Terms & Conditions


General

These terms and conditions govern all supply of goods and services (“products”) by “My Espresso Fix”, “we”, “us” to you, the purchaser of goods and services from us, including your use of the website at https://myespressofix.co.nz (“the website”).

“My Espresso Fix” (trading name) is based in Auckland (New Zealand) and strive to provide a great customer service. To this end, “My Espresso Fix” will always treat you fairly and in accordance with all applicable New Zealand Consumer legislation including the Consumer Guarantees Act and the Fair Trading Act.

Acceptance of terms

By registering as a member of “My Espresso Fix” or purchasing from the website, you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services including the website.

We reserve the right to change these terms of trade by updating this page. Please check this page from time to time to take notice of any changes we made as your continued use of the services including the website represents your acceptance of the updated terms and conditions. This page was last updated 28 May 2018.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Shipping and delivery

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We deliver to New Zealand street addresses or PO Boxes. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.

Delivery to Australia is also possible on request, please contact us to place your order.

Most orders are shipped on the same or next working day. Deliveries to New Zealand are usually received within 1-3 business days. Rural Addresses may take a little longer.

Pricing

All prices are in New Zealand Dollars and are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

A confirmation email will be emailed to you at the email address you supply when you place your order. This confirmation email contains all the details of your order including the cost of each item, the shipping cost and the total cost. You are responsible for ensuring that your contact details are correct.

Payment options

Payment can be made by credit card, debit card or bank deposit.

We accept the following credit/debit cards: Visa, MasterCard and American Express.

All payments are processed via Stripe secure payments system to ensure high levels of payment security and are subject to Stripe terms and conditions.

Returns

Regardless of the reason, you must contact us before returning any item.

We will meet our obligations under the Consumer Guarantees Act to provide a remedy in the following cases:

  • Goods damaged prior to delivery
  • Goods with manufacturing faults
  • Goods supplied incorrectly
  • Goods that differ from their description on the website

We do not have to provide a refund if you have changed your mind but we will try our best to help you if you contact us within 7 days after receiving your goods. On a per case basis, we might offer you a refund or a store credit for the original purchase price less original shipping charges. You will be responsible for the costs of returning the goods.

Liability Limitation

We provide this site on an as-is basis and makes no representations of any kind for the operation of the website, as well as for all information, products, materials and services as associated. We do not warrant that any information available on the website is accurate, current or complete.

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of the website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Copyright

“My Espresso Fix” asserts the right to the copyright of all aspects of the website, except the trademarks, slogans, logos or designs of the products displayed. Trademarks and logos are used solely to guide customers and are the property of their respective owners.

Privacy policy and Confidentiality

We may email you no more frequently than once per month with special offers and articles that we consider might interest you. If you wish to stop receiving these communications you will be able to opt out by contacting us by email or by following the unsubscribe instructions (if any) at the bottom of emails sent to you.

Opting out of receiving the above-mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

You will need to permit us to place data files (“cookies”) on your computer to enable you to use some features of some our website. Where you choose not to enable cookies from our website, some functionality may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.