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.
1.1 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.
5.1 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.
7.1 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 email@example.com.
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 firstname.lastname@example.org.
12. Security of 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.
15.1 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 email@example.com.