Terms & Conditions



Brita customer service

BRITA New Zealand Website Terms

Last updated: 21 May 2019

Welcome to the BRITA New Zealand Online Store located at https://store.brita.co.nz (this “Website”). Please read the following Website Terms carefully.

1              About these Website Terms

1.1          In these Website Terms “BRITA New Zealand”, “we”, “us” and “our” means BRITA Water Filter Systems Distributors Pty Ltd (ACN 058 740 757) of Level 9, 123 Epping Road, North Ryde NSW 2113.

1.2          These Website Terms govern your use of all parts of this Website, which is made available to you by BRITA New Zealand. By using the pages in this Website, you agree to be bound by these Website Terms. Accessing any areas of this Website indicates your agreement with these Website Terms and all applicable laws. If you do not agree to these terms, do not use this Website. If you do not understand these Website Terms or if you have any questions, please contact our Customer Service Team to assist you.

BRITA New Zealand Customer Service Team

Phone: 0800 4 BRITA (0800 427 482)

9:00 - 17:00 Australian EST (Monday – Friday)

Email:   help@brita.com.au 

1.3          If you use this Website to purchase product(s) from BRITA New Zealand, our Terms of Sale will also apply. Our Terms of Sale are available on this page.

1.4          BRITA New Zealand reserves the right to change or update these Website Terms from time to time and, unless otherwise stated, any changes will take effect immediately upon posting on this Website and the “last updated” date will be updated. Use of the Website is subject to the Website Terms posted on the Website at the time of your visit. If you do not agree to any changes to the Website Terms you must stop using the Website immediately. By continuing to access the Website you agree to be bound by the changes.

2              Using our Website

2.1          The information on this Website is directed at and available to residents of New Zealand only. The information should be used as a guide only and should not be relied upon as specific advice. All of the information on our Website may change from time to time. Please contact us if you require any specific information about a product or service that we offer.

2.2          The content contained on the Website is protected under copyright laws. BRITA New Zealand allows all content on the Website to be viewed and downloaded strictly for private, non-commercial use. You must only use content from the Website for your own personal or internal corporate use. In particular, but without limitation, the content may not be copied, reproduced, exhibited, disseminated, distributed, communicated or otherwise used for public or commercial purposes. The content may not be changed and used on other Internet sites or networked computers without BRITA New Zealand’s written permission. When copying the content your attention is expressly drawn to BRITA New Zealand’s copyright and proprietary ownership rights. Infringing these conditions will lead to the immediate destruction of all printed or downloaded content. We reserve the right to claim further damages.

2.3          You may not copy, reproduce or use our trade marks, logos or business name without our prior written consent.

2.4          You are solely responsible for deciding whether the information and material contained on this Website and any linked website is appropriate to your particular situation. You acknowledge that the information on this Website does not take into account the particular circumstances of you or any third party.

2.5          You are responsible for information you provide to us through or in relation to this Website. In particular, information provided to us must not be fraudulent or misleading, infringe any third party's rights or violate any applicable law, statute, regulation or industry code of conduct.

2.6          The Internet is not a secure environment. If you send us information, including your email address, it is sent at your own risk.

3              Our liability to you

3.1          While we provide the information in good faith, information on this Website is provided "as is" and may contain errors, faults, and inaccuracies and may not be complete and current. We do not warrant that the information on our Website, is correct, and we accept no responsibility for the accuracy, completeness or timeliness of the information.

3.2          BRITA New Zealand does not guarantee the full functioning of the Website, that defects will be corrected or that the Website or the server that makes it available is free from viruses. BRITA New Zealand reserves the right to withdraw access to some or all of the pages on the Website at any time without notice.

3.3          Any software or programs from our download area are downloaded at your own risk. BRITA New Zealand accepts no liability for damage caused from installing and/or using software from our download area.

3.4          To the maximum extent permitted by law we exclude all implied conditions and warranties and all statutory guarantees, including as to completeness, accuracy, and timeliness of the information and the results obtained from your use of this Website. If conditions and warranties are implied by law under, or guarantees are imposed by, the Consumer Guarantees Act 1993 or other legislation and cannot be excluded, we limit our liability, to the extent permitted by law, to re-supply, or payment of the cost to re-supply, services provided on the Website.

