Background
A The Customer wishes to place an order to purchase Products displayed on Kingaroy Kitchen’s Website.
B Kingaroy Kitchen may agree to supply the Products to the Customer on the terms of this agreement.
Agreed terms
1. Ordering
Customer Order
1.1 The Customer may place an order for one or more of the Products on the Website.
1.2 Kingaroy Kitchen may accept or reject an Order, acting reasonably.
Sale of Products
1.3 If Kingaroy Kitchen notifies the Customer of its acceptance of an Order, then:
(a) subject to payment of the Purchase Price, Kingaroy Kitchen sells to the Customer the Products contemplated by that Order; and
(b) the Customer buys the Products contemplated by that Order for the Purchase Price
2. Purchase Price, title and risk
Title
2.1 Title to the Products passes from Kingaroy Kitchen to the Customer when the Customer pays the Purchase Price for those Products in full to Kingaroy Kitchen.
Risk
2.2 Title to the Products passes from Kingaroy Kitchen to the Customer when those Products are delivered to the Customer
Purchase Price
2.3 The Customer must pay the Purchase Price for the Products at the time the Customer places an Order
2.4 If Kingaroy Kitchen, acting reasonably, does not to accept an Order and the Customer has paid the Purchase Price for the particular Products, then Kingaroy Kitchen will notify the Customer and must either:
(a) supply equivalent goods to those Products to the Customer, provided such equivalent goods are agreed with the Customer; or
(b) refund to the Customer any amounts paid by the Customer for that Order.
2.5 Kingaroy Kitchen uses Stripe to facilitate online transactions. More information about Stripe, its terms of service and privacy practices can be found at https://stripe.com.
Delivery
2.6 Kingaroy Kitchen must endeavour to promptly deliver the Products to the address in the Order accepted under clause 1.2 or request a third party to do so.
2.7 The Customer acknowledges that any delivery dates nominated or agreed to by Kingaroy Kitchen are indicative only, and are not binding on Kingaroy Kitchen.
3. Products
3.1 The Customer agrees and acknowledges that:
(a) the colour of the Products as pictured on the Website may vary depending on the Customer’s computer monitor; and
(b) the Products as pictured on the Website are for illustrative purposes only.
4. Return of Products
4.1 Without limiting clause 5 or the Customer’s rights under theAustralian Consumer Law, if:
(a) a Product is incorrect, damaged or faulty; and
(b) the Product is still in its original packaging, unused and in thesame condition it was in when it was sold to the Customer.
the Customer may request replacement of or a refund for the Product by contacting Kingaroy Kitchen within 7 days of the date of receipt of the relevant Order.
4.2 If the Customer makes a request contemplated by clause 4.1 then,subject to the Customer’s compliance with clause 4.3, Kingaroy Kitchen must either (at the election of Kingaroy Kitchen):
(a) replace the Product; or
(b) give the Customer a refund of the Purchase Price for theProduct.
the Customer may request replacement of or a refund for the Product by contacting Kingaroy Kitchen within 7 days of the date of receipt of the relevant Order.
4.3 If the Purchase Price of the relevant Product(s) the subject of a request for replacement or refund under clause 4.1 is over $100, then:
(a) the Customer must, at the Customer’s cost, arrange return postage of the relevant Product(s) to Kingaroy Kitchen at the following address: Kingaroy Kitchen 17 Kingaroy Street Kingaroy, QLD 4610
(b) Kingaroy Kitchen will reimburse the Customer for reasonable return postage costs following the Customer’s provision of a receipt for those costs to be sent to the following email address: kingaroy.bs@endeavour.com.au
4.4 For the avoidance of doubt, the Customer is not required to return any incorrect, damaged or faulty Product(s) where the Purchase Price of the Product(s) the subject of a request for replacement or refund under clause 4.1 is less than $100.
5. Limitation of liability
Limitation
5.1 Subject to clauses 5.3 and 5.4, any liability of Kingaroy Kitchen for any loss or damage, however caused (including by the negligence of Kingaroy Kitchen), suffered by the Customer in connection with a Product is limited to, at the election of Kingaroy Kitchen:
(a) the Purchase Price paid by the Customer to Kingaroy Kitchen for that Product; or
(b) resupply of that Product.
5.2 The limitation set out in clause 5 is an aggregate limit for all claims, whenever made.
Consequential Loss
5.3 Subject to clause 5.4, Kingaroy Kitchen is not liable for any Consequential Loss however caused (including by the negligence of Kingaroy Kitchen), suffered or incurred by the Customer in connection with a Product.
