Terms & Conditions

The Website is provided by Dyson Limited. By using this Website the Customer represents that he or she have read, understood and accepted these terms and conditions and agree to be bound by them.

Definition

"Customer" means a person purchasing Products through the Website and, as the context requires includes any person browsing the Website.

"Dyson" means Dyson Limited and with respect to Products sold in New Zealand means and includes Dyson’s New Zealand distributor, Avery Robinson Limited.

"strong" means good and services tax chargeable in accordance with the Goods and Services Tax 1985.

"Products" means the Products for sale on the Website.

"Website" means www.dyson.co.nz

Using the Website

  1. All right, title and interest in all intellectual property contained in the Website (including but not limited to any trademark, copyright, designs and patents whether registered or not) are the exclusive property of Dyson Limited (a company incorporated in the United Kingdom) and such property is protected by New Zealand and international law. Nothing in these terms and conditions constituted any license or rights to the Customer for use of that intellectual property.
  2. The Customer may use the information contained in this Website for personal use only. The Customer shall not use the information contained in this Website for commercial purpose or copy, reproduce, transmit or distribute any such information without the prior written consent of Dyson.
  3. Information contained in the Website may be amended at anytime without notice.
  4. Dyson endeavors to supply accurate information on the Website but errors and omission do occur. Dyson does not accept any liability, whether directly or indirectly, arising from the use of any information contained in the Website.
  5. Dyson disclaims any loss or damages whatsoever and howsoever caused arising directly or indirectly from the Customer’s use or inability to use the Website.

Ordering Online

  1. The price of Products is displayed in New Zealand currency and excludes GST any other sales tax and delivery surcharges unless otherwise stated.
  2. By submitting an order to Dyson through the Website, the Customer is making a legally binding offer to purchase which is capable of acceptance by Dyson without any further reference to the Customer.
  3. Dyson will send confirmation to the Customer after receiving the order but that does not constitute an acceptance. Dyson has absolute discretion to decide at anytime (whether before or after the confirmation is sent and whether the Customer’s credit card has been charged or cheque or money order has been cleared) whether an order placed on the Website is accepted. If the Customer’s order is declined after Dyson has received payment of the same, Dyson will promptly refund your payment.
  4. The Customer must pay Dyson for the Products ordered online by debit or credit cards issued by Mastercard or Visa or by cheque or money order. No order will be dispatched until payment is cleared.

Delivery

  1. Dyson shall deliver the Products ordered to the address specified in the online order and delivery will only be made within New Zealand.
  2. Dyson shall deliver the Products ordered by such carrier and in such form of transport as it considers appropriate unless the Customer otherwise specifies. The Customer shall be responsible for all freight charges in any event.
  3. Dyson endeavors to dispatch the Products ordered within 7 days after payment of the order has been cleared. Notwithstanding the above, Dyson shall not be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Dyson or otherwise. If Dyson considers that the delivery of the Customer’s order is likely to be substantially delayed, Dyson may, but not obliged to, contact the Customer and arrange an alternative delivery timeframe. If that timeframe is unacceptable, the Customer may cancel the order.
  4. If the Product delivered does not correspond with the Product ordered, the Customer shall notify Dyson within 10 days from the day the relevant Product is received (time is of the essence). Dyson shall bear the freight costs in returning the relevant Product (if applicable) and re-deliver the correct Product to the Customer.

Property/Risk

  1. Property and risk shall pass to the Customer upon the dispatch of the Products from Dyson’s premises.

Warranties and Liability

  1. Except for the manufacturer’s warranty provided on delivery of the Product, all representations, terms, warranties, guarantees or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of Dyson other than the express provisions of these terms and conditions.
  2. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that neither Dyson nor any or its officer assumes any responsibility for any advice given regarding the Products, and that, except for the manufacturer’s warranty provided on delivery of the Product, all Products are accepted by the Customer entirely at the Customer’s risk.
  3. The liability of Dyson, whether in tort, contract or otherwise for any loss, damage or injury arising directly or indirectly from any defect in the Products shall be limited in any event to (at Dyson’s option) the consideration received by Dyson for the relevant Products or replacement of those Products.
  4. Dyson will not be liable for any indirect losses or consequential damages of any kind whatsoever arising from or in relation to the Customer’s use of, or inability to use, the Products.

Indemnity

  1. The Customer indemnifies Dyson against all liabilities, loses, claims and expenses suffered or incurred by Dyson arising directly or indirectly out of the Customer’s use of the Website, any breach of these terms and conditions and the delivery or failure of delivery of any Products.

General

  1. If the performance by Dyson of its obligations under these terms and conditions is prevented by reason of force majeure (which includes natural disaster, strikes, shortage of labor, shortage or unavailability of Products or raw materials, delay in transit or any other cause beyond the control of Dyson), Dyson shall be excused from such performance to the extent of such prevention.
  2. Dyson may from time to time and in its absolute discretion amend these terms and conditions and such variation shall take place immediately. The Customer by continuing to use the Website indicates acceptance of those variations.
  3. These terms and conditions and the Website are governed by the laws of New Zealand the parties submit to the exclusive jurisdiction of New Zealand courts.
  4. The Customer agrees that Dyson may send marketing materials via email to the Customer from time to time. Dyson agrees that it will immediately stop sending such marketing materials if the Customer so requests.
  5. All information disclosed to Dyson via the Website is subject to Dyson’s privacy policy.