3.5          Except for any purchase of products on the Website, the liability for which is addressed in the Terms of Sale, BRITA New Zealand, its directors, employees, agents, contractors, successors or assigns, will not be liable for any loss or damages whatsoever arising out of the use of this Website and any other website linked to this Website. This limitation applies to all forms of loss or damage regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused  including direct, indirect, consequential, special, punitive or other damages you or others may suffer including loss of profits, loss of opportunity, loss of your data or information, or interruption to your business.

3.6          BRITA New Zealand regularly checks discussion forums, chat rooms etc. on the Website without being obliged to do so; it therefore accepts no responsibility or liability for the content of communications forums. Users of the Website are forbidden to use these for illegal or criminal conduct or to display or distribute illegal and/or offensive material on them. If you see any such illegal, inappropriate or offensive conduct or material, we invite you to please contact our Customer Service Team to let them know so that we may investigate. BRITA New Zealand reserves the right to delete impermissible content without further ado. Furthermore, BRITA New Zealand reserves the right to bar users who infringe these conditions of use from using the services offered on the Website. BRITA New Zealand would like to point out that users’ contributions to the Website do not reflect BRITA New Zealand’s views.

4              Privacy

4.1          We may use your personal information that is collected by this Website. We will comply with privacy laws and our Privacy Policy when we collect, use or deal with your personal information. You can access and read our Privacy Policy here.

5              Links

5.1          This Website may include links to third party sites. These third party sites may be developed and maintained by third parties over whom we have no control. We do not warrant and do not accept any responsibility for any third party site, including without limitation, the content of those third party sites. We do not make any other representation or endorsement of any third party site or service. The use of such links is entirely at your own risk and BRITA New Zealand accepts no responsibility for the content of such websites or for the information contained on the sites.

6              Governing law

6.1          The governing law of this Website is New Zealand and you agree to submit to the exclusive jurisdiction of the courts of New Zealand.

 

BRITA New Zealand Terms of Sale

1              About these Website Terms

1.1          In these Terms of Sale:

“BRITA New Zealand”, “we”, “us” and “our” means BRITA Water Filter Systems Distributors Pty Ltd (ACN 058 740 757) of Level 9, 123 Epping Road, North Ryde NSW 2113;

“BRITA New Zealand Online Store” means the online store located at https://store.brita.co.nz; and

“GST” means the goods and services tax as set out in the Goods and Services Tax Act 1985;

1.2          These Terms of Sale apply to all purchases of product(s) directly from BRITA New Zealand. If you do not accept these Terms of Sale, you should refrain from purchasing product(s) from BRITA New Zealand. If you do not understand these Terms of Sale or if you have any questions please contact our Customer Service Team on the below details to assist you.

BRITA New Zealand Customer Service Team

Phone: 0800 4 BRITA (0800 427 482)

9:00 - 17:00 Australian EST (Monday – Friday)

Email:   help@brita.com.au 

1.3          If you use the BRITA New Zealand Online Store to purchase any product(s) from BRITA New Zealand, our Website Terms also form part of these Terms of Sale. Our Website Terms are available at https://store.brita.co.nz/terms-and-conditions.

1.4          By purchasing any product(s) from BRITA New Zealand, you agree to enter into a contract with BRITA New Zealand in accordance with these Terms of Sale for the sale and supply of the relevant product(s). Each purchase by you from BRITA New Zealand will be a separate contract between you and BRITA New Zealand. BRITA New Zealand may, at its discretion, refuse to enter into a contract with you.

1.5          These Terms of Sale may be changed or updated by BRITA New Zealand from time to time. The Terms of Sale made available to you at the time that you purchase any product(s) from BRITA New Zealand will be the Terms of Sale that apply to that purchase.

2              Capacity

2.1          By purchasing any product(s) from BRITA New Zealand, you acknowledge that you:

(a)          are at least eighteen (18) years of age or you have permission from a parent or guardian to enter into these Terms of Sale; and

(b)          have the legal capacity to enter into these Terms of Sale.

3              Price

3.1          All prices specified by BRITA New Zealand are in New Zealand dollars and are inclusive of GST.

3.2          BRITA New Zealand reserves the right to change the prices of any product(s) at any time without notice to you. The price displayed at the time you confirm your order in relation to the relevant product(s) is the price that will apply to your purchase.

