REO NZ TERMS AND CONDITIONS
The following document contains the Terms and Conditions for using the Restaurant Equipment Online PTY Limited (“REO”, "RestaurantEquipment.co.nz") website.
Introduction
Welcome to the Restaurant Equipment Online New Zealand website. You are visiting our online shop where you are able to buy goods and services for delivery within New Zealand.
When you purchase goods and services using Restaurant Equipment Online's website, we will ask you to complete a basic online profile, creating an account with an email login and password. Providing some basic information about yourself will help us to customise your experience on this website to better meet your requirements.
Acceptance of Terms and Conditions
We have created these Terms and Conditions as part of our overall objective to make this website easy to use, reliable, and secure and a valuable experience for you.
These Terms and Conditions apply to the use of this website and the goods and services available through it. By using this website, you are deemed to have read and agree to be bound by these Terms and Conditions.
If you do not accept these Terms and Conditions, you should refrain from using this website.
General Trading Terms and Conditions
Promotional Coupons
Restaurant Equipment Online may run, from time to time, promotional campaigns offering voucher promo code discounts on purchases from this web site. Vouchers need to be applied in the cart page, prior to checkout.
The Fine Print
- Promotional vouchers can only be redeemed at our website, http://www.restaurantequipment.co.nz
- Promotional coupons cannot be applied to orders already placed
- Promotional coupons cannot be applied to GST or handling/freight
- Promotional coupons require items to reach a minimum purchase value before redemption is available, see promotional small print for details.
- No credits are allowed where the purchase amount is less than the amount of the voucher and you have to spend the full voucher amount.
- Only one promotional code may be used per order
- Promotional vouchers may be issued utilising the information contained in your web profile, web site usage and order history - for more information about privacy, please refer to our Privacy Policy.
Returns
We do not offer returns, refunds, exchanges or credit notes in cases where you have placed an order and you change your mind.
In some circumstances returns may be accepted at REO’s sole discretion and subject to these Terms and any other conditions stipulated on the Website from time to time. If you wish to raise a returns request, you may contact us at support@resturantequipment.co.nz
If your return request is accepted:
- The Customer is responsible for return shipping costs.
- The original shipping costs will not be refunded.
- The original credit card fees (2% of order total) will not be refunded.
- The customer is responsible for all restocking fees associated with returning the products
Please check the Returns Policy Page as well as brand-specific returns policies before purchasing to ensure you are familiar with returns processes. If in doubt, contact us for clarification.
All order cancellation and return requests must be sent via email to ensure accurate record keeping.
Cancellation and return requests will be confirmed in writing, replied to your email request.
Prices, Specifications and Availability
Prices shown on the website can be adjusted to show inc GST, using the toggle at the top of the website. In addition, Restaurant Equipment Online offers a Price Match Promise which applies to any lower published price for a like-for-like product offered on the same terms in New Zealand. Like-for-like means the goods should be the same brand and specification. The goods must be offered with the same delivery service and the same or equivalent warranty as ours. The competitor must have stock availability at the time of ordering. The price will not be matched where there are ‘hidden extras’ such as delivery charges. In order to qualify, the price must be published in writing on the competitor's website.
Restaurant Equipment Online reserves the right to update prices and specifications at any time without notice. We make great efforts to ensure the prices and specifications of our goods are as accurate and as up to date as possible. However the availability can change rapidly. We therefore accept no liability should any of the goods become unavailable.
Handling and Freight
Handling and freight is calculated in addition to the price of the goods, and costs are based on the aggregate order being shipped (unless otherwise stated on the product selected) and the destination to which the goods are being dispatched in New Zealand.
For overseas shipments and some larger items, we will need to quote you on the cost of handling and freight. Please call for details, we cannot take international orders on the website.
Risk and Title
REO retains ownership of the Products until payment is received in full from a Customer and the Product is dispatched to the Customer.
The Customer must inspect items delivered within 24 hours and contact REO by email if there are any transit damages, before products are assembled and packaging discarded. Otherwise, the customer shall be deemed to have accepted the Goods and will not be compensated for the Goods on the basis that they were lost, incomplete or damaged in transit.
The Customer accepts upon Delivery all risk for loss or damage to the Products whether caused by the Customer or not, and the Customer indemnifies REO against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Products after the Customer has taken possession of the Products. Risk in the Products will remain with the Customer at all times after Delivery.
Customer Warranties and Indemnities
The Consumer Guarantees Act 1993 (New Zealand) applies only to consumer purchases. If you acquire or hold yourself out as acquiring for the purposes of a business any goods or services to which these Terms and Conditions apply, the provisions of the Consumer Guarantees Act 1993 (New Zealand) will not apply to our supply of such goods or services.
