Introduction and Acceptance of the Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘STIHL Ltd’ (hereafter also referred to as 'STIHL', ‘We’ or the ‘Website’) as the facilitator of the STIHL SHOP Online website, and any particular STIHL SHOP store that You transact with via the STIHL SHOP Online website. The parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept these Terms and Conditions of Sale. These Terms and Conditions of Sale are important to You, STIHL and the STIHL SHOP store that You transact with via the STIHL SHOP Online website, as they are used to protect your rights as a valued customer and the rights of STIHL and the STIHL SHOP store that You transact with.
Changes to the Terms of Service and the Website
The STIHL SHOP Online website is constantly being improved, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
Access to the Website
We work hard to ensure the Website is always up and available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with STIHL on the STIHL SHOP website by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using the STIHL SHOP Online website in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms and Conditions.
We do not guarantee that the Website or any content provided on the Website is error free.
We takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.
The prices indicated on the STIHL SHOP Online website by each of the participating STIHL SHOP stores are shown in New Zealand Dollars Inc GST and do not include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the relevant STIHL SHOP store's price of the products. Each STIHL SHOP store reserves the right to modify its prices at any moment but this will be indicated to you on the order at the time the order is placed with a STIHL SHOP store. If an obviously incorrect price appears on the STIHL SHOP Online website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
The relevant STIHL SHOP store that you choose to transact with will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, the price you paid for the product will be refunded within 30 days following the date of payment. If your order includes products that are temporarily unavailable, the available products will be sent out first and the outstanding items will follow once they are available again. There will be no shipping costs for the shipment of the outstanding items. If relevant, you will be offered a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, you can return it under the conditions outlined under Right of Return. If you choose to decline this offer, and the original product is permanently unavailable, You will be reimbursed the price of the unavailable product.
The STIHL SHOP Online website uses the highest level of online security to ensure that online shopping with your credit card is safe.
All STIHL SHOP Online Credit Card payments are processed securely by Windcave (Payment Express) and are compliant to the Payment Card Industry Data Security Standard (PCI DSS) to the highest level available. Payments via STIHL SHOP Online are processed using Secure Socket Layer (SSL) protocol, whereby sensitive information is encrypted to protect your privacy.
Your order will be delivered to the address you indicated when your order was placed. The products bought on the STIHL SHOP Online website will be delivered to one address in New Zealand. STIHL SHOP Online does not deliver outside New Zealand.
The STIHL SHOP store that You transact with via the STIHL SHOP Online website, will do everything in their power to respect the delivery times indicated on the STIHL SHOP Online website. The Suppliers to the STIHL SHOP website and the relevant STIHL SHOP store cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by You, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
Consumer Guarantees Act 1993
The Consumer Guarantees Act 1993 ('CGA') may not apply to goods and services purchased via the STIHL SHOP Online for commercial, resale or trade use. If you are purchasing goods or services via the STIHL SHOP Online for commercial, resale or trade use, as defined in sections 2 and 43 of the CGA, You agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods or services.
Right of Return
The STIHL SHOP store that You transact with via the STIHL SHOP Online website, will meet all their obligations under the CGA.
In addition to the rights you have the under the CGA, STIHL SHOP Online allows you 14 days to return a product that you are not satisfied with. Your right of return starts from the moment your order is received. Subject to any rights you have under the CGA, You can return the product to the STIHL SHOP store that You transact with via the STIHL SHOP Online website within this time frame, at your own expense, with your invoice. We do not accept returns via courier to either our distribution centre or our stores.
The right of return only applies to products that are returned in their original, complete condition. Any product that has been damaged, is not in its original packaging, or has packaging that has been worn beyond simply opening the product, will not be refunded. We also do not have to accept machines that have been used or fuelled. The deadlines mentioned above are effective from the date of receipt of the order.
You will be reimbursed via the same payment method as was used initially.
Privacy and Protection of Personal Data
The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the STIHL SHOP Online website, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to these Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you, in accordance with the New Zealand Privacy Act 1993. You can at any time make a request to STIHL the additional suppliers to the STIHL SHOP website, or any STIHL SHOP store that You transact with via the STIHL SHOP Online website, to find out what personal information each holds concerning you. You may at any time, and by request, modify this information.
Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to the STIHL SHOP Online website and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.
Intellectual Property Ownership
All the content on the STIHL SHOP Online website (illustrations, texts, names, brand names, images and videos) is the property of STIHL and other suppliers to the STIHL SHOP website. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by STIHL and other suppliers to the STIHL SHOP website. All information, content and files is protected by relevant laws (including New Zealand and overseas laws) concerning intellectual ownership and copyright. STIHL cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party will likely constitute an offence.
STIHL will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
Waiver and Severability
Any failure of STIHL the other suppliers to the STIHL SHOP website, or any STIHL SHOP store that You transact with via the STIHL SHOP Online website, to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between You, STIHL and the other suppliers to the STIHL SHOP website, and any STIHL SHOP store that You transact with via the STIHL SHOP Online website, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Feedback & Comments
Any opinions left on the Website by customers are screened and moderated by the STIHL SHOP Online Team . If the comments breach the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary), STIHL reserves the right to remove or modify it.
Fraudulent Order Security Flags
For your safety we have some automated flags in place to detect potential stolen credit cards. If the credit card used in a transaction is flagged, STIHL reserves the right to cancel the order and automatically refund the order amount back onto the credit card used. The customer will not be notified. If you notice that your order has not been dispatched and/or your order amount has been refunded, your card may have been flagged by our security checks. Please contact us for more information.
Disclaimer. Limitation of Liability and Indemnity
Subject to any rights you have under the CGA and to the extent permitted by law, we exclude all liability to You or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the STIHL SHOP Online website including, but not limited to, loss or damage you might suffer as a result of:
Errors, mistakes or inaccuracies on the website;
You acting, or failing to act, on any information contained on or referred to on the website or any linked website;
Personal injury or property damage of any kind resulting from your access or use of the STIHL SHOP Online website;
Any unauthorised access to or use of the STIHL SHOP Online website's secure servers;
Any interruption or cessation of transmission to or from the website;
Routine Security Checks
STIHL, and/or any STIHL SHOP store that You transact with via the STIHL SHOP Online website, reserve the right to contact the purchaser of an order to confirm the validity of delivery details supplied and each may perform security checks on any orders that raise a security alert based on purchase type or level. STIHL, and/or any STIHL SHOP store that You transact with via the STIHL SHOP Online website, reserve the right to cancel and refund any order that appears to be fraudulent.