Online Store Terms & Conditions
Unless the customer has another valid written agreement with DeLonghi Australia Pty Ltd (DeLonghi), the following terms and conditions of online sales apply to and govern all sales made through the Kenwood Australia website (http://www.kenwoodworld.com/en-au/).
By purchasing Kenwood products through the Kenwood Australia website, you agree to the terms below.
"Business Day" means Monday through to Friday, excluding public holidays in Australia. "Delivery" means standard DeLonghi shipping to, and arrival at, the delivery address specified in your order form (which delivery address must comply with clause 4(b) below). "Products" means DeLonghi or Kenwood products and or accessories that are available for purchase from the Kenwood Australia website at the time of your order.
"Shipment" means the period from the time the Product is ready to be loaded on transport for the purpose of Delivery, until the Delivery of the Product.
"You" means the purchaser of the Product, as identified in the Kenwood login form on the Kenwood Australia website.
2. Product Prices
Product prices are given inclusive of GST and exclude Delivery charges.
Online Shop Quoted Savings
Savings listed on any product or accessory listed on the Kenwood Australia website (http://www.kenwoodworld.com/en-au/) including the "Factory Seconds" products are calculated based on the listed price being compared to the full "Recommended Retail Price" of brand new products.
- All orders are subject to acceptance by DeLonghi, as evidenced by DeLonghi's acknowledgment as an automatically generated receipt from the website . DeLonghi reserves the right to restrict the number of items that You may purchase. The Products are offered for sale only to persons who can make legally binding contracts.
- DeLonghi will make all reasonable efforts to process the payment of Your order within 1 (one) Business Day of receiving Your order. Orders placed on the weekend or on a public holiday will not begin payment processing until the next Business Day.
- DeLonghi reserves the right to discontinue Products without notice.
- If your order is for a Product that is out of stock, DeLonghi will notify You and offer the option of a substitute Product (which may be a different price) or cancellation of Your order. If you choose to take a substitute Product, you order will be amended and a new acknowledgment will be sent to you by DeLonghi.
- Provided your delivery address complies with clause 4(b), DeLonghi will make all reasonable efforts to deliver Your Products within 14 days, or the time stipulated in Your order form. If DeLonghi is unable to deliver Your products within the specified time for any reason, it will notify you of any expected delay and offer the option of a substitute Product (which may be a different price) or a refund of the payment made. If You choose to take a substitute Product, Your order will be amended and a new acknowledgment will be sent to you by DeLonghi. Order status can be checked by logging in with your account information onto the online shop, If You have any additional queries regarding your order please contact DeLonghi Australia Pty Ltd Sales Support on 1800 126 659.
- DeLonghi will only deliver to an address within Australia. DeLonghi will not deliver to PO boxes.
5. Shipment and Risk of Loss
DeLonghi will ship according to its standard commercial practice. Risk of loss and damage to all Products will pass to You upon Delivery. Title to all Products will pass to You upon the later to occur of Delivery and when payment in full has been received from You for the Products.
6. Freight Damage Notification
Notice of transit damage must be made to DeLonghi Sales Support on 1800 126 659 within 48 hours of delivery of the Product.
Payment must be made in full using the DeLonghi Online Store approved electronic payment system at the time of placing Your order. Incomplete or partial payment will not be accepted.
9. Statutory Consumer Guarantees
- DeLonghi acknowledges that the Competition and Consumer Act 2010 contains statutory consumer guarantees that cannot be excluded. For example, consumers can rely on a guarantee that: goods are of acceptable quality and are reasonably fit for purpose; and
- services will be provided with due care and skill and are reasonably fit for their purpose.
These Terms and Conditions are not intended to exclude or restrict these guarantees.
10. DeLonghi Warranty
- In addition to the rights in clause 9 above, DeLonghi or Kenwood products sold at the Kenwood Australia website are new or as stated "Factory Seconds" and carry a DeLonghi warranty against faults and manufacture when used in normal domestic use for the period stated in the table in the Warranty section of the Kenwood Australia website, as updated from time to time. In non-domestic use DeLonghi limits the voluntary warranty to 6 months.
- If DeLonghi receives notice of faults due to a manufacturing fault during the warranty period, DeLonghi will repair, replace or refund the product at no charge and at Your option. A refund will only be provided upon prompt return of the Product to DeLonghi. This warranty excludes damage caused by misuse or neglect by You, incorrect installation by You, no fault found with the Product or work carried out by anyone other than an authorised DeLonghi Service Agent.
- DeLonghi will replace or issue a refund for DeLonghi or Kenwood accessories purchased from this website at no charge, if found to be inadvertently misrepresented due to error in detail or specifications.
- You must provide evidence of purchase in the form of your receipt to authenticate your warranty.
- The benefits to you given by the DeLonghi warranty are in addition to other rights and remedies available to you under a law in relation to the goods or services to which this warranty relates. In Australia, 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Without limiting clause 9 or 10 e) above DeLonghi or any of its officers, employees or agents shall have no other liability or responsibility to You in contract, tort, statute or otherwise for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from:
- Your use of the Product; or
- Your use of the Kenwood Australia website or any linked web site (nor does DeLonghi accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Kenwood Australia website or any linked web site), save to the extent that such loss, claim or injury arises from the negligence or wilful misconduct of DeLonghi, or any of its officers, employees or agents; and
- DeLonghi or any of its officers, employees or agents will not be liable for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from the misuse or neglect by You, incorrect installation by You, or work carried out by anyone other than an authorised DeLonghi Service Agent on the Product, including the use of the Product other than according to its written instructions and any product safety labeling or warnings provided with the Product.
11. Cancellations, Returns and Refunds
In addition to the mandatory statutory rights available to customers under the Competition and Consumer Act 2010 and other applicable consumer laws, DeLonghi will issue You a refund if DeLonghi has provided its written consent and:
- the order is cancelled prior to the Shipment of the Product; or
- the Product is returned within 30 days of purchase without being opened or damaged and in a re-saleable condition. Collection charges apply depending on the date and place of collection. DeLonghi may deduct reasonable collection charges from the amount to be refunded. Products or parts will not be accepted for return or credit without DeLonghi's written consent.
12. Customer Service Support
If You have any queries regarding your DeLonghi Online Store purchase order, Your Product or warranties, returns or refunds, or if you need support for your Product, please contact DeLonghi Sales Support on 1800 126 659.
- These Kenwood Australia website Terms and Conditions, and any disputes arising in connection with them, are governed by the laws of Australia.
- DeLonghi will not be liable for any performance delays or for non-performance of any obligation under these terms and conditions due to causes beyond its reasonable control, including forces of nature, industrial action and action or inaction by a Government Agency.
- You must not assign any of your rights or obligations under these Kenwood Australia website Terms and Conditions without the prior written consent of DeLonghi.
- Provisions of these Kenwood Australia website Terms and Conditions which by their nature extend beyond the conclusion or termination of any sale will remain in effect until fulfilled.
- Please be aware that your use of the Kenwood Australia website, and other parts of the Kenwood website, are also subject to the website disclaimer. Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.
- Your purchase of the Products will constitute your acceptance of these Kenwood Australia website Terms and Conditions. The Online Store Terms and Conditions are effective as at the date specified above and may be amended by DeLonghi from time to time. Amendments to these Kenwood Australia website Terms and Conditions will be published on the Kenwood Australia website