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
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:
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.
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:
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.
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):
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.
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.
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.
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.
All screen images of the Products contained on the Website are simulations for illustrative purposes only.
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.
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:
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:
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:
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:
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.
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).
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:
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:
b) Collection of personal information through websites and Apps
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:
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:
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
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:
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.
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
12. Access and correction
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.
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.
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
Mail: Privacy at Kruger ANZ Head Office, Ground Level, 620 High Street, Kew, Victoria 3101
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