You must read these Terms and Conditions carefully before submitting Your Miele for Life (M4L) membership application. These Terms and Conditions contain important information, including limitations of liability.1. Introduction
1.1 This document sets out the Terms and Conditions of the M4L programme provided by Miele New Zealand Limited, CRN 462940 (Miele). These Terms and Conditions are intended to protect You and Miele.
1.2 These Terms and Conditions will apply to You (the Member) on successful activation of Your Membership by Miele on receipt of Your M4L membership application.
Affiliates means a business affiliate with the M4L programme, as advised by Miele from time to time.
Application means the application form required to be completed by You to become a Member, whether the form is a physical form or online or via a check box at point of purchase.
Benefits means the services, products, discounts, offers, activities and events or arrangements offered or available to Members from time to time through, or in conjunction with, the M4L programme.
Eligible transactions means:
Household means a single New Zealand residential address.
Member or Membership means a member of the M4L programme.
Miele means Miele New Zealand Limited (CRN 62940) (NZBN 9429039241191) of Level 2, 10 College Hill, Freemans Bay, Auckland 1011, New Zealand.
Miele Charted Agent means retail partners that stock Miele products.
Miele for Life means the programme called “Miele for Life” operated by Miele in which Members receive exclusive benefits.
Privacy Charter means the privacy charter published on the Miele website (www.miele.co.nz)
Terms and Conditions means these programme terms and conditions, as amended from time to time.
Terms and Conditions of Sale means the terms and conditions of sale published on the Miele website (www.miele.co.nz)
You or Your is a reference to the individual in whose name the M4L Membership is held.
3.1 Participation in the M4L programme is open to individuals who are existing Miele domestic customers with a New Zealand residential address. Business associates, affiliates, Miele agents and their employees and Miele employees and their immediate families are not eligible to join the M4L programme.
3.2 Membership is limited to one membership per household.
3.3 The Terms and Conditions will be binding on You once Miele activates Your membership. Activation occurs immediately at point of sale, upon acceptance of terms and conditions online or once a mailed response is processed.
3.4 Miele may accept or reject any membership application at its sole discretion.
3.5 All Members will be assigned a Membership number. This number will be used for identification purposes and will appear on Your Membership card.
3.6 No Membership fees apply.
3.7 Membership Card: One Member card per household will be issued. The Member card is for identification purposes only and does not contribute to any cumulative points or rewards system.
4. Benefits of Membership
4.1 The current features and benefits of the M4L programme are described at www.miele.co.nz
4.2 If Miele makes available a special M4L promotion, Miele will specify this, by notices via mail (post or electronic). Terms and conditions specific to that promotion may include such details relating (but not limited to); the eligible purchases; the period during which an eligible purchase must be made for it to be the subject of the special promotion; redemption locations and processes and the length of the special promotion term.
Dedicated Member Support: This is a specific phone number created solely for M4L Members to contact Miele as a priority. Call wait times will vary. This phone number is available strictly to Members and appears on the Membership card.
4.3 M4L benefits cannot be used in conjunction with any other promotional offers made by Miele.
4.4 Member benefits will only be made available to M4L Members. Miele reserves the right to select particular M4L Members to receive particular M4L benefits based on factors such as Member preferences, relevance and the Member's past purchase history.
4.5 All benefits are subject to the Miele Terms and Conditions of Sale, available at www.miele.co.nz.
4.6 All M4L benefits are subject to availability.
4.7 All conditions and warranties, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied under the M4L programme (Warranties), other than those implied by statute, are excluded to the extent permitted by law. All Warranties implied by statute are excluded to the extent expressly permitted by statute. Any liability Miele may have to a Member under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again or repairing, or paying the costs of repairing, the goods, at Miele’s option.
5.1 Please note that the information You provide is “personal information” pursuant to the Privacy Act 1993 (NZ) (the Act). By submitting Your M4L membership application You agree to the collection, use and disclosure of Your personal information in accordance with the Miele Privacy Charter located on the Miele website (www.miele.co.nz), as amended from time to time.
5.2 Subject to clause 5.1, Miele may send You benefits in conjunction with other suppliers, or from partners of affiliates of Miele.
6. Miele For Life Program Changes
6.1 Miele may at any time make any changes to the Terms and Conditions, rewards or benefits under the M4L programme at its sole discretion.
6.2 Miele is not obliged to provide advanced notice.
7. Termination and Transfer
7.1 M4L Membership is non-transferable.
7.2 Miele may at its discretion, terminate the participation by You in the M4L programme.
7.3 Where Miele intends to terminate Your M4L Membership, Miele will attempt to provide You with written notice of such termination (except in the case of death). Termination of Membership by M4L is effective without notice.
7.4 You may terminate Your participation in the M4L programme at any time by giving Miele notice:
a) by writing to Miele New Zealand Limited at Level 2, 10 College Hill, Freemans Bay, Auckland 1011;
b) by calling Miele Customer Service on 0800 464 353; or
c) by emailing firstname.lastname@example.org
7.5 On receiving notification of termination from You, Your M4L Membership will be closed. You will cease to receive any M4L rewards and benefits.
8. General Information
8.1 Nothing in the Terms and Conditions is intended to exclude, restrict or modify any consumer rights You may have under the Consumer Guarantees Act 1993 (NZ) or any other legislation which may not be excluded, restricted or modified by agreement.
8.2 You are solely responsible for any government tax, duty or other charges imposed by law in any country in respect of the M4L programme, Your participation in the M4L programme or any other transaction within the M4L programme.
8.3 Any failure or delay by Miele in exercising its rights under these Terms and Conditions does not constitute a waiver of these rights. Any waiver by Miele must be in writing and signed by an authorised officer of Miele.
8.4 To the extent of the law, Miele does not accept any liability, including any negligent acts or omissions, with respect to:
a) the breach of any of the Terms and Conditions or any term implied by the law (including statute) by any person other than Miele;
b) changes to the M4L benefits and promotions;
c) any loss or damage arising from a M4L reward or benefit;
d) the loss, theft or destruction of a M4L reward or benefit; or
e) any failure, delay or inability to provide a M4L benefit to You caused by circumstances beyond its control, including strikes or industrial disputes, acts of God, flood, weather, war or civil disturbance.
8.5 Where Miele gives You notice by post, You agree that, unless otherwise stated in the Terms and Conditions, the notice is deemed to have been given to You:
a) on the date of actual receipt of the notice; or
b) the date it would have been delivered in the ordinary course of post
whichever occurs first, provided it is sent to the last known address Miele has for You in connection with the M4L programme.8.6 You must advise Miele of any change of name, address, email or other details as soon as practicable after the change. Miele is not responsible for any failure by You to notify Miele of the change which may result in the loss of receiving M4L rewards and benefits, Miele may require acceptable proof in relation to any change of details. Changes can be made:
a) by writing to Miele New Zealand Limited at Level 2, 10 College Hill, Freemans Bay, Auckland 1011
b) by calling Miele Customer Service on 0800 464 353
c) by emailing email@example.com
Terms and conditions effective from July 2018