipulated in our warranty or these terms, and the rights consumers have under the CGA, our liability for the loss or damage or injury arising directly or indirectly from any defect of the products supplied is limited to replacement or repair of the products, or to damages not exceeding the price actually paid for such products at our option. We are not liable for any loss, damage, or injury caused by improper or incorrect operation or use of the products supplied. We are not liable for any consequential indirect or special damage or loss of any kind whatsoever.

13.2 To the extent permitted by law, where the products are supplied in trade within the meaning of the Fair Trading Act 1986, the parties agree to contract out of sections 9, 12A, 13 and 14(1) of that Act (including any subsequent statutory provision which amends or replaces it, and any by law, regulation, order, statutory instrument, determination or subordinate legislation made under it).

13.3 You agree and acknowledge that the provisions of the Sale of Goods Act 1908 will not apply. 13.4 You agree and acknowledge that you do not rely on the representations or other conduct by us, including any of its officers, employees and sales representatives, whether during negotiations prior to the terms and conditions being entered into, or at any time subsequent to the entry into the agreement.

14. Cancellation or Suspension of Contract

Subject to our obligations under the CGA, we reserve the right to refuse to accept any order without liability to you. You acknowledge that upon our acceptance of any order, you will be bound by that order and will not be entitled to terminate, rescind or cancel any order placed with except in accordance with clauses 8 and 9 and under the CGA, if the CGA applies to you.

15. General

15.1 In these terms, unless the context indicates otherwise, references to any statutory provision are to statutory provisions in force in New Zealand and include any statutory provision which amends or replaces it, and any by law, regulation, order, statutory instrument, determination or subordinate legislation made under it;

15.2 If any part of these terms are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the terms and the severed part will not affect the validity and enforceability of any remaining provisions.

15.3 These terms will be governed by and interpreted in accordance with the laws of New Zealand and you agree to the jurisdiction of the courts of New Zealand to determine any dispute arising out of these terms.

15.4 These terms and conditions will not be deemed waived or varied unless in writing and signed by our authorised representative.

15.5 We will not be liable for any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or any other even beyond our reasonable control.

15.6 Any failure by us to enforce any provision of these terms and conditions will not be treated as a waiver of that provision, nor will it affect our right to subsequently enforce that provision.

15.7 These Terms and Conditions of Online Sale are for the benefit of, and are enforceable by each member of the Jones Family Business group of companies for the purposes of the Contracts (Privity) Act 1982.

16. Registration for Shopping Required

16.1 Registration is required prior to submitting an order through this online shop. Registration is not completed until you have submitted the registration form and we have confirmed registration by confirming your login information with you. All information supplied by you upon registration must be true, complete and accurate information (“User Data”). You must maintain and promptly update your User Data as appropriate from time to time.

16.2 We will use your email address as your user name and therefore when registering as a user, you must provide a genuine email address. You must not impersonate another living person or registered user.

16.3 We may refuse your registration where we consider your suggested user name or passwords to be inappropriate. Grounds for refusal may include, but are not limited to, offensive content, obscenity, abuse, defamatory content, contempt, incitement, copyright infringement, brand names or registered trade marks, company or organisation names, names of high-profile or public figures or names promoting political, religious, social or economic groups or issues.

16.4 We reserve the right to refuse suggested usernames at our sole discretion and do not have to provide any reasons for such refusal.

16.5 Without limiting any other provision of these terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and to refuse any and all current or future use of this online shop (or any portion thereof).

16.6 You agree not to assign, transfer or sublicense your rights as a registered user of this online shop. Unless approved by us and you are a business customer, you further agree not to register more than one account, create an account on behalf of someone else, or create a false or misleading identity on this online shop.

16.7 You agree to keep the User Data confidential. You understand and agree that you are fully responsible for all actions and submissions made from your account. If you become aware of any unauthorised use of your account, you should notify us immediately by e-mail customerservice@jonesfamilybusiness.co.nz.

 

Miele Terms & Conditions

1. AGREEMENT

1.1 An agreement is made between Miele and the customer for the purchase of the product/s as specified in an order (“agreement”) if and when Miele issue an order confirmation to the customer in respect of that order.

