Terms & Conditions

TERMS AND CONDITIONS OF ONLINE SALE KITCHEN THINGS NEW ZEALAND LIMITED

1. GENERAL

1.1. These Sales Terms constitute a legally binding contract between you and Kitchen Things New Zealand Limited (company number 2159703) and apply to the ordering, purchase, fulfilment and delivery of Goods from www.kitchenthings.co.nz (the “Website”). By placing an order for products from our Website, you agree to be bound by our Sales Terms, Website Terms of Use and Privacy Policy. In the event of inconsistency between the Sales Terms, Website Terms of Use and Privacy Policy, the Sales Terms shall prevail.

1.2 In these terms:

(a) “Brand Partner” means a company for which we sell Goods on their behalf on our Website;

(b) Brand Partner Product” means the Goods that we sell on behalf of a Brand Partner;

(d) ”CGA” means the Consumer Guarantees Act 1993;

(e) “Delivery Date” means the indicative date on which delivery of the Goods is intended to be made;

(f) “FTA” means the Fair Trading Act 1986;

(g) “Good(s)” means goods and/or services supplied, or to be supplied, by us to you as described in an Order which will be deemed to form part of these Sales Terms;

(h) “GST” means goods and services tax under the Goods and Services Tax Act 1985;

(i) “Kitchen Things Store” means all stores and warehouses within Kitchen Things in New Zealand eligible for Order pick up;

(j) "Order" means an offer made by you in response to an invitation to treat made by us on the Website.

(k) “Order Price” means the price of the Goods being purchased under an Order, including delivery fees and other additional costs specified by us from time to time;

(l) “Third Party” includes any agent or contractor of us or of any of our related bodies corporate, and any person engaged by any of us, in the creation, provision or maintenance of the Website or in the fulfilment of orders made through the Website;

(m) “Sales Terms” means these terms and conditions of online sale;

(n) “us”, “our”, “we”, means Kitchen Things New Zealand Limited and its related entities including (without limitation), Kitchen Things Holding Limited, Applico Limited Appliance Works (2015) Limited (trading as Jones Services). Together these related entities comprise “The Jones Family Business”;

(o) “Website” has the meaning given to it in clause 1.1; and

(p) “you”, means anyone who visits or uses this website

1.3. We reserve the right to revise these Sales Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on the Website.

1.4. We recommend you review these Sales Terms each time you use the Website and before placing any Order. By continuing to use the website following any amendment to the Sales Terms, you are agreeing to be bound by the same. Any changes to these Sales Terms will apply to any Order you place after they have been published to the Website. Should we choose to provide you with notice of the amended Sales Terms, you agree to receive email notification of the amendments from us or a Third Party.

2. LEGAL CAPACITY

2.1. You must be eighteen (18) years of age or over to complete an Order or purchase from the Website.

2.2. Any Order or purchase made by you using this Website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these Sales Terms and agree that you have entered into a legal contract with us in relation to these Sales Terms.

2.3. We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.

3. PRICING

3.1. The prices of Goods displayed on our Website:

(a) are in New Zealand Dollars and include GST, unless otherwise indicated;

(b) exclude freight, handling charges and installations which will be added to the total Order Price; and

4. PRODUCT DESCRIPTIONS

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

4.2. We reserve the right to correct any errors.

4.3. Our Website 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.

5. PLACING YOUR ORDER

5.1. Registration is required prior to submitting an Order through our website. Please see clause 17 of these Sales Terms for details on how to register.

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

5.3. You may place your Order by clicking on the ‘Add to Cart’ button alongside the products of your choosing on the Website. 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.

5.4. When you place your Order and payment is received by us, we will issue you with an email confirmation of your Order details. A valid email address is required when ordering through our online shop.

5.5. By placing an Order, you make an offer to us to purchase the Goods you have selected based on these Sales Terms.

5.6. 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.

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

6. PAYMENT METHODS AND PROCESSING

6.1. Payment may be made by credit card (a surcharge may apply per transaction), Humm, voucher or any other agreed method of payment.

