Terms and Conditions

The following terms and conditions of sale (‘Conditions’) apply to the supply of goods or services (‘Products’) by Kitcha Interiors and Accessories (ABN 48 804 593 447) to you, including all transactions for the purchase of products through this website.  These conditions should be read in conjunction with Kitcha Interiors and Accessories Website Terms and Conditions of Use.  In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ refer to Kitcha Interiors and  Accessories and include its related entities.

Orders

Your completion of the order form on this website will constitute an offer by you to purchase the products (‘Order’).  All orders are subject to our acceptance.  Any order under these conditions must be placed via the forms provided on this website and must specify information requested including, without limitation:

• quantity and description of the products
• full street address to which the products are to be delivered
• your current billing address to which the credit card statements are to be sent

You must complete all information requested on the order form before we process the order.  We will send you an email acknowledging the products ordered as soon as possible after you have placed an order.  Our acknowledgement of your order by email will not constitute an acceptance of the order

An order for products will only be binding on us when we accept the order by a separate email once your payment has cleared.   If we do not accept your order for any reason, we will inform you by email or in writing.

Prices

All prices provided on this website are inclusive of a Goods and Services Tax (‘GST’), unless explicitly stated otherwise.  The GST payable by you will be shown on the invoice provided at the time of delivery of the products.

The purchase price for the products will be at our selling price on the date of our receipt of the order, less any applicable discounts in effect at that time.  All orders will attract a delivery charge as set out on our Delivery details – please see below. 

We will not be responsible for errors in pricing that appear on this website.  We will notify you in the event of a pricing error on the web site before an order is delivered and you will have the opportunity to cancel your order in accordance with these conditions.

Payment

Payment for products purchased from Kitcha Interiors and Accessories via this website can be made by Bank Transfer or PayPal.

Kitcha Interiors and Accessories will deliver the products to you only once the payment has been cleared into the specified Kitcha Interiors and Accessories bank account.

Kitcha Interiors and Accessories reserves the right to decline any payment that is believed to be fraudulent and exercise its lawful remedies if a dispute arises over payment through your credit card provider.  If your credit card provider rejects a payment when due, Kitcha Interiors and Accessories, at its discretion, may delay or cancel delivery of any order you have placed.

Kitcha Interiors and Accessories has the right to offset and deduct from any refund due to you all sums owed by you to Kitcha Interiors and Accessories.  If your account is placed in collection, Kitcha Interiors and Accessories will be entitled to claim all reasonable expenses for collection, including legal fees incurred.

Shipping, Delivery and Cancellation

Orders are dispatched within 48 hours.  Please allow up to seven business days to receive your order, depending on your location.  If your order has not arrived within this time please email us at info@kitcha.com.au  and we will track the order for you.

We ship our products with standard delivery through Australia Post or through a courier service, depending on your location and the items being sent.  For large or bulky items, please email us at info@kitcha.com.au and we will obtain the most competitive quote for delivery.

Please note we are unable to deliver to PO boxes – all orders  require a residential or business address for delivery.

Should you wish to change or cancel your order, you must immediately contact us by email at info@kitcha.com.au and we will endeavour to accommodate your request if the products have not been dispatched.  If you change or cancel your order after the 48 hours in which you have placed it, we reserve the right to charge you any costs we have incurred in relation to your order, including but not limited to, transportation and administration costs, and such costs will not exceed more than 50% of the total price of the ordered products.

Stock Availability

If a Product is “out of stock” when we process your order, we will contact you to discuss revised delivery times or refund options.

Returns Policy

You may return products to us for exchange or refund within 7 days of receipt of the products, provided that the products are in perfect condition, unused, unwashed and are accompanied with their original packaging.  Products must be returned to the following address, at your own cost, with a copy of your email confirmation of  the order.

Kitcha Interiors and Accessories

129 Holts Lane, Darley, Victoria, 3340

Once we have received the returned products, we will notify you via email of your exchange or refund.  Delivery costs will only be refunded if the return is as a result of our error.

If you believe any products are faulty, please contact us immediately by email.

Title and Risk

You agree that until payment of all monies owing to us, the products remain the property of Kitcha Interiors and Accessories.  The risk of any loss or damage to the products passes to you from the time we dispatch the products to your specified address or other agreed address.

Liability and Indemnity

Except as required by law, all warranties beyond those expressly given in these conditions, whether express or implied and whether statutory or otherwise, with regard to the products as to quality, fitness for purpose or any other matter are excluded.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

• if the breach relates to goods:
• the replacement of the goods or the supply of equivalent goods
• the repair of such goods, or
• the payment of the cost of replacing the goods or of acquiring equivalent goods
• the payment of the cost of having the goods repaired
• if the breach relates to services:
• the supplying of the services again
• the payment of the cost of having the services supplied again.

