Kogan Website and Order Terms and Conditions
Agreement
Interpretation
Site Use
Pricing
Product Specifications
Orders
Payment
Delivery and ownership of the goods
Faulty or damaged goods
Stuck and dead pixel policy for LCD TVs and digital photo frames
Refunds and returns
Warranties
Intellectual Property
Indemnity
Liability
Privacy
Gift Vouchers
General
1.1. You should read these Terms and Conditions carefully. In these Terms and Conditions "We", "Our" or "Us" means Kogan Technologies Pty Ltd ABN 75 125 684 184 ("Kogan") and includes its directors, employees and agents; and "You" or "Your" means the person who accepts these Terms and Conditions, by using the Website and associated software, networks and processes, including the purchase of goods or services through the Website.
1.2. The Website is operated by Kogan.
1.3. 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.
1.4. The Agreement cannot be varied except in writing by Us.
2. Interpretation
2.1. In these Terms and Conditions:
“Agreement” or “Terms and Conditions” means this document and all the terms and conditions contained within it, including all the terms of any Order placed by You through the Website (if applicable).
“Customer” means the person or legal entity identified in a Kogan quote, invoice or sales document.
“Delivery Cost” means the costs associated with delivery as specified in an Order.
“Faulty or Damaged Goods” means Goods that are faulty, damaged, do not match the sample or description displayed on the Website, or are otherwise not fit for purpose.
“Goods” means the Products listed in an Order.
“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
“Order” means an offer by You to purchase a Product in accordance with these Terms and Conditions at the price specified on the Website (including Delivery Costs).
“Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
“Product” means any item listed on the Website (for sale or otherwise), including extended warranties.
“Website” means the internet site located at the URL www.kogan.com.au and operated by Kogan.
2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
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3. Site 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. Kogan is 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. Kogan takes no responsibility for any such damage which may arise in connection with Your use of the Website.
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4. Pricing
4.1 All prices listed on the Website are in Australian dollars unless otherwise specified.
4.2 All prices listed on the Website include GST unless otherwise specified.
4.3 All prices displayed on the Website are subject to change without notice. Prices for items in an Order are fixed once Your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
4.4 If a discount code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including all Goods and associated Delivery Costs.
4.5 All prices listed on the Website exclude Delivery Costs, which is shown separately in the Product page but may be recalculated depending on the number of Goods You place in an Order.
4.6 You agree to pay all Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase.
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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 mentioned are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
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6. Orders
6.1 You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and clicking the ‘confirm’ button.
6.2 Orders will be deemed to have been received by Kogan at the time Kogan sends an Order confirmation to Your nominated e-mail address.
6.3 Kogan is an online business 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 reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
6.5 Kogan, at its absolute and sole discretion, may cancel Your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
6.6 In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
6.7 Kogan reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
6.8 Kogan accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
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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, including for Products that are listed as on Pre-sale.
7.3 If Your nominated payment method triggers Kogan internal suspect transaction protocols, Kogan may contact You to confirm additional details, or rescind the transaction.
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8. Delivery and ownership of the goods
8.1 Kogan tries to ensure that all Goods 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. Kogan does not accept 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 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 Kogan will not deliver Goods to PO box addresses.
8.4 Title and risk in the Goods pass to the Customer on signing for delivery of the Goods.
8.5 Where a Customer gives written authority for Goods to be delivered without a signature, any and all included insurance cover will be voided.
8.6 Kogan’s nominated courier will deliver Goods during local business hours (9am to 5pm, Monday to Friday)
8.7 Kogan is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the Customers responsibility to liaise with Kogan’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Kogan to a Customer in relation to delivery will be from a third party, and as such Kogan does not guarantee the accuracy of such information.
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9. Faulty or damaged goods
9.1 Kogan will repair or replace Faulty or Damaged Goods in accordance with these Terms and Conditions and the applicable Kogan 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 Kogan of the nature of the fault or damage within the first 7 days after delivery, then Kogan will:
(a) replace the Faulty or Damaged Good with a replacement Good; or
(b) if Kogan is unable to provide a replacement Good, Kogan 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 Kogan 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 Kogan Standard or Extended Warranty and/or relevant contractual terms implied by statute.
9.6 Where Goods are already Faulty or Damaged Goods upon delivery, Kogan requires photographic evidence of the damage to be e-mailed to support@kogan.com.au before authorising return of the Goods.
9.7 Kogan reserves sole discretion to determine whether the Goods are Faulty or Damaged Goods in accordance with this clause 9. Kogan reserves the right to have a Good assessed by an authorised repair centre of Kogan’s choice.
