Website Terms and Conditions

 

General Terms and Conditions

These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from www.kogan.com.

Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

Which terms and conditions apply?

Some Products You Order on the Website are offered and supplied by Kogan Australia Pty Ltd ABN 53 152 570 351 ("Kogan Australia"), and some Products You Order are offered and supplied by Kogan HK Limited (Company Registration Number: 1659337) registered in Hong Kong ("Kogan HK"). The website Product listing states the offeror and supplier of each Product. Products which are offered and supplied by Kogan Australia are referred to herein as "KA Products".

Products which are offered and supplied by Kogan HK are referred to herein as "Kogan HK Products".

It is important to note that different Terms and Conditions apply in respect of Orders for KA Products than those which apply in respect of Orders for Kogan HK Products. Where you place an Order for Kogan HK Products to be delivered outside of Hong Kong, you will be the importer of the Kogan HK Products into your jurisdiction.

If you do not understand these Terms and Conditions or if you have any questions, including which Products are supplied by Kogan Australia, and which Products are supplied by Kogan HK, then please email our team at sales@kogan.com.au, and a representative will be happy to help you.

Terms and conditions for KA Products →

Terms and conditions for Kogan HK Products →

Terms and conditions for Kogan Mobile products

Terms and conditions for KA Products

These Terms and Conditions constitute a contract between the customer (You) and Kogan Australia.

1. Agreement

1.1

In these Terms and Conditions "We", "Our" or "Us" means Kogan Australia; 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

If you are under the age of eighteen (18) years you cannot place Orders with Kogan Australia. 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.

3.4

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

Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:

  1. by agreement between You and Us in writing or by email; or
  2. in accordance with clause 7.4.
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. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

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. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of your Order (Purchase Contract).

6.2

Orders will be deemed to have been received by Kogan Australia at the time Kogan Australia sends an Order confirmation to Your nominated e-mail address.

6.3

Kogan Australia 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 Australia reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

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

Kogan Australia does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

6.7

Kogan Australia shall not 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 its affiliates), and Kogan Australia shall be entitled to a reasonable extension of time for the performance of such obligations.

6.8

Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

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.

7.4

Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

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. Kogan Australia 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 Australia. 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. Customers are permitted to cancel their Order and receive a refund in accordance with the Refunds Policy at any time prior to dispatch of the Product(s).

8.3

Kogan Australia will not 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 will deliver Products during local business hours (9am to 5pm, Monday to Friday).

8.6

Kogan Australia is not 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 (as notified to the Customer) in relation to date and time of delivery. Kogan Australia shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

8.7

Kogan reserves the right to not ship to remote or rural locations.

9. Faulty or damaged goods

Kogan Australia will repair, replace or refund faulty or damaged Products in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law.

10. Refunds and returns

10.1

Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

10.2

All refunds may take up to 10 business days to be processed.

10.3

Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.

10.4

In order to facilitate a return under he Returns Policy, please contact Us through our Help Center.

10.5

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

10.6

Returned Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.

10.7

Subject to clause 10.8, It is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

10.8

Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of:

  1. the nature of Our failure to comply with the consumer guarantee, or
  2. the size or height, or method of attachment, of the Product.

Where You are returning a Product to us, we take no responsibility for a Product lost in transit.

If subsection (b) applies, We will, within a reasonable time, collect the Products at Our expense.

11. Warranties

11.1

Each Product sold on the Website is covered by a 12 month Standard Warranty.

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

We will carry spare parts for each Product for a reasonable period, which we consider generally corresponds with the length of the Standard and/or Extended Warranty period (1, 3 or 5 years as the case may be). Kogan reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.

11.4

Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.

12. Liability

To the extent permitted by law 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; and 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.

For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

13. Intellectual Property

All Intellectual Property in any Material on the Website is the property of KOGAN.COM PTY LTD. 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

By placing your Order or otherwise contacting Kogan Australia, 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 KA Products or Kogan HK 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 & Credit Notes have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.

15.2

Gift Vouchers & Credit Notes may be redeemed by entering the voucher code into the Gift Card field at checkout. Gift cards will not be refunded.

16. Miscellaneous

16.1

Title and risk in the KA Products pass to You at the point of dispatch or embarkation by KA to Your courier.

16.2

Kogan Australia reserves the right to make changes to the Kogan Australia Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

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 KA Products from www.kogan.com, these KA 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.

Terms and conditions for Kogan HK Products

These Terms and Conditions constitute a contract between the customer (You) and Kogan HK Limited (Company Registration Number: 1659337) registered in Hong Kong ("Kogan HK").

