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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.

It is important to note that where you place an Order for Products to be delivered outside of Hong Kong, you will be the importer of the Products into your jurisdiction.

These Terms and Conditions constitute a contract between the customer (you) and Kogan HK Limited (Company Registration Number: 1659337 and ABN: 51 158 959 794) 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.

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 HK. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

3.1

The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

3.2

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

3.3

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

4. Pricing

4.1

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

4.2

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

5. Product Specifications

5.1

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

5.2

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

6. Orders

6.1

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

6.2

Orders will be deemed to have been received by Kogan 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 may cancel Your Order at any time prior to dispatch of the Products.

6.5

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

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.

7. Payment

7.1

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

7.2

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

7.3

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

8. Delivery and ownership of the goods

8.1

We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Kogan HK 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 HK 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 HK 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 HK will deliver Products during local business hours (9am to 5pm, Monday to Friday).

8.6

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

9. Faulty or damaged goods

Kogan HK will repair or replace faulty or damaged Products in accordance with the Warranty Terms and Conditions.

10. Refunds and returns

10.1

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

10.2

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

10.3

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

10.4

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

10.5

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

10.6

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

11. Warranties

11.1

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

11.2

Extended Care is 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 the length of the Standard Warranty and/or Extended Care period (1, 3 or 5 years as the case may be). We do not guarantee the availability of spare parts outside of these periods. Where a Product is outside of warranty, Kogan HK reserves the right to refuse to supply spare parts where 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.

13. Intellectual Property

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

Use of Products in Your jurisdiction

16.1

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

16.2

The Customer warrants that it will not use the Products in any unlawful manner, or for any unlawful purpose, according to the laws of Your jurisdiction.

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 Products from www.kogan.com, 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 Products will be delivered. You will be the importer of record for the purpose of customs and border processing. As the importer of the Products, you agree that you are liable to pay such taxes with respect to the Products to the relevant authority in addition to your payment to us under the General Terms and Conditions above. It is your responsibility to determine whether any such taxes apply in your destination country for delivery or the country from which the Products are shipped. You agree that Kogan HK is not 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 Products pass to the Customer at the point of dispatch or embarkation by Kogan HK to its nominated courier company.

17.7

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

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