Terms & Conditions of Sale General

These terms & conditions of sale (Terms & Conditions) apply to the sale and purchase of all DELONGHI, KENWOOD and BRAUN branded products (Products) by De’ Longhi Australia Pty Limited NZBN 9429050677184, a company incorporated in Australia and registered to carry on business in New Zealand (Company), to any person(s), business or company (Purchaser). The placement of an order for Products, acceptance of delivery of Products, or payment for any Products by the Purchaser is deemed to be acceptance of these Terms. These Terms prevail over any terms in any documents of the Purchaser.

Product Prices

Product prices are subject to alteration in the Company's absolute discretion and without prior notice. The issue of a new price list takes precedence as from the date on the price list over all previous price lists. All tender and quotation prices quoted by the Company are valid for a period of 30 days unless otherwise agreedand thereafter are subject to change without notice and all Products are offered subject to the right of the Company to withdraw them from sale.

Online Shop Quoted Savings

Savings listed on any product or accessory listed on this website including the "Factory Seconds" products are calculated based on the listed price being compared to the full "Recommended Retail Price" of brand new products.

GST and other Charges

Goods and Sales Tax (GST) is included in prices. Other Government taxes, charges and levies will be charged to the Purchaser's account if and as applicable.

Product Range, Design and Development

The Company reserves the right to modify or redesign any Product or part thereof without notice. The Company reserves the right to add to or remove from the range of Products supplied by it at any time and without notice.

Fitness for Purpose

The Purchaser assumes responsibility for the capacity and performance of the Products being sufficient and suitable for the purpose for which they are purchased.

Despatch and Delivery

Unless otherwise stated, any times quoted for despatch and delivery are to date from receipt by the Company of a written order from the Purchaser. Any despatch / delivery times quoted by the Company are estimates only. The Company is not liable to the Purchaser for any loss or damage suffered or incurred as the result of late or delayed despatch or delivery.

Warranty

The Company will honour its obligations setout in any express warranty given by the Company to the consumer and will honour its obligations owed to consumers pursuant to the guarantees contained in the Competition and Consumer Act 2010 (Australia) and Consumer Guarantees Act 1993 (NZ).

Property Risk and Title in the Goods

Risk in any and all Products supplied by the Company will pass to the Purchaser on despatch of the Products from the Company's premises. Legal and beneficial ownership of any and all Products shall remain with the Company until the Purchaser pays in full the purchase price and all other monies payable to or owing but not paid to the Company by the Purchaser on any account.

If payment is overdue the Company may recover and/or resell the Products or any of them and for that purpose may enter upon any place where the Products are stored. Until payment is made in full by the Purchaser of the Products, the Purchaser holds the Products as bailee for the Company and will store the Products properly and in such a manner that they are clearly identifiable as the property of the Company and insure the Products against loss or damage, noting the Company's interest as owner of the Products. The rights of the Company under this term 7 shall extend to any mixed Products into which the Products are incorporated, mixed or used as material for manufacture. This term 7 survives the termination of these Terms.

Terms of Payment

Unless otherwise specified all payments shall be made in full to the Company by the 20th of the month following the date of invoice. Without limiting any of the Company's rights whether pursuant to these Terms or at common law, payment by the Purchaser in accordance with these Terms will be the essence of the contract between the parties, and failure on the part of the Purchaser to make payment on any due date may entitle the Company to treat such failure as repudiation of the contract to recover damages for breach of contract from the Purchaser.

Limitation of Liability/Indemnity

With the exception of the warranty contained at clause 6, the Company will not be liable for any loss or damage whatsoever which is suffered or incurred (including but not limited to indirect or consequential loss) suffered or sustained by the Purchaser in connection with these Terms or the sale and supply of the Products, except for any liability which cannot be excluded by law.

The Purchaser shall indemnify the Company against any liability for any loss or damage whatsoever which is suffered or incurred (including but not limited to indirect or consequential loss) suffered or sustained by the Company or any third party resulting from or relating to any act or omission of, or any representation made by, the Purchaser or a servant or agent of the Purchaser.

The provisions in this term 9 will survive the termination of these Terms by either party, by any means, or for any reason.

Force Majeure 

The Company shall be relieved of liability otherwise incurred under these Terms whenever and to the extent to which performance of its obligations is frustrated, delayed, prevented or impeded by an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, government department, government agency or other governmental body, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a virus or other malicious code introduced.

Cancellations / Returns

The acceptance of any cancellation of any order, and whether or not the Purchaser will then be liable for an cancellation charges or eligible for a credit for any returned goods will be determined in the Company's sole and absolute discretion. Products or parts will not be accepted for return or credit without written permission of the Company. No Products, parts or repairs will be accepted on any freight forward basis by the Company.

