STANDARD TERMS AND CONDITIONS
1. General & Acceptance
By placing an order or purchasing a BlackGem barbecue plancha ("Product") via this website, you ("Customer", "you") agree to be bound by these Terms and Conditions ("Terms"). These Terms govern all sales by BlackGem ("we", "us", "our") and supersede any prior agreements or representations.
2. Orders and Pricing
All prices are displayed in New Zealand Dollars (NZD) and include GST unless stated otherwise.
We reserve the right to accept, refuse, or cancel any order for any reason at our sole discretion prior to delivery.
Prices and specifications are subject to change without prior notice.
3. Delivery and Risk of Loss
Delivery timelines provided at checkout are estimates only. We are not liable for any delays caused by third-party freight providers or circumstances beyond our control.
Risk Transferred: Title and risk of loss or damage to the Product pass to you immediately upon dispatch from our premises or upon collection by the carrier.
4. Proper Use and Safety Warnings
High-Temperature Appliance:
The BlackGem plancha is a high-heat outdoor cooking appliance. It must be operated strictly in accordance with the provided user manual and safety guidelines.
Customer Obligations:
You agree to:
Operate the Product outdoors only in well-ventilated areas.
Keep the appliance clear of combustible materials, children, pets, and flammable substances.
Ensure proper anchorage of the barbecue plancha into the ground and surface maintenance (e.g., proper seasoning and oil application) prior to and during each use.
Never leave the Product unattended while in operation or hot.
5. Limitation of Liability and Indemnity
Use at Own Risk:
To the maximum extent permitted by New Zealand law, you assume all risk and liability arising from the installation, handling, storage, operation, or misuse of the Product.
Exclusion of Damages:
We shall not be liable for any personal injury, death, property damage, fire damage, loss of profits, indirect, incidental, or consequential damages resulting from the use, inability to use, or improper maintenance of the Product.
Liability Cap:
In any event where liability cannot be lawfully excluded, our total aggregate liability to you for any claim (whether in contract, tort including negligence, or otherwise) is strictly limited to the total amount paid by you for the Product.
Indemnification:
You agree to indemnify, defend, and hold harmless BlackGem, its directors, employees, agents, and suppliers against all claims, liabilities, damages, costs, or expenses (including legal fees) arising out of your misuse of the Product, failure to follow safety guidelines, or breach of these Terms.
6. Statutory Warranties (Consumer Guarantees Act 1993)
Consumer Use:
Nothing in these Terms limits your statutory rights under the New Zealand Consumer Guarantees Act 1993 (CGA) or Fair Trading Act 1986, except as permitted by law.
Business Acquisition:
If you are acquiring or hold yourself out as acquiring the Product for the purposes of a business, trade, or commercial operation, you agree that the guarantees provided under the Consumer Guarantees Act 1993 do not apply.
7. Returns, Refunds, and Modifications
Except as required by New Zealand law or explicitly agreed by us in writing, all sales are final. Unauthorised returns will not be accepted.
Any unauthorized modification, repair, alteration, or use of non-approved accessories or gas fittings immediately voids all warranties and relieves us of any liability for resulting damages or injuries.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand.