Online Store Terms & Conditions
Unless the customer has another valid written agreement with DeLonghi New Zealand Ltd (DeLonghi), the following terms and conditions of online sales apply to and govern all sales made through the Kenwood New Zealand website (http://www.kenwoodworld.com/en-nz/).
By purchasing Kenwood products through the Kenwood New Zealand website, you agree to the terms below.
"Business Day" means Monday through to Friday, excluding public holidays in New Zealand. "Delivery" means standard DeLonghi shipping to, and arrival at, the delivery address specified in your order form (which delivery address must comply with clause 4(b) below).
"Products" means DeLonghi or Kenwood products and or accessories that are determined by DeLonghi to be available for purchase from the Kenwood New Zealand website at the time of your order.
"Shipment" means the period from the time the Product is ready to be loaded on transport for the purpose of Delivery, until the delivery of the product.
"You" means the purchaser of the Product, as identified in the Kenwood login form on the Kenwood New Zealand website.
2. Product Prices
- Product prices are given inclusive of GST and exclude Delivery charges.
- DeLonghi reserves the right to correct the price at any time prior to Delivery where there has been a typographical or other error in the advertised price. DeLonghi will notify You of the corrected price. You may choose to pay the corrected price, however if You do not choose to pay the corrected price, DeLonghi shall have the right to cancel your order and refund any amounts you have paid to DeLonghi for the relevant Product without further obligation to You.
Online Shop Quoted Savings
Savings listed on any product or accessory listed on the Kenwood New Zealand website (http://www.kenwoodworld.com/en-nz/) including any "Factory Seconds" products are calculated based on the listed price being compared to the full "Recommended Retail Price" of brand new products.
- All orders are subject to acceptance by DeLonghi, as evidenced by DeLonghi's acknowledgment as an automatically generated receipt from the website. DeLonghi reserves the right to restrict the number of items that You may purchase. The Products are offered for sale only to persons who can make legally binding contracts.
- DeLonghi will make reasonable efforts to process the payment of Your order within 1 (one) Business Day of receiving Your order. Orders placed on the weekend or on a public holiday will not begin payment processing until the next Business Day.
- DeLonghi reserves the right to discontinue Products without notice. If your order is for a Product that has been discontinued or is out of stock, DeLonghi will notify You and offer the option of a substitute Product (which may be a different price) or cancellation of Your order. If you choose to take a substitute Product, you order will be amended and a new acknowledgment will be sent to you by DeLonghi.
- Provided your delivery address complies with clause 4(b), DeLonghi will make reasonable efforts to deliver Your Products within 14 days, or the time stipulated in Your order form or otherwise notified by DeLonghi. If DeLonghi is unable to deliver Your products within the specified time for any reason, it will notify you of any expected delay and offer the option of a substitute Product (which may be a different price)./ or a refund of the payment made. If You choose to take a substitute Product, Your order will be amended and a new acknowledgment will be sent to you by DeLonghi. Order status can be checked by logging in with your account information onto the online shop, If You have any additional queries regarding your order please contact DeLonghi New Zealand Ltd Sales Support on 0508 200 300.
- DeLonghi will only deliver to an address within New Zealand. DeLonghi will not deliver to PO boxes.
5. Shipment and Risk of Loss
DeLonghi will ship according to its standard commercial practice. Risk of loss and damage to all Products will pass to You upon Delivery. Title to all Products will pass to You upon the later to occur of Delivery and when payment in full has been received from You for the Products.
6. Freight Damage Notification
Notice of transit damage must be made to DeLonghi Sales Support on 0508 200 300 within 48 hours of receipt of the Product.
7. Cancellations, Returns and Refunds
In addition to the mandatory statutory rights available to customers under the Trade Practices Act 1974 and other applicable consumer laws, DeLonghi will issue You a refund if DeLonghi has provided its written consent and:
- the order is cancelled prior to the Shipment of the Product; or
- the Product is returned within 30 days of purchase without being opened or damaged and in a re-saleable condition. Collection charges apply depending on the date and place of collection. DeLonghi may deduct collection charges from the amount to be refunded. Products or parts will not be accepted for return or credit without DeLonghi's written consent.
