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Online Terms and Conditions

These terms and conditions (Terms) are a contract between any person who accesses the Website (You or Your) and Kruger ANZ Pty Ltd ABN 91132340302 Ground Level, 620 High Street, Kew, Victoria 3101 (We, Our or Us). 

Agreement and Definitions

By accessing or using the Website, including associated software, networks and processes, including the purchase of any Product, You agree to these Terms and our Warranty and Returns Policy and Privacy Policy, as updated from time to time. Please read these Terms carefully and cease using the Website if you do not agree to them.

Important note: the Website is designed for consumers in Australia and New Zealand. Because of the nature of the internet, the Website may be accessed overseas. We make no representation and give no assurances that the Website and these Terms comply with the laws of any country outside Australia or New Zealand.

The following definitions apply to these Terms:

1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
2. Order means a request by you to purchase Products from the Website in accordance with these Terms;
3. Price means the purchase price of each Product as specified on the Website (for the avoidance of doubt, including GST);
4. Products means the items offered for sale, described or displayed on the Website;
5. Website means www.k-fee.com.au.

Variation and Termination

These Terms cannot be varied unless we agree to alter them in writing. We may from time to time change these Terms by publishing the varied terms on the Website. We recommend you check our Website regularly to ensure you are aware of the current Terms. If you do not agree to the applicable Terms, at any stage, then you should stop use of the Website.

We may, in our sole discretion, suspend or terminate Your access to the Website or terminate these Terms at any time without notice for any reason. Following termination of these Terms, You must cease use of the Website. Suspension or termination will not affect Your or Our accrued rights or liabilities.

Legal Capacity

If you are under the age of eighteen (18) years you cannot place Orders with Us.  By accepting these Terms, You acknowledge that You are:

1. aged 18 years or over  (proceeding with the transaction is acknowledgement of age compliance); and 
2. capable of entering into a legally binding agreement.

If You are a business, Your officers, employees, agents and individual contractors placing Orders under your account are authorised to bind You to these Terms.

Website Use

The Website may contain links to other websites.  Those links are provided for convenience only and may not remain current or be maintained.  We accept no responsibility for the content or privacy practices associated with such linked other websites.

We accept no responsibility if Your access and use of the Website contravenes any laws governing Your usage.

You must take precautions to ensure that Your method 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.  We accept no responsibility for any such damage which may arise in connection with Your use of the Website.

Except as expressly authorised or licensed, You may not (or authorise any person to):

1. copy, recreate, decompile, disassemble, reverse engineer, transfer, exchange, translate or otherwise seek to obtain, modify or use any source, object code, architecture, or algorithms contained in the Website or any documentation associated with it;
2. combine the whole or any part of the Website with any other software, data or material; 
3. rent, lease, distribute, license, sublicense, sell, transfer, assign, distribute or otherwise provide access to the Website to any other person; 
4. tamper with or modify the Website, knowingly transmit viruses or other disabling features, or damage or interfere with the Website;
5. remove or tamper with any disclaimers or other legal notices on the Website;
6. store or use any part of data accessible through the Website that you do not own in an archival database or other searchable database; or
7. use the Website:
   1. for illegal purposes or engage in any conduct using the Website that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable or inappropriate by Us in our discretion;
   2. in any way that might bring Us or the Website into disrepute;
   3. in any way that infringes a third party’s rights or any intellectual property connected with the Website or its content;
   4. to interfere with any other person using or enjoying the Website; or
   5. in any way that competes with or is intended to compete with our business.

You must promptly notify Us of any breach, or suspected or anticipated breach, of the above conditions.

Placing Orders and Delivery

By placing an Order on the Website You are making a binding offer to Us to purchase Product(s) for the Price (including GST) and all shipping costs as indicated. For payment, see ‘Payment Methods’ below.

Orders will be deemed to have been accepted by Us at the time We send an Order confirmation to Your nominated email address.

In completing the Order request You agree to provide complete and accurate personal details (of You or the recipient of any gifts Ordered by You) to enable the effective processing and delivery of Your Order.  This information will also be used by third-party delivery agents to complete the delivery transaction.

