TERMS OF SALE ON HUSQVARNA E-STORE
1. INTRODUCTION
1.1 These Terms of Sale (“Terms”) are specific to husqvarna.com/nz (“E-Store”),and set out terms and conditions applicable to the sale of products (“Product”) online via the E-store for Click & Collection or Home Delivery in New Zealand by companies and/or consumers (“You”).
1.2 The E-Store is operated by Husqvarna New Zealand Limited, NZCN 111861 with its registered office at 51 Aintree Avenue, Mangere, Auckland 2022 (“Husqvarna”), together with Husqvarna AB and its subsidiaries (“Husqvarna Group”). Access to and use of the E-Store, is provided by the Husqvarna Group. Please read these Terms carefully before purchasing Product. By using, browsing and/or purchasing Products on the E-Store, this signifies that You have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you must cease using the E-Store, or any associated services, immediately.
1.3 Husqvarna reserves the right, at its sole discretion, to modify or change these Terms in whole or in part, at any time and without prior giving notice.
(a) Except in the case of orders already accepted by Husqvarna or placed awaiting acceptance, changes to these Terms take immediate effect from the date of their publication. Your continued use of the E-Store after any changes to these Terms are published will be considered acceptance of those changes. Other terms, such as Husqvarna’s general website Terms of Use, Privacy Notice and Cookie Policy are also applicable to your use of the E-Store.
(b) Such changes will have no effect on orders that were accepted by Husqvarna prior to the amended Terms being published.
(c) If you have placed an order which has not been accepted by Husqvarna, you will have the right to cancel the order if you are not satisfied with the change in Terms. Keep a copy of these Terms as Husqvarna Group may not archive previous versions.
1.4 Please carefully read these Terms before purchasing Product. You accept the Terms by remaining on the E-Store. By ticking the "I agree" box in the checkout process and submitting an order, You accept and agree to be bound by these Terms.
2. ORDERING PRODUCT
2.1 The E-Store and the information on the E-Store constitute an invitation to treat and not an offer by Husqvarna to supply Products.
(i) After selecting the Product, You place the order by proceeding to the Checkout. You will be guided through the checkout process by a series of instructions on the E-Store. Your order is an offer to buy the Product listed in your order and there is no binding contract between You and Husqvarna until the order is dispatched by Husqvarna. Whilst Husqvarna endeavours to supply all ordered Product, Husqvarna is free not to accept your order for any reason, including where Product are no longer available.
(ii) In placing the order, You will be requested to provide information relating to You and your order, such as contact details, delivery address and information relating to the selected payment method (e.g. credit card number). You will also be requested to indicate your preferred dealer store for collection of the Product(s) and for returns and warranty repairs.
(iii) You will receive an order confirmation email detailing the Product You have ordered. Please store your order number and date for future references. This confirms that Husqvarna has received your request, but it is not a confirmation that product is in stock, nor of acceptance of your order. You may cancel or update your order up until Husqvarna has sent a notice of dispatch (see next point).
(iv) Once your order has been processed and your Product is ready to be shipped, Husqvarna will send You a notice of dispatch by email. The contract for the purchase of the Products becomes binding when Husqvarna issues that notice of dispatch. Actual dispatch will take place subject to the terms of section 3.1 and 3.2. If Products that You have ordered are not in stock (including if the ordered quantity is partially not in stock), Husqvarna will contact You so that You can either cancel the order or, where the Product is expected to come back in stock, maintain your order.
3. DELIVERY
3.1 Click & Collect: Husqvarna will deliver the Product to the dealer You selected. The dealer will contact You when the Product has been inspected and assembled and is ready for collection. The delivery will be completed when Husqvarna delivers the Product to the dealer You selected.
3.2 Home Delivery: Husqvarna will deliver the Product to the delivery address You provided during checkout via the chosen registered courier. The delivery will be completed when Husqvarna delivers the Product to the delivery address You selected.
3.3 Husqvarna retains ownership and title of the Product until Husqvarna has received the full price for the Product and the applicable delivery charges. Once your order has been delivered to You (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by the chosen registered courier, You assume full responsibility for and risk in the Product.
3.4 Shipping and delivery dates are estimates only and cannot be guaranteed.
4. PRICES, DELIVERY COSTS AND PAYMENT
4.1 The prices applicable to the ordered Product are specified on the E-Store, as confirmed in the order confirmation. All prices on the E-Store are displayed in New Zealand Dollars, inclusive of GST (where applicable) but exclusive of charges for shipping and handling (if applicable these will be added to your order and itemised before You agree on these Terms).
4.2 Although Husqvarna tries to ensure that all prices on the E-Store are accurate, errors may occur (e.g. for technical reasons, such as network failures, errors in transmission, etc.). If Husqvarna discovers an error in the price of Product You have ordered, Husqvarna will inform You as soon as possible and give You the option of reconfirming your order at the correct price or cancelling it.
4.3 Available payment methods are presented for your selection on the E-Store in the checkout process. Your credit or debit card will be charged, and the bank transfer will be effected, respectively, upon acceptance of your order.
4.4 By submitting an order through the E-Store, You are confirming that the payment details provided on your order are valid and correct and that You are authorised to use the credit or debit card for the payment.
5. INSPECTION, INSTALLATION AND USE
5.1 Inspection
(a) Upon taking delivery of the Product (if home delivered); or
(b) Upon collection of the Product from the Dealer
You must inspect the Product to verify whether there was any damage caused to the Product during shipment or obvious defects in the Product. Any such damages or defects must be notified to Husqvarna without delay at the email specified in section 8.2.