6.2. We process credit card payments after you place an Order in accordance with clause 5.

6.3 Orders are processed after receipt of payment. Orders placed using Alipay may take an additional 3 working days.

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

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

6.6. By providing your credit card/payment card you authorise us to deduct the Order Price from such card.

6.7. To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or other method is fraudulently used or is used in an unauthorized manner.

7. DELIVERY, RISK AND TITLE

7.1. Delivery costs will be displayed either as you add Goods to your shopping cart or after you have entered your postcode at the checkout.

7.2. Delivery prices may change from time to time. Delivery costs are influenced by the size and weight of the products and your location and we may update the Order Price if the original estimate of delivery costs is inadequate for any reason.

7.3. The delivery address must be a physical address within New Zealand and cannot be a PO Box or a freight forwarding location.

7.4. The Goods shall be delivered to the address indicated in the invoice or in the absence of any such indication, to your last known address. If the goods are delivered in instalments or multiple addresses, additional delivery fees may apply.

7.5. If you require your Order to be re-directed to an address which is not the original Order address, we may charge you a reasonable fee for doing this. Any changes to the Delivery Date or the delivery address must be notified to our Customer Service team at least 48 hours before the Delivery Date. You will be charged a delivery fee for each additional attempt for delivery and the Order Price will adjust accordingly.

7.6. Delivery times may be greater than usual for rural or remote areas.

7.7. The Delivery Date is approximate only and we will not be liable for any loss, expense or damage resulting from the delay in delivery or failure to deliver.

7.8 Subject to our obligations under the CGA, we will endeavour to process all orders on our Website within 3 working days, however due to circumstances out of our control this may not occur. If there are any unforeseen delays, we will contact you and advise you the earliest date that we can deliver your Order.

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

7.10. Delivery is deemed to occur at the earlier of:

(a) the time at which a consignment note or equivalent document is signed by you at the delivery address;

(b) the time you or your agent collects the Goods; or

7.11. If the model of a Good is discontinued or superseded and not available for delivery on the Delivery Date, we will notify you as soon as practicable prior to the Delivery Date that:

(a) we may supply a model of equivalent or superior standard as well as any addition to the Order Price for the model change; or

(b) Where there is no equivalent model available, that the Order is terminated (without penalty) with immediate effect.

7.12. If you accept our offer of an alternative model in accordance with clause 7.11(a), the Order Price will be varied as per our offer. If our offer at clause 7.11 (a) is rejected, the Order is thereby terminated (without penalty) with immediate effect.

7.13. Where the Goods are returned to us or not delivered by the Delivery Date, and we hold the Goods, we may charge storage costs as determined by us.

7.14. All delivery costs associated with returning a product under clause 13 are your responsibility.

8. RISK AND RETENTION OF TITLE

8.1 Legal and equitable title to the Goods passes to you when all amounts owing are fully paid. If you on sell the Goods before payment has been made in full, you will hold the proceeds of such sale on trust for us. If you have not yet received the proceeds due under such sale, you will assign to us all rights against the person to whom the Goods were sold.

8.2. Risk in respect of the Goods passes to you upon delivery. If the Goods are damaged, destroyed, lost, or stolen prior to title in the Goods passing to you, we are entitled to, without prejudice to our other rights and remedies, the benefit of all insurance proceeds in respect of the Goods, whether or not the Order Price has become payable.

8.3. Until title passes to you, you will hold the Goods as our bailee, store the Goods identifiable as our property, maintain the Goods in good condition, and preserve the goods in their present form.

8.4. Without prejudice to our other rights and remedies, we may, and you authorise us to, repossess any Goods at any time prior to payment being received in full.

9. DEFECTIVE OR DAMAGED GOODS

9.1. Upon delivery of the Goods, you must reject damaged Goods and notify us immediately or, within 24 hours (inclusive) after the actual date the Goods are delivered, notify us by email on ccc@jonesfamilybusiness.co.nz that the Goods are defective, damaged and/or not in conformity with the description of the Goods provided on the sales order provided at the point of sale. Subject to the CGA, failure to provide notice may invalidate your rights to be reimbursed for any resulting loss.

