TERMS OF USE

1. GENERAL

These terms of use including our Privacy Policy (Terms of Use) apply to your use of services or features on this Website and all other websites owned and controlled by Fackelmann Housewares(NZ) Limited (Fackelmann Housewares/we/us/ours).

By using this Website you agree to accept these Terms of Use.

We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. When you use this Website after the revision is posted you will be deemed to accept these Terms of Use as amended.

2. CONTENT

Fackelmann Housewares is either the owner or the licensed user of the copyright in the information and other content on this Website (with the exception of third party content coming from Instagram), accessible via this Website or sent to you as a result of you registering with this Website (Content).

Any comments or materials sent to us through this Website including feedback data, questions, reviews, comments and suggestions (Feedback), will be deemed to be non-confidential. Except to the extent that any applicable legislation provides otherwise, and subject in all cases to the terms of our Privacy Policy, we have no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, we will be free to use any ideas, concepts, know-how or techniques contained in the Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating the Feedback.

You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable and sub-licensable right to use the Feedback (and all intellectual property rights in the Feedback), in all media now known or not currently known. You also waive any moral rights or similar rights you may have or may acquire in the future in the Feedback.

We reserve the right to remove any Content or Feedback from this Website at any time.

3. PRICES AND ORDERS

Prices shown on the Website are in New Zealand Dollars (NZD) and are inclusive of GST unless stated otherwise. Prices are subject to change effective immediately upon posting to the Website or other form of notification.

You must be 18 years of age or older to purchase knives from us. By agreeing to these Terms of Use and by purchasing knives from us, you represent that you are at least 18 years of age.

Once you place an order with us via this Website, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it.

By placing an order you agree to use the products only for their intended purpose. If you use the products for any other purpose you will assume full responsibility for any loss or damage arising out of this use.

In the absence of manifest error, your order will be accepted when we email you to confirm the products have been dispatched and have been handed over to the designated carrier.

We reserve the right to refuse to process orders or refuse to supply products to anyone at any time at our sole discretion for any reason. We expressly prohibit purchases for resale and/or reselling any Fackelmann Housewares items as part of any business (including any online business) unless agreed in writing by us. We reserve the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.

We will not be bound by clerical errors or omissions whether in computation or otherwise in any price shown on this Website, or stated in any acknowledgment or invoice and the same shall be subject to correction.

If your credit or debit card is charged for the purchase and we cancel the order, we will notify you and credit your credit or debit card account for the amount charged.

4. DELIVERY

Unfortunately we do not currently deliver internationally.

Delivery charges will apply unless otherwise advised. We may occasionally provide special offers and promotions waiving delivery charges in certain circumstances. We reserve the right to vary, cancel or extend special offers and promotions regarding delivery charges.

Delivery times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from our carriers that we have no control over or by any event which is out of our reasonable control including but not limited to any delay caused by an incorrect delivery address being provided to us, for which we will not be responsible.

We will advise our carriers of any special instructions regarding delivery but will not be responsible for any failure by our carriers to comply with such instructions.

You must ensure that our carriers have uninterrupted access to the delivery address to enable the products to be delivered.

5. RETURN AND REFUND POLICY

If you change your mind about any item you have purchased from us, we will refund the purchase price subject to the following conditions:

(a) the item must be returned within 30 days of purchase, together with proof of purchase;

(b) the item must be unopened and unused with all original seals, labels and packaging attached; and

(c) if you request a refund, the purchase price (excluding delivery charges) will be refunded to you using the original payment method once we have received the returned item back and confirmed that it meets the above conditions. You are responsible for any costs associated with returning the item to us including any currency conversion and/or local or international taxes.

If any item you have purchased from us is found to be wrong or faulty we will meet our obligations under the terms of any express warranty provided in relation to the item in question, or, absent any express warranty, in accordance with your rights as a customer under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (unless you have acquired the products for the purposes of a business in which case the provisions of the Consumer Guarantees Act and sections 9, 12A and 13 of the Fair Trading Act are excluded).  For wrong or faulty goods you should return the item to us together with proof of purchase quoting your order number.

