Terms & Conditions
Sous Vide Chef - Bell Technology Limited
This page together with our Privacy Statement and Terms of Website Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1.1 All goods are supplied by Sous Vide Chef subject to these conditions, which supersede any earlier sets of conditions appearing in catalogues or elsewhere and which shall override any terms or conditions stipulated, incorporated or referred to by the Buyer, whether in the order or in any negotiations.
1.2 The relaxation or waiver by Sous Vide Chef of any of these conditions on any occasion shall act merely as a waiver on that occasion and shall not affect our right to enforce any of these conditions on any subsequent occasion.
1.3 Any variation of these conditions will be confirmed in writing by Sous Vide Chef and will not otherwise be valid.
1.4 No order shall be deemed to have been accepted by Sous Vide Chef unless it is confirmed by Sous Vide Chef via website confirmation.
2. Price of Products2.1 All prices quoted on this website are in New Zealand Dollars (NZD).
2.2 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 2.5 for what happens if we discover an error in the price of Product(s) you ordered.
2.3 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
2.4 The price of a Product excludes GST (where applicable) at the applicable current rate chargeable in New Zealand for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.
2.5 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
2.6 It is always possible that, despite our efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
2.6.1 where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
2.6.2 if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
3.1 All prices stated by Sous Vide Chef will not include GST unless stated.
4. Payment4.1 You can only pay for Products using PayPal, debit card or credit card or POLi.
4.2 Payment for the Products and all applicable delivery charges is in advance. We will charge your PayPal account, debit card, credit card or POLi account at the point your Order is submitted.
4.3 Payment is in New Zealand Dollars (NZD)
5.1 Any time or date quoted by Sous Vide Chef for delivery is given and intended as an estimate only. Whilst every endeavour will be made to meet an estimated time for delivery Sous Vide Chef shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery.
5.2 The customer shall notify Sous Vide Chef within seven 5 days of confirmation of goods order of any shortage of goods or damage to goods. Failure to so notify may dis-entitle the customer to any remedy in respect to the shortage or damage of goods.
5.3 The goods ordered shall be at the risk of the customer beyond Sous Vide Chef's store.
5.4 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control.
5.5 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
5.6 You own the Products once we have delivered them to you or a person nominated by you to take possession of them.
6. International Delivery
6.1 We deliver to selected international destinations but we reserve the right to refuse delivery to any international destination at our absolute discretion.
6.2 If you order Products from our site for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
6.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
6.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
7. Manufacturer guarantees7.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
7.2 A manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
8.1 For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of one year from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 8.2.
8.2 The warranty in clause 8.1 does not apply to any defect in the Products arising from:
8.2.1 commercial use of the Home Chef products, Clifton at Home and Sousmatic;
8.2.2 fair wear and tear;
8.2.3 willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
8.2.4 if you fail to operate or use the Products, or fail to install them, in accordance with the user instructions; or
8.2.5 any alteration or repair by you or by a third party who is not one of our authorised or recommended repairers.
8.3 Any claim under the warranty in clause 8.1 must be in writing, and must give the serial number and description of the Product, order number, and date of delivery.
8.4 Any Products or parts of Products, which may require repair or replacement, shall be repaired or replaced (at our discretion) at our premises. You must arrange for and cover the cost of returning the Products to be repaired back to us. The Products will be at your risk until received by us. It is your responsibility to pack the Products securely and to ensure that they are not damaged in transit. Any such Products or parts will be redelivered by us to you free within New Zealand, and at an additional cost internationally. All faulty parts removed from the Products will become our property. Any other repairs or work by us will be carried out under the terms and conditions for specialist engineers currently in force.
8.5 In the event of replacement of the Product with a new or reconditioned model, the replacement product will be covered by this warranty until one year after delivery of the original Product.
8.6 In no circumstances shall any of the Products be returned to us without our prior written consent. If any Products or parts of Products are returned unnecessarily all cost involved, including a charge for inspection, handling, and the return carriage must be paid by you.
9. How the Order contract is formed between you and us
9.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
9.2 Payment will be taken at the time you place an order. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 9.3.
9.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the order has been accepted (Order Acknowledgement). The Contract between us will only be formed when we send you the Order Acknowledgement.
9.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 2.5, we will inform you of this by e-mail and we will not process your order. We will refund you the full amount paid by you for any Products we are unable to supply, including any delivery costs charged, as soon as possible.
10. Returns and Refunds
10.1 You can cancel an order during the period set out below in clause 10.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the order and receive a refund.
10.2 The cancellation of an order starts from the date we confirm that we have dispatched the Products (Dispatch Confirmation). Your deadline for cancelling the order then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Order||End of the cancellation period|
|Your Order is for a single Product (which is not delivered in installments on separate days).||
The end date is the end of 5 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 15 January.
|Your Order is for either of the following:
The end date is 5 days after the day on which you receive the last installment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first installment of your Product or the first of your separate Products on 10 January and the last installment or last separate Product on 15 January you may cancel in respect of all installments and any or all of the separate Products at any time between 1 January and the end of the day on 20 January.
|Your Order is for the regular delivery of a Product over a set period.||
Your Order is for the regular delivery of a Product over a set period.The end date is 5 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 15 January. 15 January is the last day of the cancellation period in respect of all Products to arrive during the year.
10.3 To cancel an Order, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com or contact us by telephone on +64 9 5251875 or by post to Sous Vide Chef, c/- Bell Technology Ltd, P.O. Box 26353 Epsom, Auckland 1344, New Zealand. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
10.4 If you cancel your order we will refund you the price you paid for the Products less the delivery costs. However, please note we are permitted to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.5 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges.
10.6 We will refund you on the credit card or debit card used by you to pay. If you paid using PayPal, refunds will be credited to your PayPal account.
10.7 If a Product has been delivered to you before you decide to cancel your order:
10.7.1 then you must return it to us without undue delay and in any event not later than 7 days after the day on which you let us know that you wish to cancel the order.
10.7.2 unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us.
11. Information about us
11.1 We operate the website https://www.sousvidechef.co.nz. We are Bell Technology Limited, a company registered in New Zealand under company number 499182 and with our registered office at 10C Maurice Road, Penrose, Auckland 1061, New Zealand. Our main trading address is our registered office.
12. Our Products
12.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
12.2 The packaging of the Products may vary from that shown on images on our site.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control.
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.2.1 we will contact you as soon as reasonably possible to notify you; and
13.2.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.3 You may cancel a Order affected by an Event Outside Our Control which has continued for more than 10 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14. Other terms
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 We may transfer our rights and obligations concerning an order to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
14.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you have purchased a Product as a gift, you may transfer the benefit of our warranty to the recipient of the gift without needing to ask our consent.
14.4 The order placed on-line is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a Product will have the benefit of our warranty, but we and you will not need their consent to cancel or make any changes to these Terms.
14.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.7 These Terms are governed by New Zealand law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by New Zealand law. You and we both agree to that the courts of New Zealand will have non-exclusive jurisdiction.