We accept no liability for Your loss or any loss of any third party for delay or failure to process, fulfil or deliver Product(s) to You (or Your nominated recipient) on an Order due to incomplete or inaccurate personal details provided.

In circumstances where it is reasonably necessary to protect Our legitimate business interests, such as where we run out of stock, We reserve the right to reject an Order You place with Us, and/or to limit purchases to reasonable quantities in any Order.  In the event that We reject an Order, make a change to an Order, or limit an Order, we will use reasonable endeavours to notify You by email. If We make a change to an Order, or limit an Order, You may cancel Your Order prior to despatch.

Where You have provided an incorrect or incomplete delivery address for Your Order, You will be liable for any additional charges or fees for redirected or subsequent delivery attempts.

Delivery area constitutes Australia and New Zealand.  Most Orders are despatched within 3 business days of You receiving the Order confirmation email.   Delivery times may vary depending on the carrier and the ordered item. Please refer to Your confirmation email for specific information regarding Your delivery details including the tracking consignment identification number, which can be used to track Your Order via the nominated carrier’s website.  For further information please contact Us.

Pricing Policy

All Product Pricing includes GST and does not include shipping costs.  Once an Order has been accepted by Us the Product Price cannot be altered unless there is a written agreement between You and Us . 

Prices displayed on the Website are subject to change without prior notification. Changes in Prices will not affect Orders that have been accepted by Us prior to the change.

Despite Our best efforts, on occasion it may be possible that a Product in Our range may be incorrectly priced on the Website.  If a Product’s correct Price is higher than the price on the Website, We will contact You before shipping to confirm whether You want to buy the Product at the correct Price or cancel the Order.  If a Product’s correct price is lower than the Price on the Website, We will charge the lower Price and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

Shipping Policy

1. Any orders within Australia up to the value of $80 will incur a $9.95 shipping fee.
2. Any orders within Australia over the value of $80 will receive free shipping.
3. Any international orders to New Zealand up to the value of $100 will incur a $24.95 shipping fee.
4. Any international orders to New Zealand over the value of $100 will receive free shipping.

All shipping costs include GST. Please note that we can only accept orders from Australia and New Zealand.

The carriers nominated by Us will deliver Product(s) during local business hours (9am – 5pm Monday to Friday), excluding public holidays.

Payment Methods

We accept payment by all methods indicated on the Website.  When paying by Credit Card You authorise Us to debit Your nominated account at the time You submit the Order.

Product Specification

All screen images of the Products contained on the Website are simulations for illustrative purposes only.

Returns Policy

Subject to any additional rights You may have under the Australian Consumer Law, Product returns are handled in accordance with our Warranty and Returns Policy.

Privacy Policy

We are committed to protecting your privacy. We handle all personal information in accordance with our Privacy Policy and comply with our obligations in the Privacy Act 1988 (Cth).  By using this Website You agree and consent to the collection, storage, use, and disclosure of personal information by Us in accordance with our the Privacy Policy and agree, if applicable, to obtain the consent of any recipient of gifts Ordered by You, to Us handling their personal information in accordance with our Privacy Policy, prior to placing the relevant Order.

Liability

You expressly agree that use of the Website is on an ‘as is’ basis and at your own risk.

To the full extent permitted by law, We exclude:

1. any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Website, and or the Products, including but not limited to reliance by you on any information obtained from the Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance;
2. all liability in respect of loss of data, interruption of business or any other indirect, special, consequential or incidental damages (even if We have been advised of or should have knowledge of the possibility of such damages); and
3. all representations, conditions, warranties or terms (whether expressed or implied) other than those expressly set out in these Terms in relation to the Website.

To the full extent permitted by law, Our liability for breach of any implied warranty, condition or guarantee that cannot be excluded is limited to:

1. the replacement or repair of the Products or payment of the cost of replacement or repair; or
2. the re-supply of Our services to You or payment of the cost of re-supply of services.

We do not warrant that use of the Website will be uninterrupted or error-free.

Subject to Our obligations under the Australian Consumer Law, We do not warrant the accuracy, integrity or completeness of the content provided on or via the Website or the Products or services offered for sale on the Website.