In these circumstances the only warranty offered by Restaurant Equipment Online other than as required by New Zealand law (express or implied, or otherwise) is a 12 month warranty for manufacturing faults and you will indemnify us against any failure by you or your customers to properly contract out of liability to business end consumers under the Consumer Guarantees Act 1993 (New Zealand).
Our total liability to you in relation to any faulty goods or services is limited to the price of those goods or services. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.
It should be noted that warranties applicable in New Zealand do not extend beyond those shores.
Risk and Ownership of the Goods
Risk in the goods will pass to you, the customer, upon delivery to you or to the address specified by you. Pending cleared payment in full of all monies due under this contract or in respect of any other monies owed by you to Restaurant Equipment Online the goods will remain the sole and absolute property of Restaurant Equipment Online as legal and equitable owner.
Payment for Purchases
Unless you are a trade business customer of Restaurant Equipment Online with approved trade credit account use on the website, then payment for goods and services on our website can only be made by direct credit/internet banking through your bank to our bank account or by credit card (we accept VISA and MasterCard).
Your credit card will be charged at the time you place your order.
Please note that shipment cannot be done before Restaurant Equipment Online receives the direct credit of the total amount of the order.
Restaurant Equipment Online takes no responsibility for direct credits that do not reach our bank account - in the event that your direct credit is directed to a bank account other than Restaurant Equipment Online, please contact your own bank to resolve this issue.
We will send you a reminder email if we do not receive your direct credit after five working days. We will also confirm by email when we receive your direct credit and your order is being shipped.
Order Fulfilment
Restaurant Equipment Online will endeavor to fill and dispatch all orders received via the secure site by the end of the next business day after receipt of the order, except where the product ordered is not available, in which case you will be notified and will have the option to cancel, vary the order or wait for the product to become available.
Web Site Operating Terms and Conditions
Login and Password
You are fully responsible for all activities that occur under the login and password established by you. You agree to immediately notify us of any unauthorised use of your login, password or account, or any other breach of security. Restaurant Equipment Online will not be responsible for any damages that may result from loss, theft or misuse of any user login and password.
Account Control
Please note these responsibilities for account operation where multiple user are accessing an account;
- Overall purchasing and web activity of Members on the account is the responsibility of the Owner to manage,
- Members' status and access is the responsibility of the Owner to manage as circumstances change,
- Each card owner is responsible for the transactions charged to their credit card / trade account. The normal credit authorisation procedures for credit card companies will apply to Members' use of credit cards.
Information Collected
When you order from Restaurant Equipment Online we gather personal details from you such as your name, billing address, delivery address, phone number, email address and credit card data. This information is used solely to fulfil your order. We do not store credit card details.
Your personal information is stored in a secure and responsible way and is not available to unauthorised persons.
Restaurant Equipment Online will hold all information securely and will not disclose except for these purposes or when required by law. The Privacy Act provides you with the right to see and correct personal information about you that Restaurant Equipment Online holds. Refer to our detailed Privacy Policy below.
Site Security
Any contact or credit card details you send us will be processed through a secure page, however no credit card details are saved on our website or databases.
Should you wish to check the Security ID Certificate for the page, click on the padlock to view the page's secure properties. Contrary to popular opinion, websites that employ security features like ours, offer you more effective protection than most offline merchants that accept credit cards.
Cookies are used throughout your shopping experience to enable us to keep track of your purchases. If you have not done so, please enable cookies on your browser. Refer to our detailed Privacy Policy.
Specific Warning on Access to Site
You must take your own precautions to ensure that the means you employ to access this website does not expose you to risk of viruses or other form of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website.
Linked Web Sites
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. Restaurant Equipment Online is not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites including further links contained on those linked websites, unless and to the extent stipulated to the contrary.
Interacting with the Web Site
You may not do any of the following on or in relation to the Restaurant Equipment Online site:
- publish or distribute material that is defamatory, unlawful, objectionable, obscene or in breach of confidence or privacy;
- harass, threaten, stalk or abuse team members, other customers or otherwise violate their legal rights or behave in a manner that causes annoyance or inconvenience;
- send or receive material protected by intellectual property laws or any other laws unless the you own those rights or have received all necessary consents;
- send material containing viruses or any corrupted data
- use or attempt to damage, interfere with or introduce anything (including a virus, robot, spider, scraper or automated means) to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website, the delivery of the goods and services, or any network or system underlying or connected to them;
- use this website or any information or other material from this website for any commercial purpose;
- remove any copyright, trade mark or any other intellectual property notice from any material accessible on this website; or
- copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these Terms and Conditions).
Site Availability and Accuracy
Restaurant Equipment Online will use all reasonable endeavours to ensure the continued availability of the website (the objective is 24 hours a day, 7 days a week) and the accuracy of the data on the site, but does not warrant or guarantee that the websites will be continuously available or error free.
