Grundfos New Zealand Online Selling Policy

 

PURPOSE

Grundfos recognises that the Internet is increasingly able to connect traders with customers across the world to expand their selling options.

We want to support you in your online sales of Grundfos products, whilst ensuring that interactions and benefits for the end user are maintained, to maintain the brand integrity of Grundfos and your business.

To facilitate this, we have set in place this online selling policy, which we believe will provide transparency for online sellers of Grundfos product, and their customers.

 

DEFINITIONS

Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010.

Buyer means a person or organisation who buys Grundfos Product from an Online Seller online via a Dealer/ Onseller website or Merchant Shopping Site.

Grundfos means Grundfos Pumps Australia Pty Ltd ABN 90 007 920 765 of 515 South Road, Regency Park, South Australia 5010.

Grundfos Authorised Dealer means a Grundfos account holder who purchases Grundfos Products with the aim to further re-sell them to Buyers.

Grundfos Terms and Conditions of Sale apply to all sales of Grundfos Products by Grundfos and are available at here.

Merchant Shopping Site is a form of electronic commerce (eCommerce), including sites such as eBay, Gumtree etc., which allows Buyers to buy goods or services from a seller over the Internet using a web page.

Online Seller means a Grundfos Authorised Dealer or Onseller involved in online sales of Grundfos product in Australia via a Dealer/Onseller’s website with eCommerce capabilities or via a Merchant Shopping Site.

Onseller means a person or organisation who buys Grundfos Product from Grundfos Authorised Dealers or other legitimate sellers with the aim to further re-sell them to Buyers.

Grundfos Brand is characterised by the Grundfos logo, which is a unique design, sign, symbol, words, or a combination of these, employed in creating an image that identifies a Grundfos Product and differentiates it from its competitors.

Grundfos Goodwill is the established reputation of the Grundfos business regarded as a quantifiable asset and calculated as part of its value.

Grundfos Product means a product manufactured or first supplied in Australia by Grundfos.

Limited manufacturer’s warranty is a warranty provided by Grundfos for all Grundfos Products sold by Grundfos in Australia as defined here.

Privacy Act means the Privacy Act 1988 (Cth) with all incorporated amendments, which regulates the storage and use of personal information.

 

GRUNDFOS ONLINE SELLING POLICY

This Grundfos Online Selling Policy (the Policy) aims to protect Grundfos Brand and Grundfos Goodwill and applies to any Grundfos Authorised Dealers and Onsellers making sales of Grundfos Product online.

• All Online Sellers of Grundfos Products must clearly state their business name, trading name (if applicable), ABN or ACN, business address and contact phone number(s), which distinguish them from Grundfos. Authorised Grundfos Dealers must also provide the contact details for their sales and technical assistance contacts / departments.

• Online Sellers of Grundfos Products must not make claims on behalf of, or with the aim to represent, Grundfos.

• Online Sellers of Grundfos Products must explicitly state that a Grundfos Product on offer is new, comes in its original packaging with full manufacturer’s manuals and is subject to limited manufacturer’s warranty and consumer guarantees as per the Australian Consumer Law. If the product is not new or not in its original packaging, this must be unambiguously highlighted for potential Buyer. Refer to ‘Consumer guarantees - A GUIDE FOR BUSINESSES AND LEGAL PRACTITIONERS’ for more information.

• Online Sellers of Grundfos Products must explicitly state the limited manufacturer’s warranty conditions and the process through which to initiate the warranty process. An Online Seller shall always be indicated as a point of initial contact for Buyers. Further management of warranty cases between the Grundfos Authorised Dealer and Grundfos will be as per Grundfos Terms and Conditions of Sale, and between the Onseller and Grundfos as set out in applicable law.

• Online Sellers of Grundfos Products acknowledge that any warranty given by the Online Seller to the Buyers in relation to Grundfos Product (other than limited manufacturer’s warranty provided by Grundfos) is not Grundfos warranty and is the full responsibility of the Online Seller. Grundfos will not accept claims under any such warranty and will not be liable to the Online Seller or any third party with respect to any such warranty.   
  

• All Online Sellers of Grundfos Product must always provide a proof of transaction to the Buyer, and also provide a receipt for any transaction upon request from the Buyer. Refer to ‘Sales Practices – A GUIDE FOR BUSINESSES AND LEGAL PRACTITIONERS’ for more information.

• Online Sellers of Grundfos Products must clearly state their delivery promise with respect to Grundfos Products on offer. Grundfos does not do direct deliveries. An Online Seller is solely and fully responsible for delivery of Grundfos Product sold online to the Buyer.

• Online Sellers of Grundfos Products must clearly state the price, including applicable taxes & fees as to not be misleading to consumers consistent with the Australian Consumer Law and other relevant legislation.

• Online Sellers of Grundfos Products must clearly state arrangements for payment and Buyer’s right of cancellation/return/refund consistent with the Australian Consumer Law. 

• Online Sellers of Grundfos Products must clearly state their own contact details in regards to their own returns policy and for selection and technical enquiries with respect to Grundfos Products on offer. Grundfos will not accept any returns direct from consumers who have purchased Grundfos Products through an Online Seller. An Online Seller is solely and fully responsible for managing all return arrangements, including warranty and refund, with the Buyer.

• Online Sellers of Grundfos Products must respect their audience and agree to not partake in any online behaviour that may reflect poorly on Grundfos Products, Grundfos Brand, or Grundfos Goodwill (e.g. defamatory language / harassing content etc.).

• We strongly suggest that Online Sellers of Grundfos Products have their own Privacy Policy in place consistent with Privacy Act and manage data collected via their website in a responsible way. Grundfos is not responsible for any breach of confidentiality or other violation of Privacy Act with respect to data collected and processed by Online Sellers.