No oral advice or written information given by Us shall create a warranty.

The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim.

You indemnify, hold harmless and defend Us, Our related entities and respective personnel (those indemnified) from and against any loss, damage, costs or expense incurred or suffered by any of those indemnified in connection with:

1. any fraudulent or reckless act or omission, or the wilful misconduct, of an indemnifying party;
2. a breach of these Terms or breach of any law by the indemnifying parties; or
3. any negligent act or omission of the indemnifying parties.]

Proprietary Rights

All intellectual property rights in the Website and in content included on or comprising the Website including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is owned by Us or our licensors. Your access to and use of the Website and Content does not grant or transfer to You any rights, title or interest in relation to the Website or the Content.

Except as expressly authorised or licensed, You must not copy, reproduce, modify, remove, delete, adapt, augment, add to, publish, transmit, , create derivative works from or in any way exploit any of the Content or Website, in whole or in part.

Our Website includes registered trade marks, and other marks that are protected by law. You may not reproduce, copy, or manipulate these in any manner without the trade mark owners’ express, written approval.

We appreciate any product reviews, information or material submitted to the Website (“Submissions”). You acknowledge that all Submissions sent to Us are not confidential and may be used freely by Us. You grant Us a royalty-free, sub-licensable, transferable, irrevocable, worldwide, perpetual and unrestricted licence to use, modify, reproduce, transmit, display and distribute Submissions for any purpose whatsoever to the extent permitted by law. You must not use the Website to:

1. make Submissions that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);
2. interfere with other users or prevent any other person from using or enjoying the Website;
3. defame, harass, threaten or offend any person;
4. make fraudulent or speculative enquiries, purchases or requests; or
5. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings.

You warrant that neither Your Submissions nor the posting, uploading, publication, submission or transmission of Your Submissions, or our use of Your Submissions on, through or by means of Us operating the Website, will infringe, misappropriate or violate a third party’s rights (including intellectual property rights) or result in the violation of any applicable law or regulation. We acknowledge that We do not endorse or approve, and are not responsible for, any Submissions. We may at any time remove all or part of Your Submissions at our sole discretion.

General

1. Assignment.  You must not assign or novate these Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, assign or assign our rights and obligations under these Terms, and to the extent necessary you hereby consent to such novation, assignment or transfer.
2. Force Majeure. We will be relieved from our obligations under these Terms to the extent that we are unable to perform due to an event beyond Our reasonable control, provided that we continue to perform all other unaffected obligations in accordance with these Terms.
3. Relationship. The relationship of the parties does not form a joint venture or partnership.
4. Waiver.  No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
5. Governing Law.  These Terms are governed by the laws of Victoria, Australia.  Each of the parties submits to the non-exclusive jurisdiction of courts within this jurisdiction.
6. Severability.  Any clause which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.
7. Disclaimer.  Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as expressly set out in these Terms.
8. Disputes. If there is a dispute or disagreement regarding these Terms, the party raising the dispute must notify the other party in writing. Within 10 days from the service of such notice, each party must participate in good faith discussions to attempt to resolve the dispute, failing which either party may refer the dispute to final and binding arbitration in Melbourne, Victoria, to be administered by the Australian Resolution Institute. Except where a party seeks urgent interim or interlocutory relief, a party may not commence any court, tribunal or other similar proceedings unless it has complied with this clause. A party must continue to comply with these Terms pending resolution of the dispute.

Last updated November 2019

1.  Purpose of this policy

Kruger ANZ Pty Ltd (ABN 91132340302) and its related entities (we, us, our) is committed to protecting your personal information in accordance with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Privacy Act) as well as other applicable legislation, such as the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).

We publish this Privacy Policy to make it easy for you to understand the types of personal information we might handle, why and how we might collect, use or disclose it, and the rights you have to access or correct any personal information held by us.