10. ORDERS FOR COLLECTION AT A KITCHEN THINGS STORE

10.1. The terms of this clause apply where you select to collect your Order from a Kitchen Things Store;

10.2. If you have selected to collect your Order from a Kitchen Things Store, the relevant Kitchen Things Store will contact you by telephone or email to notify you that your Order is available for collection.

10.3. Orders for collection at a Kitchen Things store must be collected within a certain timeframe at the discretion of a manager, of that relevant Kitchen Things Store. If your Order is not collected within the specified timeframe, that Kitchen Things store has the right to allocate the Goods to another customer and reorder the Goods for you or charge storage costs as determined by us from time to time.

10.4. The person collecting the Order must comply with our reasonable procedures from time to time including, without limitation, providing photo identification and presenting the invoice for the Order. You agree that Orders may only be collected from a Kitchen Things Store during its opening hours or any other place indicated.

11. CONSUMER LAW AND GUARANTEES

11.1. Subject to the CGA and FTA, the Goods will be subject to the terms of the manufacturer's warranties and guarantees, and to the extent allowed by law, all conditions, descriptions, representations, warranties and guarantees, whether express or implied, by statute or otherwise, are expressly excluded.

11.2. If you acquire, or hold yourself out as acquiring, the Goods for business purposes in terms of section 43(2) of the CGA, then the CGA will not apply. Where Goods are supplied and acquired in trade within the meaning of the FTA, we and you agree to contract out of sections 9, 12A, 13 and 14(1) of that Act.

12. CANCELLATION POLICY

12.1. If you wish to cancel your Order with us, you must contact customercare@jonesfamilybusiness.co.nz at least 24 hours prior to the Delivery Date.

12.2. Cancellation of any Order may be subject to a 20% restocking fee. This fee is applied on the basis of a genuine pre-estimate of our loss as such Goods may not be able to be sold to another customer at the same or any other price, and is not intended to operate as a penalty.

12.3. We and you acknowledge that the fee you must pay under clause 12.2:

(a) is not a penalty and represents less than a genuine pre-estimate of our loss in the event that you cancel an Order

(b) has been agreed in good faith; and

(c) is proportionate to the legitimate interests of either us or you in requiring that you pay a restocking fee for cancellation of an Order.

12.4. If your obligation to pay the fee under clause 12.2 is void, unenforceable, invalid or otherwise inoperative for any reason including because the fees are determined to be a penalty), then we may claim general damages for your breach of clause 12.2.

12.5. You may exercise your right to cancel an Order only before the Goods are delivered to you. If you wish to return any Good after you have received it, our Returns and Refund Policy will apply.

13. REFUNDS & RETURNS POLICY

13.1. Subject to any requirement at law, all purchases are subject to a 14 day Returns and Refund Policy and a 20% restocking fee. To the extent permissible by law, any Goods purchased from the Website are eligible to be returned up to 14 days after delivery provided however that the item is:

(a) unused;

(b) in the same condition as when you received it; and

13.2. You may not be eligible to return a Good if the item;

(a) has signs of use;

(b) is not in original condition;

(d) has been in your possession for more than 14 days after delivery.

13.3. Every good that is being considered for a Return or Refund will be inspected by us, and may incur a higher restocking fee if there are any other factors or defects found after the goods have been inspected.

13.4. All shipping costs associated with returning a Good under this clause 13 are your responsibility. Risk and title of the Goods shall transfer back from you to us only when we receive the Goods.

13.5. If a refund is accepted by us, it may take up to 10 working days for the refund to be processed.

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

14. PRIVACY AND PERSONAL INFORMATION

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

14.2. When you register on the Website you may be asked for your name, email address, other contact details and a password. Because your username and password allow online access to information we have stored, we require that you to keep your username and password secure and you should not give out your user name or password to any other person. We will never ask you to disclose your password.

