Website Terms and Conditions

These terms are issued by Kiwi Energy Solutions (KESOL) and are effective from February 2014. They cover the use of our website www.kiwienergysolutions.co.nz (Site) and apply to you when you use the Site.

‘Using’ includes visiting the Site, making purchases through the Site, participating in promotions advertised on the Site, using or dealing with any Site content, and providing information through the Site.

Please read these terms carefully - if you need to refer to them again they can be accessed from the link at the bottom of any page of the Site. By using the Site, you are deemed to have accepted these terms and conditions.

About Us

The Site is owned and operated by KESOL. You can contact us on:

Phone: 0800 555 107
Email: enquiries@kiwienergysolutions.co.nz

If you wish to contact us outside office hours, please do so via email and we will respond to all queries on our return.

1. 1.     Ordering goods and services

When you place an order with us, you are making an offer to buy goods or services. An order is placed on the Site by adding a product to the shopping cart and proceeding through our checkout process. The checkout process includes giving us delivery and any other relevant details for your order. The final step consists of a confirmation page with full details of your order, which you are able to print as a receipt of your order.

By submitting an order, you confirm that you have read and agree to our standard Terms and Conditions for product purchases, which apply in addition to these website terms and conditions.

We will send you an e-mail to confirm that we have received and accepted your order, which indicates that your order has been accepted and you may not cancel it. We will deduct payment from your credit card when we accept your order.

By placing an order, you warrant that all the details you provide are correct and that you are authorized to use the credit card you use to make the order.

1. 2.     Refusing or cancelling orders

In the unlikely event that the goods or services ordered are no longer available, or if there has been a typographical price error, we reserve the right to refuse or cancel an order.

We reserve the right to refuse or cancel any orders that we believe, solely in our discretion, have been placed for any reason other than ordinary use in a home or business, e.g. if we have reason to believe that you are any kind of re seller. We also reserve the right to refuse or cancel any orders that we believe, solely in our discretion, have been placed fraudulently.

While we endeavor to ensure that the price and description of goods or services is accurate, if there is an error in the process of listing a product or service on our website or a technical error in the processing of your order we reserve the right to refuse or cancel the order.

Our right to cancel orders applies to orders that have been accepted.

If an order is cancelled, we will refund any amount you have paid so far.

1. 3.     Payment options

We currently accept Visa and MasterCard. We also accept online banking and cash.

1. 4.     Pricing

All prices listed on the Site are in New Zealand dollars and are inclusive of GST. Please note that we reserve the right to alter prices on the Site at any time for any reason (although a change to a product’s price will not apply to you if you already have a confirmed sales order with us for that product). The advertised online price may differ from the price offered to you if you contact us directly.

1. 5.     Products and Installation

Once your order is confirmed, we will contact you to make an appointment for a home assessment, product installation or service, as required.

If, during your home assessment, we find that the product you have ordered is unsuitable for your home, we will recommend an alternative product if available. If the price of this alternative product is different from the price you have paid, you have the option to either pay the additional amount or receive a full refund for the original product purchased.

Where the purchase price includes installation of the product, we will use all reasonable endeavors to notify you of any additional costs (such as, without limitation, travel costs) incurred over and above the standard charges for such an installation. You must pay for these costs. If you do not agree to pay those costs, you will have the right to cancel your order and receive a full refund.

If you are not home when we arrive for a pre-arranged appointment, you must reimburse us for all travel costs.

1. 6.     Website and Credit Card Security

We want you to have a safe and secure shopping experience online. All payments via our sites are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy.

You can help to protect your details from unauthorized access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer. You must maintain the confidentiality of any details used to access the Site, and indemnify us for any claims arising from your failure to keep these details confidential through negligence or reckless acts or omissions.

You are solely responsible for any unauthorized activity that occurs on your account through your negligence or recklessness. You must alert us as soon as you become aware of any unauthorized activity occurring on your account.

For security purposes certain transactions may require proof of identification.