Disclaimer for Web Site Display/Content/Information
We will make our best endeavours to ensure that information provided through this website is accurate and current. However we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this website or that it is up to date. For example (but without limitation):
- Prices and colours of products may change, and all products are subject to availability;
- Variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);
- While we try to represent products (including colours) accurately, the representation on your screen may be different to the actual product for various reasons;
- Due to technical or human error, information may be recorded incorrectly or omitted;
- Some pictures of products include inserts and/or display items which are not included in the price but are used to enhance the product presentation.
We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website, other than as covered under our Money Back Guarantee policy.
Disclaimer for Use of Web Site
We do not accept responsibility for any loss, damages or costs, however caused (including through negligence), damages (including special, indirect or consequential loss or damage), whether in an action in contract, negligence or other tort, which you may directly or indirectly suffer in connection with your use of this website, any linked website or any services available through this website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on any information contained on or accessed through this website, any linked website or any of the services available through this website.
You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this website. We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.
Other Legal Stuff
Applicable Law
All goods and services Restaurant Equipment Online provides through the website are provided in New Zealand under New Zealand law. The New Zealand courts will have non-exclusive jurisdiction over any action in relation to these Terms and Conditions and the website.
Recovery of Legal Expenses
In the event it is necessary for any party to undertake legal action to enforce any of the terms, conditions or rights contained herein, or to defend any such action, or to prevent any breach, then the prevailing party in any such action will be entitled to recover from the other party all reasonable attorney fees, costs and expenses relating to such legal action.
Remedies for Liability
Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of or our liability under such a condition or warranty, that condition or warranty will be included but our liability will be limited for a breach of that condition or warranty to one or more of the following (at our option):
- supplying the goods or services again;
- supplying equivalent goods or services;
- repairing the goods;
- paying the cost of supplying the goods or services again, or of acquiring equivalent goods or services; or
- refunding the price you paid us for the goods or services.
This exclusion does not prevent you getting a court order you are entitled to that requires us to do anything we have expressly agreed in writing to do for you. It is also not intended to exclude liability arising under statute if, and to the extent that, such liability cannot lawfully be excluded.
Negotiations and Dispute Resolution Initiated by the Customer
In the event that a dispute arises, the Customer agrees to comply with REO’s dispute resolution process as set out in this clause before commencing litigation proceedings in any court or tribunal.
The Customer is first required to notify REO of the dispute by giving written notice specifying the nature of the dispute, the outcome desired and the action believed necessary under the circumstances that will assist both in settling the dispute
REO upon receipt of such notice must, within a reasonable time, in good faith, attempt to resolve the dispute by negotiation, service and repair.
The customer is first required under the NZ Consumers Act to allow REO and its manufacturers to attempt to repair or replace a product when a problem arises, before demanding a refund. A manufacturer may offer to resolve the problem by providing a repair, refund or replacement, but consumers cannot demand this from the manufacturer.
Warranties
Warranties do not apply where the Products are acquired for rental, hire or other commercial purpose.
To the extent permitted by law, the following are not covered by Warranty unless otherwise specified in the particular warranty relevant to the Product purchased:
- failure or defect resulting from improper care or use;
- Breakage of glass or plastic components of the Goods;
- Replacement of lights, fluorescent tubes, gaskets or components which have been damaged by exposure to spillage;
- Damage or failure of the Goods as a consequence of not removing packaging and transport materials before use;
- Parts subject to wear and tear including but not limited to filters, oil, fuses, heating element, lamps, batteries, handles, locks, hinges;
- Goods which have not been installed in accordance with REO’s or the manufacturer’s specifications;
- Extraordinary and unforeseeable events (voltage surges, irregular electric power supply, natural events and disaster, riots etc);
- Repairs or replacement of Goods not bearing original serial numbers or compliance plates;
- Damage caused to Goods due to improper use of cleaning agents, detergents, bleaches or other chemical additives or agents of a corrosive nature;
- Any damage arising from any modification of the Goods that has taken place without prior authorisation from REO;
- Any use of the Goods for any reason other than its originally specified purpose;
- Goods which are moved or repositioned whilst loaded with any stored products. Such products must be removed prior to movement. (All units are stationary units and not designed for regular movement on casters or legs);
- Installation of Goods in places other than the original place (disassembly and reassembly in another place);
- Carelessness, negligence or use other than that for which the Goods are designed;
- Goods not performing correctly as a result of Goods being used in an environment whereby the ambient temperature and relative humidity are outside the operating parameters specified for those particular goods;
- Goods not placed level and properly positioned in relation to clearances, heat / cold sources and airflow.