14.3. We recommend that the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver’s licence, licence plate or passport. Nor should it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login and password, and for all activity which occurs on or through your account, whether authorised or unauthorised. If any unauthorised party gains access to your username and password, you are required to notify us immediately and change your password immediately. We will not have any liability for your failure to comply with these obligations.

14.4. 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.

14.5. The express terms of our Privacy Policy or our Website Terms of Use will, in the event of a conflict with the terms of this clause 14, take precedence to the extent of such conflict.

15. LIMITATION OF LIABILITY AND INDEMNITY

15.1. Subject to clause 9.2, nothing in these Sales Terms is intended to modify, limit or negate the customer’s statutory rights, including but not limited to the CGA and the FTA. The provisions of Sales Terms should be read subject to your statutory rights.

15.2. 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), Goods will be subject to the terms of the manufacturer’s warranties and guarantees.

15.3. The parties do not accept responsibility for any loss, damage, any consequential indirect or special damage or loss of any kind whatsoever however caused, which either party may directly or indirectly suffer in connection with your purchase of Goods from or use of the Website.

15.4. To the extent permitted by law, your loss or damage or injury arising directly or indirectly from any defect of the Goods is limited to replacement or repair of the Goods, or to damages not exceeding the Order Price at our option. We are not liable for any loss, damage, or injury caused by improper or incorrect operation or use of the Goods.

15.5. Notwithstanding any representations or other conduct by us, including any of our 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 an Order you should make your own enquiries and satisfy yourself as to the nature of the terms of your purchase.

15.6. We make no representation or warranty regarding the functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted or error-free.

15.7. We will not be liable to any person or entity for any damage, direct or indirect, incidental, special or consequential for access to, use of or inability to use this Website. We assume no liability for errors or omissions in the Website or any inaccuracies and for any non-compliance with any representations, illustrations, specifications, product features or other information contained on the website and reserve the right to update the website prior to your order. The website is provided “as is” without warranty of any kind, whether express or implied, including but not limited to implied warranties of fitness for a particular purpose.

15.8. You agree to indemnify us and keep us indemnified at all times hereafter from and against all actions, claims, costs (including all solicitor/client legal costs and expenses) losses, damages, liabilities or demands suffered or incurred by us arising out of or in connection with your failure to comply with these Sales Terms. On any default or failure by you to observe and perform any of the covenants, terms and conditions of these Sales Terms you will forthwith on demand by us pay to us and make good all losses and expenses sustained or incurred by us by reason of or in consequence of any such breach, default or failure by you.

15.9. To the extent permitted by law, any representations provided by us is for information purposes only and is not intended to be relied or acted upon for any particular purpose unless that purpose is expressly acknowledged by us in writing

16. CANCELLATION OR SUSPENSION OF CONTRACT

16.1. To the extent permitted by law, 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 except to the extent permitted by law.

16.2. If you:

(a) Refuse to accept the goods (subject to clause 9); or

(b) We consider that you are unable to pay your debts as they fall due; or

16.3. We may, without prejudice to any of our other rights:

(a) Cancel all outstanding contracts with you;

(b) Enter any premises where the Goods are located and repossess and sell such Goods, and retain all monies paid;

(d) Suspend further deliveries

17. REGISTRATION FOR SHOPPING REQUIRED

17.1. Registration is required prior to submitting an Order through our 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.

17.2. We will use your email address as your user name so you must provide a genuine email address for registration. You must not impersonate another living person or registered user.

17.3. 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 trademarks, company or organisation names, names of high-profile or public figures or names promoting political, religious, social or economic groups or issues.

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

17.5. 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).

17.6. You agree not to assign, transfer or sublicense your rights as a registered user of our Website. 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 our Website.

17.7. 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.

18. ELECTRONIC MESSAGES

18.1. By registering yourself on the Website or providing us with your email address, cellphone number or otherwise, you are consenting to us providing you with information about Kitchen Things NZ’s products and services (or its related business) in electronic form to that email address or cell phone number. To unsubscribe from our electronic communications, use the unsubscribe facility or email us at customerservice@jonesfamilybusiness.co.nz.