2. PRICE

2.1 The price payable by the customer to Miele for the product/s is the price specified in the order confirmation.

3. PAYMENT

3.1 Subject to clause 3.2 and 3.3, 30% of the price is payable as a security payment upon submission of the order by the customer

3.2 All orders for Miele Display and B-Stock / Clearance Stock must be paid in full at the time of order placement

3.3 All orders for products that are placed with a delivery date of seven (7) days or less must be paid in full at the time of order placement.

3.4 Full payment of the price or balance is required the earlier of, delivery of the product/s or 180 days from the order placement date. If full payment is not received within 180 days from the order placement date, Miele may cancel the order and charge the applicable cancellation fee in accordance with clause 4.1 and 4.2 of these terms and conditions

3.5 Subject to provision 3.4, if the agreement relates to two or more products and they are delivered on different dates, that part of the price (or the balance of it) which relates to the product delivered on a particular date is payable on that date and by the time of delivery.

4. CANCELLATION FEE

4.1 If your order is cancelled, all monies received will be returned excluding the applicable cancellation fee.

4.2 A cancellation fee of $250.00 (NZD) will apply to all cancelled orders

5. DEFAULT IN PAYMENT

5.1 If the customer fails to make any payment when due, the customer must, without prejudice to any other right or remedy of Miele:

i. pay interest on the amount outstanding calculated daily at a rate equal to The Reserve Bank of New Zealand’s base rate plus 5%;

ii. reimburse Miele for all reasonable costs and expenses incurred in relation to the outstanding debt and chasing payment of it; and

iii. upon reasonable notice by Miele, return the product/s to Miele or permit a representative of Miele reasonable access to the location of the product/s to repossess the product/s

6. DELIVERY

6.1 All orders for Miele Display, B-stock or clearance stock must be collected and delivered within 7 days of order placement.

6.2 All orders (other than where clause 6.1 applies) must be settled and paid for within 180 days (6 months) of the order placement date and delivered within 365 days (12 months) of the order placement date. Orders not settled and delivered within this time frame may incur storage fees and charges or may be cancelled and Miele may charge the applicable cancellation fee in accordance with clause 4.1 and 4.2. A storage fee of $15.00 (NZD) per appliance per month will apply. The customer is liable to pay any associated storage costs prior to Miele releasing the product/s.

6.3 Subject to clause 6.5, Miele will deliver the product/s to the location specified in the order. Where no location is specified, Miele will deliver the product/s to the customer's address as set out in the order.

6.4 Miele will deliver the Goods in accordance with provision 6 of these terms and conditions. The risk of loss of or damage to the product/s passes to the customer upon delivery. Notwithstanding this, Miele will provide the customer with 14 days’ notice from delivery to instruct Miele of any damage to the product/s. Within this period, Miele will remedy the damage provided that the product/s have not been installed.

6.5 Miele is not required to deliver the product/s in accordance with clause 6.3 if the location to which the product/s are to be delivered is outside metropolitan Auckland, Wellington, Christchurch and Palmerston North. In those circumstances, Miele may notify the customer of the location at which the product/s are available for collection or at its sole discretion elect to deliver the product/s to a location beyond those metropolitan regions.

6.6 Subject to clause 6.1, 6.2 and 6.7, the delivery date will be the date specified in the order or, if no date is specified, such alternative date as the customer and Miele later agree on (“delivery date”).

6.7 Miele will use reasonable commercial endeavours to deliver the product/s on or about the delivery date. If Miele is unable to deliver the product/s (by reason of inventory shortage, transportation difficulties or otherwise), it will use reasonable commercial endeavours to do so within a reasonable period after the delivery date.

6.8 If Miele does not deliver the product/s within 30 days of the delivery date, by reason of a cause within Miele's reasonable control, the customer may give 5 business days’ notice of termination (without penalty) of this agreement. If the product/s are not delivered in the notice period, this agreement is terminated on expiry of that period.