• Online Sellers of Grundfos Products must ensure that any product claim or description made online with respect to Grundfos Products on offer match with the product being sold. They must not engage in any false or misleading representations. It is Online Seller’s responsibility to ensure the correctness of information being provided to Buyers. Refer to ‘Avoiding unfair business practices – A GUIDE FOR BUSINESSES AND LEGAL PRACTITIONERS’ for more information.
• It is suggested that product images are used along with the disclaimer that ‘images are for illustrative purposes only’.

• A signed Trademark License Agreement must be in place for the Grundfos Authorised Dealers in order for them to be allowed to use Grundfos name, logo or trademark. It is the responsibility of the Grundfos Authorised Dealer to ensure that any use of the Grundfos name, logo or trademark is in compliance with Grundfos Branding Guidelines.

• Online Sellers who are not Grundfos Authorised Dealers cannot use the Grundfos logo or trademark along with the image of Grundfos product unless it is an indispensable part of a product image.

• Online Sellers of Grundfos Products must stipulate to the Buyer that installation must be as per installation and operating manuals provided with the product, subject to manufacturer’s warranty being null and void if otherwise.

• Online Sellers must explicitly stipulate where a Grundfos Product is required to be installed by a licensed tradesperson as per applicable legislation, and be clear that failure to do so breaches manufacturer’s warranty and may result in injury and/or death, may jeopardise applicable insurance policies or may be in breach of the relevant law.

Online Sellers should insistently recommend that Buyers check with their local authorities in regards to any specific regulations regarding licensing requirements for Plumbing or
Electrical work.

Further information for Plumbing & Electrical licensing is available at:

State or Territory	Plumbing Licensing Information	Electrical Licensing Information
NSW	www.fairtrading.nsw.gov.au	www.fairtrading.nsw.gov.au
ACT	www.actpla.act.gov.au	www.actpla.act.gov.au
QLD	www.qbcc.qld.gov.au	www.worksafe.qld.gov.au
VIC	www.vba.vic.gov.au/	www.esv.vic.gov.au
WA	www.commerce.wa.gov.au	www.commerce.wa.gov.au
SA	www.sa.gov.au	www.sa.gov.au
NT	www.plumberslicensing.nt.gov.au	www.nt.gov.au
TAS	www.justice.tas.gov.au	www.justice.tas.gov.au

 

• Online Sellers must unambiguously explain to their Buyers what a 'duty point' is insofar as it relates to Grundfos Products and how it impacts product performance. Where it is not practical or possible for the Buyer to correctly select a suitable pump for their requirement, or where the Buyer cannot be adequately and simply guided to make a correct selection, the Online Seller must take the sale ‘offline’ to provide the greatest chance of the product meeting the needs of the customer and being fit for communicated purpose. Grundfos in no case guarantees that the product is fit for disclosed purpose, and under no circumstances can be held responsible for an a pumps unsuitable selection, even if Grundfos has provided advice upon Online Seller’s request.

 

POLICY ENFORCEMENT AND MONITORING

Grundfos requests all Grundfos Authorised Dealers and Onsellers to comply with the guidelines stated in the Policy above if they are engaging in the online selling of Grundfos Products.

Grundfos reserves the right to monitor the compliance of any online sale to the aforementioned Policy requirements.

Concerned parties are advised to report any detected breaches of the Policy to marketing-au@grundfos.com

 Reported breaches must be provided with a URL link to the website in question, screenshots (where appropriate) noting date and time of screenshot and a description of the suspected breach.

Where a breach is found or reported, a member of Grundfos Marketing Team will ascertain whether the Online Seller is associated with an account holding Authorised Grundfos Dealer.

If the Online Seller is associated with an account held by an Authorised Grundfos Dealer, a Grundfos representative will contact the offending party and request they bring their online sale practice in line with this Policy within three business days, after which time, further action will be taken at the discretion of Grundfos as per Grundfos Terms and Conditions of
Sale and applicable law. Such action includes suspension of all rebates, including settlement discount (where applicable), which will only be reinstated when the Online Seller complies with the Online Selling Policy in full. Repeat breaches of policy may result in trading account suspension.

If the Online Seller is found not to have an association with an account holding by an Authorised Grundfos Dealer, a Grundfos representative will attempt to contact the offending online party via email and/or telephone and request them to either bring their online sale practice in line with Grundfos Online Selling Policy or remove Grundfos name, Grundfos trademark or Grundfos logo from their website. Grundfos reserve the right to pursue legal action should any ‘non-authorised’ Online Seller continues to portray themselves as an Authorised Grundfos Dealer or authorised seller of Grundfos products, or continues to use Grundfos name, Grundfos trademark or Grundfos logo in connection to their sales.

 

MISCELLANEOUS

This Policy does not, in any way, replace or amend the requirements under the Australian Consumer Law.

This Policy does not cover all aspects of Australian Consumer Law relevant to your business and it remains your responsibility to adhere to all current and applicable laws and regulations.

Where Policy stipulations refer to sections of the Australian Consumer Law, we have provided links for your reference. For more information, refer to the Australian Competition and Consumer Commission website.

Upon request, we can provide help and guidance with respect to Grundfos Branding Guidelines, examples of
suitable wording for contact information, warranty information and stipulations as to installation and operating requirements.

If you have any questions in connection to this Policy, please contact Grundfos at; marketing-au@grundfos.com

We expect you to provide your contact details to be able to assist you with your request. Your personal information will be handled by Grundfos as per Grundfos Privacy Policy.