Terms of service

Terms and conditions for goods sold by Kitchenly

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Kitchenly and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from "WEBSITE". By placing an order for Goods from Kitchenly you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

Definitions

In these Terms and Conditions:

• “Account” means a personal account created by you on the Website;

• “Delivery Charge” has the meaning given in Section 3.3;

• “Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;

• “Order” means an order for Goods, placed on the Website;

• “Password” means the password needed to access your Account;

• “Pre-Orders” means an Order placed for a product prior to the official release date of that product;

• “Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age;

• “Selected Delivery Option” has the meaning given in Section 9.7; and

• “Website” means "WEBSITE".

Your legal rights

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Kitchenly represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

Pricing & taxes

3.1 Prices for Goods are as shown on the Website.

3.2 Kitchenly reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Kitchenly.

3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

3.4 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge.

3.5 All prices and Delivery Charges, Additional Delivery Charges quoted are in Australian dollars and are inclusive of GST.

Your Account

4.1 If you do not already have an Account you will need to create one before placing an Order, unless you utilise the “Guest Checkout” feature of the Website.

4.2 You may not set up an Account for someone else.

4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Kitchenly that all information provided by you in relation to your Account is complete, true and accurate.

4.4 You must notify Kitchenly immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Kitchenly will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Kitchenly, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.6 If Kitchenly suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Kitchenly then you must pay Kitchenly the amount of that loss, damage, cost or expense if Kitchenly asks you to.

Orders

5.1 You can place an Order by following the instructions on the relevant Kitchenly website.

5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and Delivery Charge. Kitchenly may accept or reject your offer in its absolute discretion. In particular, but without limitation, Kitchenly may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact "EMAIL".

5.3 Each Order that you place will, if accepted by Kitchenly, be a separate and binding agreement between you and Kitchenly with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Kitchenly with their personal information and, by placing an Order, you confirm to Kitchenly that you have done this.

5.5 Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to Kitchenly that you are:

(a) 18 years of age or older, where you Order products that are classified;

When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.

5.6 Please ensure that you enter all information carefully when placing an Order. You warrant to Kitchenly that all information provided by you in relation to each Order is complete, true and accurate.

5.7 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Kitchenly. Kitchenly will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

5.8 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Kitchenly will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Kitchenly, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.9 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge will apply to each Order. Kitchenly cannot consolidate separate Orders into one delivery.

5.10 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types; or where the Goods have different availability status.

5.11 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

5.12 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

5.13 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Kitchenly will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

After you have submitted an order/payment

6.1 When you submit an Order you will receive an Order reference number via e-mail.

6.2 Kitchenly will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by Kitchenly when Kitchenly does this, however, Kitchenly may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Kitchenly cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1.

6.3 When Kitchenly accepts an Order it represents an agreement by Kitchenly to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.4 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account, AfterPay or by Kitchenly Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, Kitchenly may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise Kitchenly to deduct the price and the applicable delivery charge(s) from such card.

6.5 Kitchenly reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.6 Kitchenly may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Kitchenly reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

6.7 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

Cancellation of Orders

7.1 Kitchenly reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Kitchenly may do this for example, but without limitation, where:

(a) Kitchenly’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond Kitchenly’s control, such as storm, fire, flood or failure of computer systems, means that Kitchenly is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) you ask Kitchenly to cancel your Order in accordance with section 5.8; or

7.2 You may cancel your Order where Kitchenly:

(a) has breached a material term of this Agreement;

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside Kitchenly’s control including the situations set out in Sections 7.1(a) and (b) above.

7.3 Where Kitchenly cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

7.4 In the event of Kitchenly or you cancelling your Order after payment has been processed, Kitchenly will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.

7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Kitchenly will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Availability of Goods

8.1 As Kitchenly is dependent upon its Suppliers to provide stock, Kitchenly cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Kitchenly reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Kitchenly will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Delivery

9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

9.2 Goods will generally only be delivered to addresses within Australia. Kitchenly is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order through the website. Kitchenly may, in its absolute discretion, agree to accept Orders for products for delivery outside Australia but is under no obligation to do so.

9.3 Where requested, Kitchenly will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Kitchenly will call you to arrange an alternative delivery address.

9.4 Following dispatch of your Goods, Kitchenly will email you with confirmation of dispatch and an invoice for your Order.

9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) take your Goods to a Kitchenly-nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or

(c) re-deliver your Goods to your delivery address at a later date.

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.

9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Kitchenly will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

9.7 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. Kitchenly will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.