All references to ‘you’ and ‘your’ in this Privacy Policy are references to our customers, employees, potential employees, contractors or suppliers and any individuals who access our website at www.k-fee.com.au (‘website’) or who we deal with in the course of running our business or providing our products and services

2.  The types of personal information we collect

We collect personal information in order to provide you with our products or services. If you are one of our customers, this is usually collected through information provided by you on your client information form which you need to fill in to place an order with us.

‘personal information’ is information or an opinion about an individual which is reasonably capable of identifying that individual.

This information may include:

• your name, gender and contact information (including your email address, telephone and fax number, residential, business and postal addresses); and
• if you are a customer:
  • information about your preference for products or services we offer
  • your payment details for products
  • information on the products we have provided to you; and
• other information you have provided to us, including our records of any communications or interactions we have with you.

We will only collect other personal information, including sensitive information, in accordance with the Privacy Act.

3.  How we collect personal information

a)  Collection of personal information from individuals

We may collect personal information directly from you when you:

• purchase a product or service from us online;
• participate in promotional activities;
• contact us directly via email, phone, or our website;
• contact our third-party suppliers via e-mail, phone or the internet; or
• register online account information.

b)  Collection of personal information through websites and Apps

If you use our website, information is automatically collected through your use of our website, through cookies. Cookies are small text files that websites may place on your computer or device. Most often, cookies are used to recognise repeat users of websites and remember user preferences. We may collect this information both anonymously and in relation to purchases. Cookies are also used to allow the website to track usage behaviour and aggregate data to allow us to customise a user's experience on the website. For example, when you visit our website, we may use cookies to record information including your server address, the date and time of your visit, the pages you viewed, any documents you downloaded and the type of browser and operating system you used. The information is used and may be disclosed by us for purposes including statistical analysis and to assist us to improve the functionality and usability of the website. Similarly, we may periodically collect and use technical data and related information (including technical information about your mobile device and system preferences), to facilitate the provision of software updates, software support and other services related to the website.  Cookies are not used to identify you, although they will identify your browser. If you do not want information collected through the use of cookies you may be able to delete or reject cookies through your browser or the settings section of your mobile or tablet device. Disabling these features may cause some of the functions on the website not to work properly.

4.  How personal information is used and disclosed

a)  Main purposes

The main purposes for which we collect, hold, use and disclose personal information are to provide you with our products and services, and to support the operation of our business, which may include:

• processing transactions online and delivering products and services;
• to provide any associated loyalty program;
• promoting us and our products and services, including through direct marketing, events and competitions, public relations and social media;
• performing research and statistical analysis, including for customer satisfaction and product and service improvement purposes (this may include matching information we collect against other information held by third parties, noting we may use and disclose de-identified data for these purposes);
• helping us tailor existing or develop new products, services or offers, and to help us selectively target promotional offers and opportunities;
• developing or seeking to deliver new ranges of products;
• protecting the security of our staff, clients, suppliers and merchandise (including theft and fraud prevention); and
• answering queries, resolving complaints and responding to inquiries through social media.

We may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or which are required or are authorised by law, and/or for which you have provided consent.

5.  Direct marketing

By providing your address, email address and telephone numbers to us, you consent to us contacting you for the purposes set out in section 4. We may send this information in a variety of ways, including by mail, email, social media, SMS and telephone.

6.  Email and mobile communication

If you provide us with an email address or phone number, you consent to electronic communication such as notices or reminders being sent to you via that address or number. You may prefer to provide us with your personal email address or phone number rather than, for example, an email address accessible by your work colleagues.

7.  Opting out

Where it is lawful and practicable to do so, individuals may transact business with us without providing personal information or by providing information under a pseudonym.

You may also opt not to have us collect your personal information or, if you are a customer or user of the website, request that we de-identify any personal information we hold about you. This may prevent us from offering you some or all of our products and services.

To opt out, please contact us using the contact details in section 13. Also, if you believe that you have received information from us that you did not wish to receive or if you no longer wish to receive marketing calls, please contact us.

