Terms & Conditions

 

"InTheKitchen"
Standard Customer Terms and Conditions

1. User agreement

1.1. This agreement is formed between you and Patricia Lyons trading as "InTheKitchen" (ABN 2122 4790 720).

1.2. By visiting and/or using the inthekitchen.com.au website, associated services and functionality ("website") you agree to be bound by this agreement ("agreement")

1.3. InTheKitchen may modify this agreement at any time and such modifications shall be effective immediately upon posting the modified agreement on the website.

2. Registration

2.1. In order to make purchases, submit comments and access some features of the website, you will need to be a registered member.

2.2. You may not use another member’s account without permission.

2.3. When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.

2.4. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

2.5. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.

3. Legal Capacity

3.1. By making a purchase through the website you warrant to InTheKitchen that you are over 18 years of age.

3.2. Should InTheKitchen suffer any loss or damage, as a result of a transaction entered into by a minor, InTheKitchen reserves the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

4. Supply of website services to You / Termination

4.1. InTheKitchen reserves the right to change the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.

4.2. We may stop (temporarily or permanently) providing access to the website to you at our discretion and without prior notice to you.

4.3. We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.

5. Disclaimer

5.1. We will provide services with due care and skill but we do not warrant to you that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the content and/or website including, but not limited to, loss or damage you might suffer as a result of:

5.1.1. errors, mistakes or inaccuracies on the website;

5.1.2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

5.1.3. personal injury or property damage of any nature resulting from your access to, and use of, the website;

5.1.4. defamatory, harmful, offensive or unlawful conduct of any user of the website;

5.1.5. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

5.1.6. any interruption or cessation of transmission to or from our website;

5.1.7. any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or

5.1.8. the merchantability or fitness for any purpose of any good or service of any linked sites.

5.2. We do not warrant to you, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.

5.3. Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:

5.3.1. in the case of goods:

5.3.1.1. the replacement of the goods or the supply of equivalent goods;

5.3.1.2. the repair of the goods;

5.3.1.3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

5.3.1.4. the payment of the cost of having the goods repaired; and

5.3.2. in the case of services:

5.3.2.1. the resupply of our services, or

5.3.2.2. the payment of the cost of resupply of our services.

 

6. Use of website by you

6.1. You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.

6.2. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with InTheKitchen's prior written consent.

6.3. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.

6.4. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.

6.5. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

7. Information on this website

7.1. Information about goods and services on the website is based on material provided by suppliers and product manufacturers and InTheKitchen does not check the truth of this information.

7.2. You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by manufacturers or suppliers.

7.3. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

8. Orders

8.1. We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received.

8.2. Once placed, you cannot cancel your order.

9. Price

9.1. The prices of products, delivery and other charges shown are in Australian dollars and do not include GST.

9.2. Prices of products are current at time of display but are subject to change.

10. Payment

10.1. All payments must be received in full prior to products being shipped. Please read the Payment section of the website for payment options.

10.2. If your payment is not received or declined by your bank or credit card issuer, we cannot hold products against your order.

10.3  InTheKitchen currently accepts payments through SunCorp Bank's Off-site Virtual Point of Sale (known as Mastercard Internet Gateway Service) and Bank Transfer (MasterCard/Visa/Bank transfer) only.

11. Delivery of InTheKitchen Products

11.1. Delivery time takes up to 10 working days from the date your payment is received. Please note that BPAY payments take 1-2 business days to process.

11.2. Where you have purchased a Product that is dispatched from our overseas warehouse, delivery time after payment processing may take up to 3 weeks.

11.3. InTheKitchen makes every effort to deliver your Product according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.

11.4. Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here.

11.5. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Postl) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.

11.6. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.

11.7. Title and risk of loss to all Products will pass to you on delivery.

11.8. We cannot be held liable nor responsible for any loss suffered as a result of a InTheKitchen product not being received by you, for example, because the order-confirmation-email was blocked by a firewall or filter, or where you told us the wrong email address.

15. Guarantees

15.1. Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees.

15.2. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.

15.3. If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:

- reject the goods and receive a refund

- reject the goods and receive an identical replacement, or one of similar value if reasonably available, or

- keep the goods and receive compensation for the drop in value caused by the problem.

15.4. If you think that a Product is defective you should contact us and we will assist you. A photo may be requested to assist with the assessment of your claim. Where a Product is defective and needs to be replaced or repaired return shipping will be arranged at the expense of InTheKitchen. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.

16. InTheKitchen's liability

16.1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.

16.2. You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.

16.3. To make any submission or contribution to this website, you must register to become a member. You do not have to register if you only want to view content.

16.4. As a member, you agree that you are responsible for any content submitted, posted or made available through the website via your account and you must not post (or allow content to be posted through your account that):

16.4.1. you do not have the right to post;

16.4.2. is defamatory or in contempt of any legal or other proceedings;

16.4.3. is misleading or deceptive;

16.4.4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;

16.4.5. denounces religious or political beliefs;

16.4.6. includes religious or political material which is or is likely to be offensive;

16.4.7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;

16.4.8. infringes any copyright, trade mark, patent or other intellectual property right of another person;

16.4.9. contains any unsolicited or unauthorised advertising or promotional material;

16.4.10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or

16.4.11. impersonates any person or misrepresents your relationship with any person.

16.5. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content without giving any reasons.

16.6. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

17. Links to third party websites

17.1. The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

18. Intellectual property

18.1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.

18.2. Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.

18.3. We do not claim ownership of content members submit. However, by contributing content to the website you automatically grant, and you represent and warrant to InTheKitchen that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.

18.4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.

19. Transfer and Assignment

19.1. If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

20. Indemnity

20.1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

21. General Provisions

21.1. We shall 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.

21.2. This agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia, and to the Federal Court of Australia sitting in Queensland.

21.3. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

21.4. If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.