Liability for consumer guarantees
5.4 If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by Kingaroy Kitchen in connection with this agreement and Kingaroy Kitchen’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 3.1, 5.1 and 5.3 do not apply to that liability and instead Kingaroy Kitchen’s liability for such failure is limited to (at the election of Kingaroy Kitchen), in the case of a supply of goods,Kingaroy Kitchen replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, Kingaroy Kitchen supplying the services again or paying the cost of having the services supplied again.
6. Intellectual property rights and rebranding
The Customer acknowledges and agrees that nothing in this agreement grants the Customer any intellectual property rights (including copyright, trade marks, patents and designs) of Kingaroy Kitchen.
7. Merger and survival
7.1 The rights and obligations of the parties under this agreement do not merge on completion of any transaction contemplated by this agreement.
7.2 Termination of this agreement will not affect clauses 3, 4, 5 and 6and any other clause of this agreement which is expressly or by implication intended to come into force or continue after termination.
8. Costs and taxes
General taxes and duty
8.1 Subject to clause 8, the Customer must pay all stamp duty, taxes, duties, government charges and other taxes of a similar nature (including fines, penalties and interest) imposed, levied, assessed or payable in Australia or overseas in connection with this agreement.
GST
8.2 Any words capitalised in clause 8 and not already defined in clause 10 have the meaning given to those words in the GST Act
8.3 Except under clause 8, the consideration for a Supply made under orin connection with this agreement does not include GST
8.4 If a Supply made under or in connection with this agreement is a Taxable Supply, then at or before the time any part of the consideration for the Supply is payable:
(a) the Recipient must pay the GST Act Supplier an amount equal to the GST for the Supply, in addition to and in the same manner as the consideration otherwise payable under this agreement for that Supply; and
(b) the GST Act Supplier must give the Recipient a Tax Invoice for the Supply.
8.5 For clarity, the GST payable under clause 8.4 is correspondingly increased or decreased by any subsequent adjustment to the amount of GST for the Supply for which the GST Act Supplier is liable, however caused.
8.6 If either party has the right under this agreement to be reimbursed or indemnified by another party for a cost incurred in connection with this agreement, that reimbursement or indemnity excludes any GST component of that cost for which an Input Tax Credit may be claimed by the party being reimbursed or indemnified, or by its Representative Member, Joint Venture Operator or other similar person entitled to the Input Tax Credit (if any).
8.7 Where a Tax Invoice is given by the GST Act Supplier, the GST Act Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (as stated on the Tax Invoice) to the Australian Taxation Office.
8.8 Where a Supply made under or in connection with this agreement isa Progressive or Periodic Supply, clause 8.4 applies to each component of the Progressive or Periodic Supply as if it were a separate Supply.
9. General
9.1 The laws of Queensland, Australia govern this agreement.
9.2 Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
9.3 The Customer must not assign, in whole or in part, or novate the Customer’s rights and obligations under this agreement without the prior written consent of Kingaroy Kitchen.
9.4 Kingaroy Kitchen may subcontract its obligations under this agreement.
9.5 A clause or part of a clause of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining clauses or parts of the clause of this agreement continue in force.
9.6 This agreement supersedes all previous agreements about its subject matter. This agreement embodies the entire agreement between the parties.
10. Definitions and interpretation
Definitions
10.1 In this agreement:
Consequential Loss means indirect, special or consequential loss(being a loss that does not arise naturally, that is, according to the ordinary course of things, whether or not the parties were aware of the possibility of such loss), loss of revenues, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain, lost opportunities (including opportunities to enter into arrangements with third parties) and loss or damage in connection with claims against the Customer by third parties.
Customer means you
GST Act means A New Tax System (Goods and Services Tax) Act1999 (Cth).
GST Act Supplier means the entity making the Supply as that term is defined by GST Act.
Kingaroy Kitchen means Endeavour Foundation ABN 80 009 670704 trading as Kingaroy Kitchen.
Order means an order made under clause 1.1 by the Customer for the supply of Products.
Product means the goods displayed for sale on the Website.
Purchase Price in respect of a Product means the purchase price and cost of delivery for that Product as specified on the Website.
Specification means the specification provided to the Customer by Kingaroy Kitchen in respect of each Product (if any), as amended byKingaroy Kitchen from time to time.
Website means www.kingaroykitchen.com.au, operated by Kingaroy Kitchen.
Interpretation
10.2 In this agreement:
(a) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’,‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included;
(b) no rule of construction applies in the interpretation of this agreement to the disadvantage of the party preparing the agreement on the basis that it put forward this agreement or any part of it; and
(c) a reference to a party is a reference to Kingaroy Kitchen or the Customer, and a reference to the parties is a reference to both Kingaroy Kitchen and the Customer.