8.  Who we may share your personal information with 

We may share your personal information with third parties where appropriate for the purposes set out in section 4, including:

• financial institutions for payment processing;
• our contracted service providers or partners, including: overseas and local agents, delivery and shipping providers, information technology service providers, venues and event organisers, marketing and communications agencies, research and statistical analysis providers, call centres, hard copy and electronic mail houses, manufacturers and suppliers and external business advisers (such as recruitment advisors, auditors and lawyers); or
• regulatory, investigative or government bodies to comply with laws.

We may ask one of these third parties to contact you directly for a specific purpose, and provide us with information collected from you in the course of providing the relevant products or services. Those companies will be permitted to obtain only the personal information necessary to deliver their services. We take reasonable steps to ensure that these organisations are bound by privacy obligations to protect personal information otherwise we will seek your consent before sharing personal information with these parties.

9.  Cross border disclosure 

We may disclose personal information to overseas recipients, who are located in places such as Germany, Switzerland, Hong Kong, India, the Philippines and other countries or jurisdictions depending on the nature of the services those recipients provide to us (for example storing data via a cloud service, or where our customer relationship management system is hosted on servers located overseas, or where delivery address information for online orders is managed via a third party located overseas).

10.  Data quality and security

a)  General

We hold personal information in a number of ways, including in printed documents, electronic databases and email contact lists. Printed documents may be held at our head office, or archived in boxes and stored in secure offsite facilities. We take reasonable steps to:

• ensure that the personal information that we collect, use and disclose is accurate, up to date and complete and (in the case of use and disclosure) relevant;
• protect the personal information that we hold from misuse, interference and loss and from unauthorised access, modification or disclosure; and
• destroy or permanently de-identify personal information that is no longer needed for the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law, including the APPs.

You can help us keep your information up to date by letting us know about changes to your details using the contact details in section 13.

b)  Security

We will take reasonable precautions to protect your personal information from unauthorised access or disclosure, or misuse or loss. The steps we take to secure personal information may include website protection measures and security restrictions on access to our computer systems. While we endeavour to protect the personal information of users of our website, we cannot guarantee the security of information you disclose online: you disclose that information at your own risk. If you are concerned about sending your information over the internet, you can contact us using the contact details set out in section 13. If you become aware of any security breach, please let us know as soon as possible.

11.  Third party sites

Links to third party sites that are not operated or controlled by us are provided for your convenience. We are not responsible for the privacy or security practices of those sites, which are not covered by this Privacy Policy. Third party websites should have their own privacy and security policies, which we encourage you to read before supplying any personal information to them.

12.  Access and correction

a)  General

Please contact our head office using the contact details in section 13 if you would like to access or correct the personal information that we hold about you. We may ask you to verify your identity before processing any access or correction requests, to make sure that the personal information we hold is properly protected.

b)  Access

We will generally provide you with access to your personal information within 30 days of your request, subject to some exceptions permitted by law. We will also generally provide access in the manner that you have requested (e.g. by providing photocopies or allowing a file to be viewed), provided it is reasonable and practicable for us to do so. We may, however, charge a fee to cover our reasonable costs of locating the information and providing it to you.

c)  Correction

If you ask us to correct personal information that we hold about you, or if we are satisfied that the personal information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading. If we correct personal information about you, and we have previously disclosed that information to another agency or organisation that is subject to the Privacy Act, you may ask us to notify that other entity. If so, we will take reasonable steps to do so, unless this would be impracticable or unlawful.

13.  Complaints or Questions 

If you would like further information about how we manage your personal information, or if you have any queries relating to our Privacy Policy, or wish to lodge a complaint in relation to an alleged breach of the Privacy Act, please contact our head office by:

Mail: Privacy at Kruger ANZ Head Office, Ground Level, 620 High Street, Kew, Victoria 3101

Email: info@k-fee.com.au

Telephone: 1800 469 373

All complaints received will be dealt with fairly and in a timely manner considering all the circumstances of the complaint. In most cases, we expect that complaints will be investigated and a response provided within 30 days of receipt of the complaint. If the matter is more complex and our investigation may take longer, we will contact you and tell you when we expect to provide our response.

14.  Changes to this Policy 

We may amend this Privacy Policy from time to time. You should review this Privacy Policy from time to time. The current version will be posted on our website and a copy may be obtained by contacting our head office.