FISHER & PAYKEL APPLIANCES, INC. UNITED STATES ONLINE TERMS AND CONDITIONS
Effective from September 2020.
THESE TERMS AND CONDITIONS OF SALE AND WEBSITE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) ARE ENTERED INTO BY AND BETWEEN YOU AND FISHER & PAYKEL APPLIANCES, INC. (“Company”, “we”, “us”, “our”). THIS PAGE CONTAINS VERY IMPORTANT INFORMATION ABOUT US AND REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS AND/OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS AND USE OF OUR WEBSITE INCLUDING FUNCTIONALITY, CONTENT, AND SERVICES OFFERED ON OR THROUGH OUR WEBSITE, WHETHER AS A GUEST OR REGISTERED USER, AND APPLY TO THE PURCHASE AND SALE OF PRODUCTS AND SERVICES THROUGH THIS WEBSITE. BY USING OUR WEBSITE OR ORDERING PRODUCTS OR SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE OR ACCESS OUR WEBSITE.
WHO WE ARE AND HOW TO CONTACT US
We operate the Website https://www.dcsappliances.com/us/. We are Fisher & Paykel Appliances, Inc., a company registered in California under entity number C1903607 and with our registered office and main trading address at 695 Town Center Drive, Suite #180, Costa Mesa, CA92626-1902, United States of America.
If you would like to contact us for any reason, including because you have any complaints, please phone 1-888-936-7872 or email: firstname.lastname@example.org or email@example.com or fax: 1-800-547-1971.
If we have to contact you we will do so by phone, email or prepaid post to the address you provide to us. If we have to give you notice in writing, we will do so by email or pre-paid post as above.
Your use of our Website is also subject to our Website Terms and Conditions of Use. Please take the time to read our Website Terms and Conditions of Use.
TERMS AND CONDITIONS OF SALE
1. Ordering Products and/or Services
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
When you place an order for a product and/or Service on our Website, you are offering to purchase that product and/or Service from us. After you place an order, you will receive an email from us acknowledging that we have received your order and notifying you if we have accepted your order. Acceptance of your order and formation of the contract of sale between us will not take place unless and until you have received the above-mentioned confirmation email. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason and at our sole discretion.
You will be taken to have placed your order when the electronic instruction containing the order from you enters and is recorded in our database and we receive payment in full from you for that order.
We reserve the right to not accept any order from you including, without limitation, where stock is not available, there has been an error in the advertised price or product/Service description on our Website or if we believe (in our reasonable opinion) that the applicable order has been placed for commercial purposes, fraudulently or otherwise in breach of these Terms and Conditions of Sale. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us.
We reserve the right not to accept any order notwithstanding that we had charged you for the order. In the event that payment has been made and your order is not accepted by us and/or cancelled, we will refund the purchase price to you in full, subject to our Cancellation and Returns Policy.
We only supply products and services for domestic and private use. You agree not to use the products or services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We must supply products that are in conformity with these Terms and Conditions of Sale and any accepted order placed by you.
We will not be liable or responsible for delay in performing, or failure to perform, any of our obligations under these Terms and Conditions of Sale or any accepted order if such delay or failure results from events, circumstances or causes beyond our reasonable control. In such circumstances our obligations will be suspended and we shall be entitled to a reasonable extension of the time for performing such obligations.
2. Price and Payment
Payment must be received by us in full prior to our acceptance of each order. Order processing is contingent upon card approval and may be delayed should we experience difficulties in obtaining authorization.
You own the products once we have received payment in full, including all applicable delivery charges.
The prices of the products and services will be as quoted on our Website at the time you submit your order. All prices posted on this Website are subject to change without notice.
Unless expressly stated otherwise, the price for a product and/or service advertised on our Website:
- Does not include installation, any accessories, replacement parts, extended warranties or delivery or handling charges;
- Is in United States Dollars; and
- Is exclusive of sales tax.
We currently accept the following cards:
- VISA debit;
- American Express;
- MasterCard credit;
- MasterCard debit;
- Diners credit; and
- Discover credit.
We may offer other payment alternatives from time to time. Each time you submit credit or debit card or other payment information on this Website, you represent that:
- You are authorized to use the credit or debit card or other payment account;
- The information you supply to us is true, correct and complete;
- Charges incurred by you will be honored by your credit or debit card company or other payment system provider; and
- You will pay charges incurred by you at the current advertised prices, including all applicable taxes, if any.
If an order appears fraudulent in any way, we reserve the right to cancel the order and notify the card holder and the proper authorities.
Telephone orders can be placed by calling 1-888-936-7872.
3. Replacement Parts and Installation
The most up to date edition of the applicable Product Use & Care Manual should be consulted prior to, and strictly followed in the course of, installation of any product. To download any of our Use & Care Manuals click here.
Only genuine replacement parts must be used in any product.