- Refrigeration fans, condensers and units not been properly maintained, kept clean and free of blockages at all times. Bench fridges & freezers must be placed no nearer than 100 mm to walls or other equipment.
- Mixer motors, which have been overloaded and burnt out as a result of.
- Products purchased second hand or from an unauthorised distributor
- Faulty or incorrect assembly of the Products by the Customer
- Installation of a part or accessory not compatible with the Product and not manufactured by REO; and
- Any repair, modification or alteration not conducted or authorised by REO.
To the extent permitted by law, REO shall not be liable for any indirect or consequential damage, losses or expenses suffered or incurred by the Customer, howsoever caused.
To issue a Warranty claim, the Customer will be required to:
(a) contact REO within 1 day of noticing a product damage or fault by email to support@restaurantequipment.co.nz
(b) present the receipt as proof of purchase;
(c) identify the defect in the Product; and
(d) present Product for inspection on request.
The Notification Period may be extended by REO at its sole discretion upon request by a Customer.
Except if and to the extent the law requires otherwise, replacement of Products or refund of purchase price and reimbursement of freight costs will not be made until the original Product to which the Warranty claim relates is received by REO and your Warranty claim is verified. If a Warranty claim is verified, REO will endeavour to make the refund or replacement within 28 days of the completion of such verification.
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REO will not refund or replace a Product where in its sole and reasonable opinion the Product has subsequent to Delivery become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
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REO may at its sole discretion meet the reasonable shipping expenses incurred by the Customer in making a successful Warranty claim. Customers are liable for any transportation costs if the Product is not found to be faulty.
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In the event that a dispute arises, the Customer agrees to comply with REO’s dispute resolution process as set out in this clause before commencing litigation proceedings in any court or tribunal.
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The Customer is first required to notify REO of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute.
- The warranty is void if the Goods have not been maintained and serviced, or if the Goods have been subject to misuse, negligence or accident, operated incorrectly, serviced by unauthorised persons or at the date of the claim the Goods have not been paid in full. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of REO to do so. The Customer’s failure to provide written notice to REO within the required time of any alleged breach of the above warranty will release and discharge REO from any obligation or liability for that breach of warranty. The above warranty extends only to the Customer and to no other person.
Copyright
Unless otherwise indicated, all content on this site, including text, graphics, images, and logos, is the property of Restaurant Equipment Online or its content suppliers and is protected by International copyright laws and regulations. In addition, Restaurant Equipment Online owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site's content. Except as expressly provided herein, Restaurant Equipment Online does not grant any express or implied right to you.
Trademarks
Restaurant Equipment Online and other names, graphics, logos, and icons identifying Restaurant Equipment Online or its products or services are the proprietary marks of Restaurant Equipment Online PTY Limited. These trademarks may not be used in connection with any product or service that is not Restaurant Equipment Online's, in any manner that is likely to cause confusion amongst current or potential customers of Restaurant Equipment Online, or in any manner that disparages or discredits Restaurant Equipment Online. All other trademarks not owned by Restaurant Equipment Online that appear on this site are the property of their owners.
Licence
These Terms and Conditions provide you with a personal, revocable, non-exclusive, non-transferable license to use this site conditioned on your continued compliance with these Terms and Conditions.
Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the material's owner. As a condition of your use of this site, you warrant to Restaurant Equipment Online that you will not use this site for any purpose that is unlawful, unauthorised, or inconsistent with these Terms and Conditions, and you agree that this license to use the Restaurant Equipment Online website will terminate immediately upon your violation of this warranty. Restaurant Equipment Online reserves the right to terminate your access to this site and its content at any time, with or without notice, at our discretion.
Local Laws
Restaurant Equipment Online makes no representation that materials in this site are appropriate for use in other locations, and access to them from territories where any of the contents of this site are illegal is prohibited. Further, Restaurant Equipment Online makes no representation that the products and services available for sale or use on this site are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from this site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.
Entire Agreement
These Terms and Conditions, together with Restaurant Equipment Online return policy, security and Privacy Policy, and other rules and policies posted on the site, which are hereby incorporated as if set forth fully in these Terms and Conditions, constitute the entire agreement between you and Restaurant Equipment Online with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Restaurant Equipment Online with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.
Waiver
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights. The waiver by Restaurant Equipment Online of one breach or default under these Terms and Conditions will not constitute the waiver of any subsequent or other breach or default.
Severability
If the event that any part of these terms and conditions will be determined to be invalid, unlawful, or unenforceable for any reason, such terms and conditions will be severed from the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
General
No joint venture, partnership, employment, or agency relationship exists between you and Restaurant Equipment Online as a result of these Terms and Conditions or your use of this site.
Disclaimer
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.