1 Interpretation

In these conditions unless the context otherwise requires:

1. "Account" means the account that you may register for on the Website.
2. "Intellectual Property" means any copyright, patent, trade mark, design, or other related statutory or common law right, anywhere in the world, whether registered or capable of registration or not.
3. "Terms and Conditions" or "T&C’s" means these terms and conditions, together with all information and documents referred to in them, as amended by Bodum from time to time.
4. "Bodum", "we", "us", or "our" means Bodum (Australia) Pty Limited (ACN 104 809 672).
5. "Website" means Bodum’s website found at https://www.bodum.com for New Zealand consumers.

2 Introduction

2.1 What these T&C’s cover

Bodum values your interest in our products and appreciates your visit to our Website.  These T&C’s set out how Bodum allows you to use our Website, how Bodum displays information about its products and explains the terms that apply to all purchases of products via our Website.

2.2 Acceptance of these T&C’s

By browsing, accessing, using or placing an order through the Website, you accept and agree to be legally bound by these T&C’s.

2.3 Changes to these T&C’s

We may amend these T&C’s at any time.  Every time you place an order, please check these T&C’s to ensure you understand the terms which will apply at that time.

2.4 New Zealand household customers only

Our Website is not intended for access or use by visitors outside New Zealand.  Our Website is only available for personal and household use.  You must not purchase any products for a commercial purpose (including resale).  We have the discretion to refuse your registration or order, including where we reasonably suspect that you are purchasing products for a commercial purpose.

 

3  Contact

3.1  You can contact Bodum by:

Telephone (toll-free) : 0800 444 641

Email: [email protected]

Bodum Australia’s Customer Service team are available from 9am - 5pm AEST Monday to Friday.

3.2 How we may contact you

If you register an Account, Bodum may send our communications to you and you may access designated parts of our Website.  If Bodum needs to contact you, we will do so by the email address and/or postal address or telephone number that you provided when you registered your Account.

4 Using Bodum’s Website

4.1 Accessing and using Bodum’s Website

You must only access and use the Website in accordance with these T&C’s and any applicable law.

4.2 Prohibited activities

You must not, and must not attempt to:

1. interfere with or disrupt the operation of Bodum’s Website or the servers or networks that host the Website;
2. use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
3. interfere with security-related or other features of the Website.

Bodum may refer fraudulent or abusive or illegal activity to the relevant authorities.

4.3 Account creation

To access some features of the Website, you must register and create an Account. To register an Account, you must:

1. provide Bodum with accurate and current personal information including your name, address, telephone number and email address; and
2. be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.

4.4 You are responsible for your Account activity

1. You are solely responsible for the activity that occurs on your Account. You must keep your Account login credentials secure, and must not allow another person to log into your Account without both your and Bodum’s express permission.
2. Bodum is not responsible for any unauthorised activity that occurs on your Account if you fail to keep your Account login information secure.

4.5 Website maintenance

The Website may be unavailable or operate with reduced functionality from time to time due to maintenance.  Bodum provides no warranty that the Website will be operational at any time, and no warranties in relation to the content of any other website linked to or from the Website.

5 Information on Bodum’s Website

5.1 Intellectual property

All copyright, trade mark, or other Intellectual Property rights subsisting in or in respect of the Website or any materials displayed or used on the Website, including any photographs, images, text, audio or visual material, or source code, are owned by or licensed to PI Design AG and/or Bodum AG Group, and may not be copied, reproduced, communicated, adapted, distributed, sold, modified, published, or otherwise used without Bodum’s express prior written consent.

5.2 Price adjustments

Bodum may adjust the prices of Bodum’s products from time to time and without notice in response to changing commercial or regulatory conditions. We will advise you if changes are made (including due to product availability), after you place your order. You can then either agree to the change or alternatively we will refund the money you have paid.

5.3 Products may vary from their picture

The products are as described on our Website – please check these descriptions carefully before placing your order. Please note that the products and any packaging on the Website are for illustrative purposes only and should not be relied on when purchasing products. Slight variations may occur between the delivered product, and the image of the product given on the Website.

6 How to order

6.1 Ordering process

Ordering a product is very easy. Just click on a product and add it to your shopping basket. You then need to follow our payment instructions to purchase the products you choose to buy. All online payments are made and processed via our third party payment provider. In order to place an order, you must be the holder of a valid debit/credit card.

6.2 How we will accept your order

After you place your order, we will send a confirmation email to you to accept your order. Each time we accept an order from you, a separate contract is made between us. By placing an order, you authorise us to immediately charge your payment card for the purchase price and delivery charges displayed on the Website.  

6.3 If we cannot accept your order or need to cancel your order

We reserve the right to not accept your order or to cancel your order after it has been accepted.  If we do so, we will inform you of this and will not charge you for the product.

6.4 If you wish to cancel

It may not be possible for you to cancel or vary an order once it has been placed. Please contact us as soon as possible if you wish to vary or cancel an order and we will let you know if this is possible.