If notified by us (such as, in the applicable product Use & Care Manual) installation of replacement parts must be undertaken by an authorized Fisher & Paykel, DCS or other appropriately qualified or registered technician. To locate an authorized Fisher & Paykel or DCS technician call 1-888-936-7872 or to obtain further information click here. We do not accept any liability whatsoever for any loss, costs or damage caused by using replacement parts which are not genuine replacement parts and/or replacement parts not being installed by an authorized Fisher & Paykel or DCS technician (where we have advised that an authorized Fisher & Paykel or DCS technician is required) or other appropriately qualified or registered technician.
CANCELLATION AND RETURNS POLICY
1. RIGHT TO CANCEL
You have the right to cancel this contract within 14 days from the date you place your order with us without giving any reason in accordance with the policy set out below.
Products that are opened, used, damaged or do not have a receipt may be denied a refund. Returned products will not be accepted unless they are in brand new/original condition with all packaging, product literature and warranty cards in the exact condition as received. Returned products must be sealed/unopened, with packaging in original condition and accompanied by a valid receipt.
To exercise the right to cancel, you must inform us of your decision to cancel by Phone: 1-888-936-7872 or email: firstname.lastname@example.org or fax: 1-800-547-1971. If you are emailing us or writing to us please include details of your order to help us identify it. We will provide you with further instructions on how to return your product.
2. EFFECTS OF CANCELLATION
If you cancel this contract, we will refund the purchase price. Shipping and delivery costs will not be refunded for a change of mind return.
We will make the reimbursement without undue delay.
We will make the reimbursement using the same means of payment as you used for the initial transaction. We may withhold reimbursement until we have received the products back.
Any small items such as spare parts must be sent back or hand delivered to us at Fisher & Paykel Appliances, Inc., Fisher & Paykel 2100 Danieldale Road, Suite 140, Lancaster, Texas 75134 without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the products before the period of 14 days has expired. You will have to bear the direct cost and risk of returning the item. We recommend you use a carrier that can provide you with proof of delivery for your protection.
We will collect large item returns such as appliances (e.g. dishwashers or refrigerators) from the address to which they were delivered. We will contact you to arrange a suitable time for collection. We will bear the cost of returning such appliances.
Our liability in relation to spare parts under any implied warranties, including the implied warranty of merchantability (an unwritten warranty that the product is fit for ordinary use) expires ONE YEAR (or such longer period as required by applicable law) from the date of purchase of any spare part by the first consumer. Some states do not allow limitations on how long an implied warranty lasts, so this limit on implied warranties may not apply to you.
A limited warranty also applies in relation to larger products such as appliances. Please consult the Service and Warranty booklet that accompanies your appliance.
Products Damaged in Transit
If any products are damaged, you must contact us on phone 1-888-936-7872 or email: email@example.com within 24 hours of delivery. Once the damage has been verified your return will be processed. The product must be returned in original unused condition, complete with its original packaging, product literature, etc.
If you have any queries, problems or concerns about a product or Service, please contact us on phone 1-888-936-7872 or email: firstname.lastname@example.org.
We will arrange for shipment or delivery of the products to you at any address throughout the United States. We cannot deliver to a Post Office Box or APO/FPO addresses. If you order large or bulky items, you must provide a delivery address where someone will be available to sign for the receipt of your products.
Delivery time and price may vary depending on your location, the product that you have purchased, available shipping options, and shipping options selected by you. If you order large or bulky items, we will contact you to arrange delivery and an estimated delivery date.
The products we sell are often big and heavy things to lift, so there will be certain occasions when we may be unable to get a product into your property. Lots of steps, narrow corridors, radiators and restricted parking are all things that may hinder our ability to deliver. In these situations, we may be able to offer delivery to the nearest point possible e.g. your garage, so you can make arrangements to get the Product in. If not, we will attempt another delivery date or give you a full refund. It is the responsibility of the homeowner to verify fit and we will not take responsibility for products that will, upon arrival, not fit through a door, hallway, etc. Please be advised, if a product needs to be exchanged or returned due to a fit issue, there will be a charge to ship the product back to us and to restock it. Customers should carefully consider the accessibility of their space when making their purchase. Occasionally something will happen out of our control such as floods, snow or other adverse weather conditions or things like sporting events which result in closed roads. We will do what we can, but disclaim any liability if delivery cannot be fulfilled due to reasons beyond our control.
Delivery will be to the US address specified in your order. If your order is one where someone must be available to sign for receipt and no one is available at the time of delivery, we will leave you a note that the products have been returned to our depot, in which case, please contact us to rearrange delivery. If no one is present to receive the product, it will be left at your address.
Delivery of an order shall be completed and all risk in the products (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the address you gave us.
We shall be under no liability for any delay or failure to deliver products if the delay or failure is caused by circumstances beyond our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
You agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to you, even without a signature.