Payment must be made in full using the Kenwood New Zealand website approved electronic payment system at the time of placing Your order. Incomplete or partial payment will not be accepted.
10. Our Liability To You: Warranty Limitation of Liability
- DeLonghi acknowledges that certain laws, particularly the the Trade Practices Act and other applicable consumer laws, imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example for consumers:
This clause 10 is not intended to exclude or restrict the application of such laws.
- goods come with a non excludable warranty that they are of merchantable quality and are reasonably fit for purpose and services come with non-excludable warranties that they will be provided with due care and skill and are reasonably fit for their purpose; and
- goods come with a non excludable right that they are not defective such that consumers may suffer injuries.
- In addition to the rights in clause 10 a) above DeLonghi or Kenwood products sold at the Kenwood New Zealand website website are new and carry a warranty against faults and manufacture when used in normal domestic use for the period stated in the table in the Warranty section of the Kenwood New Zealand website, as updated from time to time. In non-domestic use DeLonghi limits the voluntary warranty to 6 months.
- If DeLonghi receives notice of faults due to a manufacturing fault during the warranty period, DeLonghi will repair or replace Products at its option, at no charge. If DeLonghi is unable to repair, replace or correct a defect in a Product to a condition as warranted, you will be entitled to a refund of the purchase price upon prompt return of the Product to DeLonghi. This warranty excludes damage caused by misuse, neglect, shipping accident, incorrect installation, no fault found with the Product or work carried out by anyone other than an authorised DeLonghi Service Agent.
- DeLonghi will replace or issue a refund for DeLonghi or Kenwood accessories purchased from this website, at our option, at no charge, if found to be inadvertently misrepresented due to error in detail or specifications.
- You must provide evidence of purchase in the form of your receipt to authenticate your warranty.
- Without limiting clause 10 a) above:
- DeLonghi or any of its officers, employees or agents shall have no liability or responsibility to You in contract, tort, statute or otherwise for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from:
- Your purchase, Delivery or use of the Product; or
- Your use of the Kenwood New Zealand website or any linked web site (nor does DeLonghi accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Kenwood New Zealand website or any linked web site),
save to the extent that such loss, claim or injury arises from the negligence or wilful misconduct of DeLonghi, or any of its officers, employees or agents; and
- DeLonghi or any of its officers, employees or agents will not be liable for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from the misuse, neglect, shipping accident, incorrect installation, or work carried out by anyone other than an authorised DeLonghi Service Agent on the Product, including the use of the Product other than according to its written instructions and any product safety labeling or warnings provided with the Product.
11. Customer Service Support
If You have any queries regarding your Kenwood New Zealand website purchase order, Your Product or warranties, returns or refunds, or if you need support for your Product, please contact DeLonghi Sales Support on 0508 200 300.
- These Kenwood New Zealand website Terms and Conditions, and any disputes arising in connection with them, are governed by the laws of New Zealand.
- DeLonghi will not be liable for any performance delays or for non-performance of any obligation under these terms and conditions due to causes beyond its reasonable control, including forces of nature, industrial action and action or inaction by a Government Agency.
- You must not assign any of your rights or obligations under these Kenwood New Zealand website Terms and Conditions without the prior written consent of DeLonghi.
- Provisions of these Kenwood New Zealand website Terms and Conditions which by their nature extend beyond the conclusion or termination of any sale will remain in effect until fulfilled.
- These Kenwood New Zealand website Terms and Conditions and any additional terms referred to and hyperlinked within these Terms and Conditions, constitute the entire agreement between DeLonghi and You. Any previous understandings, agreements, representations or warranties between DeLonghi and You relating the transactions hereunder are replaced by these Terms and Conditions and have no further effect. Please be aware that your use of the Kenwood New Zealand website, and other parts of the DeLonghi website, are also subject to the website disclaimer.
- Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.
- Your purchase of the Products will constitute your acceptance of these Kenwood New Zealand website Terms and Conditions. The Online Store Terms and Conditions are effective as at the date specified above and may be amended by DeLonghi from time to time. Amendments to these Kenwood New Zealand website Terms and Conditions will be published on the Kenwood New Zealand website.