Supply of Accessories and Replacement Spare Parts – Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Products listed on our website www.bosch-home.co.nz (Our Site) to you.

Please read these terms and conditions carefully before ordering any Products from Our Site.

By ordering any of our Products from Our Site you agree to be bound by these terms and conditions.

You may wish to print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.

If you refuse to accept these terms and conditions, you will not be able to order any Products from Our Site.

1. INFORMATION ABOUT US

We are BSH Home Appliances Limited (NZCN 1522320) (NZBN 9429035347989) of Level 3, AON House, Smales Farm Business Park, 74 Taharoto Road, Takapuna, Auckland 0622 (BSH) and we operate the website www.bosch-home.co.nz.

2. SERVICE AVAILABILITY

Please note, we do not accept orders from, or deliver to addresses, outside New Zealand.

3. YOUR STATUS

By placing an order through Our Site, you warrant that you are:

(a) legally capable of entering into binding contracts;

(b) at least 18 years old; and

(c) ordering from within New Zealand.

4. PERMITTED USE

You must only use the Site for the purpose of ordering Products and activities directly related to doing so e.g. communicating with us and researching products (the Permitted Use).

5. COPYRIGHT / TRADE MARKS

5.1 Except to the extent that you are expressly permitted under the fair dealing provisions or other provisions of the Copyright Act 1994, you must not reproduce or otherwise use material, software, text, graphics, and layout in, or trade marks depicted on, the Site except to the extent necessary for the Permitted Use or otherwise with the permission of BSH.

5.2 You grant to BSH a non-exclusive, perpetual, irrevocable, fully paid-up, royalty-free licence to use and exercise all intellectual property rights in any content posted by you to the Site.

6. RULES OF CONDUCT

6.1 As a condition of use, you must access and use the Site only in accordance with these terms and conditions and any reasonable directions or guidelines provided by BSH from time to time.

6.2 You must not (and must not permit any third party to) either:

(a) use the Site in a manner that, or

(b) upload, post, submit or otherwise distribute or facilitate distribution of any content on or through the Site (including by way of links to content on any other site) that:

(1) infringes any patent, trade mark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law;

(2) is unlawful, threatening, abusive, harassing, defamatory, misleading or deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;

(3) constitutes unauthorised or unsolicited advertising or promotion, junk or bulk e-mail ("spamming"); or

(4) impersonates any person or entity, including any of our employees or representatives.

6.3 You must not:

(a) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure;

(b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

(c) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);

(d) directly or indirectly introduce or permit the introduction of, any virus, worm, trojan or other malicious or harmful code into the Site, or in any other manner whatsoever corrupt, degrade or disrupt the Site;

(e) violate or attempt to violate the security of the Site, including accessing data not intended for you; attempting to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures without proper authorisation; attempting to interfere with service to any other user; or using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;

(f) run any form of auto-responder or "spam" on the Site;

(g) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; or

(h) harvest or scrape any content from the Site.

7. UNAUTHORISED ACCESS TO INFORMATION

Nothing in the Site is to be taken as extending any facility, power or approval to you to:

(a) search for or access information and details, including confidential information, which you are not authorised to search for and/or access; or

(b) lodge orders that are not genuine and legitimate orders.

8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

8.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Order Acknowledgment). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

8.2 The Contract will relate only to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we have confirmed acceptance of your order for those other Products within a separate ‘Confirmation of your order’.

9. CANCELLATION

9.1 Order cancellations are subject to BSH’s prior approval.

9.2 You must call our Spare Parts Team on 0800 245 700 and provide us with your order number, order date and full details of the order that is being cancelled.

9.3 A handling fee of 15% of the total order must be paid (deducted from the value of the returned products) if you cancel your order.

10. AVAILABILITY AND DELIVERY

10.1 BSH will use its best endeavours to effect delivery in the time stated (if a time is stated in writing) but if BSH fails to do so by reason of:

(a) inability to obtain supplies of materials or parts from approved sources;

(b) any strike, shortage of labour or lockout;

(c) war, riots, accident, civil commotion, fire, Act of God; or

(d) any other event whatsoever beyond the reasonable control of BSH,

10.2 BSH may at its option cancel the Contract or any unfulfilled part or extend the time for its performance or completion by the time lost because of the event preventing or delaying delivery.

10.3 Unless otherwise agreed in writing, BSH will deliver the Products to the buyer’s premises during business hours. The invoice will be included with the package. For an order value under $100 (inc. GST) a standard delivery fee of $7.50 (inc. GST) applies.

10.4 Delivery is deemed to occur when the Products are unloaded at the buyer’s premises (or other premises agreed by the parties). If the buyer fails or refuses, or indicates to BSH that it will fail or refuse, to take or accept delivery, then (unless BSH otherwise agrees) the Products will be deemed to have been delivered when BSH was ready, willing and able to deliver them.

11. RISK AND TITLE

11.1 The Products will be at your risk from the time of delivery.

11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

12. PRICE AND PAYMENT

12.1 The price of the Products and our delivery charges will be as quoted on Our Site from time to time, except in cases of obvious error.