2. ADDITIONAL SERVICES
The charges (if any) for additional services are clearly laid out throughout the order process and will be displayed on the checkout page when you place your order.
Unfortunately, we are not able to offer installation or removal at this stage.
If we are replacing your old appliance, please disconnect, defrost if necessary and ensure all water, laundry and other personal items are removed from the appliance before we arrive.
WEBSITE TERMS AND CONDITIONS OF USE
1. Limitation on Use
This Website may only be used in accordance with these Website Terms and Conditions (which may change from time to time), and for non-commercial purposes only.
We may stop the operation of the Website in full or in part at any time. We may change, suspend or end any service, or change and modify prices prospectively at our discretion. The Website or any related software on the Website is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
You may use our Website only for lawful purposes and by using the Website, you agree that you will abide by all applicable federal, state and local law, rules and regulations, or the orders of any federal, state or local government. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party
We do not guarantee that our Website, any content on it or any service it provides will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our website for business or operational reasons.
2. Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Website Terms and Conditions through your use of our Website. When a breach of these Website Terms and Conditions has occurred, we may take such action as we deem appropriate.
Failure to comply with these Website Terms and Conditions constitutes a material breach, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Website;
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you; or
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
3. Limitation of Liability; Disclaimers
Our Website tells you about Fisher & Paykel, our business and products and services and the terms and conditions on which we sell products and services to you.
WHILE WE ENDEAVOUR TO PROVIDE ACCURATE AND UP TO DATE INFORMATION, ERRORS AND OMISSIONS MAY OCCUR. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES ON THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS (OR ANY SIMILAR THREATS) AND/OR AVAILABILITY. WE DO NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IF YOU ARE USING OUR WEBSITE OR ANY OF OUR PRODUCTS AND/OR SERVICES FOR PERSONAL OR DOMESTIC USE, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE ANY RIGHTS THAT YOU MAY HAVE UNDER ANY RELEVANT LAW.
The negation of damages set forth above are fundamental elements of the basis of the bargain between you and us. This Website and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Website shall create any warranty, representation or guarantee not expressly stated in this agreement.
4. Changes to Website
We may update our Website from time to time, including without limitation, updating our prices and the products and services that are offered on our Website.
5. Intellectual Property
All intellectual property rights in this Website, and all derivative works based thereon, are owned by Fisher & Paykel or our licensors.
No part of this Website, including but not limited to, the trademarks, logos, names and product listings, may be copied, extracted or otherwise reproduced, in any form whatsoever, without the express written consent of Fisher & Paykel (and/or, if applicable, the licensor). You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
This Website may contain hyperlinks to other websites. Those links are included for convenience only and we do not endorse the content of those third party websites. You understand that we do not operate or control the products or services offered by third party websites. Your access to and/or use of those websites is at your own risk. We make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to third party content including, without limitation, non-infringement of third party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Website or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.
7. Login Details and other Security Information
Depending on which aspects of our Website you use, we may provide personalized security information for the Website, including without limitation, any login and/or username to you from time to time. You must treat all such security information as strictly confidential, and not disclose it to anyone. Any such security information which is generated by us and supplied to you remains our property.
We are entitled to rely on the provision of your security information without further enquiry, as evidence of your identity, authority to use the relevant part of our Website and/or place orders. As a result, to the extent permitted by law, you accept responsibility for all activities that occur under your security information.
You agree to notify us immediately if you have any reason to believe that your security information has become known to anyone else, or if your security information is being, or is likely to be used in an unauthorized manner. Such notice will not release you from your obligations in relation to your security information.
BY USING OUR WEBSITE AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD FISHER & PAYKEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OUR PRODUCTS OR SERVICES, OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM FISHER & PAYKEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO ITS WEBSITE, PRODUCTS OR SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FISHER & PAYKEL’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
1. Goods Not for Resale or Export
You agree to comply will all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from this Website for your own personal, family, or household use only, and not for resale or export.
2. No Waivers, Severability and Entire Agreement
3. Alternative Dispute Resolution
AT COMPANY'S SOLE DISCRETION, WE MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THE USE OR APPLICATION OF THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA LAW. ALL CLAIMS MUST BE BROUGHT IN A CLAIMANT’S INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE.
4. Amendment and Assignment
We amend these Terms and Conditions from time to time without prior notice, in our sole discretion. Please look at the top of this page to see when these Terms and Conditions were changed. You will be subject to the latest version of the Terms and Conditions in force at the time that you use our Website and/or place an order for products and/or services via our Website.
We may transfer our rights and obligations under any order accepted by us to another organization, but this will not affect your rights or our obligations under these Terms and Conditions.
5. Governing Law
These Terms and Conditions are governed by the laws of the State of California. This means any dispute or claim arising out of or in connection with them will be governed by the laws of the State of California. You and we both agree that the Courts of Orange County, California will have non-exclusive jurisdiction, subject to the terms set forth herein below.