Website Terms and Conditions

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
  • Kogan HK Limited (Company Registration Number: 1659337) registered in Hong Kong (Kogan HK); and
  • Kogan Travel Pty Ltd ABN 56 604 539 979 (Kogan Travel).

The website Product listing states the offer or 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. Services which are offered and supplied by Kogan Travel are referred to herein as Kogan Travel Products.

It is important to note that different Terms and Conditions apply in respect of Orders for KA Products, Kogan HK Products and Kogan Travel 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, Kogan HK, and Kogan Travel 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 Travel 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 Returns 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 Returns 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 HK Products or Kogan Travel 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.

Terms and conditions for Kogan Travel

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

1. Agreement

1.1

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

1.3

The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Kogan Travel 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 Travel. 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. Placing Orders

4.1

The promotion of Kogan Travel Products for accommodation, tours or travel related services on the Website does not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase either: a voucher for particular accommodation, tours and/or travel related services under the terms and conditions in this Agreement, and any third party supplier terms and conditions at the price specified.

4.2

Accommodation, tours or travel related services are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.

4.3

To the extent permitted by law We reserve the right to accept or reject Your offer for any reason (or no reason) including, but not limited to, the unavailability of any service or Product, an error in the price or product description, or an error in Your Order.

4.4

You must review Your Order carefully before placing it. Once an order is confirmed, you are able to cancel or change it within 14 days of purchasing. After this time, Our normal booking conditions apply. Once you make a booking reservation with the supplier of the promoted Product deal, it is then not changeable and not refundable. This applies even if You want to cancel within the 14 day period after purchasing because you have made a booking which is then not changeable and not refundable.

4.5

If You have any problems with Your booking, You may contact Our Support Team at support@kogantravel.com

4.6

Please note that as a general rule, We will not refund Your purchase where You have made an error. In the event that We cancel or are unable to fulfil Your Order (including because accommodation, tours or travel related services have become unavailable or We cease selling the product for any reason whatsoever), We will provide a full refund of any payment received. Except as required by law (including the Australian Consumer Law), We will not be liable to You for any other loss, such as any additional costs associated with you purchasing from another provider at a higher price.

5. Price, Payment and Use of Booking Codes

5.1

The prices of vouchers, accommodation, tours, and travel related services shown are in Australian dollars and include GST where applicable. Prices are current at the time of display but are subject to change.

5.2

All payments must be received in full prior to a Booking Code being issued. If Your payment is not received or is declined by Your bank or credit card issuer, We cannot and will not hold Your Order. In such instances We do not guarantee that the Product will be available should You try to order it again.

5.3

A Booking Code may only be redeemed (used to book with the supplier) once. These codes may not be used in conjunction with any other discounts. Only one Booking Code may be used per Order.

6. Booking Codes Use and Redemption

6.1

Your Booking Code for the Products shown on Your Order confirmation will be accessible via email. Your Booking Code is the Order Confirmation number displayed and emailed to you once payment is complete. We cannot be held liable or responsible for any loss suffered as a result of a Booking Code not being received by you due to circumstances beyond Our reasonable control.

6.2

The service supplied by Kogan Travel in exchange for Your payment is the provision of a Booking Code. Any Kogan Travel Product You purchase shall be redeemable only for the specified accommodation or services from the relevant supplier of the accommodation and services and shall only be available for redemption during the period specified on the offer. The supplier, and not Kogan Travel, is the seller and supplier of the accommodation/services to which the Booking Code relates and is solely responsible for honouring any Kogan Travel Product You purchase. In relation to offers provided by a third party on redemption of a Kogan Travel Booking Code, you recognise that the third party is the supplier of the offer, and not Kogan Travel.

6.3

The Kogan Travel Booking Code does not function as a stored-value card and cannot be redeemed incrementally. The Kogan Travel Booking Code cannot be exchanged or redeemed for cash. The Kogan Travel Booking Code cannot be combined with any other credits, vouchers or promotions unless otherwise specified by the supplier.

6.4

Neither Kogan Travel nor the supplier is responsible for lost or stolen Booking Codes or fraudulent use (by a person other than Kogan Travel or the supplier) of the unique Booking Code.

6.5

Kogan Travel Product offers may contain specific terms and conditions in the listing relating to the Product that supplements, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the specific terms and conditions and this Agreement, the specific terms and conditions will prevail.

