General T&Cs
In these Terms and Conditions, ‘we’, ‘us’ and ‘our’ refer to RM & CE Limited, trading as THC International. ‘You’ refers to the person placing an Order via www.theheatingcompany.co.nz (the ‘Website’) or your written acceptance of any product quotation. Any request for supply of the products on our Website (‘Products’) or written quotation acceptance that you place with us and any Products we sell to you are subject to these Terms and Conditions, which are posted on the Website and which you are deemed to accept by placing an Order, along with any additional terms and conditions on our Website which apply specifically to that Product, and any statutory rights you may have as a consumer which are modified and limited by these Terms and Conditions (only to the extent permitted by law). If you Order through our Website or written quotation acceptance, we will only sell and deliver Products in New Zealand.
Ordering T&Cs
You must:
Only Order Products in accordance with the instructions on this Website and pay for the Products in full (without set-off or deduction of any kind) by authorising us to charge a credit card account or as agreed within our written quotation.
You warrant that you are authorised to use your credit card account by the relevant credit card company. You may place an Order by adding items to your ‘Cart’ on our Website and clicking the ‘Check Out’ button (‘Order’). By placing an Order, you make an offer to us to purchase the Products you have selected, subject to these Terms and Conditions. Any information contained on our Website constitutes only an invitation to treat, and is not an offer by us to supply any Products or any other goods or services.
When you place an Order through our Website or written quotation, we will email you with confirmation of the Order received and the date of dispatch.
While we will endeavour to fulfil an Order, we will not be liable to any person if we decline to fulfil an Order or we are unable to supply the Products in your Order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your Order, variation or cancellation. Some Products may be unavailable from time to time. However, we will advise you if we decline or are unable to fulfil your Order.
We may cancel an Order if we believe it is fraudulent or if an error has occurred, including, without limitation, listing with an incorrect price or information.
Pricing & GST T&Cs
The price for the Products will be: the price in New Zealand dollars (NZD) as quoted on the Website or written quotation at the time of placing your Order, and the costs associated with delivering the Products to you. All prices and delivery charges within New Zealand are inclusive of a New Zealand Goods and Services Tax (GST) rate of 15%.
Discount vouchers do not apply to ventilation Products.
Delivery, Title & Risk T&Cs
We will deliver the Products to the premises nominated in your Order at your cost within a reasonable time of accepting your Order. We usually specify next-business-day for your Order to be dispatched from our warehouse, and we will try to dispatch all Products within three business days. Late delivery does not entitle you to cancel any Order or part of any Order.
We will re-deliver, replace or refund the Products (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address at the point of placing an Order.
We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all Products Ordered. The Products are at your risk as soon as they leave our premises for delivery to you.
Returns & Refunds T&Cs
Subject to any rights you may have as a consumer under any statute, the following terms apply to the return of Products.
If you change your mind about the Products, we will only accept a return if you contact the customer service team within 21 days of the date your Order was dispatched to you. Contact the team here.
If the Products were damaged, defective or faulty at the time of delivery to you, we will replace the Products in full.
You must pay all costs of returning Products to us if we accept the return of damaged or faulty Products. Where we delivered incorrect Products, we will provide you with details on how to return the items using our paid courier service. In the event that this service is not used, we will not be liable for any costs involved in returning the goods to us.
All Products returned must be in their original condition and packaging, with tags still attached (except for defective or faulty Products) along with any accompanying accessories and documentation. We reserve the right not to accept a return of any Products which, when examined or tested by us or our agent, are found not to be not damaged, defective or faulty.
We will not issue a refund before the Products are received by us. If you have any problems regarding your Order or a refund, contact our customer service team here.
Manufacturers’ Warranties T&Cs
All Products (as individually shown on our Website) carry a manufacturer’s warranty. Nothing in these Terms and Conditions affects that warranty, and you should contact us in the first instance for replacement or repair under the warranty terms.
Where you resupply the Products in trade to a person acquiring them for the purposes of a business, you must include a term in your contract with that person that the Products are being acquired for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply in respect of those Products. You must not make any representation in relation to the performance, quality or application of the Products without our prior written approval; and you indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of these Terms and Conditions.
Our Obligations to You
The material and information contained on our Website is supplied to enable you to make your own determination as to a Product’s suitability for your purposes prior to placing an Order. We take no responsibility regarding your access or inability to access the Website, including any viruses alleged to have been obtained from the Website, any computer error, business interruption or data loss you allege was caused by the Website, your use of or reliance on the Website or any of the information or materials available on this Website.
If, despite the other provisions of these Terms and Conditions, we are found to be liable, without limiting your obligation to indemnify us in accordance with these Terms and Conditions, our liability for any single event or series of related events is limited to the amount you paid for the Product which gave rise to your claim.
You confirm that these Terms and Conditions are reasonable having regard to the price payable for the Products and their nature.
We will only sell to you if you are over 18 years of age. By placing an Order, you confirm you are over 18 years of age. If we suffer any damage or loss because you are not over 18 years of age when you place an Order, we reserve the right to seek compensation for such damage or losses from your parents or guardians.
Copyright T&Cs
You acknowledge that we are the sole owner of all intellectual property rights in the Products and on our Website. We hold copyright in all content and elements of our Website. You must not copy, alter or reproduce any Product (or any part of a Product), our content or logo, or the Website (or any part of the Website), nor permit any person to do so without our prior written consent.
Indemnity T&Cs
You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs (including legal fees and costs), damage, expense or injury (whether direct, indirect, special or consequential) arising directly or indirectly from, or in connection with, your access to, or use of, this Website, or the supply or non-supply of Products.
Privacy T&Cs
In completing and submitting an Order, you will be providing us with personal information. Your information and any other personal information that you may provide to us will be held by THC International in accordance with our Privacy Policy, which you can access here. If the information is not provided, your Order may not be processed.
Where any part of these Terms and Conditions is rendered void, unenforceable or otherwise ineffective by operation of law, that will not affect the enforceability or effectiveness of any other part of these Terms and Conditions. Where, under any statute, any implied conditions and warranties cannot be excluded by these Terms and Conditions, our liability for breach of such conditions and warranties shall be limited, at our option, to the replacement of the Products or the re-supply of the same Products, or the payment of the cost of replacing the Products or of acquiring equivalent Products.
We may vary these Terms and Conditions at any time without notice to you.
You may not assign any benefits, rights or obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
Non-performance by us of any of our obligations under these Terms and Conditions will be excused, without liability for that non-performance, during the time and to the extent that our performance of the obligation is prevented, wholly or substantially, by any event or circumstance beyond our reasonable control.