1. Agreement

1.1

In these Terms and Conditions "We", "Our" or "Us" means 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 and Kogan HK Products means purchased from Kogan HK 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 Kogan HK Products.

1.3

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

2. Legal capacity

If you are under the age of eighteen (18) years you cannot place Orders with 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

Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:

  1. by agreement between You and Us in writing or by email; or
  2. in accordance with clause 7.4.
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. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

5.2

All weights and dimensions of Kogan HK 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. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of your Order (Purchase Contract).

6.2

Orders will be deemed to have been received by Kogan HK at the time Kogan HK sends an Order confirmation to Your nominated e-mail address.

6.3

Kogan HK 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 HK reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

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.

If you have received notification that your item has been processed, all refunds and cancellations are subject to the terms of our Returns Policy

6.6

Kogan HK does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

6.7

Kogan HK shall not 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 HK (or its affiliates), and Kogan HK shall be entitled to a reasonable extension of time for the performance of such obligations.

6.8

Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

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.

7.4

Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

8. Delivery and ownership of the goods

8.1

You hereby appoint Kogan HK as Your agent solely to engage a courier on Your behalf to receive the Kogan HK Products at the point of dispatch or embarkation and deliver them to You.

We try to ensure that all Kogan HK Products are delivered to Your courier in a prompt and timely manner. However, from time to time, it is possible that there may be delays in dispatch or embarkation of Kogan HK Products. Kogan HK does not accept any liability for loss or damage suffered by anyone as a result of any such delays nor for any delay by Your courier in delivering the Kogan HK Products to You.

8.2

The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Kogan HK. 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. Customers are permitted to cancel their Order and receive a refund in accordance with the Refunds Policy at any time prior to dispatch of the Product(s).

8.3

Kogan HK is not responsible for the delivery times of Kogan HK Products. Once Kogan HK Products have been dispatched, it is Your responsibility to liaise with Your courier in relation to date and time of delivery. Kogan HK shall not be liable for any inaccuracy of information provided to You relating to the date and time of delivery.

8.4

Kogan reserves the right to not ship to remote or rural locations.

9. Faulty or damaged goods

Kogan HK will repair, replace or refund faulty or damaged Products in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law.

10. Refunds and returns

10.1

Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

10.2

All refunds may take up to 10 business days to be processed.

10.3

Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.

10.4

In order to facilitate a return under the Returns Policy, please contact Us through our Help Center.

10.5

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

10.6

Returned Kogan HK Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.

10.7

Subject to clause 10.8, It is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

10.8

Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of:

  • the nature of Our failure to comply with the consumer guarantee, or
  • the size or height, or method of attachment, of the Product.

Where You are returning a Product to us, we take no responsibility for a Product lost in transit.

If subsection (b) applies, We will, within a reasonable time, collect the Products at Our expense.

11. Warranties

11.1

Each Kogan HK Product sold on the Website is covered by a 12 Month Standard Warranty.

11.2

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

11.3

We will carry spare parts for each Product for a reasonable period, which we consider generally corresponds with the length of the Standard and/or Extended Warranty period (1, 3 or 5 years as the case may be). Kogan reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.

11.4

Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.

12. Liability

To the extent permitted by law 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; and 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.

For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

13. Intellectual Property

All Intellectual Property in any Material on the Website is the property of KOGAN.COM PTY LTD. 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

By placing your Order or otherwise contacting 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 KA Products or Kogan Hong Kong 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 & Credit Notes have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.

15.2

Gift Vouchers & Credit Notes may be redeemed by entering the voucher code into the Gift Card field at checkout. Gift cards will not be refunded.

16. Use of Kogan HK Products in Your jurisdiction

16.1

It is Your responsibility to ensure that it is lawful to import the Kogan HK Products into Your jurisdiction and/or use them in Your jurisdiction. It is Your responsibility to obtain any permits for, or make any modifications to, the Kogan HK Products so as to enable them to be imported into or used within Your jurisdiction.

16.2

Kogan HK reserves the right to make changes to the Kogan HK Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

17. Miscellaneous

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 Kogan HK Products from Kogan HK, these 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 Kogan HK Products will be delivered. You will be the importer of record for the purpose of customs and border processing. As the importer of the Kogan HK Products, you agree that you are liable to pay such taxes with respect to the Kogan HK 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 Kogan HK 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 Kogan HK Products pass to You at the point of dispatch or embarkation by Kogan HK to Your courier.

17.7

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

 
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