9.8 Kogan may seek reimbursement of any costs incurred by Us when the Product is found to be in good working order.
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10. Stuck and dead pixel policy for LCD TVs and digital photo frames
10.1 Where an LCD TV or Digital Photo Frame shows:
(a) one or more dead pixels (these are best seen on a white background and they don't have any colour); or
(b) three or more stuck pixels (these are either white, green, red or blue),
then within the first 7 days after delivery (as defined in clause 9.4), this will be considered a fault, for the purposes of clause 9 above.
10.2 For more information on stuck and dead pixels, please see our Support FAQ.
11.1 Other than in accordance with Kogan’s 7 Day Money Back Guarantee, refunds are strictly limited to those available under clauses implied by statute.
11.2 Outside clauses implied by statute, no refunds are available for GPS map updates and other downloadable Products.
11.3 Other than in accordance with clause 9, Kogan will only accept the return of Goods that have been supplied incorrectly.
11.4 In order to facilitate a return under these Terms and Conditions, e-mail support@kogan.com.au.
11.5 The Customer must comply with directions from Kogan staff to facilitate a return.
11.6 Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
11.7 It is the Customer’s responsibility to ensure that returned items are returned safely. Kogan takes no responsibility for Goods lost in transit.
12.1 Each Product sold on the Website is covered by a 12 month Kogan Standard Warranty (The warranty details can be viewed here: www.kogan.com.au/warranty).
12.2 To the extent permitted by law, the warranties referred to in clause 12.1 are 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.
12.3 Kogan 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). Kogan does not guarantee the availability of spare parts outside of these periods. Where a Product is outside of warranty, Kogan reserves the right to refuse to supply spare parts where limited stock is available.
12.4 Certain legislation may imply warranties or conditions or impose obligations upon Kogan which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Kogan is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired.
12.5 Extended warranties are available for purchase for some Kogan Products, as listed on the Website. They may be purchased up to 14 days after delivery of your Products.
12.6 Where a Kogan Extended Warranty is purchased, it will replace the 12 month Kogan Standard Warranty with the extended warranty period (for example, either 3 or 5 years)
13.1. All Intellectual Property in any Material on the Website is the property of Kogan. 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.
14.1 You waive, release, discharge and relinquish any and all claims that you have now or may have against Kogan which are connected with, arise out of, relate to or are incidental to the use of the Website.
14.2 You agree to indemnify and to keep indemnified Kogan and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Kogan arising out of or in connection with the your use of the Website and the use of any Kogan Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
15.1 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Kogan (in negligence or otherwise) is limited (at the option of Kogan) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Kogan shall not be held liable for any indirect or consequential loss.
15.2 To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Kogan (in negligence or otherwise) is limited (at the option of Kogan) to these Terms and Conditions and those listed in related Kogan warranties.
16.1 We gather personal information about our Customers for the purposes of:
(a) marketing, supplying or delivering our Products to You;
(b) carrying out repair work (both in and out of warranty repairs);
(c) improving and developing our Products; and
(d) expanding Our business.
16.2 Kogan is committed to protecting Your privacy and personal information because of Our legal and ethical commitment to comply with relevant law and more importantly, because We know that You care how information about You may be used and shared.
16.3 Kogan will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 16.
16.4 In the process of dealing with Our Customers, We may collect and hold the following types of information:
(a) information about persons who are Customers or target Customers as given to Us by those persons, or information obtained from public domain sources such as magazines and newspapers; and
(b) information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom We deal, collected incidentally in the course of dealing with those corporations.
16.5 The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.
16.6 We may, from time-to-time, employ other companies and individuals to perform functions on Our behalf. For example We may retain a third party repairer to provide warranty repair. In these circumstances We may disclose personal information to such companies and individuals to enable them to deliver services on Our behalf.
16.7 You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If You wish to access Your personal information please contact Us at by e-mail at sales@kogan.com.au. A $30 administration fee will be charged for the retrieval of any personal information.
17.1 Gift Vouchers have a validity of 12 months from the date of purchase.
17.2 Gift Vouchers may be redeemed by contact sales@kogan.com.au and providing the invoice number for the transaction.
17.3 The value of any Gift Voucher not used will be redeemable only as a Store Credit
18.1 Kogan reserves the right to make changes to the Kogan Website and these Terms and Conditions without notice.
18.2 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.
18.3 A failure or delay by Kogan 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 does not preclude its future ability to exercise that or any other power or right.
18.4 These 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.