Promotional Codes & Special Offers

10.1 All promotional offers are subject to Kitchenly Terms and Conditions, Delivery and Returns.

10.2 Promotional periods, minimum order value, and maximum discounts for promotional codes and special offers can be found under ‘Promotion Conditions’. All start/end times published are as at the applicable local time for Sydney, NSW, Australia.

10.3 All promotional codes and special offers are not redeemable for cash, cannot be used to purchase gift cards, cannot be redeemed against a prior purchases, are non-transferable, and do not apply to Kitchenly Trade and Commercial Program customers.

10.4 If more than one special offer is applicable to your basket, then the lower amount will be applied. Only one promotional code or special offer can be applied per transaction.

10.5 Minimum order value must be met in a single checkout transaction to be applicable. Shipping and purchase protection are not included in minimum order values (where applicable) required to receive a promotional discount.

10.6 All promotional offers may be withdrawn or extended at any time during the promotional period at the sole discretion of Kitchenly.

10.7 Kitchenly reserves the right to verify the validity of any order and may at its sole discretion cancel orders or refuse to fulfil orders where the promotional offer has been claimed by a non-qualifying customer or member.

Promotional Codes

11.1 The below conditions apply to all promotional codes provided by Kitchenly, unless otherwise specified under individual promotional code information. Individual promotional code information can be found under ‘Promotion Conditions’.

11.2 Promotional codes apply to visitors of "WEBSITE" during the promotional periods only where the minimum order value is reached. Promotional codes must be entered at cart checkout into the ‘Use code’ field.

Special Offers

12.1 The below conditions apply to all special offers provided by Kitchenly, unless otherwise specified under individual special offer information. Individual special offer information can be found under ‘Promotion Conditions’.

12.2 Special offers apply to visitors of "WEBSITE" during the promotional periods, only where the requirements are met under the individual offer. Discounts are automatically applied to your cart at checkout.

Delay in availability or delivery of Goods

13.1 You agree and acknowledge that:

(a) Kitchenly does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 9.7 – 9.8 or 10.3 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by Kitchenly or any of its staff;

(b) stock availability and events outside Kitchenly’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store;

(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Kitchenly nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you.

Gift Cards

14.1 Kitchenly Gift Cards (Gift Cards) entitle the holder to goods/services equal to the value stated on the Gift Card or remaining after partial redemption.

14.2 Gift Cards are only redeemable within any Kitchenly Store in Australia and the online retail store "WEBSITE".

14.3 Gift Cards may not be exchanged (wholly or partly) for cash.

12.4 The value shown on a Gift Card includes GST.

14.5 Gift Cards are partially redeemable and any unused balance will remain on the Gift Card and cannot be redeemed for cash.

14.6 If the Gift Card holder’s order exceeds the amount of the Gift Card, the Gift Card holder will be required to pay for the difference in price between the value of the Gift Card and the retail price of the goods or services.

14.7 All Gift Cards sold at Kitchenly or at third party locations do not expire. Gift Cards can be redeemed at any time even if a Gift Card specifies an expiry date.

14.8 Should Kitchenly suspect any fraud relating to a Gift Card, Kitchenly may refuse to redeem the Gift Card until Kitchenly is satisfied that no fraud has occurred.

14.9 Kitchenly is not liable for any lost/stolen Gift Cards. Please contact a Kitchenly store immediately if your Gift Card has been lost/stolen. Lost/stolen Gift Cards can only be replaced if satisfactory proof of purchase is provided and the Gift Card has not been redeemed.

Refunds of your money

15.1 Where Kitchenly is obliged to refund your payment pursuant to these Terms and Conditions, Kitchenly aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Sydney time). Please note that where Goods have been purchased using a Kitchenly gift card, the applicable refund will be processed back onto the Kitchenly gift card. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if Kitchenly is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

15.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Kitchenly will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Returns/faulty or damaged goods

16.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.

16.2 If you have a problem with any Goods or otherwise wish to return them please refer to Kitchenly’s Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any Kitchenly store, you can also contact us.

16.3 When returning Goods:

(a) please provide Kitchenly with your proof of purchase;

(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.

Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

16.4 You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

More information about Kitchenly’s liability to you

17.1 To the full extent permitted at law, Kitchenly is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

Privacy

18.1 Kitchenly’s policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.

Additional Terms and Conditions

19.1 Your use of the Website is governed by the Website Terms of Use.

19.2 Additional terms and conditions apply to delivery of items and large products which Kitchenly classifies as big and bulky. See Kitchenly Delivery Terms & Conditions.

General

20.1 Kitchenly reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

20.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

20.3 These Terms and Conditions are governed by the laws of New South Wales, Australia.

21. Pricing and Typographical Errors