Terms & Conditions

 

About These Terms And Conditions

Legal Capacity To Transact

Placing Your Order

Payment Methods And Processing

GST

Prices

MRRP

Supply Of Your Products

Delivery Of Your Products

"Your Account" - Your Credits

Your Rights To Return A Product

Our Liability

Your Data - Use And Protection

Credit Card Fraud

General

Force Majeure

About These Terms And Conditions

 

In these Terms and Conditions "we" and "us" mean HWC, and "you" means you the customer.

These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

 

International Sales

HotWaterCylinder.co.nz only sell and ship Products within New Zealand.

 

Legal Capacity To Transact

 

If you are under the age eighteen (18) years you can not place orders with HWC.

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should HWC suffer any damage or other losses as a result of a transaction entered into by a minor, HWC reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with HWC.

Placing Your Order

 

You may place an Order by filling in the Order Form on the HWC Web Site and clicking the "Submit My Order" button.

When you place your Order, we will issue you with an Order Number. We will do this by email.

By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Hotwatercylinder.co.nz website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however HWC will make every effort to supply Products to you.

We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Auction Alliance and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.

If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

 

Payment Methods And Processing

 

HWC currently accepts PayPal, Visa, and Master Card  . (All Other offered Methods require E-Mail Contact in Advance.)

currently accepts PayPal, Visa, Master Card and. (All Other offered Methods require E-Mail Contact .)

Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday

We process credit card and PayPal payments after you click the "Submit My Order" button.

If a payment is not received within 3 Business days from the date that you receive your Order Confirmation, HWC reserves the right to cancel the transaction.

For credit card, moneybookers and PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.

 

Please Note:

Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.

You may be required to provide further identification for additional security reference checks.

If your PayPal payment is funded by an echeque this may substantially delay processing your Order while payment clears.

 

GST

 

HWC prices do not include GST unless otherwise stated in the individual Product descriptions. 

 

Prices

 

HWC always seeks to list Products with the most competitive prices.

always seeks to list Products with the most competitive prices.

HWC reserves the right to change prices for Products displayed at HWC at any time.

reserves the right to change prices for Products displayed at at any time.

 

 

MRRP - Manufacturer’s Recommended Retail Price

 

The MRRP is the sale price suggested by the manufacturer or distributor of merchandise.

The Manufacturer's Recommended Retail Price (MRRP) is not mandatory, although manufacturers and distributors may suggest that retail outlets maintain a price within the range of their suggestion.

In cases where a product is an exclusive offer available only on Hotwatercylinder.co.nz, MRRP may indicate the retail price of a product with similar features and specifications.

Customers should note that the MRRP is the applicable indicative price at the time of listing, and may not reflect current market conditions.

Customers are encouraged to compare prices via comparative price shopping engines online and through various other means in order to find the best deal. MRRP is not the same as ‘street price’ - Street Price can be broadly defined as the price at which the item actually sells in the free market.

Hotwatercylinder.co.nz is committed to providing the very best prices and unbeatable value to its customers. We welcome feedback and notice of price rollbacks in the market.

is committed to providing the very best prices and unbeatable value to its customers. We welcome feedback and notice of price rollbacks in the market.

 

 

Supply Of Your Products

 

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.

When your Order items have been dispatched, we will email you to confirm shipment of each item

As per our delivery terms below, we will endeavour to ensure: Orders paid by direct credit will be dispatched once the payment has gone through, usually the next working day. Credit card payments over the phone are processed immediately and once approved the order is dispatched, usually within 10min.

 

 

Delivery Of Your Products

 

Delivery time takes up to 14 business days from the date your payment is received.

In all instances estimated delivery times will be displayed at the check out for your Product.

HWC makes every effort to deliver your Product according to the estimated delivery times provided by HWC at checkout. The estimated delivery times are in business days (Monday through Friday)

makes every effort to deliver your Product according to the estimated delivery times provided by at checkout. The estimated delivery times are in business days (Monday through Friday)

Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us

We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.

We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.

Title and risk of loss to all Products will pass to you on delivery.

Notwithstanding the above, Hot Water Cylinder.co.nz will endeavour to ensure:  Orders paid by direct credit will be dispatched once the payment has gone through, usually the next working day. Credit card payments over the phone are processed immediately and once approved the order is dispatched, usually within 10min.

Installations:  

 

HotWaterCylinder.co.nz has plumbers registered throughout New Zealand and we can arrange for a plumber to contact you for the installation of your cylinder.

The 10% discount offer is currently only available in Auckland using an installer registered with and referred by HotWaterCylinder.co.nz.

The customer reserves the right to use any plumber they prefer for installations and is not restricted to a plumber registered with HotWaterCylinder.co.nz; however the discount above will not be able to be applied for.

Installations are contracted and negotiated between the customer and the installer and as such are independent of HotWaterCylinder.co.nz. The customer purchases the cylinder directly from us under our terms and conditions and pays us directly. The installer bills the customer for the installation as a separate contract. The customer will receive a receipt of payment from HotWaterCylinder.co.nz for the purchase of the cylinder and a separate receipt from the installer for the installation.

Any other materials not supplied by HotWaterCylinder.co.nz are the responsibility of the installer and any warranty for additional materials are the responsibility of the installer, not of HotWaterCylinder.co.nz

HotWaterCylinder.co.nz does not provide any warranty for the installation and any issues or disputes over the installation, either of cost or quality, are resolved directly between the customer and the installer.

