These Internet Terms apply to the sale and purchase of all DELONGHI and KENWOOD and BRAUN branded products (Products) by DeLonghi New Zealand Limited IRD: 85-291-866 which is a wholly owned subsidiary of DeLonghi Australia Pty Limited ABN 49 104 012 857, located at Nexus Park, Unit 3, 43 Lyn Parade, Preston, NSW, Australia (a company incorporated in Australia) and acts in New Zealand for the account of DeLonghi Australia Pty Limited (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.
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 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:
- in stock and readily available to the Purchaser for prompt delivery to the customer; and
- which are directly supplied to the Purchaser by the Company under, and in accordance with, these Terms.
- Internet sales are only permissible:
- via a website address containing the Purchaser's trading name (e.g.www.tradingname.com.au);and
- 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.
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.
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.
General Terms and Conditions of Sale
The Purchaser acknowledges and agrees that the sale and distribution of Products by the Purchaser are also subject to the Company's General Terms and Conditions of Sale. The Purchaser hereby agrees to comply with both these Internet Terms and the Terms in its sale and distribution of the Products.
Buying from the Website
- You acknowledge and warrant to De’Longhi Group that:
- you are a New Zealand resident aged 16 years or over;
- 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;
- 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
- all information (including credit card details) you provide to De’Longhi Group is true and complete.
- 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.
- 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.
- 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.
- 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.
- 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.
- Orders will only be accepted from and dispatched to street addresses in Australia unless specified.
- 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.
- 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.
- 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.
- To the fullest extent permitted by applicable law, De’Longhi Group (including its employees, officers, agents and contractors):
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- To be eligible to claim, participants must be employees of partners participating in the De’Longhi Group Affiliate Program.
- 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).
- 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.
- 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.
- De’Longhi Group reserves the right to cancel, terminate, modify or suspend the offer at any time without prior notice.
- 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.