19. SERVICE AGENT

19.1. From time to time we may engage a Service Agent for installation and/or repair of the Goods. The service Terms of the Service Agent shall be deemed restated herein and form part of the Contract but to the extend of any conflicts these Terms shall take precedence.

19.2. For the purpose of the CCLA the Service Agent shall have the benefit of your obligations hereunder and the Service Agent shall be able to enforce the same.

20. MISCELLANEOUS

20.1. These Sales Terms are to be read subject to relevant statutory provisions having effect in New Zealand that by law cannot be excluded, restricted or modified and the phrase “except to the extent permitted by law” is to be interpreted in the same way. Each term is severable and independent of each other and any such term which is inconsistent with or repugnant to that legislation shall be null and void to the extent (and no further) of such inconsistency or repugnance. The remaining provisions shall not be affected, prejudice or impaired.

20.2. You shall not assign your rights and obligations under these Sales Terms without our consent such consent to be given or withheld in our sole discretion. Any revocation of an agent’s authority shall not be deemed delivered and accepted by us unless we confirm the same in writing. You shall advise us of any alteration to your entity structure and/or of any revocation of an agent’s authority to purchase.

20.3. You and we consent to the use, provision and acceptance of information in electronic form and acceptance of these Sales Terms by electronic signature but it shall not be a requirement to form a binding contract.

20.4. In these Sales 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;

20.5. If any part of these terms is 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.

20.6. These Sales 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.

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

20.8. We will not be in breach of these Sales Terms or Order nor liable for any errors or delay in performing any of our obligations if such errors or delays is caused by events, circumstances or causes beyond our reasonable control, including but limited to, a failure of or interrupting relating to the internet, bank payment systems, electricity supply, deliveries, pandemic, government authority, any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought or storm.

20.9. You agree that we may set off any amount you owe to us against any amount of money that we owe or may come owing, to you. You waive any right to set off any amount that you have against us.

20.10. Any failure by us to enforce any provision of these Sales Terms will not be treated as a waiver of that provision, nor will it affect our right to subsequently enforce that provision.

20.11. These Sales Terms are for the benefit of, and are enforceable by each member of the Jones Family Business group of companies for the purposes of the CCLA.

21. AGENCY

21.1. We act as an agent for a number of premium brands. In the event that Brand Partner Products are included in an Order and:

(a) you are redirected to complete the Order on that Brand Partner’s website; or

(b) we indicate on our Website that we are facilitating the purchase of Brand Partner Products on the Website for and on behalf of that Brand Partner;

Then as it relates to the Brand Partner Products contained in that Order, the Brand Partner’s sales terms shall apply instead of these Sales Terms and you acknowledge that you are purchasing the Brand Partner Products from the relevant Brand Partner PROVIDED. HOWEVER, we may enforce any right in our favour under these Sales Terms to the extent that we determine is reasonably relevant between us and you. By way of example and without limitation we will have the benefit of the limitation of liability provisions herein (clause 13) and terms relating to the use of the Website, Privacy Policy etc. will continue to apply. Otherwise, to the extent permitted by law, any claims for redress presented by you in relation to any Brand Partner Products is the responsibility of the Brand Partner and not us.

21.2. Where and to the extent that any order contains any Miele products then you acknowledge that the Miele Terms & Conditions on the Miele website apply and that we are merely facilitating a sale between Miele and yourself as agent PROVIDED. HOWEVER, we may enforce any right in our favour under these Sales Terms to the extent that we determine those rights are reasonably relevant between us and you. By way of example and without limitation to the extent that you have any right or remedy against us we will have the benefit of the limitation of liability provisions herein (clause 15) and terms relating to the use of the Website, Privacy Policy etc. will continue to apply. Otherwise, to the extent permitted by law, any claims for redress presented by you in relation to any Brand Partner Products is the responsibility of the Brand Partner and not us.

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