Terms and Conditions of Sale

Terms and Conditions of Sale Terms and Conditions of Sale

Last Updated - August 2017
The terms and conditions that apply to any sale at Appliance Smart Limited t/a Appliance Smart.


1.    Definitions
1.1.    In these terms and conditions, references to “us” or “our” are references to Appliance Smart; and references to “you” or “your” are references to the purchaser of products at Appliance Smart.

1.2.    The following term shall have the following defined meanings:
“GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985;
 

2.    Acceptance of these Terms and Conditions
By making a purchase, you accept and agree to these Terms and Conditions.  

 

3.    Purchases, Delivery and Acceptance
3.1.    Appliance Smart will use all reasonable means to ensure any product advertised will be available for purchase.  

3.2     Despite Appliance Smart best efforts, from time to time errors or omissions may occur. Appliance Smart reserves the right to reject a purchase or order, correct pricing, product details or availability.
3.2.    Appliance Smart will use reasonable means to arrange delivery with the timelines published on this website.  The delivery costs will be notified to you at the point of checkout on this website.    
3.3.    Appliance Smart reserves the right to change shipping rates at any time without notice.
3.4.    Please allow up to 7 business days for delivery.  Orders that do not arrive or are lost in transit will be investigated with the respective carrier.  Please contact Appliance Smart as soon as you are aware of non-delivery.
3.5.     Items from your order are delivered in a single shipment directly from each supplier. Your order will ship when every item in your order has arrived in stock. In the event of our supplier(s) being out of stock Appliance Smart can backorder a product on your behalf, we will contact you and advise an ETA.

3.6.     Goods are sent by road freight or courier depending on size.

3.7.      Delivery is normally affected two to five working days after funds have cleared though this cannot be guaranteed. Whilst we will try to arrange for delivery within specific time slots, we cannot guarantee it. We cannot accept responsibility for delays that are beyond our control.

3.8.      The customer is responsible for supplying the correct delivery address. Any costs resulting from erroneous delivery information supplied to us will be borne by the customer.

3.9.      The goods must be checked immediately on delivery for damage before accepting them. Damaged packaging should be checked and noted on the delivery docket. Damaged goods should be rejected. If you sign for the goods as being in good order and condition then no claim for freight damage can be accepted. If for any reason it is not possible to check the goods at the time of delivery, they should be signed for as “not checked, S.T.I. (subject to inspection)”. If goods are accepted and signed for without qualification, no subsequent claim for damage can be accepted.

4.    Title, Risk and Possession
4.1.    The title of products purchased will pass to you when full payment is received by us.
4.2.    Your Purchase will be at your risk from the time you sign to accept delivery.  Up until this time, the Purchase will be at our risk.

5.    Consumer Guarantees Act 1993 and Fair Trading Act 1986 
Nothing in these Terms and Conditions affects your rights under the Consumer Guarantees Act and the Fair Trading Act.

6.    Images Used in Promotions, Publications and Online
We try to ensure that accurate images are used on our website at all times, however, the equipment that you use to view our website can impact on the way the products look, including their colour, size, texture and composition.  Measurements provided on our website are approximate only and we would recommend contact us on 0800 711 441 to ensure that it meets your requirements.  Also, other sites i.e. Google, Bing may take a cached copy of product offer including images which may not alway reflect what we offer.   Always check this website for the most updated representation of a product offer.

7.    Purchaser’s Use and Compliance 
You are solely responsible for compliance with all legislation, regulations, laws and rules that apply to the use of any Purchase.

8.    Credit Notes and Vouchers
Any credit given is not transferable for cash but may be used within 12 months of issue.

9.    Pricing
9.1.    All prices listed are in New Zealand dollars and inclusive of GST unless stated otherwise.
9.2.    Prices listed do not include freight or other delivery charges unless stated otherwise.
9.3.    If pricing is displayed incorrectly to the extent permitted by law, Appliance Smart will not honour the inaccurate price and will reject or suspend any orders or purchases. 
9.4.    If we discover pricing is incorrect, Appliance Smart will make all reasonable attempts to contact you and ask you if you wish to continue with your order at the correct price.

10.    Promotional Pricing
10.1.    From time to time promotional pricing will be available.
10.2.    Promotional pricing will be clearly displayed allowing you to make informed decisions.
10.3.    Club members may be entitled to exclusive offers and prices.
10.4.    Club members exclusive discounts will not apply in conjunction with promotional pricing.

10.5.    Other websites may crawl and cache/save an old version of this websites promotions and pricing.   We encourage you to check the current price of products and promotions on this website prior to making your purchase.

11.    Warranties
11.1.    Appliance Smart will honour any manufacturer’s warranty (by repairing, replacing or refunding the product, at Appliance Smart sole discretion) for the duration of the manufacturer’s warranty.
11.2.    The warranty given in clause 11.1 will not apply if you alter, deliberately damage or misuse a purchased product in any way.  
11.3.    The warranty at clause 11.1 does not affect or limit any rights that you may have under the Consumer Guarantees Act.
11.4.    Where these Terms and Conditions relating to the sale of electrical goods, Appliance Smart and their suppliers warrant that they will comply with the Electricity (Safety) Regulations, or any other relevant legislation applicable at the time.  

11.5.    All new appliances carry a manufacturer’s/importer’s guarantee for the period stated in the documentation. Customers are required to keep their invoice as proof of purchase. This will ensure speedy resolution of warranty issues.  Warranties only apply to the original purchaser and are not transferable.  

11.6.    Warranty call-outs that entail a journey in excess of 35km to a site will attract a travelling charge at the prevailing rate of the service engineer. Alternatively, the client will be required to take the appliance to a service engineer.

