PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Goods” means all goods, machinery, electronic parts or components sold by or through this website, “Us”, “Our” and “We” refers to kitchentine.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and kitchentine.com’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that kitchentine.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any Goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), kitchentine.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the Goods; or the payment of the cost of having the Goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
PRICING AND AVAILABILITY
All prices listed on this website are in Australian dollars. Prices of our Goods and services are subject to change without notice. All orders are subject to confirmation of price and availability. All charges will be processed in Australian dollars.
We attempt to keep information on this website as current as possible, but if prices and availability change from time to time, kitchentine.com cannot accept responsibility.
DELIVERY OF GOODS
Goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of kitchentine.com.
All reasonable efforts will be made by the Seller to complete and deliver the Goods within the time nominated to the Customer but time shall not be of the essence and no penalty or damages will be incurred by the Seller for late delivery or failure to deliver the Goods or any part thereof due to:
acts of God, strikes, lockouts, trade disputes, fire, breakdowns, interruption of transport, government action or any other cause whatsoever outside the Sellers control; or
any acts, omissions, neglect, or default of the Seller, its employees or agents; or
any breach by the Seller, its employees or agents of any term of the Contract.
The Customer shall accept delivery when notified and if the Customer fails to do so within fourteen (14) days after being requested to accept delivery by the Seller, the Goods shall be deemed to have been delivered upon expiration of that period and shall be thereafter at the risk of the Customer, who shall pay the Seller upon demand for costs incurred thereafter by the Seller in relation to the Goods provided that the Seller is under no obligation to store or insure or care for the Goods after that expiration.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our Goods, please contact us so we may try to assist you.
GOODS REQUIRING ASSEMBLY
Some of our products come with instructions for customers to assemble and/or install themselves. We cannot guarantee that you have the technical ability to assemble our products and your results may vary from others.
Please ensure you read the enclosed instructions carefully before attempting any assembly. If you have any doubt, please make an enquiry to see if we can assist you or provide a technician to assist you for an additional fee.
Should you purchase any Goods which require assembly and begin to assemble it, you will not be able to return that kit for a refund. Should you have difficulties with assembly and damage the Goods, you may, in some cases, void any warranty. We are not responsible for any loss, damage or injury you cause to either the goods or yourself as a direct or indirect result of your assembly of any Goods.
In the event you have received any Goods with missing, faulty or defective parts, please notify us within 7 days of delivery. Once we deem the part faulty or defective, we will provide a replacement part but we do not provide installation service for any defective or faulty parts.
TECHNICAL SUPPORT AND ADVICE
We are dedicated to helping you with any of our Goods-related support problems you may have. In some instances we may be able to provide support for Goods purchased by you from our suppliers and these terms will also apply to any support or advice we may provide. By requesting such advice, you agree to these terms.
We provide this service and support in good faith and to the best of our ability. We will not require you to return the Goods if we are able to avoid it. However as we cannot control how you choose to apply any advice we may provide, we are not responsible and cannot be held liable for your reliance on our advice, how you choose to apply it or any loss, damage or injury you may suffer as a result of your actions and reliance on our support advice at any time.
We assume no obligation or liability for any recommendations, opinions or advice as to the choice, installation or use of the Goods. Any such recommendations, opinions or advice are given and shall be accepted at your own risk and shall not constitute any warranty or guarantee of such Goods or their performance.
Any liability is limited to the value of the Goods.
PAYMENT, RETURNS AND REFUNDS
Payment must be made in full at the time of placing any order. We do not provide any credit terms and no cancellation is permitted after an order has been placed and payment processed.
kitchentine.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Any claim for Goods received which are defective, damaged, incorrect, missing parts or similar must be made within 7 days of delivery.
The Goods must be returned in the same or similar packaging as originally delivered with proof of purchase. The risk of Goods remains with the Customer until the Seller receives the Goods. Once we can confirm the Goods are faulty, incorrect or defective, we will refund the cost of standard shipping and exchange the Goods at no cost.
Any breach of this term may disentitle the Customer to any consideration of any claim in our sole discretion.
All other refunds are made in the sole discretion of kitchentine.com.
Our products come with manufacturer warranties to the original owner against defects and in accordance with Australian Consumer law when the Goods are used for the purpose intended, under normal conditions and do not apply to damages caused by typical wear and tear over time, use, accident, unreasonable use, improper care, modifications, alterations or negligence. Some parts that are subject to normal wear and tear may require infrequent or regular replacement, depending on frequency of use and are not covered under any warranty terms. Please contact us if you are uncertain at any time regarding what may be covered under your warranty.
LINKS TO OTHER WEBSITES
kitchentine.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between kitchentine.com and the owners of those websites. kitchentine.com takes no responsibility for any of the content found on the linked websites.
kitchentine.com’s website may contain information or advertisements provided by third parties for which kitchentine.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
All our Goods come with instructions for use. You must familiarize yourself with the instructions of use prior to using any Goods. We are at no time responsible for any loss or damage, including but not limited to death or injury of any kind to any property or persons howsoever caused arising from the installation or use of the Goods whether such loss arises directly or indirectly.
If you do not follow the instructions, misuse or otherwise damage the Goods, you may void the warranty and it may no longer be relied upon.
To the fullest extent permitted by law, kitchentine.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. kitchentine.com gives no warranty that the documents, Goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of kitchentine.com to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. kitchentine.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data kitchentine.com collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
kitchentine.com does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
kitchentine.com may be required, in certain circumstances, to disclose information in good faith and where kitchentine.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of kitchentine.com. kitchentine.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then kitchentine.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. kitchentine.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
kitchentine.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and kitchentine.com concerning your use and access to kitchentine.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Queensland. If there is a dispute between you and kitchentine.com that results in litigation then you agree to submit to the jurisdiction of the courts of Queensland.