Terms and Conditions

This website is owned and operated by La Marzocco Australasia Limited (sometimes trading as La Marzocco or La Marzocco Home) (“us”, “we”) and your use of the website is subject to these Website Terms and Conditions of Use, as detailed below, in conjunction with our standard Terms and Conditions of Trade for the supply of Goods and Services which together constitute the full agreement between you the customer and ourselves. By using this website you acknowledge that you have read, accepted and agree to be bound by both of these sets of Terms and Conditions, and all applicable laws.

If you intend to transact through this website, i.e purchase goods and/or services from this website (the “Goods” and/or “Services”) then you warrant that you are at least 18 years of age, that you have the power to enter into this agreement and you acknowledge that this agreement creates binding and valid legal obligations upon you.

If you do not agree with or do not wish to accept the Terms and Conditions relating to this website, then please do not use this website. You are also advised that failure to accept our Terms and Conditions may result in your inability to access certain sections of this website.

acceptable use.

In your use of this website, you agree to comply with all applicable laws, not to use the website to do anything unlawful or misleading, and not to do anything that may cause undue inconvenience, disruption or offence to us, or that may affect the security or operation of this website, any services offered via this website or any network or system underlying or connected to them (including without limitation, by using a robot, spider, scraper or other automated means to access this website or feature on it for any purpose).

You are responsible for all activity resulting from your use of the website. We reserve the right to terminate your use of this website in the event that you breach any of the terms.

privacy.

Our Privacy Policy applies to the handling, storage, and use of any personal information you submit to us and forms part of these Terms and Conditions.  You should read our Privacy Policy at  https://nz.lamarzocco.com/privacy/ carefully.

cookies.

Our website uses a technology called cookies (a small element of data that our website may send to your computer). These cookies may be used to provide you with specific information for the purpose of us tracking site usage and traffic. These cookies do not read your hard drive but may be stored on your hard drive to enable our website to recognise you when you return.

mailing lists.

If at any time you are on a mailing list of ours then you may request to be removed from the same and we will comply with your request. You may do this by contacting us using the “Contact Us” section of this website or selecting the unsubscribe button provided in the message.

returns, damaged or defective goods.

Our policy in relation to returns, damaged or defective Goods shall be as specified in our standard Terms and Conditions of Trade for the supply of Goods and Services. We shall not accept returns for change of mind or if you make a wrong decision unless the decision was caused by our negligence or incorrect information supplied by ourselves.

copyright and trademarks.

The contents of this website are at all times the copyright or trademark property of either ourselves, our suppliers or linked third parties and, to the maximum extent permitted by law, you may not distribute, reproduce, display or publish any trademark or other content of this website for any purpose whatsoever without the prior written approval of us, our suppliers or linked third parties (each as applicable). Furthermore you agree to indemnify us against any claims, costs, damages or losses incurred by us should you fail to comply with this clause.

advertisers and linked sites.

The display on our website of any advertising or the provision of a link to third party websites does not constitute our endorsement of either the advertiser or third party provider or any of their website content or business practices. As we do not have any control of the content of any third party websites, access to such websites is at your sole risk and we recommend that you thoroughly review the terms and conditions of use and the privacy policies of any third party website immediately when you access such a website.

Except to the extent required by mandatory law, we shall accept no liability in regards to any dealings, promotions or activities between yourself and advertisers or third party providers.

specifications and information.

Specifications and information provided on this website are given in good faith based on our knowledge, experience, or information provided to us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by us. Therefore, we recommend that if you have any concerns as to the suitability of Goods or Services provided through this website, including in respect of the use of the Goods or Services or their suitability for a particular use, that you contact us or seek external professional opinion.

We reserve the right to adjust the actual price charged for Goods or Services if the prices shown are incorrect, and to vary our prices and Goods and Services descriptions at any time without notice.

You acknowledge and accept that colours of items displayed on the website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to us for use, or the quality, age or settings on your monitor. If colour is a major factor in your decision making we recommend you contact us before purchase.

online ordering.

We will make every effort to fulfil orders placed using the website but display on this website does not guarantee the availability of any particular Good(s), therefore all orders placed through this website shall be subject to confirmation of acceptance by us. Orders for Services shall be subject to confirmation of suitable timeframes between you and ourselves for provision of the Services. Any information contained on the website does not constitute any offer in any jurisdiction other than New Zealand (unless otherwise agreed with you) and our standard Terms and Conditions of Trade will apply to orders placed via this website.

changes to terms and conditions.

We reserve the right to change any of the Terms and Conditions displayed on this website (including our Privacy Policy and Terms and Conditions of Trade) at any time by notifying you through this website that we have done so. By continuing to use this website, you agree to be bound by the amended terms and conditions as notified and posted on the website.

continuous service.

Due to the inherent nature of websites we cannot guarantee uninterrupted or continuous availability of this website and you accept that the website may also be unavailable from time to time for maintenance or scheduled upgrades. We will endeavour to give you advanced warning of maintenance or scheduled upgrades.

warranties and liability.

Consumers have rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 in relation to the Goods and/or Services, and nothing in these terms or our other terms that may apply to you are intended to limit those rights.  However, except to the extent those rights apply, we do not warrant that: (a) the website will meet your specific requirements; (b) the website will be uninterrupted, timely, secure, or error free; (c) the results that may be obtained from the use of the website will be accurate or reliable; (d) the quality of any Goods, Services, information or other material purchased or obtained by you through the website will meet your expectations; or (e) any errors in the website will be corrected.

Except to the extent required by mandatory laws, we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, the website.

termination of use.

These terms and your access to our website may be terminated by us (at our sole discretion) at any time without notice or any requirement to give you a reason why. In the event of termination under this clause we shall have no liability to you whatsoever (including for any consequential or direct loss you may suffer) to the extent permitted by applicable law.

jurisdiction.

This website can be accessed from countries around the world to the extent permitted by the website. By accessing this site, you agree that the laws of New Zealand shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or your use of this website, irrespective of any conflict with any laws and statutes applicable to your country of domicile.

You further acknowledge and agree that the filing of a claim against us (if any) must be made in New Zealand, and that any legal proceedings will be conducted in English.

We make no representation that Goods or Services offered through this website are appropriate, available or suitable for use in countries outside of New Zealand, and accessing any material or content from, or through, this website which is illegal in your country of domicile is strictly prohibited.

general.

If any provision of these terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these terms otherwise remain in full effect.

If either party fails to exercise or enforce any right available to under these terms, it does not constitute a waiver of those rights.