Terms and Conditions
1. About us
1.1 Heating Hub ("Heating Hub," "we," or "us") is a premium website in which we sell fires.
1.2 By placing an order, you agree to these terms and conditions (Terms), which will form the entire agreement between us to the exclusion of any other terms or other representations, unless expressly agreed by us in writing.
1.3 Section 3 of these Terms will also apply if you only use our website (but don't place an order).
2. About you
2.1 Customers must provide complete and accurate details when placing orders.
2.2 Purchasing of products is intended for personal use only. If you are purchasing on behalf of another person, our agreement will remain with you, and you will remain obligated to comply with these Terms. Business or trade-related usage is not permitted under these Terms.
2.3 Orders will primarily be through the website, with additional contact options available.
2.4 By placing an order, you authorise us to collect, retain and use your personal details in accordance with our privacy policy (a copy which is available on our website). This includes the use of your personal details for contact and delivery purposes. We may also use these details to seek feedback on the services provided. For more information please refer to our privacy policy.
3. Using our website
3.1 Users must use our website for lawful purposes without infringing on others’ rights.
3.2 While efforts are made to maintain website availability, we cannot guarantee uninterrupted service or error-free operation.
3.3 Commercial use or publication of website content requires prior authorization from us in writing.
3.4 We do not authorise the use of our trademarks or logos without our prior written consent. This includes registered or unregistered trademarks of us or our licensors.
3.5 Our website may include published content permitted by third party copyright owners. Third party copyright owners reserve all rights in relation to this content and their permission must be requested in order to copy it (sources are included alongside such content).
3.6 Our website may contain links to other websites. Please be aware that we are not responsible for third party websites and can take no responsibility for their content or availability or how they might use your personal data. Please review the terms and privacy notices on any third party website that you visit.
3.7 We will not be liable or responsible to you or any other person for any loss or damage in connection with the website, any linked website or your access and use of it (or inability to access or use), or reliance on content contained on or accessed through the website or any linked website. To the maximum extent permitted by law, this exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
4. Placing an order
4.1 All orders must be placed through our website or email, following the on-screen process.
4.2 Order confirmation is sent via automated email. Dispatch confirmation signifies acceptance of your order, forming a binding contract.
5. Our products
5.1 It is your responsibility to ensure that any products meet your specific requirements. We will not be responsible if any product does not meet your specific requirements.
5.2 Product images are displayed for reference; actual product appearance may vary. You acknowledge that the product (including any materials) may vary from any sample, description, photo, or specification displayed and that any variation, irregularity or imperfection in the product delivered will not constitute a failure correspond with the sample, description, photo, or specification. You may not reject the product because of any variation, irregularity, or imperfection.
5.3 Packaging shown is illustrative and the actual packaging containing the products may differ.
5.4 We will not be liable or responsible to you or any other person for any loss or damage (direct or otherwise) in connection with the use of any products, to the maximum extent permitted by law.
6. Price, payment and deposit
6.1 All prices are displayed on the website, all prices are expressed in New Zealand Dollars and include 15% Goods and Services Tax (GST).
6.2 We take reasonable care to ensure correct pricing. In case of errors, orders may be declined.
6.3 Full and final payment must be made at the time of your purchase. We will not be able to dispatch the products until payment is received in full and as cleared funds.
6.4 Due to the nature of the manufacturing process, product design and prices are subject to change without notice.
7. Delivery
7.1 We will deliver the product to the address specified in the order.
7.2 You must ensure that someone is able to accept delivery. If no one is able to accept delivery, you may be able to arrange with our carrier to leave the product at a safe location. In this case, the carrier will deliver the product to the safe location and this will complete our delivery obligations.
7.3 If delivery costs apply, then you are agreeing to pay any delivery costs in addition to the price of the product(s) or service(s).
7.4 We will not be liable for any costs or losses resulting from any delay in the delivery of the products following dispatch.
7.5 Once the product has been delivered, the care of the product is your responsibility.
8. Changes and cancellations
8.1 Changes to orders can be accommodated prior to dispatch, subject to product availability.
9. Returns
9.1 Products can be returned, on a mutual agreement, and if so must be returned in the same order in which you received them. Product must be returned within 7 days and any charges will be responsibility of the purchaser.
10. Our rights to refuse or cancel your order
10.1 Orders may be declined by us for various reasons. Confirmation emails do not guarantee order acceptance, which occurs on confirmation of dispatch.
10.2 Orders may be cancelled by us after dispatch if delivery is not able to be completed for any reason and the products are returned to us.
11. Queries or complaints
11.1 Queries about orders or products can be addressed through our website or email.
11.2 If you would like to raise a complaint, please contact us through email.
12. Limitation of liability
12.1 Nothing in these Terms negates or constrains any rights you may have under the law that cannot be excluded. This includes any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
12.2 Except to the extent that the law prevents us from doing so, we exclude all warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
12.3 To the maximum extent permitted by law, we will not be liable for any loss or damage or liability of any kind whatsoever (including any indirect or consequential loss), whether suffered or incurred by you or another person, and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from your use of any products or your inability to use any products.
13. Force majeure
14.1 We will not be liable for any failure or delay in complying with any obligation imposed on us under these Terms (including relating to delivery of the products) if the failure or delay arises directly or indirectly from a cause reasonably beyond our control.
14. Customer responsibility for preparation
14.1 Heating Hub emphasises that although we will ensure the correct product is purchased, it is ultimately your sole responsibility to ensure you have purchased the correct product. This includes, but is not limited to, assessing and managing whether the product actually meets your requirements.
14.2 Heating Hub explicitly disclaims any responsibility for any associated costs and risks of the product not meeting your requirements. We of course will ensure the correct decision is made regarding the correct fire for your use. The onus is entirely on you to make informed decisions and preparations.
15. Other important terms
15.1 No failure or delay by us to exercise (in whole or in part) any right, power or remedy under these Terms will operate as a waiver of that right, power or remedy.
15.2 We may change these Terms at any time, but any changes won’t impact existing orders.
15.3 New Zealand law governs these Terms. The New Zealand courts will have non-exclusive jurisdiction in respect of any dispute or proceeding arising out of these Terms.