 

Second Hand Cylinders:

Eligibility:

To be eligible, hot water cylinders must be;

·         In good working condition

·         Under five years old for mains pressure cylinders

·         Under ten years old for low pressure cylinders 

 

Sales:

 

Hot Water Cylinder.co.nz provides a free service to customers who may wish to sell their old hot water cylinder, where it is still in good condition, in order to offset the cost of a new one.

The sale of the cylinder is the responsibility of the vendor who will provide the details and price to hotwatercylinder.co.nz and becomes a negotiation between vendor and purchaser independent of hotwatercylinder.co.nz. Hotwatercylinder.co.nz may be able to advise an approximate value for the cylinder but makes no guarantee and the actual sale price is determined by the vendor.

Hotwatercylinder.co.nz provides the forum for the sale and passes on the contact details of the intended purchaser to the vendor whereupon the sale becomes the sole responsibility of the vendor. 

 

Hotwatercylinder.co.nz does not hold the cylinder in stock or provide delivery services. Storage, delivery and pick up of the cylinder are the responsibility of the vendor. 

 

Fees: 

 

The service is available free of charge if the customer purchases a new hot water cylinder through us. We do not charge either a listing fee or a success fee, however, at the time an interested party contacts us to inquire about a cylinder listed, we will require the credit card details of the vendor prior to passing on the details of the interested party if the vendor has not already purchased their new cylinder from hotwatercylinder.co.nz. 

 

If the vendor fails to purchase a new cylinder from hotwatercylinder.co.nz a standard fee of $NZ50.00 incl.GST will be charged.

 

Proceeds from the sale may be kept by the vendor or may be used to offset the purchase price of the new cylinder. The sale and proceeds remain the responsibility of the vendor and independent of hotwatercylinder.co.nz 

 

Warranty: 

 

Hotwatercylinder.co.nz does not provide any warranty either express or implied for any hot water cylinder listed and sold through hotwatercylinder.co.nz 

 

Should the purchaser be dissatisfied with the condition or price of the cylinder after purchase it remains the responsibility of the vendor. 

 

Hotwatercylinder.co.nz only provides the forum and contact for the sale and takes no responsibility for the accuracy of listed details, including description, condition and price. The transaction is a private arrangement between vendor and purchaser.

Your Rights To Return A Product:

 

No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.

If your product is damaged on delivery or any faults we will replace the product and do our best to make sure everything is working correctly.

 

Dead On Arrival Products - "DOA"

A HWC Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.

A HWC Customer Service member will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product.

Refunds will only be offered where a replacement Product can not be provided.

Where HWC has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of HWC.

If the Product is deemed by Customer Services NOT to be DOA, HWC may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.

When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.

When a refund is given, the returned DOA Product becomes our property.

HWC reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, HWC will impose a $35 handling and administration fee.

reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, will impose a $35 handling and administration fee.

 

Product Problems After Delivery

If your item arrives DOA (Dead On Arrival) or you find a defect arises after delivery and a valid claim is received by Customer Service within 30 days of delivery, HWC will exchange the Product where possible, or refund you the purchase price of the Product. Should you contact us outside the 30 day period customer service management will consider each claim on a case by case basis on its merits.

Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 30 days from dispatch.

We will make arrangements with you for the return of the Product.

The delivery time for replacing the Product will be the same as stated for the original Product.

Replacement Products are provided with the same Warranty as the returned Product.

 

Return Authorization Number - A Must Have

A Return Authorization Number (RAN) is required for both replacement Products and refunds.

Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with a RAN. Products can not be returned without a RAN. The Product should be returned to HWC within 30 calendar days of the issuance of the RAN. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.

 

Organizing the Return of DOA Products

DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.

Where you received a DOA Product by Australia Post eParcel, Customer Service will email you a PDF docket containing a RAN which you must affix to the Product. You must then leave the Product at any Australia Post Office.

Where you have received a DOA Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you.

 

When a Replacement Product is arranged:

A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.

The delivery time for the replacement Product will be the same as stated for the original DOA Product.

Replacement Products are provided with the same Limited Warranty as the DOA Product.

 

When a Refund is arranged:

Refunds include all shipping and associated costs for the DOA Product.

No refund will be given to you until HWC has received the DOA Product from you.

Refunds will be issued by cheque or a credit to "Your Account" with HWC. Where a credit is organised for "Your Account" you have the option of cashing-out "Your Account" at any time.

 

Some Products - Manufacturer Only Warranty

Some Products sold through HWC are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.

For items advertised and sold with manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms.

 

 

 

Our Liability

 

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

 

 

Your Data - Use And Protection

 

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other HWC Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other HWC Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.

 

Credit Card Fraud

 

Whilst HWC employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, HWC will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.

General

 

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of HWC. Any unauthorized assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in HWC for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option HWC, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

HWC reserves the right to change the Terms and Conditions of sale at any time.

reserves the right to change the Terms and Conditions of sale at any time.

No HWC employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

 

Force Majeure

 

HWC shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of HWC, and HWC shall be entitled to a reasonable extension of time for the performance of such obligations.

shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of , and shall be entitled to a reasonable extension of time for the performance of such obligations.