6. DISCLAIMERS

We have used reasonable efforts to make sure that the Content is accurate (including the colours of items), complete and up to date. The actual colours you see will depend on your monitor and may not be accurate.

You acknowledge that to the extent permitted by law or that is not inconsistent with the law:

(a) the Content is intended to be used only for information purposes and does not constitute professional advice;

(b) we do not guarantee that the Content is accurate, definitive, reliable, complete or up-to-date;

(c) we do not undertake to keep the Content updated;

(d) we do not accept responsibility for any loss suffered by you or any other person as a result of reliance by you or that person on the accuracy, reliability, completeness or currency of any of the Content;

(e) we make no warranty or representation:

(i) that any files accessible on or via this Website or any server on which this Website are hosted are free of viruses, errors, defects;

(ii) that this Website and any of the Content will be accessible to you on a continuous or uninterrupted basis; or

(iii) that any viruses, errors or defects discovered to exist on our Website or the servers on which they are hosted will be corrected; and

(f) all products should be used strictly in accordance with their instructions, precautions and guidelines.

To the extent permitted by law or that is not inconsistent with the law we will not be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from your access or use of, or any inability to access or use, this Website.

7. INTELLECTUAL PROPERTY RIGHTS

The Content is protected by copyright. Any reproduction, distribution, re-transmission, adaptation or modification of the Content, whether in electronic or hard copy form, without our express prior written consent is prohibited.

Some of the Content, products, logos, technology and processes accessible via, or incorporated in, this Website may incorporate the intellectual property of Fackelmann Housewares or third parties. You have no right to use such intellectual property except as expressly authorised by these Terms of Use.

8. INDEMNITY

You must indemnify and keep Fackelmann Housewares (and its related corporate bodies, directors, officers, employees, agents and contractors) indemnified from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct, your use of this Website, your breach of any provision of these Terms of Use, or your breach of any rights of third parties.

9. THIRD PARTY WEBSITES

This Website may contain links to other websites and social media platforms operated by third parties (Third Party Websites). We do not endorse, or approve any products or services offered or provided by the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites (Third Party Material).

Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or that Third Party Material does not infringe the intellectual property rights of any person. We do not authorising the reproduction of Third Party Material by linking this Website to any Third Party Website.  When you follow a link on this Website, material at a Third Party Website may be displayed in your browser framed by material on this Website. This framed material is also Third Party Material for the purpose of these Terms of Use. All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator.

We may receive payments from operators of Third Party Websites in relation to products or services supplied by the operator as a result of you linking to the Third Party Website from this Website.

Your access to Third Party Websites may be governed by their own terms of use.

10. YOUR CONDUCT WHEN USING THIS WEBSITE

You must not:

(a) take any steps to obtain unauthorised access to this Website or any parts of it that are not open to public access;

(b) disrupt or interfere with or make attempts to disrupt or interfere with this Website or any other user’s enjoyment of this Website or Third Party Websites, or any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website;

(c) engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of this Website or Third Party Websites;

(d) use, copy or translate for commercial use; reproduce, adapt, vary or modify any material in any form in this Website without our prior written consent;

(e) use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this Website, without our prior written consent;

(f) take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of this Website, reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with this Website.

You agree that you will not upload or otherwise provide any Feedback which:

(a) is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, violent or degrading;

(b) infringes the intellectual or other proprietary interests of third parties;

(c) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of this Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of this Website or otherwise breaches these Terms of Use;

(d) violates any law, statute or regulation;

(e) forges or otherwise alters information to disguise the origin of any Feedback; or

(f) encourages or incites any other person to engage in any of the above behaviour.

11. TERMINATION AND SUSPENSION

We reserve the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.

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