1. 7.     Delivery and Charges

At this time, we only deliver to New Zealand addresses. We do not deliver to Post Office boxes.

Please note that a signature is required for all deliveries. The goods become the recipient’s property and responsibility once they have been paid for in full. If goods are lost or damaged in transit, please contact us within 7 business days. We will use this delivery information to make a claim against our courier company. We will offer you the choice of a replacement or a full refund, once we have satisfied ourselves that delivery was not successful.

1. 8.     Accessing our service

Other than connecting to the Site by HTTP requests using a web browser, you may not gain access to KESOL website servers. You agree not to disrupt, modify or interfere with the Site or its associated software, hardware and servers in any way. You also agree not to modify any content or service on the Site. Furthermore, you agree not to use the Site in any inappropriate or unlawful way.

1. 9.     Personal Information and Privacy

We may collect personal information about you when you use and access the Site and/or our products and services. We are committed to protecting the information we collect and use and complying with our obligations under the Privacy Act 1993. These terms are subject to our Privacy Policy, which governs the use of your personal information.  By using our Site and/or services you agree and consent to the collection, use, storage, disclosure and distribution of your information in accordance with our Privacy Policy.

1. 10.   Intellectual Property

KESOL, its suppliers, advertisers or third party providers, own all copyright and other intellectual property in the Site. Everything on the Site is protected by copyright.

KESOL welcomes the use of the Site for personal use, non-commercial use, research or study - provided that you acknowledge all copyright and other notices contained in the content.

We advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of the Site without the express permission of KESOL or the owner of the relevant intellectual property right.

1. 11.   Links

Please note that although the Site has some hyperlinks to other third party websites, these sites have not been prepared by KESOL and are not under the control of KESOL. The links are only provided as a convenience, and do not imply that KESOL endorses, checks, or approves of the third party site. KESOL is not responsible for the privacy principles or content of these third party sites and accepts no liability for any loss incurred by your use of these sites. KESOL is not responsible for the availability of any of these links.

KESOL requires that you request our permission to include a link from another site to the Site. If you would like to request permission, please email us at enquiries@kesol.co.nz.

1. 12.   Disclaimer

The Site is intended to provide information for people shopping our products and accessing our services, including making purchases via our website and registering on our database to receive e-mails from us.

While we endeavor to supply accurate information on the Site, errors and omissions may occur. KESOL does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on the Site. You are solely responsible for the actions you take in reliance on the content on, or accessed, through the Site.

We recommend that you view the Site in full screen format. KESOL is not responsible for any misinformation arising from viewing the Site in any other format.

The inclusion of any email addresses on the Site does not amount to consent to receiving unsolicited commercial electronic messages or SPAM.

To the extent permitted by New Zealand law, KESOL makes no warranties in relation to the merchant ability, fitness for purpose, freedom from computer virus, accuracy or availability of the Site or any other web site. While we will use all reasonable endeavors to keep the Site free of viruses and malware, we do not accept and liability for loss or damage caused by viruses that may be transmitted to your computer by using the Site.

1. 13.   Indemnity

You agree to indemnify us for the cost of any claims arising from your unauthorized use of the Site, including the use of any intellectual property contained in the Site.

1. 14.   Jurisdiction and guarantees

This website is governed by, and is to be interpreted in accordance with, the laws of New Zealand.

Nothing in these Terms and Conditions affect your consumer rights under any statute.

Where you are ‘in trade’ (within the meaning of the Consumer Guarantees Act 1993 - CGA), each of us confirms, acknowledges and agrees that:

(a)   we are each ‘in trade’;

(b)   the Goods and Services are supplied to you and acquired by you in trade and for a business purpose; and

(c)    the statutory guarantees and implied terms, covenants and conditions contained in the CGA are excluded to the fullest extent permitted at law, and do not apply.

1. 15.   Changes to this Agreement

KESOL reserves the right to alter, modify or update these terms of use at any time before you enter into a binding sales order. Please do not assume that the same terms will apply to future orders.