Warranty Terms and Conditions

Standard and Extended Warranty Terms and Conditions

Please e-mail support@kogan.com.au for all warranty and product support requests.

These Terms and Conditions constitute a contract between the customer (you) and each of Kogan Australia Pty Ltd ABN 53 152 570 351 ("Kogan Australia") and Kogan HK Limited (Company Registration Number: 1659337) registered in Hong Kong (“Kogan HK”) (Kogan Australia and Kogan HK are collectively referred to as “Kogan”).

These terms and conditions apply to Standard and Extended Warranties of Products from www.kogan.com.au

Some Products You Order on the Website are offered and supplied by Kogan Australia, and some Products You Order are offered and supplied by Kogan HK. Please read the Website Terms and Conditions for further information.

It is important to note that Kogan Australia supplies and supports all warranties relating to Products which are noted as being offered and supplied by Kogan Australia (“Kogan Products”). Kogan HK supplies and supports all warranties relating to Products which are noted as being offered and supplied by Kogan HK (“Other Products”). Unless otherwise specified, Kogan Products genrally carry the brand “Kogan” or are associated ancillary items such as cables, cabinets, keyboards and wall mounts, and Other Products carry brands other than “Kogan” – these may include, but are not limited to, Products which carry the following brands, “Canon”, “Nikon”, “Apple”, “Samsung”, “BlackBerry”, “Motorola”, "HTC" and “ASUS”, and associated ancillary items such as SD cards and cables.

Please note that you must keep your original product packaging in order to be eligible for our pick-up service. In the event that you do not have the original packaging, you will bear the responsibility for safely packaging your Product for transport and Kogan accepts no liability for any damage that may occur in transit.

Warranty Terms
Standard Warranty
Extended Warranty
General

1. Warranty Terms

1.1 Subject to the terms and conditions set out below, Kogan Australia and Kogan HK agree to repair or replace the Kogan Product or Other Product (as the case may be) which it supplied to you at its own cost, in circumstances where the Product does not perform in accordance with Kogan's specifications during:

(a) the Standard Warranty period of 12 months, commencing on the date of delivery (or deemed delivery) of the Product; or

(b) the applicable Extended Warranty period specified, commencing on the date of delivery of the Product (if purchased in accordance with clause 3 below).

1.2 This contractual product warranty is additional to, and does not operate to limit rights under, the statutory warranties, rights and remedies referred to in clause 4 below.

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2. Warranty Conditions

2.1 Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the Standard or Extended Warranties.

2.2 Kogan requires any customer requesting service under the Standard or Extended Warranties to comply with directions from Kogan staff in relation to troubleshooting any issue and facilitating any repair or replacement under these Warranty Terms and Conditions.

2.3 Kogan reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided the Product or part replaced becomes the property of Kogan. Kogan may replace parts with refurbished parts. Replacement of the Product or a part under the Standard Warranty or Extended warranty does not extend or restart the Standard Warranty or Extended Warranty period.

2.4 If Kogan is unable to repair or replace the Product, the customer will be provided with credit for Kogan's store or may be refunded the price of the Product (at Kogan's election). This credit or refund will be for the amount of the purchase price of the Product excluding the associated Delivery Cost.

2.5 Where Kogan authorises warranty service of a Product, Kogan will organise for our authorised courier to pick up the Product during business hours (between 9am and 5pm, Monday to Friday) and deliver it to the appropriate authorised repair centre, provided that the Product is safely packaged in all its original packaging for safe transport. In this situation Kogan will cover the cost of transport of the serviced Product to and from the Customer. Alternatively, the Customer may take the Product to the appropriate repair centre for service if Kogan specifically authorises the Customer in writing to do so. Alternately, the Customer may post the Product as directed by Kogan if Kogan specifically authorises the Customer in writing to do so, in which case Kogan will refund the Customer the cost of the postage on provision of a scanned copy of the postage receipt.

2.6 Kogan reserves the right to determine which authorised repair centre (including Kogan’s internal repair facility) is the appropriate service location in any particular circumstance.

2.7 The Product will be at the Customer’s risk while in transit to and from the Kogan Authorised Repair Centre.

2.8 Kogan may seek reimbursement of any costs incurred by Us where the Product is found to be in good working order.

2.9 Kogan reserves reasonable discretion to determine whether any Product is or is not performing in accordance with the Kogan’s specifications, subject to applicable law.

2.10 The Standard and Extended Warranties are transferrable to a new owner of a Product originally purchased from www.kogan.com.au, provided Kogan is informed by e-mail to sales@kogan.com.au within 7 days of the date of transfer.

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3. Extended Warranty

3.1 Extended Warranties are available for purchase for some Products, as listed on the Website. These Extended Warranties may be purchased up to 14 days after delivery of Your Products.

3.2 Where an Extended Warranty is purchased, it will replace the 12-month Standard Warranty period with the extended warranty period (for example, either 3 or 5 years).

3.3 Kogan is entitled to terminate the Extended Warranty by e-mail notice to the Customer in the event that, in Kogan’s opinion, the Product is used contrary to its specifications, in which case Kogan will pay a pro-rata refund for the unexpired period of the Extended Warranty less administration expenses.

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4. General

4.1 Legislation may imply warranties or conditions or imposes obligations on Kogan, which cannot be excluded, restricted or modified in relation to consumer goods.

4.2 To the full extent permitted by law, but subject always to clause 4.1, the Standard Warranty and Extended Warranty will not apply in respect of a Product:

(a) If the Product has not been installed, operated, maintained or used in accordance with the manufacturer's instructions or specifications provided with the Product;

(b) If the factory-applied serial number has been altered or removed from the Product;

(c) To damage, malfunction or failure resulting from alterations, accident, misuse, abuse, fire, liquid spillage, mis-adjustment of customer controls, use on an incorrect voltage, power surges and dips, thunderstorm activity, force majeure, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product;

(d) To damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the Customer, unless otherwise specified in these Warranty Terms and Conditions;

(e) To any third-party software or hardware not contained in the Product as originally configured by the manufacturer;

(f) To any incidence of defective pixels (i.e. dead or stuck pixels) that arise for LCD TVs and Digital Photo Frames, except as determined by Kogan to denote an LCD panel fault (and except as covered by the Website Terms and Conditions). For more information on stuck and dead pixels, please see our Televisions FAQ on the Website;

(g) To any failure, to the extent that the failure is not a failure of the Product to perform in accordance with its specifications;

(h) To replacement or repair of any consumables (including batteries, projector lamps and cables), or lost parts or accessories;

(i) To service and support of any software operating system or application installed on any Product, except to assist in restoring the Product to its factory default settings; or

(j) To service of any product whilst it is outside Australia.

4.3 To the full extent permitted by law, but subject always to clause 4.1:

(a) Kogan will not be liable for any loss, damage or alterations to third party hardware, software, programs, data and/or information stored on any media or any part of the Product, no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage.

(b) Kogan’s aggregate liability in respect of all claims under the Standard Warranty and Extended Warranty shall not exceed the original purchase price of the Product or, at Kogan’s option, replacement of the Product with a like or similar Product.

4.4 Insofar as they apply to warranties relating to Kogan Products supplied by Kogan Australia, these Standard and Extended Warranty Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.

4.5 Insofar as they apply to warranties relating to Other Products supplied by Kogan HK, these Standard and Extended Warranty Terms and Conditions are governed by and must be construed according to the law of Hong Kong and the parties submit to the jurisdiction of the courts of Hong Kong.

4.6 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.

4.7 Kogan can be contacted by telephone at 1300 304 292 or at 71-73 Thistlethwaite Street, South Melbourne VIC 3205.

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