6.9 If the model of the product/s is discontinued or superseded and not available for delivery on the delivery date, Miele will notify the customer as soon as practicable prior to the delivery date that:

i. Miele is prepared to instead supply a model of equivalent or superior standard, and specify that model and any addition to the price for the model change; or

ii. There is no equivalent model available and this agreement is therefore terminated (without penalty) with immediate effect

6.10 If the customer accepts Miele's offer of an alternative model in accordance with clause

6.9(i), the product/s and the price will be varied as per Miele's offer. If the offer is rejected, this agreement is thereby terminated (without penalty) with immediate effect

6.11 Miele will deliver the product/s at a time arranged by Miele and the customer (“delivery time”). In the event that the customer is not present to accept delivery at the nominated delivery time, the customer will be liable to pay Miele a fee to have the product/s re-delivered at a new delivery time/date, as arranged by Miele and the customer. This re-delivery fee is payable by the customer prior to Miele re-delivering the product/s at the new nominated delivery time/date.

6.12 Subject to clause 9 and applicable consumer protection legislation, if the customer accepts delivery of the product/s (or collects the product/s in accordance with clause 6.5) and subsequently changes their mind about the product/s (including where the customer orders the incorrect product), Miele may, in its discretion, agree to:

i. accept return of the relevant product/s from the customer; and

ii. provide replacement product/s to the customer. In these circumstances, the customer must pay:

i. a re-stocking fee of 20% of the price of the product/s returned; and

ii. any difference between the price of the product/s being returned and the replacement product/s selected.

The customer acknowledges that this re-stocking fee represents the costs incurred by Miele in accepting and re-stocking the returned product/s. Miele will not impose the re-stocking fee where the customer is not at fault (including where a Miele Chartered Agent submits an incorrect order).

6.13 If the customer:

i. fails to accept delivery of the product/s, or

ii. fails to accept delivery of the product/s by Miele within 30 days of being notified by Miele that they are ready for delivery; or

iii. fails to collect the product/s in accordance with clause 6.5 within 30 days of being notified by Miele that they are available for collection

Miele may give the customer 5 business days’ notice of termination of this agreement. If the customer fails to collect or accept delivery within that notice period, this agreement is terminated on expiry of that period and Miele may charge the applicable cancellation fee in accordance with clause 4.1 and 4.2.

6.14 If Miele is unable to contact the customer after making reasonable attempts to arrange delivery or collection, Miele may give the customer 30 days’ notice of termination of this agreement. If the customer fails to make arrangements within the notice period, this agreement (including any order) is terminated upon expiry of that period and Miele may charge the applicable cancellation fee in accordance with clause 4.1 and 4.2

7. PRODUCT INSTALLATION

7.1 Miele may arrange for the installation of Miele washing machines, tumble dryers, dish washers, refrigerators and stacking kits delivered to the customer's premises within metropolitan areas of Auckland, Wellington, Christchurch and Palmerston North, provided that the required services are available and no structural work is required ("Miele installation").

7.2 Fees and charges are applicable for the Miele installation, details of which will be provided by Miele and agreed with the customer prior to any installation.

7.3 Miele recommends that the products be installed in accordance with the Miele installation instructions that accompany each product. If a Miele product is not installed in accordance with the instruction manual, this may affect the Miele warranty offered under clause

7.3 Miele recommends that the products be installed in accordance with the Miele installation instructions that accompany each product. If a Miele product is not installed in accordance with the instruction manual, this may affect the Miele warranty offered under clause 9. A Miele installation means that the products will installed in accordance with the instruction manual. A request to verify or rectify the installation of a Miele product/s installed by a party other than Miele or a Miele Service Agent will incur service fees and charges.

7.4 Miele is not liable for any loss or damage to product/s which occurs through installation of the product/s by parties other than Miele or a Miele Service Agent

7.5 A Miele installation ensures you'll receive the benefits listed below:

Performance - We ensure the maximum performance from your appliance by installing it right the first time

Confidence - Our technicians are qualified and insured. We will install your Miele appliance/s according to product/s specification as well as all local codes and regulations

Satisfaction - We guarantee our workmanship for a period of one year. If, during this time, you are not satisfied with any aspect of our workmanship, we will rectify it at no charge.

