1. Agreement

1.1

In these Terms and Conditions "We", "Our" or "Us" means both Kogan Australia and Kogan HK; and "You" or "Your" means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.

1.2

By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.

1.3

The Agreement together with your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.

2. Legal capacity

2.1

If you are under the age eighteen (18) years you cannot place Orders with Kogan Australia or Kogan HK. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

3.1

The Website 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.

3.2

You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

3.3

You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

4. Pricing

4.1

All prices displayed on the Website are subject to change at any time without notice.

4.2

All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.

5. Product Specifications

5.1

Features and specifications of Products described or depicted on the Website are subject to change without notice.

5.2

All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.

6. Orders

6.1

You may place an Order by following the instructions on the Website.

6.2

Orders will be deemed to have been received by Kogan Australia or Kogan HK (as the case may be) at the time Kogan Australia or Kogan HK (as the case may be) sends an Order confirmation to Your nominated e-mail address.

6.3

Kogan Australia and Kogan HK are online businesses and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4

Kogan Australia and/or Kogan HK (as the case may be) may cancel Your Order at any time prior to dispatch of the Products.

6.5

In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

6.6

Neither Kogan Australia nor Kogan HK accepts any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

6.7

Neither Kogan Australia nor Kogan HK shall be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Kogan Australia or Kogan HK (or their affiliates), and both Kogan Australia and Kogan HK shall be entitled to a reasonable extension of time for the performance of such obligations.

7. Payment

7.1

You may provide your nominated credit card during the purchase process described on the Website.

7.2

Payment for Orders will be processed immediately upon confirmation of Your Order.

7.3

If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

8. Delivery and ownership of the goods

8.1

We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Neither Kogan Australia nor Kogan HK accepts any liability for loss or damage suffered by anyone as a result of any such delays.

8.2

The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Kogan Australia or Kogan HK (as the case may be) and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order.

8.3

Neither Kogan Australia nor Kogan HK will deliver Products to PO Box addresses.

8.4

Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.

8.5

The couriers or postal services nominated by Kogan Australia and Kogan HK will deliver Products during local business hours (9am to 5pm, Monday to Friday).

8.6

Neither Kogan Australia nor Kogan HK is responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Kogan Australia or Kogan HK (as notified to the Customer) in relation to date and time of delivery. Neither Kogan Australia nor Kogan HK shall be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

9. Faulty or damaged goods

9.1

Both Kogan Australia and Kogan HK will repair or replace Faulty or Damaged Products in accordance with these Terms and Conditions and the applicable Standard Warranty or Extended Warranty.

9.2

Where a Good is a Faulty or Damaged Good within the first 7 days after delivery or is already a Faulty or Damaged Good upon delivery, and the Customer notifies Us of the nature of the fault or damage within the first 7 days after delivery, then Kogan Australia or Kogan HK (as the case may be) will:

1. replace the Faulty or Damaged Good with a replacement Good; or
2. if neither Kogan Australia nor Kogan HK is able to provide a replacement Product, We will refund the Customer the purchase price including the Delivery Cost.

9.3

Where a replacement Good is available, and the Customer elects to receive a refund instead of a replacement Good, the refund will be for the amount of the purchase price excluding the Delivery Cost.

9.4

The 7 Day period will commence on the date that the Customer accepts delivery of their Product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.

9.5

Outside of this 7 Day period, faults will be dealt with in accordance with the applicable Standard or Extended Warranty and/or relevant contractual terms implied by statute.

9.6

Where Products are already Faulty or Damaged Products upon delivery, We require photographic evidence of the damage to be submitted to Kogan Support via the Help Center before authorising return of the Products.

9.7

Each of Kogan Australia and Kogan HK (as the case may be) reserves sole discretion to determine whether the Products are Faulty or Damaged Products in accordance with this clause 9. Both Kogan Australia and Kogan HK reserve the right to have a Good assessed by an authorised repair centre of Kogan Australia's choice.

9.8

Each of Kogan Australia and Kogan HK (as the case may be) may seek reimbursement of any costs incurred when the Product is found to be in good working order.

10. Refunds and returns

10.1

All refunds under these Terms and Conditions may take up to 10 business days to be processed.

10.2

Other than in accordance with the 7 Day Money Back Guarantee, refunds are strictly limited to those available under clauses implied by statute.

10.3

In order to facilitate a return under these Terms and Conditions, submit a Help Center email to Support AU.

10.4

The Customer must comply with directions from staff to facilitate a return.

10.5

Returned Products must be returned in their original packaging with all accessories, and must be in a re-saleable condition.

10.6

It is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

11. Warranties

11.1

Each Product sold on the Website is covered by a 12 month Standard Warranty. The warranty terms and conditions can be viewed here →

11.2

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

11.3

To the extent permitted by law, the Standard Warranty is provided in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.

11.4

We will carry spare parts for each Product for the length of the Standard and/or Extended Warranty period (1, 3 or 5 years as the case may be). We do not guarantee the availability of spare parts outside of these periods. Where a Product is outside of warranty, both Kogan Australia and Kogan HK reserve the right to refuse to supply spare parts where limited stock is available.

11.5

Statutory conditions and warranties may apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.

11.6

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

12. Liability

12.1

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.

12.2

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.

13. Intellectual Property

13.1

All Intellectual Property in any Material on the Website is the property of Kogan Australia. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

14. Privacy

14.1

By placing your Order or otherwise contacting Kogan Australia or Kogan HK, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Kogan Products or Other Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy →

15. Gift Vouchers

15.1

Gift Vouchers have a validity of 12 months from the date of purchase.

15.2

Gift Vouchers may be redeemed by submitting a Help Center email to Sales AU and providing the invoice number for the transaction. Gift vouchers will not be refunded.

16.1

Title and risk in the Kogan Products pass to the Customer on signing for delivery of the Products.

16.2

Kogan Australia reserves the right to make changes to the Kogan Australia Website and these Terms and Conditions without notice.

16.3

Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

16.4

A failure or delay by Kogan Australia to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Kogan Australia does not preclude its future ability to exercise that or any other power or right.

16.5

Insofar as they apply to the ordering, purchase, fulfilment and delivery of Kogan Products from www.kogan.com, these Kogan Product Terms and Conditions and General 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.

16.6

No Kogan Australia employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

17.1

Kogan HK reserves the right to make changes to the Kogan HK Website and these Terms and Conditions without notice.

17.2

Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

17.3

A failure or delay by Kogan HK to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Kogan HK does not preclude its future ability to exercise that or any other power or right.

17.4

Insofar as they apply to the ordering, purchase, fulfilment and delivery of Other Products from www.kogan.com, these Other Product Terms and Conditions and General 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.

17.5

In respect of any Order, certain taxes may be levied by the destination country to which your Other Products will be delivered. You will be the importer of record for the purpose of customs and border processing. As the importer of the Other Products, you agree that you are liable to pay such taxes with respect to the Products to the relevant authority in addition to your payment to us under the General Terms and Conditions above. It is your responsibility to determine whether any such taxes apply in your destination country for delivery or the country from which the Products are shipped. You agree that neither Kogan Australia nor Kogan HK is liable to you with respect to any loss, damage, cost, expense or injury you incur as a result your obligation to pay taxes in a particular jurisdiction.

17.6

Title and risk in the Other Products pass to the Customer at the point of dispatch or embarkation by Kogan HK to its nominated courier company.

17.7

No Kogan HK employee or agent has the authority to vary any of the Terms and Conditions governing any sale.