4              Shipping costs

4.1          In addition to the price specified by BRITA New Zealand for any product, you may also be required to pay any applicable shipping costs.

4.2          Any shipping costs that apply to your purchase:

(a)          will not be included in the price specified by BRITA New Zealand for the product(s) but will be confirmed at the time of purchase;

(b)          may vary depending on the product(s) that you purchase and where it needs to be delivered; and

(c)           will be calculated based on the size and weight of the product(s).

5              Payment

5.1          By confirming your order for any product(s) from BRITA New Zealand, you agree to pay the price specified by BRITA New Zealand for the relevant product(s) and any applicable shipping costs.

5.2          Any payments made via the BRITA New Zealand Online Store, will be subject to the terms and conditions of the online merchant facility that processes your payment and may include merchant fees.

6              Delivery

6.1          BRITA New Zealand will not deliver any product(s) ordered until you have paid the price for the relevant product(s) and any applicable shipping costs in full.

6.2          BRITA New Zealand will deliver any product(s) purchased by you to the delivery address specified by you at the time of purchase (the “Delivery Address”). Unfortunately BRITA New Zealand does not currently ship to PO Box addresses. If you require delivery to multiple Delivery Addresses, you may need to make separate purchases from BRITA New Zealand for the relevant products (with additional shipping costs).

6.3          BRITA New Zealand may use third party delivery agents (including Castle Parcels) to deliver product(s) purchased and it is BRITA New Zealand’s understanding that delivery will generally occur:

(a)          between 3 - 10 business days after dispatch for smaller items, depending on the Delivery Address; and

(b)          on week days only.

6.4          While BRITA New Zealand uses reasonable endeavours to deliver product(s) by the date specified in any order, you acknowledge and agree that:

(a)          BRITA New Zealand cannot guarantee that delivery will occur in the stated delivery time frames;

(b)          delivery time frames may change from time to time due to unforeseen circumstances (including any force majeure event); and

(c)           except where required by applicable law, BRITA New Zealand is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

6.5          If we are unable to deliver your product(s) to the Delivery Address due to:

(a)          the size of the package;

(b)          any restrictions on access to the Delivery Address; or

(c)           it being unsafe or impractical to make delivery,

a calling card will be left for you notifying you of where the product(s) have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card. Within New Zealand, undeliverable product(s) will generally be left at a local Castle Parcel’s depot or, if in Auckland, at Dendy Distribution Limited’s premises.

6.6          Title and risk in any product(s) purchased by you will pass to you on the date and time of delivery or collection if the product(s) were unable to be delivered to the Delivery Address in accordance with clause 6.5.

6.7          Upon delivery, you must inspect the product(s) and check that the product(s) delivered are those that you have purchased. If any product is faulty, damaged, missing, incorrect or does not match its description, you should contact our Customer Service Team.

7              Return Policy

7.1          Your right to a replacement or refund offered under this clause is in addition to your rights under the statutory guarantees in the Consumer Guarantees Act 1993. Your rights under that law may extend beyond 30 days.

7.2          We want you to be satisfied with your purchased products, so if you receive a product that is faulty, damaged, missing, incorrect, does not match its description or you are not completely satisfied with the purchase, please contact our Customer Service Team (refer to clause 1.2 for contact details) to arrange a replacement or refund within 30 days of the purchase date.

7.3          When you contact our Customer Service Team, please provide the following information:

(a)          Your name, address and daytime contact number;

(b)          Product name;

(c)           Online Purchase Order number (if applicable);

(d)          Reason for return; and

(e)          Whether you would like a replacement or refund.

7.4          Your return of any product(s) will be subject to the approval of BRITA New Zealand. When your product is approved for return, we will contact you with instructions on how and where to send the product, as well as providing you with a return authorisation number to be included with your return. Please do not return any product without first receiving a return authorisation number.

7.5          Where the product is being returned pursuant to this replacement or refund offer, unless otherwise agreed:

(a)          all returned products should be in their original condition with all packing material, manuals and registration card(s); and

(b)          any replacement or refund is subject to approval by our Customer Service Department Team.