Freight Damage Notification

Notice of transit damage must be made within 48 hours of receipt of product by the Purchaser.

Internet Trading

In addition to compliance with these Terms, sale and distribution of the Products online will only be permissible by the Purchaser in the following circumstances (NOTE: the provisions of this term 13 apply to all parent and child accounts pertaining to the Purchaser).

• All Internet based sales activities must be approved and agreed to in writing by the Company prior to their commencement.
• To obtain approval from the Company, the Purchaser's online retail facility must be supported by a fully maintained retail operation and showroom, physically displaying the Products available for sale online (i.e. the Purchaser cannot operate online only).
• The only Products which can be promoted and made available for sale online by the Purchaser, are Products which are:
  1. in stock and readily available to the Purchaser for prompt delivery to the customer; and
  2. which are directly supplied to the Purchaser by the Company under, and in accordance with, these Terms.
• Internet sales are only permissible:
  1. via a website address containing the Purchaser's trading name (e.g.www.tradingname.com.au);and
  2. via a website under the sole and direct management and control of the Purchaser.
• For an abundance of clarity, on-selling to other online businesses is expressly prohibited.

Failure to comply with the provisions of this term 13 may result in the termination of supply of Products to the Purchaser, as determined in the Company's sole and absolute discretion.

Special Offers

Redemption and cash back offers offered by the Company from time to time are only available on retail purchases and all online purchases are excluded from these offers. The terms of any such offers by the Company must be strictly adhered to by the Purchaser.

Intellectual Property

The Purchaser acknowledges and agrees that it is not granted any rights, title or interest in any intellectual property owned or licensed by the Company (including the DE'LONGHI and KENWOOD Logos) and that the Purchaser must not use any of the Company's intellectual property without prior written consent from the Company.

The Purchaser must not make any changes to the Products or any materials, including documents or packaging, which contain or display any of the Company's intellectual property.

Waiver

Failure of the Company to insist upon strict performance of any of these Terms or the delay in exercising any of the Company's rights under these Terms will not constitute a waiver of these Terms or the Company's rights.

Variations of Terms

The Purchaser must obtain written confirmation of any and all variations to these Terms (including all representations or understandings which may conflict with one or more of these Terms).

Amendent

These Terms may be amended by the Company at any time and in its absolute discretion.

Mediation

Any dispute arising out of or in relation to these Terms, including any dispute in relation to the respective rights or obligations of either party shall be referred to and settled by mediation by the Australian Commercial Dispute Centre.

Jurisdiction

These terms are governed by the laws of New Zealand. Each party submits to the jurisdiction of the governing laws of New Zealand for any proceedings in connection with these Terms.

Buying from the Website

1. You acknowledge and warrant to De’Longhi Group that:
   1. you are a New Zealand resident aged 16 years or over;
   2. you will be liable for all costs, fees, charges and other amounts which may become payable to De’Longhi Group as a result of your use of this website;
   3. you are not breaching any requirement of any applicable law relating to the privacy of personal information by providing the information to De’Longhi Group; and
   4. all information (including credit card details) you provide to De’Longhi Group is true and complete.
2. Your telephone order or on-line purchase order (as applicable) is an offer to buy from De’Longhi Group. All New Zealand orders should include a daytime delivery address and contact details. De’Longhi Group reserves the right not to accept an order at its sole discretion.
3. By providing your details, you consent to receiving related communications from us, including confirmation that De’Longhi Group has received the order. Confirmation of the order does not constitute acceptance of your order. De’Longhi Group reserves the right at any time after receipt of your order to accept or decline your order for any reason (including stock run out), regardless of whether your order has been confirmed or your credit or debit card has been charged or PayPal has been cleared. If your order is declined or cancelled by De’Longhi Group after the payment for the purchase, De’Longhi Group will promptly refund your payment to the credit or debit card or method you originally used for the purchase.
4. Payment for the goods which you order must be made either by one of the payment method options listed on the website which may change from time to time. Payment will be charged at the time of De’Longhi Group receiving your order and prior to the time that the goods are dispatched and received by you. De’Longhi Group will provide you with an invoice number as confirmation of the order. If your payment is rejected by the card issuer or payment provider your order will not be dispatched. Payment is made at your own risk.
5. The price of the goods (including for parts and accessories) (inclusive of GST), the applicable delivery costs and availability of the goods displayed on this website are subject to change without notice. The title to goods will only pass following payment in full.
6. Delivery dates of the goods are intended to be an estimate only. Any delivery estimates stated on this website or in communications from De’Longhi Group should be read together with any additional notices about the potential for temporary delays in dispatch or delivery.
7. Orders will only be accepted from and dispatched to street addresses in Australia unless specified.
8. Delivery of the products may be totally or partially suspended by De’Longhi Group during any period in which De’Longhi Group may be prevented or hindered from delivery by its normal means of delivery or supply through any circumstances outside its reasonable control, including but not limited to strikes, disease outbreaks, lockouts or government restrictions, unavailability of stock, accidents or breakdowns of plant or machinery. To the extent permitted by law, De’Longhi Group will not be liable for any indirect loss or damage arising from its failure to deliver any or all of the products.
9. Any failed delivery attempt due to incorrect details provided by you must be paid for by you. Subsequent delivery attempts may incur additional delivery charges.
10. To the fullest extent permitted by applicable law, De’Longhi Group (including its employees, officers, agents and contractors) makes no representations about the materials contained on this website or any websites linked to this website.
11. To the fullest extent permitted by applicable law, De’Longhi Group (including its employees, officers, agents and contractors):
    1. is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may suffered be directly or indirectly, in connection with use of this website including but not limited to interference with or damage to your computer systems; and
    2. excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website.
12. The New Zealand Consumer Law provides for statutory guarantees that cannot be excluded by law. Limitations outlined anywhere in these Terms and Conditions, will not operate to the extent they are inconsistent with those statutory guarantees.
13. De’Longhi Group may vary these terms and conditions at any time. Any variations become effective on posting. By making a purchase through this site after the terms and conditions have been varied, you agree to be bound by the variation.
14. In these terms and conditions, De’Longhi Group means De’Longhi Australia Pty Ltd (ABN 49 104 012 857) of Nexus Industry Park, Building 3A, 43 Lyn Parade, Prestons
    NSW 2170, Australia.

