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Terms and Conditions

Thanks for shopping at Kitchen Xchange, we look forward to dispatching your order. Please take a moment to have a look over our Terms and Conditions.

About these Terms and Conditions

In these Terms and Conditions "we" and "us" mean Kitchen Xchange Pty Ltd, and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

Australian sales only

We only sell and ship products within Australia, and cannot make deliveries outside of Australia.

Legal capacity to transact

If you are under the age eighteen (18) years you cannot place orders with Kitchen Xchange Pty Ltd. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should Kitchen Xchange Pty Ltd suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with us.

Placing your order

You may place an Order by clicking on the 'Add to Cart' button alongside the products of your choosing. Once your selected products are in your virtual 'shopping cart', click on the 'Check-out' link and follow the on-screen prompts to complete your purchase. When you place your Order, we will issue you with an email conformation. Please make sure you use a valid email address when ordering.

By placing an Order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.

Information contained on the Kitchen Xchange Pty Ltd website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products; however Kitchen Xchange Pty Ltd will make every effort to supply products to you.

We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via e-mail. Please note that we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed. This is for the purpose of preventing credit card or payment fraud. Kitchen Xchange Pty Ltd reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone to let you know the availability of the goods ordered.

Payment methods and processing

Kitchen Xchange Pty Ltd accept Paypal, Visa, MasterCard and Direct Deposit. Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding public holidays.

We process credit card and PayPal payments after you click the ‘Submit My Order’ button. For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase. For direct deposit payments, your order will not be confirmed until the funds are cleared in our bank account. This can take up to three business days to process.

Please note:

  • For security reasons, we reserve the right to decline any credit cards issued by banks outside of Australia.
  • Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
  • You may be required to provide further identification for additional security reference checks.
  • If your PayPal payment is funded by an echeque this may substantially delay processing your Order while payment clears.

GST

Kitchen Xchange Pty Ltd purchases include GST unless otherwise stated on a product listing.

Prices

Kitchen Xchange Pty Ltd always seeks to list products with the most competitive prices, starting with RRP.  Kitchen Xchange Pty Ltd reserves the right to change prices for products displayed at Kitchen Xchange Pty Ltd at any time.

All displayed prices are in Australia dollars ($AUD) unless otherwise labelled.

Supply of your products

Subject to these Terms and Conditions, we will supply to you the products indicated on your Order Confirmation. If a product becomes unavailable you will be contacted either by phone or e-mail.

When your Order items have been dispatched, we will email you to confirm shipment of each item, and to provide you with a tracking number for each item. It is your responsibility to examine the contents of your order when it is delivered prior to providing acceptance to the carrier. If there is any damage to the goods, you must inform the carrier at the time of delivery. Kitchen Xchange Pty Ltd accepts no responsibility or liability for damages incurred during shipping if they are not identified at the time of delivery. Our shipping partners do not accept liability or responsibility for damage incurred during shipping if you have accepted them without inspection.

Our liability

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of products by Kitchen Xchange Pty Ltd and there are no warranties, conditions or other terms that are binding on us except as expressly stated in these Terms and Conditions. Any warranty, condition or other term concerning our products which might otherwise be implied into or incorporated in these Terms and Conditions by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Kitchen Xchange Pty Ltd. Any unauthorised assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Kitchen Xchange Pty Ltd for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Kitchen Xchange Pty Ltd, to the replacement of the product(s) or the re-supply of the same product(s); the payment of the cost of replacing the product(s) or of acquiring equivalent product(s).

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

Kitchen Xchange Pty Ltd reserves the right to change the Terms and Conditions of sale at any time.

No Kitchen Xchange Pty Ltd employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force majeure

Kitchen Xchange Pty Ltd shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Kitchen Xchange Pty Ltd, and Kitchen Xchange Pty Ltd shall be entitled to a reasonable extension of time for the performance of such obligations.

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