Terms & Conditions
Sold and delivered by DELUXE PRODUCTS PTY LTD (ABN 44 102 989 097)
Our acceptance of your order will constitute a binding contract of sale of the items in your order. If we agree to cancel an order a minimum $30 administration fee plus any storage, labour and shipping costs incurred will be charged before a refund is processed.
IMPORTANT: Orders cannot be amended or cancelled once our warehouse starts processing (when picking ticket is printed) as our warehouse processes orders very quickly and transport is booked before orders are shipped.
To enquire about an existing order, please contact the Seller via the Order History in your Account dashboard.
- Items and products displayed on product listing do not constitute an offer to sell. No information on the product listing is considered or deemed as an offer by us to supply any items or products.
- By placing an order, you make an offer to us to purchase the items or products that you have selected under the terms and conditions of this agreement, at the price displayed.
- We reserve the right to accept or reject your offer for any reason including, but not limited to:
- the availability of the item or product;
- an error in the price or item or product description;
- an error in your order.
PRICE AND GST
- The prices of any product displayed on the product listing, delivery, and any other charges are in Australian dollars only (AUD$).
- We reserve the right to change the prices for any item or product displayed on the product listing from time to time.
- The prices for any item or product displayed on the product listing do not include delivery charges or any other charges.
- All prices, including prices for any item or product displayed on the product listing , delivery, and any other charges include GST.
- Subject to the terms and conditions of this agreement, we will supply to you the items and products indicated in your order confirmation.
- We will use best endeavours to deliver to you the products on or before the delivery date indicated in your order confirmation; however you acknowledge that the delivery date indicated in your order confirmation is an estimate only.
- We will deliver the items or products indicated in your order confirmation to the address nominated to us for the delivery of your product, as provided by you through the checkout.
- If you have registered an "Authority to Leave" with either us or our deliveryman, the items or products shall be delivered to the Delivery Address noted on your "Authority to Leave" document, and shall be left there in accordance with your instructions.
- Unless otherwise stated, we will deliver large or bulky items or products (for example, large televisions, furniture, whitegoods, and wine fridges) to the front door of the ground floor only. Our standard delivery service does not include product assembly. We do not offer any kind of installation services such as mounting products onto walls or installing products into kitchens.
- We reserve the right to charge you for any additional costs incurred in the re-delivery of the item or products indicated in your order confirmation if:
- after confirming the delivery date with you, there is no person at the Delivery Address to receive the item or product or no person at the Delivery Address that is able to sign any consignment note indicating that the item or product has been received;
- through no fault of our deliveryman, our deliveryman is not able to unload or deliver the item or product ordered to the Delivery Address; or
- the Delivery Address is incorrect.
- If an item or product is to be collected or we are not able to deliver the item or product due to your unavailability, if the item or product is not collected from our offices or warehouses within 14 days of the sale, we reserve the right to either dispose of or sell the item on terms that we determine to be reasonable. If this occurs, we shall refund to you the proceeds of the sale, less our storage costs of $5.00 per day of storage, our administrative fees of $40.00, and/or any delivery costs incurred by us.
- We will not deliver any item or product:
- to any location outside of Australia; or
- on weekends or after normal working hours.
- You may cancel an order by contacting us by telephone during our business hours. Orders cannot be cancelled via e-mail, chat or any other formats due to our dispatch team not being accessible on these channels or outside business hours. The following charges will apply depending on the status of your order:
- If your order has started processing but has not been dispatched from our warehouse a $30 cancellation fee will apply
- If your order has already been dispatched from our warehouse a shipping fee plus a return fee of an equal amount will apply. This includes items sold on a free delivery basis.
Deliveries to major capital cities are usually made within 4 working days, however, please allow 10 business days after the dispatch date to receive your order. Excludes pre-order items.