De’Longhi Group Corporate Affiliate Program

1. Information on how to claim, De’Longhi Group’s offers in connection with the De’Longhi Group Affiliate, form part of these Terms and Conditions. By using the promotional code received by you in connection with the De’Longhi Group Affiliate program, you accept these Terms and Conditions and the terms and conditions on the email (including the promotional code) provided to you by De’Longhi Group.
2. The De’Longhi Group Affiliate Program is run by De’Longhi Group for eligible partners, as determined by De’Longhi Group. De’Longhi offers promotional codes in connection with the De’Longhi Group Affiliate program only.
3. A promotional code issued to you in connection with the De’Longhi Group Affiliate Program is valid during the specified time period on the promotional card, and on the terms and conditions set out in the promotional card provided to you.
4. To be eligible to claim, participants must be employees of partners participating in the De’Longhi Group Affiliate Program.
5. De’Longhi Group reserves the right to verify the validity of all purchases made through the De’Longhi Group Affiliate Program and reject any purchase that is made in breach of De’Longhi Group’s terms and conditions (including any terms and conditions that apply to a promotional code issued under the De’Longhi Group Affiliate Program).
6. Each promotional code is valid for the promotion as specified on your promotional email, is not transferable or exchangeable, and cannot be taken as cash. Purchases made using a promotional code under the De’Longhi Group Affiliate Program must be for personal use only.
7. Promotional codes can be redeemed online only at https://www.delonghi.com/en-nz, https://www.kenwoodworld.com/en-nz and https://www.braunhousehold.com/en-nz, and are not able to be used for purchase of De’Longhi Group products in stores at retailers or in conjunction with any other offer. Stock is subject to availability. No rain checks.
8. De’Longhi Group reserves the right to cancel, terminate, modify or suspend the offer at any time without prior notice.
9. Except for any liability that cannot be excluded by law including statutory guarantees that cannot be excluded under the New Zealand Consumer Law, De’Longhi Group excludes all liability (including for negligence), for any personal injury; or any loss or damage; whether direct, indirect, special or consequential, arising in any way out of the promotional offer, including any claim or offer that is claimed outside of the specified period, lost, altered, damaged or misdirected (whether or not after their receipt by De’Longhi Group) due to any reason.
10. De’Longhi Group may collect and use your personal information to provide products and services you have requested (e.g. extended warranty, Money Back Guarantee) and for other purposes relating or incidental to your purchase and the warranty (e.g. warranty registration, product recalls) (“the Purposes”). With your consent, De’Longhi Group may also collect and use your personal information to provide you with updates on our latest products and services, to analyse and conduct research about customer choices and for other marketing related purposes. In doing so, De’Longhi Group may disclose your personal information to its related bodies, business partners or third parties for purposes such as web or data hosting. Some of these recipients may be located overseas, including in the United States of America, Amsterdam, Italy and the United Kingdom. If De’Longhi Group does not collect your personal information, then it may not be able to fulfil the Purposes. You may find out more details of our privacy policy at privacy. https://www.delonghi.com/en-nz/privacy-policy.