7.6          If you are returning any product(s) for a refund, you should allow 14 business days from the time the product is returned for the refund to be processed. Any refund will be in the same form as the initial payment. We will issue you with a refund (less any shipping costs, if applicable) once we have received the returned item.

7.7          You will bear any shipping costs incurred as a result of your return of a product unless you are returning the product for being faulty, damaged, missing, incorrect or not matching its description. In such circumstances, the shipping costs will be borne by BRITA New Zealand following confirmation by our Customer Service Team of the relevant condition and BRITA New Zealand will provide you with a pre-paid postage packaging for you to use when returning the product and will pay any standard shipping costs related to delivery of the replacement product.

8              Our liability to you

8.1          Nothing in these Terms of Sale is intended to exclude, restrict or modify any rights and remedies that might be available to you under the Consumer Guarantees Act 1993.

8.2          In addition to any statutory rights that you may have, BRITA New Zealand warrants certain products against defects for a period of time following the date of purchase.

8.3          Our products come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993. If you have purchased a product that is ordinarily acquired for personal, domestic or household purposes and, in respect of that product, BRITA New Zealand beaches any warranty or guarantee that cannot be excluded, you may be entitled to:

(a)          a replacement or refund for a substantial failure and for compensation for any other reasonably foreseeable loss or damage; or

(b)          have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a substantial failure.

8.4          If you have purchased a product that is not ordinarily acquired for personal, domestic or household purposes and, in respect of that product, BRITA New Zealand breaches any warranty or guarantee that cannot be excluded at law, to the fullest extent permitted by law and at BRITA New Zealand’s sole election, BRITA New Zealand’s liability is limited to:

(a)          replacement of the relevant product;

(b)          supply of an equivalent product;  

(c)           repair of the relevant product; or  

(d)          payment of the cost of the repair or replacement of the product or equivalent product.

8.5          Our suppliers and manufacturers cannot guarantee that spare parts or repair facilities will be available for all products. If we cannot repair the product due to lack of spare parts we will provide you with a refund for the product.

8.6          Subject to clauses 8.3 to 8.5 above, to the full extent permitted by law, any liability of BRITA New Zealand (whether in contract, tort (including negligence) or any other basis in law or equity) arising out of or in connection with these Terms of Sale:

(a)          for loss of profit, loss of revenue, loss of anticipated savings, loss of use, loss of goodwill, loss of data and any loss that does not arise naturally or according to the usual course of things from a breach, act of omission relating to these terms (“Indirect Loss”) is excluded; and

(b)          for all other losses other than indirect loss, is limited to the greater of:

(i)            $10; and

(ii)           the price you paid for the product that is the subject of the claim.

8.7          You agree to indemnify BRITA New Zealand and its related bodies corporate (including any directors, officers, employees and agents) against any loss, damage, cost or expense suffered as a result of your conduct or breach of these Terms of Sale.

9              Force Majeure

9.1          BRITA New Zealand will not be liable to you for any delay in performing its obligations under these Terms of Sale if such delay is caused by circumstances beyond BRITA New Zealand’s control, including but not limited to, failure or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

10           Privacy

10.1        BRITA New Zealand may use your personal information that is collected when you purchase any product(s) from BRITA New Zealand pursuant to these Terms of Sale. BRITA New Zealand will comply with privacy laws and BRITA New Zealand’s Privacy Policy when we collect, use or deal with your personal information. You can access and read BRITA New Zealand’s Privacy Policy at https://store.brita.co.nz/privacy-policy.

10.2        By purchasing any product(s) from BRITA New Zealand you agree to your personal information being collected, used or dealt with in accordance with BRITA New Zealand’s Privacy Policy.

11           General

11.1        If any term in these Terms of Sale is found by a court of competent jurisdiction to be void, invalid or otherwise unenforceable, that term shall be severed to the extent of the invalidity and unenforceability with no effect to the validity or enforceability of the remaining terms.

11.2        These Terms of Sale constitute the entire agreement between you and BRITA New Zealand concerning your purchase of any product(s) and supersede all prior representations, contracts, statements and understandings, whether verbal or in writing.

11.3        Any failure by BRITA New Zealand to exercise or enforce any right or provision under these Terms of Sale shall not constitute a waiver of any of BRITA New Zealand’s rights.

11.4        The governing law of these Terms of Sale is New Zealand and you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.