A Miele Installation Includes:

  • Unpacking and preparing appliance(s) for installation (inclusive of the removal of protective film).
  • Removal of packaging materials.
  • Inspection of appliance(s) for any existing damage or defect.
  • Inspection of facilities before starting.
  • Installation of Miele stacking kits.
  • Connection of the appliance(s) to existing electric, and/or water service (Electrical and water inlet’s must be within 1.5m of product).
  • Insertion of appliance into cavity / niche.
  • Levelling and securing your appliance.
  • Testing your appliance to make sure it's performing accurately and provide a functional user demonstration.
  • Disposal of existing appliance/s (excluding refrigeration) on request (additional fees / charges apply).

Dishwasher Installation:

  • Where integrated, fit the fascia and door panel.
  • Secure dishwasher to adjacent cabinetry (model types U, I & VI).
  • The water valve (tap) must be ¾ inch male thread.
  • Provide an inlet/hole for the waterproof inlet connection.
  • Fitting of the water proof system (only if access is available).

Laundry Appliances:

  • Remove the transit bars and level the appliances.
  • Provide an inlet/hole for the waterproof inlet connection.
  • The water valve (tap) must be ¾ inch male thread.

Refrigeration Installation:

  • Trim-kit installation (if applicable).
  • Connections to mains water (if applicable) – this does not include any plumbing works. Installation can only occur if correct plumbing works have been completed.

A Miele Installation Does Not Include:

  • Completion of structural or flooring work including the removal of access doors, securing a plinth, trimming or modifying any cabinetry (excluding to provide an inlet for the water proof system), kick panel or door panel.
  • Fitting of reducer valves, nor the completion of any plumbing or electrical works.
  • Tampering or modification of any Miele product including the water proof system.

7.6 Prior to the date of Miele installation, the customer must ensure that all required plumbing and electrical works have been completed. Connections to the mains water supply must incorporate a mains stopcock with ¾ inch thread.

7.7 The facilities where the appliance(s) are to be installed should be inspected by the customer prior to installation to ensure that they are free from any defects or obstructions and existing appliances are removed from the niche / cavity.

7.8 The customer must advise Miele prior to the date of installation of any obstructions which may prevent or hinder the installation including, but not limited to:

  • Access obstructions;
  • Lack of power / distance to power inlet;
  • Lack of water / distance to water inlet;
  • Other works being completed at the premises;
  • Hazardous materials / substances located at the premises; and
  • Flooring deficiencies.

8. OWNERSHIP AND RISK

8.1 Miele remains the owner of the product/s until the price is paid in full to Miele and the product/s have been delivered to the customer

8.2 The customer must not sell or otherwise deal with the product/s until the price is paid in full to Miele. If the customer purports to do so, the customer will be deemed to hold the proceeds of sale or other realisation (or the amount equal to the outstanding) on trust for Miele

8.3 Notwithstanding clauses 8.1 and 8 .2, the risk of loss of or damage to the product/s passes to the customer upon delivery. After delivery, the customer is responsible for storing the product/s prior to any installation and is liable for any loss or damage which occurs during such storage.

9. WARRANTY

Persons who independently import Miele products have no right, claim or demand against Miele Australia or New Zealand relating to post purchase support or service including the any voluntarily, express or implied product warranty.

9.1 Miele domestic products are subjected to rigorous testing and assessment as to their quality and fitness. Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

9.2 Warranties and conditions as to the merchantability and fitness for purpose of Miele domestic products are implied under New Zealand consumer protection legislation. The warranty in this clause 9 is independent of, and does not exclude or limit, any non-excludable statutory warranties and conditions implied by such legislation.

9.3 Miele warrants that the product/s will be free from defects in materials and workmanship for a period of 24 months from:

i. the date of delivery, or

ii. where applicable, settlement of the development (documentation required), or

iii. where applicable, six months following the practical completion of any development

Miele does not make any further representation or warranties as to the merchantability of its domestic product range.

