TERMS AND CONDITIONS OF USE OF ESPRESSOTORIA.CO.NZ
2 Use of the Website(s)
2.1 By accessing and using the Website, you represent and warrant that:
2.2 You acknowledge and agree that you must not:
- a. Use the site for any activities that breach any laws or infringe any third party’s rights;
- b. tamper with or hinder the operation of the Website;
- c. knowingly transmit any viruses, worms, defects, Trojan horses, or similar disabling and malicious code to the Website;
- d. modify, adapt or reverse engineer any portion of the Website;
- e. use the Website in any manner or way which interferes with the use by any other use or customer, or defames, harasses, threatens, vilifies or offends any person or group, or prevents any other person from using or enjoying the Website;
- f. make fraudulent enquiries, purchases or requests through the Website;
- g. use the Website to engage in any illegal conduct;
- i. attempt, engage or permit another person to do any of the above acts.
- 3. Membership
3.2. You must be over the age of eighteen (18) years of age in order to become a member to the Website, and otherwise place an order for Goods.
3.3. We only permit one registration per email address provided in the Registration Form. If you elect to use your workplace email address, then you accept and are responsible for, compliance with your workplace’s policies in relation to emails.
3.4. You must keep your password secure, and you agree to immediately notify Us as soon as you become aware of any security breach or unauthorised use of your password or account as soon as you become aware.
3.5. Membership is non-transferable.
4 Intellectual Property
4.2 You acknowledge that the copyrights, trademarks and other intellectual property rights in the artwork, graphics, text, video and audio clips, logos and other content available on the Website (“Content”) is owned by, or licensed to, Vittoria. Vittoria also retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it.
4.3 You may download Content from the Website for your personal, non-commercial use provided you do not remove any copyright and trade mark notices contained on the Content.
4.4 Save for the permitted uses at 4.3, you must not use the Website or the Content for any other purpose without the express written consent of Vittoria.
5 Warranties, Representations and Liability
5.1 Vittoria (and its employees, servants or agents) does not warrant or make a representation that:
a) the Website, or the server that makes the site available on the internet, are free of software viruses;
b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
c) errors and defects in the Website will be corrected.
5.2 Neither Vittoria (and its employees, servants or agents) nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential or indirect loss, or punitive damages, arising out of your access to, or use of, or inability to use or access, the Website, whether due to a breach of contract, breach of warranty, negligence, or otherwise, even if Vittoria has been notified or advised of the possibility of such damages.
5.3 Vittoria assumes no responsibility, and shall not be liable for:
a) any damage to, or virus that may infect, your computer equipment or other property on account of your access to, use of browsing in the Website, or your downloading of any Content;
b) errors or omissions in the Website, or linked sites on the internet;
c) delays to, interruptions of or cessation of the services provided in the Website, or linked sites,
Except provided that we do not limit in any way our liability at law for death or personal injury caused by our negligence.
5.4 To the extent permitted by law, everything on the Website is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.1 You agree to defend, indemnify and hold harmless Vittoria (its affiliates, directors, officers, employees, agents, shareholders, licensors and representatives) and any other party involved in creating, producing or delivering the Content and/or the Website, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of:
a) your use of, or activities in connection with, the Website, the services, or the software; and
7 Third Party Websites
7.1. The Website contains links to sites on the internet owned and operated by third parties and which are not under the control of Vittoria.
7.2. In relation to the other sites on the Internet, which are linked to the Website, Vittoria:
a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the owner of the linked site; and
b) is not responsible for the material contained on those linked sites.
8.2 Vittoria reserves the right to contact any authority, consultant or advisor, and to disclose any personal or other information it reasonably consider necessary to take legal action, regarding your conduct or use of the Website.
Terms and Conditions of Sale
- 1. Definitions
In these terms:
New Zealand Consumer Law means the New Zealand Consumer Guarantees Act 1993.
Goods means any goods provided by Vittoria to you.
GST means the same as in the Goods and Services Tax Act 1985 (NZ).
Price means the price of the Goods as displayed on the Website, and as varied by Vittoria from time to time.
Terms of Sale means these terms and conditions of sale.
You means a registered member or guest of the Website, purchasing Goods from Vittoria.
Vittoria means Vittoria Food & Beverage Pty Limited (CN 4299999) and its officers, employees and agents.
Website means Espressotoria.co.nz
- 2. Acceptance of these Terms of Sale
2.1 Each time you purchase Goods from Vittoria using the Website, you agree that these Terms of Sale will govern that transaction to the exclusion of all other conditions. If you have entered into a separate agreement for the supply of Goods with Vittoria, these Terms of Sale will prevail to the extent of your online order.
2.3 Vittoria reserves the right to modify these Terms of Sale from time to time by posting an updated version on the Website. Vitoria encourages you to check these Terms of Sale regularly.
- 3. Placing Orders, Acceptance or Rejection
3.2 You acknowledge that Goods on the Website are available for purchase only within New Zealand.
3.3 In order to purchase Goods from the Website, the delivery address you nominate must be within a suburb where Vittoria provides delivery (in Vittoria’s absolute discretion). At any time, if an order contains a delivery address and suburb that are not within Vittoria’s delivery area, the order will not be processed.
3.4 An order placed through the Website is an offer to purchase the specific Good(s) for the Price (plus any delivery charges and other applicable taxes), at the time you place the order.
3.5 You warrant that the information provided in the details of your order are accurate and complete. You acknowledge that you may be asked to confirm your order details, when placing an order.
