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:
- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
- Order means a request by you to purchase Products from the Website in accordance with these Terms;
- Price means the purchase price of each Product as specified on the Website (for the avoidance of doubt, including GST);
- Products means the items offered for sale, described or displayed on the Website;
- 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:
- aged 18 years or over (proceeding with the transaction is acknowledgement of age compliance); and
- 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):
- 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;
- combine the whole or any part of the Website with any other software, data or material;
- rent, lease, distribute, license, sublicense, sell, transfer, assign, distribute or otherwise provide access to the Website to any other person;
- tamper with or modify the Website, knowingly transmit viruses or other disabling features, or damage or interfere with the Website;
- remove or tamper with any disclaimers or other legal notices on the Website;
- 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
- use the Website:
- 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;
- in any way that might bring Us or the Website into disrepute;
- in any way that infringes a third party’s rights or any intellectual property connected with the Website or its content;
- to interfere with any other person using or enjoying the Website; or
- 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
- Any orders within Australia up to the value of $80 will incur a $9.95 shipping fee.
- Any orders within Australia over the value of $80 will receive free shipping.
- Any international orders to New Zealand up to the value of $100 will incur a $24.95 shipping fee.
- 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:
- 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;
- 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
- 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:
- the replacement or repair of the Products or payment of the cost of replacement or repair; or
- 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:
- any fraudulent or reckless act or omission, or the wilful misconduct, of an indemnifying party;
- a breach of these Terms or breach of any law by the indemnifying parties; or
- 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:
- 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);
- interfere with other users or prevent any other person from using or enjoying the Website;
- defame, harass, threaten or offend any person;
- make fraudulent or speculative enquiries, purchases or requests; or
- 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
- 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.
- 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.
- Relationship. The relationship of the parties does not form a joint venture or partnership.
- Waiver. No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
- 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.
- 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.
- 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.
- 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.