7 Prices and how to pay

7.1 How to pay

All prices stated are in New Zealand dollars and include GST. You may pay for the product with established debit or credit cards (such as Visa, Mastercard and American Express). We do not accept any other form of payment.  

7.2  Delivery charges

Delivery charges will be indicated to you at the time of ordering, added to the purchase price before you confirm your order and payable by you at the same time as the purchase price.

7.3 Authority for payment

We will request authority for payment from your card at the time you place your order. If we fail to receive authority for your payment, or if we reasonably believe that payment will be refused, we reserve the right to reject your order. In the event of a failed payment for whatever reason, you agree to compensate us in full against all reasonable costs, expenses and outgoings we incur in attempting to obtain payment from you.

8 Delivery

8.1 New Zealand only

We only deliver to postal addresses (not including PO boxes) in New Zealand. Delivery of a product will only be made to the delivery address on your Account or such other address agreed by us during the order process. 

8.2 Delivery method

We will deliver the products to you in such manner and form of transport that we consider appropriate.  Delivery is complete once the products have been delivered to your delivery address. If there is no person to accept delivery, the products will be left at the front door or as instructed by you in your order and will be deemed to have been delivered at that point in time. Delivery instructions must be reasonable in relation to the scope of these deliveries. The products will be your responsibility once they have been delivered at your delivery address.

8.3 When we will deliver

We will aim to deliver by our target delivery times, but these are estimates only and we will not be liable for failure to deliver within these times. If we think that the delivery of your order is likely to be delayed, we will contact you. We may delay dispatch of orders due to stock availability and you will be notified as soon as reasonably practicable if this will affect our target delivery times.

9 Warranty and returns

9.1 How to tell us about problems

Please contact us if you have any complaints about the product or questions about returns.

9.2 Returning products

If any product doesn’t correspond with what you have ordered, or you believe it was delivered to you in a damaged condition, please contact us soon as possible following delivery. We may require photographic evidence. If we agree that any product was incorrectly delivered, or delivered to you in a damaged condition, then we will either replace the product where possible or refund the value of the product by crediting your payment card in accordance with our Warranties and Returns Policy.

10 Privacy

Bodum handles your personal information in accordance with our Privacy Policy, which is available here: Privacy Policy. By providing us or authorising us to collect any personal information, you are consenting to its collection, use and disclosure in accordance with these T&C’s and our Privacy Policy.

11 Exclusion of warranties and limitation of liability

11.1 This clause prevails

This clause prevails over all other clauses in these T&C’s. To the extent permitted by law, this clause states Bodum’s entire liability, and your sole and exclusive remedies, for:

1. the performance, non-performance, purported performance, or delay in performance of any obligation Bodum have under these T&C’s, or in respect of any representation made on Bodum’s Website; or
2. otherwise in relation to these T&C’s.

11.2 Your rights

You may be entitled to certain statutory rights and guarantees to consumers that cannot be excluded, including those provided for under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Nothing in these T&C’s will affect or is intended to exclude or restrict any of your statutory rights as a consumer or Bodum’s liability for:

1. any breach of the obligations implied by law; or
2. any other liability which cannot be excluded or limited by applicable law.

11.3 Bodum’s obligations

Subject to clause 11.2, if we fail to comply with these T&C’s:

1. our liability to you is limited to replacement of or refund for products in accordance with clause 9 above; and
2. in any event, we are not responsible for any indirect, consequential, or special loss or damage of any kind. 

11.4 Exclusion and limitation of liability

Subject to clause 11.2:

1. We are not responsible for events beyond our control: We will be excused from our obligation to deliver products if non-performance is due to events beyond our reasonable control.
2. We are not liable for business losses: We only supply the products for domestic and private use. Any use of the Website or any products for any commercial, business or re-sale purposes is strictly prohibited and, for the avoidance of doubt, we have no liability to you whatsoever in connection with any such use, including for any loss of profit, loss of business, business interruption, or loss of business opportunity. 
3. We are not responsible for other websites: Our Website may provide links to other websites for your convenience and information. These websites are outside our control and the provision of a link to a third-party website does not imply our agreement to or endorsement of any of the information contained on the third-party website or otherwise imply any association with the third party.  Third-party websites may have different terms of use and privacy policies, which you should review before using the third-party website. 

12 General

12.1 Entire agreement

These T&C’s and the Legal Notices section of the Website, constitute the entire agreement between you and Bodum and supersede all previous agreements, understandings and negotiations in relation to your use of the Website and any purchases made via the Website.

12.2 We may transfer our rights under these T&C’s

We may transfer our rights and obligations under these T&C’s to a related company or a third-party purchaser. You must not transfer your rights or your obligations under these T&C’s to another person (they must set up their own account and place their own orders).

12.3 We may delay in enforcing our rights

If we do not insist immediately that you do anything you are required to do under these T&C’s, that does not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

12.4 Jurisdiction

These T&C’s are governed by and construed pursuant to the laws for the time being in force in New Zealand and any applicable legal proceedings must be heard in the New Zealand courts.

These Terms were published on 2020/06/05.