12.2 Product prices include GST.

12.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

12.4 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on Our Site may be incorrectly priced. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.

12.5 Payment for all Products must be made by credit card or debit card accepted by us. We will charge your credit card or debit card after we have sent you the relevant Order Confirmation.

12.6 Credit card payments will be processed by our nominated payments processor.

13. OUR REFUNDS POLICY

13.1 Please see our Bosch Online Shop Returns – Terms and Conditions for further details relating to our returns process.

13.2 If you return a product to us:

(a) because you have cancelled the Contract between us (see clause 8 above), subject to the cancellation being approved by us prior, we will process the refund due to you as soon as possible.

(b) for any other reason (for instance, because you have notified us in accordance with clause 24 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

13.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

14. WARRANTY

(a) The manufacturer warranty terms and conditions are as detailed in the Product warranty leaflet that is supplied with the relevant products.

(b) Should you wish to report a problem with, or request warranty for, a Product please contact Bosch Customer Service on 0800 245 700 or aftersales.nz@bshg.com

(c) Nothing contained in these terms and conditions excludes, restricts or modifies the application of any implied condition or warranty, the exercise of any right or remedy, or the imposition of any obligation, right or liability implied or conferred under New Zealand Consumer Law, or any other statute, to the extent that doing so would contravene that statute or cause any part of these terms and conditions to be void.

(d) To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on BSH are expressly excluded from these terms and conditions.

(e) To the extent that New Zealand Consumer Law permits BSH to limit its liability, then BSH's liability will be limited to:

(1) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; or

(2) in the case of goods, replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

15. LIABILITY

15.1 New Zealand Consumer Law may confer certain rights and remedies on you in relation to the provision by BSH of Products or services under these terms and conditions. These terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee,right or remedy conferred by or implied under any provision of New Zealand Consumer Law or any other statute where to do so would contravene the relevant statute or cause any part of these terms and conditions to be void or unenforceable (Non-Excludable Rights).

15.2 To the extent permitted by law (including by New Zealand Consumer Law):

(a) all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under these Terms; and

(b) BSH is not liable (including in negligence) for any loss of profit, loss of revenue, loss of goodwill, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or any indirect, consequential or special loss or damage incurred by you or any other person arising under or in connection with these Terms or your access and use of the Site (even if we have been advised of the possibility of such loss or damage).

15.3 Subject to clause 15.2, and to the extent permitted by law (including by New Zealand Consumer Law), BSH's total liability to you under or in connection with these these terms and conditions (including in negligence) is limited in the aggregate to the lowest of the cost of supplying the Products or services again and payment of the cost of having the Products or services supplied again. Subject to any Non-Excludable Rights you may have, BSH may make any election contemplated by this clause 15.3.

16. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17. NOTICES

All notices given by you to us must be given to BSH Home Appliances Limited. at partsupport.nz@bshg.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

18.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

18.2 You may not transfer, assign, charge, or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

19. EVENTS OUTSIDE OUR CONTROL

19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks; and

(f) the acts, decrees, legislation, regulations or restrictions of any government.

19.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

20. BREACH

If you breach these terms and conditions or if BSH reasonably believes that you may have breached these terms and conditions and that it is appropriate to exercise one of the remedies in this clause in order to preserve the operation and security of the Site, then without limiting any other remedies available, BSH may without notice to you take one or more of the following actions:

(a) cancel or limit your access to the Site;

(b) place any restrictions on your use of the Site; and

(c) disclose information about you and your use of the Site for the investigation of any unlawful or harmful activity.

21. WAIVER

21.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

21.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

21.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you.

22. SEVERABILITY

If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

23. ENTIRE AGREEMENT

23.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

23.2 We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

23.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

23.4 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

24. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

24.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

24.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

25. LAW AND JURISDICTION

Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of New Zealand. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of New Zealand.

26. YOUR PERSONAL INFORMATION AND PRIVACY

When you place an order with us (BSH Home Appliances Limited), we need to know your name, e-mail address, phone number and address to fulfil your order successfully. We may collect additional information such as your date of birth if you choose to provide this optional information. This information may be used for marketing purposes, if you tick the relevant boxes to agree that you wish to receive marketing material from us.

We do not collect or store the credit card details when you place an order online. You will be redirected to a secure hosted payment page of our payment gateway provider, Adyen www.adyen.com/ , to enter your payment card details and billing address.

We only ever see the name of the card holder, expiry date and the masked version of the credit card (first 4 digits and last 4 digits). For our mutual protection and to prevent fraud, all data is encrypted and transmitted using Secure Socket Layer (SSL) technology.

We may need to collect your full credit card details including CCV number and billing address on other occasions such as when you place a phone order with us.

Your personal information is otherwise handled in accordance with our Privacy Policy which is located at https://www.bosch-home.co.nz/metapages/privacy and which explains what other uses and disclosure (including overseas) we may make of the personal information we collect about you, how to seek access to and correction of your personal information how to complain and how we deal with complaints.

Effective: 16 October 2018