7. Availability of Accommodation and Services and Scheduling

7.1

You agree and acknowledge that: where suppliers offer services on the basis of ‘subject to availability’ or an experience based on an itinerary or schedule of events, the scheduling of or Order for those events may vary from time to time; the suppliers of certain types of experiences may impose conditions such as a minimum age or other restrictions regarding weight, health or other factors.

7.2

It is Your responsibility to confirm details of any restrictions that may apply from the supplier prior to finalising any booking and confirm that you are able to comply; photographs appearing on Our website to illustrate details of offers of suppliers are generally those made available to Us by suppliers or chosen by Us. They are intended to be indicative only of the accommodation, location, services, facilities, and attractions at which services are offered by suppliers.

For example, they may depict only one of various rooms, facilities and attractions at which the offer is located in or nearby Your accommodation. This may not be the room type, location or facility applicable to Your chosen version of the offer; a representation on the website that services will be available over a range of dates does not preclude You from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice.

8. Bookings and Cancellations

8.1

All Products promoted on the Website are offered by suppliers subject to availability and all require being booked in advance. For the redemption of all Booking Codes, We recommend making bookings as soon as possible once the deal is purchased. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at Your preferred date and time.

8.2

You may cancel for any reason within 14 days of purchase if You do not make a booking within that time, whether because Your preferred dates were not available or for any other reason. After this time, Our normal booking conditions apply. Once you make a booking reservation with the supplier of the promoted deal, it is then not changeable and not refundable. This applies even if you want to cancel within the 14 day period after purchasing because you have made a confirmed booking which is then not changeable and not refundable.

8.3

Suppliers reserve the right to cancel and reschedule Your booking due to unforeseen circumstances. Except as required by law (including the Australian Consumer Law), We will not be held liable for such events and We will not reimburse You for any travelling, accommodation or other expenses incurred by You or any other person.

9. Returns Policy

9.1

The Australian Consumer Law provides certain guarantees to consumers when they purchase accommodation or services and these guarantees cannot be excluded, restricted or modified. These guarantees include services being rendered with due care and skill, being fit for purpose and being supplied within a reasonable time.

9.2

Our aim is to provide You with a great experience at a significantly discounted price. Our team works hard to seek out these great deals, but We rely heavily on the suppliers to deliver the accommodation and services as described in the offer. Although We cannot control the suppliers and are not responsible for their actions, We will use reasonable endeavours to try and satisfactorily resolve any dispute You may have with a supplier. We may try to resolve Your complaint by means other than a refund, such as by organising for the supplier to offer reasonable alternatives, or by extending the Booking Code's redemption period. If We successfully resolve Your complaint a refund will not be issued.

9.3

Unless otherwise specified in the specific terms and conditions of a Product listing on the Website, all Products sold on the Website are sold subject to a specified Validity Period in the Product listing, during which the accommodation and services offered shall be available to be booked regardless of whether Your preferred booking dates are available or not. Travel, Tours, Accommodation and other offers are also sold subject to a Book By date in the Product listing, which specifies the date by which you must contact the supplier with Your Booking Code to secure a booking.

If You fail to contact the supplier within any advertised Book By date, Your voucher will be void and non-refundable. Kogan Travel Booking Codes expire on the Book By date indicated on the offer. The expiry date is referred to as the 'Book By' date on the Product listing on the Website. Expired Booking Codes (those not used by the Book By date) are non-refundable in whole or part. Once expired, Kogan Travel Booking Codes are no longer valid and may not be honoured by the supplier. You must ensure you use Your Kogan Travel Booking Code within the validity period stipulated on the Kogan Travel Product listing on the Website.

9.4

We may issue you with a refund to the value of Your purchased Kogan Travel offer (at Your election) where: a) We have made an error on an advertised deal, including where We have: withdrawn or cancelled the deal for any reason; b) mistakenly included an incorrect term, or omitted a key term in the Fine Print; or posted a deal on the Website in error; c) you have reason to believe that a technical error caused, or contributed to, the purchase or multiple purchases of Kogan Travel offers, and where the request for refund is issued through the Kogan Travel Support Team within 14 days of the date of purchase AND you have not yet made a booking; d) or the Supplier’s business has gone into external administration (including receivership or liquidation), permanently closed, or has temporarily closed for an extended period of time.