9.4 Miele provides an Anti-Flooding Guarantee (AFG) on all water protections systems to protect your home – over a period of 20 years. You are covered by this guarantee in the event that damage occurs as a result of a faulty water protection system. Miele will assume the costs of all subsequent damage covered under the terms of this AFG within the scope the AFG terms. Please refer to the AFG terms available at www.miele.co.nz or by contacting Miele

9.5 Miele reserves the right to inspect and test the product/s for the purpose of determining the extent of any defect and the validity of any claim made under this warranty. All defective parts/products replaced by Miele under this warranty will be deemed to be the property of Miele.

9.6 This Miele warranty will not apply if the product/s is rendered faulty by a factor other than a defect in materials and workmanship. Such factors include but are not limited to:

i. damage through misuse (including failure to maintain, service or use with proper care), neglect, or accident;

ii. use for a purpose for which the product was not sold or designed;

iii. in the case of household appliances and vacuum cleaners, commercial use;

iv. use or installation (where applicable) which is not in accordance with any specified instructions for use or installation;

v. use or operation after a defect has occurred or been discovered;

vi. damage through freight, transportation or handling in transit (other than when Miele is responsible);

vii. damage through exposure to chemicals, dusts, residues, excessive voltage, heat, atmospheric conditions or other forces or environmental factors (including vermin damage) howsoever outside Miele's control;

viii. repair, modification or tampering with by the purchaser or any person other than Miele or an authorised Miele Service Agent; or

ix. use of parts, components or accessories which have not been supplied by or specifically approved by Miele (including use of a dust bag other than genuine high performance Miele dust bag).

This warranty does not apply to consumables such as batteries, filters or globes.

9.7 Customer must retain proof of purchase (receipt) in order to be eligible to make a warranty claim under this clause 9.

9.8 The Miele warranty provided under this clause is a transferable right.

10. HOW TO MAKE A WARRANTY CLAIM

10.1 Conduct a basic check of the product i.e. to establish if it is appropriately connected. It is also a good idea to check the Miele user manual. If the problem persists follow our simple claims process:

1. Notify Miele who will arrange at no cost to you a warranty repair or service, call 0800 464 353 (0800 4 MIELE) or e-mail: service.nz@miele.com.au

2. Provide and make available the warranty card or a copy of the purchase receipt to show that the warranty applies to the product at the date of the claim.

Please note that Miele may engage other persons or parties to assist it in fulfilling its obligations. We always try to complete repairs in the shortest amount of time possible.

11. SERVICE & SPARE PARTS

11.1 While Miele will use reasonable commercial endeavours to have all necessary spare parts available for the purpose of repair or service, Miele is not liable for delays due to sourcing of unusual parts which are required, or due to circumstances beyond the control of Miele.

11.2 Miele has a policy of assuring the availability of spare parts and service for all Miele products for a period of not less than five (5) years following the cessation of production of the applicable product. After this period, availability of spare parts and service will depend upon the particular Miele product. Please contact Miele for more details in relation to availability of spare parts and service.

12. COMPLAINTS / CUSTOMER CARE

12.1 We take our customer service seriously and want to hear about any problems that you may have had or the level of service you have been provided.

To notify us of these issues, please collect all the relevant information on your query and direct it to:

The Complaints Officer

Miele New Zealand Limited

Level 2, 10 College Hill

Freemans Bay, Auckland 1011, New Zealand

13. PRIVACY

13.1 Miele will collect and deal with the customer's personal information (including name, address, telephone contact or personal details) only in accordance with Miele's Privacy Charter and the Privacy Act 1993 (NZ). A copy of the Privacy Charter is available from Miele or www.miele.co.nz.

13.2 Miele may disclose personal information to its related companies and to organisations which provide services (including delivery services) to Miele or which assist Miele in providing services (including repair / warranty services) to its customers.

14. GOVERNING LAW

14.1 This agreement is subject to the laws of New Zealand and the parties submit to the exclusive jurisdiction of the Courts of New Zealand.

15. DEFINITIONS

'Customer' means the person or entity whose name and address appears on the order as the purchaser of the product/s

'Miele' means Miele New Zealand Limited. IRD 98 463 631 of Level 2, 10 College Hill, Freemans Bay, Auckland 1011, New Zealand

'Product/s' means the Miele products referred to in the order

 

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