Terms of service

 

These Terms and Conditions govern the use of ninjakitchen.co.nz (hereinafter "the website") and the purchase of any goods from it. The website is owned and operated by SHARKNINJA NEW ZEALAND LIMITED NZBN: 9429046466167.
GST: The prices of goods listed on this site include a Goods & Services Tax of 15.0%.

Acknowledgment and acceptance of Terms and Conditions

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). SHARKNINJA reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Terms and Conditions of Sale

All contracts for the sale of goods from the Website shall incorporate these Terms and Conditions of Sale (Terms). Neither the performance in whole or in part of the customer's (hereinafter called 'the Buyer') order nor any other conduct on the part of SharkNinja shall be construed as the acceptance by SharkNinja of terms or conditions inconsistent with these Terms. Any variance must be agreed in writing by both parties.

  1. Prices are subject to change. The price of the Good(s) will be as displayed on the Website from time to time and subject to change without notice. Launch and promotional pricing are offered for limited periods only and ends where stipulated. By purchasing Good(s) at launch or promotional pricing, customers acknowledge such pricing is temporary. Price reductions after purchase do not create automatic entitlements to refunds or price adjustments beyond those required under the consumer guarantees regulation. SharkNinja may offer discretionary customer appreciation gestures at its absolute sole discretion, such as, but not limited to, store credit.
  2. Payment, Title and Risk. Full payment of the Good(s) is required before delivery can be arranged. Title of Good(s) passes to you after payment is made. Risk of loss, damage or deterioration to any Good(s) passes on to you upon delivery.
  3. Sale is final. Once your transaction is complete, the price is final and not subject to change, except where there is obvious error. However, SharkNinja reserves the right to pass on to the Buyer any changes in price after acceptance of the Buyers order In exceptional circumstances beyond SharkNinja's control (such as government-imposed tariffs or significant supplier cost increases). In such cases, SharkNinja shall notify you promptly and you shall have the option to proceed with the updated price or cancel your order without penalty.
  4. Change of mind. All sales are final. Good(s) cannot be returned due to change of mind unless agreed upon by SharkNinja, in its absolute sole discretion. When agreed by SharkNinja, Good(s) returned due to change of mind must be unused and in original packaging (unopened, undamaged and unmarked). You are responsible for the cost of the return of Good(s) due to change of mind. SharkNinja recommends you take out insurance or tracking as SharkNinja takes no responsibility for any Good(s) lost in transit. Once the Good(s) are returned and confirmed acceptable by SharkNinja, SharkNinja will process the refund as soon as practicable, usually within 2 weeks, to the card used to purchase the Good(s).
  5. Claim for incorrect orders. Please check the Good(s) as soon as possible after delivery. All claims for incorrect, box damage or short deliveries must be made within 14 days of receipt of Good(s), quoting the relevant order reference. Any claim for incorrect, box damage or short deliveries lodged after this period will be invalid.
  6. Follow-up communications. After purchasing Good(s) from the Website, the Buyer will typically receive a follow-up email notification from SharkNinja, where consent has been given by the Buyer for SharkNinja to do so.
  7. Discount Code. Only ONE discount code is applicable to be entered at the checkout. Discounts cannot be combined and only one offer can be applied to any one order.
  8. Shipping Policy. SharkNinja reserves the right to charge freight on orders under $100. Orders over $100 are excluded from freight charges. Please refer to our Delivery Information for more information on SharkNinja’s shipping policy.
  9. Entire Agreement. These Terms form the entire agreement between you and us in respect of your purchase of Good(s) on the Website and, unless expressly agreed to in writing by SharkNinja no other terms or conditions will be binding on SharkNinja or have any legal effect.
  10. Consumer guarantees. Our Good(s) may come with guarantees that cannot be excluded under the consumer guarantees provision. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
  11. Consumer Guarantees. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, as set out in Consumer Guarantees Act 1993 (or any liability under them) which by law may not be limited or excluded.
  12. SharkNinja’s Rights. SharkNinja reserves the right to refuse supply of the Products ordered by you where there is an error, terminate contract with you or terminate your account on our Website, and to remove or edit content on the Website at SharkNinja’s sole discretion and without incurring any liability to you.
  13. Amendment to Terms. SharkNinja may revise and amend these Terms from time to time by posting them on the Website. You will be subject to the policies and Terms in force at the time that you order Good(s) from SharkNinja, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

SECURITY

Our Security Policy
We want to ensure you can shop online with complete confidence. We take many measures to give absolute security to our customers in dealing with us.

Credit Card Security & Fraud
Our on-line credit card payment system is a dedicated secure encrypted module, using state of the art technology supplied and powered by DPS (www.dps.co.nz) and the HSBC Bank. This is a complete and safe system to use your credit card to pay for your product. Your credit card details are completely safe and cannot be accessed. We chose DPS specifically and have invested in their services for your security and peace of mind when buying by credit card on-line.

The biggest issue with credit card fraud is created by access gained to your credit card details by other means. Your credit card details could be compromised and used to purchase goods without your knowledge. Our agreement with the HSBC Bank provides that they can access and remove refund monies from our account where credit card fraud is alleged. Your bank will usually refund you immediately (less any charges they may have). Our business is a secure one. We do not want you to have any doubts about our reliability and credibility or fear that fraud could happen.

Limitation of Liability
Any liability of SHARKNINJA in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of SHARKNINJA will be limited to the replacement or repair of the goods.

Disclaimer
The information contained on the website is provided by SHARKNINJA in good faith. To the best of SHARKNINJA's knowledge, the information is accurate and current. However, SHARKNINJA and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("SHARKNINJA's Associates") do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, SHARKNINJA disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. SHARKNINJA makes no warranty that this website, any information or ideas contained on this website, or any products or services will meet your requirements. You expressly acknowledge and agree that SHARKNINJA does not control links with this website and SHARKNINJA is therefore not liable for the opinions or behaviour of such links, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", SHARKNINJA will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Copyright
Copyright in the ninjakitchen.co.nz website is property of Ninja Kitchen New Zealand. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Ninja Kitchen New Zealand and third parties. This property may only be used for the purposes of browsing the ninjakitchen.co.nz website and acquiring goods and services of ninjakitchen.co.nz.

Applicable Law
These Terms and Conditions are governed by the laws in force in New Zealand and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand.

Virus Warning
All care is taken to ensure that ninjakitchen.co.nz websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Ninja Kitchen New Zealand and Ninja Kitchen New Zealand's Associates which relate to or are incidental to any transaction. You agree to indemnify and hold Ninja Kitchen New Zealand harmless from and against any and all claims, loss or expense that may be incurred by Ninja Kitchen New Zealand or Ninja Kitchen New Zealand's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Ninja Kitchen New Zealand and Ninja Kitchen New Zealand's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your computer, of any intellectual property or other right of any person or entity.

Discount Codes
Only ONE discount code is applicable to be entered at the checkout. Discounts cannot be combined and only one offer can be applied to any order.

Order Acceptance and Cancellation Policy

SharkNinja reserves the right at any time after receipt of your order to accept or decline your order for any reason (including stock run out), regardless of whether your order has been confirmed or your credit or debit card has been charged or PayPal has been cleared. If your order is declined or cancelled by SharkNinja after the payment for the purchase, SharkNinja will promptly refund your payment to the credit or debit card or method you originally used for the purchase.