9.5

Refunds may not be issued where the supplier has one or more other locations within reasonable proximity and of a similar or higher quality that can service the Kogan Travel Product offer. In addition, you may also be eligible for a Refund to the value of Your purchased Kogan Travel Product offer where: the supplier fails to provide the accommodation or services through fault or circumstances beyond their reasonable control, or the accommodation or services provided are not as described in specific terms and conditions contained on the Product listing on the Website (for example by adding additional restrictions or conditions, or by providing alternate accommodation or services) unless You accept the alternative accommodation or services in place of the accommodation or services sold with the offer; You have been unable to redeem Your Kogan Travel offer, despite making reasonable attempts to do so during the offer validity period. However You must provide reasonable evidence of Your attempt to use Your Booking Code for the offer, and Your claims will be assessed on a case-by-case basis; or We, at Our sole discretion, believe Your situation warrants a refund.

9.6

We will not issue refunds in the following circumstances: a) You have changed Your mind, unless this is within 14 days of purchase and you have not yet made a booking with Your Booking Code; b) You are unable to redeem Your offer due to fault or circumstances of Your own beyond the control of either Kogan Travel or the supplier; c) You have previously submitted a payment chargeback request to Your financial institution that We have accepted.

10. Complaints Process / How to Claim a Refund

10.1

We only work with suppliers We know and trust, however sometimes things don't go according to plan and We are committed to ensuring that We do whatever possible to resolve any problems that do arise.

Upon receipt of any concerns or complaint, We will endeavour to resolve the issue on Your behalf. If it cannot be resolved, We will provide a remedy in accordance with these terms and conditions and Your statutory rights.

10.2

Any request for a refund outside Our 14 days from purchase guarantee must be submitted through the Kogan Travel Support Centre or alternatively as We advise at Our discretion.

10.3

Your refund request must, where applicable: include the Kogan Travel Booking Code; include a detailed description of Your experience or issue; and be received by us by the last day of the Validity Period or ’Travel By’ period (except as otherwise specified in this Agreement).

10.4

We may verify the details of Your Refund request with the provider, and by asking You to provide more information and proof. Where We issue a refund, it will be issued via the same payment method that you used to purchase the offer or otherwise as determined by Us.

10.5

Any refund issued to you is not an admission of guilt or liability by Kogan Travel. Where We conclude that a refund request is invalid, We may refuse the request. If you have any concerns before, during or after Your trip, please contact us at support@kogantravel.com and We will do Our best to assist you in finding a satisfactory solution.

10.6

For more information please see the Kogan Travel Complaints Handling Policy and Procedures.

11. Kogan Travel Guarantee

The following Guarantee only applies where it is specifically stated in the Product listing on the Website that it is applicable to the relevant Kogan Travel Product.

If, within 14 days of purchasing Your Kogan Travel offer (Guarantee Period) You have been unable to secure Your preferred travel and/or accommodation dates (including flights), We will issue You with a full refund (using the payment method used for purchase) to the face-value of Your voucher purchase only. You must contact Kogan Travel via the Support Team within the Guarantee Period in order to claim under the Booking Guarantee. This Guarantee does not apply if a booking is confirmed using your Kogan Travel Booking Code within the 14 day guarantee period.

12. AFTA & ATAS Member

Kogan Travel is accredited under the ATAS Accreditation Scheme - Membership number A12439, and is a Full Member of the Australian Federation of Travel Agents (AFTA).

13. 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 Kogan Travel 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 Kogan Travel 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.

14. Intellectual Property

All Intellectual Property in any Material on the Website is the property of KOGAN TRAVEL 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.

15. Privacy

By placing Your Order or otherwise contacting Kogan Travel, 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 or Kogan Travel 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.

16. Miscellaneous

16.1

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

16.2

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.

16.3

A failure or delay by Kogan Travel 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 Travel does not preclude its future ability to exercise that or any other power or right.

16.4

Insofar as they apply to the ordering, purchase, fulfilment and delivery of Kogan Travel Products from Kogan Travel, these terms and conditions are governed by and must be construed according to the law of Victoria and the parties submit to the jurisdiction of the courts of Victoria.

16.5

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

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