Amendments to Conditions

We may revise these conditions from time to time by updating this web page.  You are bound by such revisions and should therefore regularly revisit this page to review the current conditions by which you are bound.  Your continued use of the website after a revision of these conditions evidences your acceptance of that revision.

Governing Law

These Conditions are governed by the laws in force in the State of Victoria Australia.  You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

Website Terms and Conditions of Use

This website is owned and operated by Kitcha Interiors and Accessories (ABN 48 804 593 447).  In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to Kitcha Interiors and Accessories and includes its related entities.

These terms and conditions apply to the use of this website.  In using this website, you agree to be bound by these terms and conditions.  If you do not accept these terms and conditions, you must refrain from using the website.  These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

Information Available on Website

All information provided by us at the website is provided in good faith.  We derive the information on our website from sources which we believe to be accurate and up to date as at the date of publication.  We nevertheless reserve the right to update this information at any time.  You accept that any information provided by us is general information and is not in the nature of advice.  In addition, we do not make any representations or warranties that the information we provide on this website is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.

We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us on this website.  You should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on our website.  You agree to use our website for lawful purposes only.

Product Descriptions

Images, drawings, sizes and materials relating to products and accessories displayed on this website are for illustrative purposes only.  Actual colour specifications for a particular product may vary depending on your personal computer settings.

Registration

In order to access certain parts of this web site, or process certain transactions offered on this web site, you may need to become a registered user.  To become a registered user, you must complete your registration details in the manner described here.  

We reserve the right to terminate your registration and to withdraw your access to this website at any time if you breach these terms and conditions, or if we consider that you are using the services provided on this website in an inappropriate manner.

You must ensure that your registration details are true and accurate at all times.  Specifically, you must notify us of any change to the registration details as originally supplied.

Upon registration, you will be provided with an account designation.  You must not disclose your password to another person, or permit another person to use your password to access this web site.

Disclaimer of Liability

We do not accept any responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

Any exclusion or limitation of liability set out in these terms and conditions or on the website does not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

Specific Warnings

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

We do not warrant the accuracy, adequacy or completeness of any information contained on this website, nor do we undertake to keep this website updated.  We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

Where the information made available on this website contains opinions or judgments of third parties:

• you acknowledge that any opinions or advice by third parties on this website remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purpose;
• we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice;
• we do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
• Responsibility for the content of any advertisements appearing on this website (including hyperlinks to advertisers’ own webssites) rests solely with the advertisers.  The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Intellectual Property Rights

You accept that the intellectual property rights subsisting in all materials on this website are owned or licensed by us and that you gain no interest in relation to them.  Such rights include rights relating to this website’s look and feel, idea and concept, and confidential information, whether or not they are reduced to material or tangible form.  You must not do anything, or omit to do anything, which may infringe our intellectual property rights except where expressly authorised by these terms and conditions.

Copyright

Copyright in this website (including text, drawings, graphics, logos, icons, sound recordings and software) is owned or licensed by us.  Information procured from a third party may be the subject of copyright owned by that third party.

Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

• adapt, reproduce, communicate, store, distribute, print, display, perform, publish or create derivative works from any part of this website
• commercialise any information, products or services obtained from any part of this website,
  without our written permission or, in the case of third party material, from the owner of the copyright in that material.

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use.

You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited.

You may not without our written permission on-sell information obtained from this web site.

Linked Web Sites

This web site may contain links to other web sites.  Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Privacy Policy

We value your privacy.  Your contact information will never be shared with or sold to a third party.

Your privacy is important to us.  To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.

This notice applies to all information collected or submitted on the Kitcha Interiors and Accessories website.  On some pages you can order products, make requests and register to receive products.  The types of information we collect at these pages are name; address; email address and phone number.

On some pages you can submit information about other people, e.g. if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address.  In these circumstances, the personal information collected is name; address; phone number and message details.

We will not share or sell your contact details with a third party.

The registration information you provide is only used by Kitcha Interiors and Accessories to complete your order.  We use the information you provide about a recipient’s address details to ship their products only.

Finally we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.  Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.  Accordingly, any information which you transmit to us is transmitted at your own risk.  Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this website may be terminated at any time by us without notice.  Our disclaimer will nevertheless survive any such termination.

Governing Law

These terms and conditions are governed by the laws in force in the State of Victoria, Australia.  You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We may update or amend these terms and conditions and our privacy policy from time to time.  The then current version of the terms and conditions and privacy policy will apply each time you use our website.

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.