5.2 You are responsible for the proper installation and use of the Product that You have purchased on the E-Store. For proper guidance, always read any instructions on the package for the Product and the relevant Husqvarna user/product manual and installation guide.
5.3 Spare parts and accessories that You have purchased on the e-Store must always be installed and used in accordance with the relevant user manual and installation guide for the Product into which You intend to install and use the spare parts/accessories.
6. WARRANTIES AND STATUTORY CONSUMER RIGHTS
(a) The Product comes with guarantees that cannot be excluded under the Consumer Guarantees Act 1993 (“CGA”) and Fair Trading Act 1986 (“FTA”)(“New Zealand Consumer Law”). Where the Product fails to comply with a guarantee under the New Zealand Consumer Law,
(b) In addition to the statutory consumer rights prescribed by New Zealand Consumer Law, Products may also be eligible for additional voluntary warranties in accordance with the Husqvarna Warranty Policy.
(c) Despite clause 6(b), to the extent permitted by law Husqvarna has no liability for non-fulfilment of the warranty resulting from:
(i) deliberate damage to or neglect of the Product;
(ii) consumables wearing out and normal wear and tear components, including batteries, lights, chains unless due to an original manufacturing fault;
(iii) failure to follow user/product manual, installations guide and other instructions relating to the use, installation and care of the Product; or
(d) Except as described in this clause 6 and to the extent permitted by applicable law, Husqvarna disclaims all warranties whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and reliability or availability.
(e) Husqvarna will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(f) To the extent that the New Zealand Consumer Law applies to and Products, for the purposes of section 43(2) of the CGA and section 5D of the FTA, where each party is in trade (as that term is defined under the CGA or FTA, as applicable) and the Products supplied are supplied and acquired in trade (as that term is defined under the CGA or FTA, as applicable) the parties agree and acknowledge that:
(i) the provisions of the CGA and sections 9, 12A and 13 of the FTA are hereby contracted out of;
(ii) it is fair and reasonable that the parties are bound by this clause.
(g) All conditions or warranties implied under Part 3 of the Contract and Commercial Law Act 2017 are expressly excluded.
7. LIMITATION OF LIABILITY; FORCE MAJEURE
7.1 Subject to the New Zealand Consumer Law, Husqvarna's total liability under these Terms in relation to an individual purchase order shall be limited to the price You have paid to Husqvarna in respect of that order. Husqvarna will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Product or these Terms (including as a result of not being able to use the Product or the late supply of the Product), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. Please note that use, installation or care which is not carried out in the required manner may cause personal injury and product damages.
7.2 The limitation in clause 7.1 shall not apply in case of fraud, gross negligence or wilful misconduct on the part of Husqvarna and Husqvarna does not in any way limit its liability for death or personal injury caused by negligence. Additionally, nothing in these Terms shall in any way exclude the statutory rights for consumers.
7.3 Except as provided by a law that cannot be excluded, and without disturbing Husqvarna’s obligations under the Consumer Guarantee and voluntary warranty, Husqvarna excludes liability for loss or damage You might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of your using the Website;
(d) the Content or operation in respect to links which are provided for Your convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
7.4 Husqvarna will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms relating to events outside its reasonable control including acts of nature, fire, flood, severe weather, pandemic, epidemic, electricity transmission failure, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving its employees), or acts of local or central government or of any other competent authorities, as well as other force majeure events pursuant to applicable law.
8. RETURNS; CUSTOMER SUPPORT
8.1 If You wish to return a Product to Husqvarna for repair, replacement or refund please contact Husqvarna and follow the procedure as indicated under E-Store Returns Policy returns guidelines.
8.2 For general questions regarding the use, care or service of the Product, please refer to the user manual. You may also contact Husqvarna, via email customer.service@husqvarna.co.nz or phone 09 920 2410. To locate a dealer, please refer to the dealer locator.
9. MISCELLANEOUS
9.1 Husqvarna may subcontract and/or transfer its rights and obligations under these Terms without your prior written notice (in case of transfer of your rights, Husqvarna will notify You in writing), but this will not affect your rights or Husqvarna's obligations under these Terms.
10.1 These Terms are governed by and must be construed in accordance with the laws of New Zealand.
10.2 Husqvarna and You submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of all matters or things arising out of these Terms.
10.3 A reference to legislation includes any amendment to that legislation, any consolidation or replacement of it, and any subordinate legislation made under it.
10.4 Prior to instituting formal proceedings, the parties shall attempt to resolve all disputes arising out of or relating to these Terms informally. To invoke this process:
(a) a party will notify the other party in writing and set forth the issue(s) to be resolved (“Notice”);
(b) the parties will attempt to resolve the dispute by negotiation within 10 working days of the Notice.
10.5 If the parties cannot resolve the dispute by negotiation within 10 working days of the dispute arising as provided in section 10.4, either party may commence proceedings in any court of competent jurisdiction unless the parties mutually agree in writing to an alternative dispute resolution method such as arbitration.
10.6 Nothing in this section 10 shall prevent, or be construed as preventing, a party from:
(a) instituting formal proceedings to avoid the expiration of any applicable limitations period;
(b) seeking injunctive or other equitable relief in a court of appropriate jurisdiction; or
(c) instituting formal proceedings if the other party fails to cooperate in good faith in the dispute resolution process.
These Terms were last updated: 14 June 2024