11.7.     Note that warranties cover appliances for DOMESTIC USE ONLY.  WARRANTIES DO NOT COVER USE IN COMMERCIAL OR SEMI-COMMERCIAL PREMISES OR APPLICATIONS.

11.8.     Where a warranty call-out is made and the problem is found to be one of user error, user misuse or an issue not covered by warranty the customer will be charged for the call-out at the prevailing rate.

12.    Third Party Websites
Appliance Smart may direct you to third party websites.  Appliance Smart is not responsible for any information displayed on these websites.

13.    Privacy
13.1.    All personal information provided by you in will be held by Appliance Smart in accordance with its obligations under the Privacy Act 1993.   You can contact Appliance Smart at support@appliance-smart.co.nz should you wish to view or correct the personal information which we hold about you.
13.2.    Appliance Smart collects your personal information to fulfil your order and provide benefits in relation to our benefits, credits and accounts.
13.3.    Appliance Smart will not provide your personal information to third parties for any other purpose other than order and delivery fulfilment.
13.4.    If you opt in when placing an order, Appliance Smart may send you information regarding its products, services, promotional, customer benefits and offers.

13.5 .  Your payment is processed through DPS Payment Express. DPS Payment Express secures all your customer and credit-card data with military-grade software and servers, and the highest level of encryption available. Appliance Smart Limited t/a Appliance Smart will not store or transfer any of your credit card information. All data is transferred using DPS Payment Express secure servers. 

14.    Overseas Orders and Users
14.1.    Appliance Smart delivers to New Zealand only, unless otherwise agreed to by Appliance Smart.
14.2.    Appliance Smart website is operated from New Zealand. The information contained on our website may not be appropriate in other countries or in other jurisdictions.  If you choose to access our website from somewhere other than New Zealand, you do so of your own initiative and are responsible for compliance with any applicable laws of that jurisdiction.

15.    Returns and Exchanges
15.1.     Returns with Exchange may be accepted at our discretion within 3 days of receipt of purchase.

15.2.     In the case that you wish to return and exchange an item, a re-stocking fee of $25 or 20% (whichever is the greater) will be charged. Goods must be returned at your expense and responsibility, and arrive in new condition.  Delivery of replacement items will occur a delivery charge. Please inform us of your intention to return a product beforehand and as soon as possible.

15.3.     Please refer to our Returns and Exchange Policy for further information - which can change without notice.

16.    Payment 
16.1.    Payment for purchases must be made in New Zealand currency NZD only.  
16.2.    Purchases by VISA, Mastercard, Bank Deposit or Gilrose Finance.  
 

17.    Limitation of Liability 
17.1.    To the maximum extent permitted by law, without restricting the limitations and exclusions of liability contained elsewhere in these terms and conditions and subject to clause 17.2, our liability in relation to the supply of the products and the products themselves is limited to the purchase price of the products in respect of which such liability arises.  To the maximum extent permitted by law, we have no further liability or responsibility for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising.
17.2.    Without restricting the limitations and exclusions of liability contained elsewhere in these Terms and Conditions, to the maximum extent permitted by law we are not responsible for any damage whatsoever caused either to the goods supplied or as a result of the malfunction of the goods if in our reasonable opinion:
(a)    The goods are fitted by unqualified tradespersons or are fitted in an unprofessional manner; or
(b)    The goods are adapted to a use or which they are not specifically intended; or
(c)    The goods are added to or repaired using components not recommended by us or by the manufacturer; or
(d)    The goods are improperly stored or transported.

19.    Force Majeure
Appliance Smart shall not be liable for any loss or damage directly or indirectly arising out of on in connection with any delay in delivery or where failure to deliver is outside Appliance Smart reasonable control.

20.    Variation
We reserve the right to vary these Terms and Conditions in our absolute discretion without notice. The Terms and Conditions that apply to you are those which are current and in force at the time of your Purchase.

21.    Glass Splashbacks
Where glass splashbacks are used near gas hobs the hob should be installed at least 50mm from the splashback.

22.    Damage in Transit
22.1  Goods not examined at the time of delivery must be signed for as 'not checked' or subject to inspection'. Otherwise they will have been accepted as in good order and no claim for damage in transit may be made.

22.2  Any damage or defects discovered in ‘unchecked’ goods subsequent to acceptance on delivery must be notified to us without delay and within 72 hours. To make a damage claim, simply email us with an explanation of how the damage was discovered and photos of the damaged appliance and the packaging it came in.  Photo's of the packaging must clearly show all sides of the packaging even where there is no damage.  UNDER NO CIRCUMSTANCES SHOULD A DAMAGED APPLIANCE BE INSTALLED OR USED.  Installing an appliance will be taken as confirmation that you have accepted the goods and that the damage occurred whilst the appliance was in your care.

22.3. Goods reported as damaged after the 72-hour period will be deemed to have been damaged whilst in your care and replaced only at the sole discretion of ApplianceSmart.  Appliances that have been installed and/or used cannot be returned for replacement and will be deemed to have been accepted.

22.4  Faults reported after the 72-hour period following delivery will come under the manufacturer/importer’s warranty. The customer will report the fault to the appropriate help desk or complete the online Warranty Service Request Form.

23 .    Gas Appliances
Gas appliances can be configured for Natural Gas or LPG by your installer with parts supplied. Please ensure that you inform us which you need at the time of purchase or soon after.

24.     Installation
We do not carry out installations.  Gas and electrical appliances should be installed by suitably qualified and registered personnel.

25.     Cancelling your order
Please note that cancelling an order (before it is dispatched) for no other reason than you have changed your mind, could result in charges being made to recover our costs. For example, Credit card fees and freight charges are non-refundable so we will have to recover our costs from your payment.

26.     Specials Offers
We always try to maintain a selection of products at specially reduced prices.  These offers are limited by the by stock and time.  We reserve the right to withdraw and or replace offers at any time.