3.6 Your order becomes effective upon successful transmission after you press “Place Order” on the Website. You cannot cancel, or otherwise change the order after that time. You will receive an email confirming the placement of your order, to your nominated email address.
3.7 We reserve the right to accept or reject any order placed by you for any reason, including but not limited to the unavailability of Goods, an error in the Price of the Goods, or an error in your order. Vittoria will be deemed to accept an order if Vittoria fails to reject an order within 15 business days of the receipt of the order.
3.8 If we reject an order, we will notify you within a reasonable amount of time, and will arrange for a full refund of any payment made by you within a reasonable amount of time.
3.9 You acknowledge that you are not permitted to purchase any Goods from the Website for resale to a third party or for trade purposes. If Vittoria is concerned with the quantity of product within an order, we may contact you after you submit your order, and you acknowledge that Vittoria may reject your order in accordance with clauses 3.5 and 3.6 above.
- 4. Payments
4.1. Payment must be made by credit card only (Mastercard and Visa Debit/Credit Card only) and via the Westpac secure gateway facilities accessible via the Website, and will be subject to the terms and conditions of that provider.
4.2. If we cannot accept payment from your credit card, the order will not be processed and you will not be contacted.
4.3. You authorize Vittoria to debit the amount that is payable for your order from your nominated credit card.
4.4. You must not pay, or attempt to pay, for the Goods through fraudulent or unlawful means.
4.5. You will receive a tax invoice by email once payment in respect of your order has been processed.
- 5. Price
5.1. Prices shown on the Website are in New Zealand Dollars and include GST where applicable. You may also be charged a delivery fee (which may also include GST where applicable).
5.2. Prices are subject to change, in Vittoria’s absolute discretion, and without notice to you.
- 6. Risk, Title, Delivery
6.1. Title in the Goods passes to you on delivery.
6.2. Risk in Goods passes to you on delivery of the Goods.
6.3. Your order will be delivered via Poste Haste Limited’s standard delivery service. Our delivery terms are stated within our Delivery Policy, as published on this Website. That policy is incorporated into this Terms of Sale, and may be changed from time to time without notice to you.
6.4. You may be charged a delivery fee, as set out in our Delivery Policy.
- 7. Availability of Goods
7.1. You acknowledge and agree that the Goods on the Website may be out of stock or unavailable, and Vittoria may not be able to fulfill your order or part of your order. Vittoria may elect to contact you within five (5) business days to either arrange a full or partial refund, or change your order to replace a particular item with another good, as agreed by you, or in accordance with some other arrangement agreeable to you. Otherwise, Vittoria will, at its discretion, cancel your order and arrange a full refund for any Good unavailable.
7.2. We reserve the right to withdraw or otherwise suspend any Good on the Website, either temporarily or permanently, at any time and without notice to you.
- 8. Returns Policy and Refunds
8.1. Vittoria’s Returns Policy applies to all purchases of Goods, and forms part of these Terms of Sale. Our Returns Policy is in addition to, but does not affect, any rights you are entitled to under New Zealand Consumer Law.
8.2. Any refunds of Goods, in the circumstances provided under these Terms of Sale or otherwise under your rights under New Zealand Consumer Law, will be credited to the credit card you nominated for use in payment for your order.
- 9. Warranty and Liability
9.1. Vittoria’s Warranty Policy applies to all purchases of Goods, and forms part of these Terms of Sale. You should consult and retain your product documents for more detailed information on the warranty. For the avoidance of doubt:
(a) Vittoria is not the manufacturer of the Espressotoria capsule machines; and
(b) Our warranty is additional to the guarantees and rights of redress under New Zealand Consumer Law.
9.2. Subject to your rights under the New Zealand Consumer Law which cannot be excluded, to the fullest extent permitted by law,
(a) We exclude all implied terms and warranties whether statutory or otherwise, relating to the Website, Goods or the subject matter of these Terms of Sale;
(b) We exclude and disclaim all warranties, express or implied as to the accuracy, reliability, timeliness or otherwise of any information contained in or referred to on the Website and/or any linked sites;
(c) Any liability of Vittoria in relation to a breach by us of any express or implied warranties in respect of the Goods, will be limited at our election to the replacement of the Goods, or supplying equivalent Goods;
(d) We are not liable to you for any indirect, special, economic or consequential loss or damage, or any loss of revenue, profits, goodwill, data, opportunities or anticipated savings, arising out of or in connection with the Website, these Terms of Sale or with your use of or access to the Website (including the installation, downloading, use or performance of any software related to the Website)
(e) Our liability to you for loss or damage of any kind arising out of these Terms of Sale will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
- 10. Termination
10.1. Vittoria may immediately terminate your access to and use of the Website (and cancel your membership of the Website), at any time, without notice to you, and for any reason whatsoever, including but not limited to a breach or suspected breach by you of these Terms of Sale, or your use or attempted use of the Website in an unlawful or fraudulent manner.
10.2. If Vittoria effects a termination in accordance with clause 10.1, any orders which have been accepted will not be affected, and will be supplied to you in accordance with these Terms of Sale.
10.3. You may terminate your account with the Website at any time, and without notice to Vittoria.
- 11. Miscellaneous
11.1. Vittoria may provide you notice by electronic mail (email), to your nominated account email address. You may provide notice to firstname.lastname@example.org. An email sent by a party will be deemed to be received by the other party at the time that it is sent provided no error message is received (unless sent outside of normal business hours, in which case it will be deemed to be received at the beginning of the next business day).
11.2. If any part of these Terms of Sale is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Sale and the severed part will not affect the validity and enforceability of any remaining parts.
11.3. The laws of New Zealand govern these Terms of Sale.