To keep delivery costs low, we book all deliveries on standard road transport services with one person on board the delivery vehicle. If you have ordered any large or heavy items please have enough able-bodied people at home to help the driver with unloading. The suggested lifting weight per person is 25kg (example. Box weighs 100kg, you will need to supply 3 able-bodied people at home to help the driver with unloading). Carton weights can be seen on the products listed specifications. The driver is responsible for delivering the goods to your doorstep at ground level. You are welcome to request additional services such as an extra helper or specialised delivery service or after hours delivery. This will need to be arranged with us before dispatch and additional costs will apply.
RISK AND TITLE
- Title in any items or products will only pass to you when we receive full payment all amounts specified in our tax invoice.
- The risk in any items or products delivered will pass to you when it is delivered.
- If you have registered an "Authority to Leave" with either us or our deliveryman, the risk in the items or products delivered will pass to you at the time that the items or products are delivered to the address noted on the "Authority to Leave" in accordance with the instructions contained on your "Authority to Leave".
- The risk in any items or products collected by you from our premises will pass to you when you collect the items or products.
- These products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the products fail to be acceptable quality and the failure does not amount to a major failure.
- Any additional warranties offered for a particular item or product displayed on the product listing will appear on that product's product information web page.
- The warranties given to you under this agreement are in addition to any other statutory rights, remedies, conditions, or warranties, and nothing in this agreement excludes the application of those statutory rights, remedies, conditions, or warranties.
- We warrant that the items or products:
- matches the description provided on the product listing;
- is fit for the purpose as described on the product listing; or
- is of merchantable quality.
- The period during the above warranty will be in effect will depend on the item or product and will commence from the date that the product is delivered to you. The product warranty periods are contained on the individual product's pages as well as the warranty information sheet provided to you on the delivery of the product.
- If you wish to make a claim for the breach of any warranty, including any breach of any additional warranty, you must:
- notify us in writing via the Kogan Help Centre; and
- provide us with proof of purchase.
- Following a receipt for your claim under this warranty, we will assess your claim and will send to you a returns advice form that will advise you where the items or products must be returned to.
- If we send to you a returns advice form and do not receive a response from you or receive the returned items or products from you within 30 days, you will not be entitled to reject the items or products, subject to any rights you may have under the Australian Consumer Law.
- Following the receipt of your claim under this warranty and/or the return of your items or products, we will assess your claim and if we determine that your claim is valid:
- if the products can be repaired and the failure to comply with the warranty is not a major failure, we will, at our discretion, either repair the defect, replace any defective part of the defective product, or replace the defective product; and
- if the products cannot be repaired or the failure to comply with the warranty is a major failure, you may reject the products, return the products (if you have not done so already), and at your election, seek the replacement of the products, the repair of the products, or a refund of any money you have paid for the product.
- If, in accordance with the warranty under this agreement, a repair is approved for the item or product and that repair may be effected by the simple replacement of a particular part or component of the item or product, then we may, at our discretion, send you the replacement part or component to repair the item or product, at our own cost.
- If, after examining or assessing the item or product, we determine that there has been no breach of our warranty:
- we reserve the right to charge you for any reasonable costs incurred in the examination or assessment of any item or product, including but not limited to any costs incurred in sending an on-site technician to examine or assess the item or product; and
- we reserve the right to charge you for any re-delivery costs incurred to return the item or product to you.
EXCLUSION OF WARRANTIES
- To the extent permitted by law, the warranties provided in WARRANTIES clause does not apply where our products have been subjected to:
- misuse, abuse, neglect, or accident; and/or
- alteration or improper alteration by the Client or any other third party; and/or
- non-observance with use and maintenance instructions; and/or
- damage or malfunction due to normal use or fair wear and tear, such as the discolouration of glass frosting, or colour fading; and/or
- use in trade or commercial situations such as in a restaurant, bar, gym or day spa
30 DAY MONEY BACK GUARANTEE
- All our items or products come with a thirty (30) day money back guarantee ("the 30-day Money Back Guarantee"). If you, for any reason whatsoever, are not satisfied with the item or product supplied to you, you may, within thirty (30) days of the item or product being delivered to you, return the item or product to us for a full refund of the purchase price of the item or product. The full refund of the purchase price of the item or product does not include fees paid for any delivery, shipping, or handling charges, and shipping costs will be deducted from the refund of items sold on a free delivery basis where we have incurred shipping charges.
- If you exercise your rights under the 30-day Money Back Guarantee, you:
- must notify us in writing of the exercise of your rights under the 30-day Money Back Guarantee and return the item to us within thirty (30) days of the item or product being delivered to you;
- must provide us with proof of purchase;
- must return the item or product to us in its original condition and in its original packaging;
- must return the item or product to us at your own cost;
- must pay a 10% restocking fee which will be deducted from the refund amount; and
- are not entitled to make any claim for the breach of any warranty.
FREE TRANSIT INSURANCE
- We will arrange transit insurance, at our expense, for the delivery of all our items or products to you.
- If you consider that an item or product delivered to you has been damaged during the delivery process you must:
- notify us within twenty-four (24) hours after the item or product has been delivered;
- provide to us sufficient information for us to determine if the item or product delivered has been damaged during the delivery process, including providing us with photographic evidence of the item or product and the packaging it was received in;
- provide to us a copy of the delivery or consignment note signed at delivery, indicating that the item or product was received in a damaged condition; and
- If we determine that an item or product delivered to you has been damaged during the delivery process:
- we may, at our discretion refund, repair, or replace that item or product; and
- if the item or product is to be returned to us, we will organise for the collection of the item or product from the Delivery Address.
- If we have determined that an item or product delivered to you has been damaged during the delivery process and that repair may be effected by the simple replacement of a particular part or component of the item or product, then we may, at our discretion, send you the replacement part or component to repair the item or product, at our own cost.
- If any item or product is returned to us for refund, repair, or replacement, you must return it to us in its original condition, along with all original packaging.
- If you or our deliveryman provides to us a signed delivery or consignment note that does not indicate that the item or product was received in a damaged condition:
- we reserve the right to refuse to refund, repair, or replace the returned product;
- we reserve the right to charge you for any collection and re-delivery costs incurred in collecting the item or product from you and/or returning the item or product to you.
LIMITATION OF LIABILITY AND INDEMNITIES
- If you have registered an "Authority to Leave" with either us or our deliveryman, we will not be liable for any loss, expenses, costs or any special, incidental, or consequential damages arising out of our compliance with your instructions contained on that "Authority to Leave".
- We will not be liable for any loss, expenses, costs or any special, incidental, or consequential damages arising out of or in connection with the use of the Services or the sale of any item or product.
- We will not be liable for any loss, expenses, losses, costs, consequential losses, or direct or indirect damage suffered by you where your credit card has been fraudulently used or has been used in an unauthorised manner.
- Our maximum liability for any item or product supplied to you is limited to a maximum total aggregate sum of the amount payable by you in respect to the item or product in question.
- You will at all times indemnify us from any claims, loss, damage, liabilities, expenses, costs or demands including legal fees made by any third party due to or arising out of a breach of this agreement by you or arising out of your negligent act or omission.
- Our privacy statement is available on the Site and we will use all reasonable efforts to ensure that any information or data collected from you is stored and used in accordance with this privacy statement.
- By registering an account with us for the use of the Services you agree that we may store, process, and use any information or data collected from you in accordance with our privacy statement.
- We reserve all intellectual property rights including but not limited to any trade marks and copyright in material and/or services provided by us.
- Nothing in this agreement permits you or gives you any rights to use any of our marketing materials, copyrighted material (including website layout), trade marks, business names, logos, photographs, or domain names.
- Any trade marks used on the Site belonging to third parties are used with permission and remain the intellectual property of such third party.
OTHER IMPORTANT MATTERS
- We will not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
- If any part of this agreement is found to be void, unlawful or unenforceable, then that part shall be deemed severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
- This agreement is governed by and will be construed according to the law of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the Courts of the State of New South Wales in relation to any dispute under or about this agreement.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.