Terms and Conditions
Online Terms and Conditions
These terms and conditions are a contract between the consumer (You) and Kruger ANZ Pty Ltd (Kruger ANZ) ABN 91132340302 Ground Floor, 620 High Street, Kew VIC 3101.
Agreement and Definitions
- In these Terms and Conditions “We”, “Our” or “Us” refers to Kruger ANZ; and “You” or “Your” pertains to the person who accepts and acknowledges these Terms and Conditions, by using the Website www.expressishop.com.au, including associated software, networks and processes, including the purchase of product.
- The follow apply to these Terms and Conditions:
Capsule means any capsule bearing the K-fee Expressi logo;
Order means a request by you to purchase products from the Website in accordance with these Terms and Conditions;
Products means the items offered for sale, described or displayed on the Website;
Price means the purchase price of each Product as specified on the Website (for the avoidance of doubt, including GST);
Website means www.expressishop.com.au
- By browsing the Website or placing an Order, You agree to these Terms and Conditions as described, which will constitute a legally binding Agreement between Us and You for the supply of products.
- The Agreement cannot be varied unless we agree to alter it in writing or by email.
- If you are under the age of eighteen (18) years you cannot place Orders with Us.
- By accepting this Agreement, You acknowledge that You are aged 18 years or over. Proceeding with the transaction is acknowledgement of the age compliancy.
- The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We accept no responsibility for the content or privacy practices associated with such linked other websites.
- We accept no responsibility if Your access and use of the Website contravenes any laws governing Your usage.
- You must take precautions to ensure that Your method 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 accept no responsibility for any such damage which may arise in connection with Your use of the Website.
- By placing an Order on the Website You are accepting a binding offer to purchase Product(s) for the Price (including GST and all shipping costs) as indicated.
- Orders will be deemed to have been received by Us at the time We send an Order confirmation to Your nominated email address.
- In completing the Order request You agree to provide complete and accurate personal details to enable the effective processing and delivery of Your Order. This information will also be used by third party delivery agents to complete the delivery transaction.
- We accept no liability for Your loss or any loss of any third party for delay or failure to process, fulfil or deliver Product(s) to You (or Your nominated recipient) on an Order due to incomplete or inaccurate personal details provided.
- You also approve consent to Us when You provide personal details of recipient of gifts Ordered by You.
- We in Our absolute discretion reserve the right to reject any Order You place with Us, and/or to limit quantities on any Order, without giving reason. In the event We reject an Order, make a change to an Order, or limit an Order, we will attempt to notify You by email.
- Where You have provided an incorrect or incomplete delivery address for Your Order, any additional charges or fees for redirected or subsequent delivery attempts will be Your responsibility.
- We shall not be liable for any delay in performing any of its obligations under this Agreement.
- All Product Pricing include GST and does not include shipping costs. Once an Order has been accepted by Us the Product Price cannot be altered unless there is a written agreement between You and Us in writing or by email or in accordance with incorrect pricing on website.
- Prices displayed on the website are subject to change without prior notification.
- Despite Our best efforts, on occasion it may be possible that a Product in Our range may be incorrectly priced on the Website. If 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 the Order. If a Product’s correct price is lower than the Price on the Website, We will charge the lower Price 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.
- Your delivery charges will be calculated automatically by clicking the “Add to Cart”button on the Product(s) You would like to purchase, then enter Your post code at the bottom of the checkout page. Please note this does not in any way commit You to making a purchase.
- Standard delivery charges apply to Orders to be despatched to Major cities, customers residing outside of these areas will incur additional charges. For further information please contact Us.
- The carriers nominated by Us will deliver Product(s) during local business hours (9am – 5pm Monday to Friday).
Delivery Conditions and Supply Demand
- Delivery area constitutes Australia. Most Orders are despatched within 3 business days of You receiving the Order confirmation email. Delivery times may vary depending on the carrier and the ordered item. Please refer to Your confirmation email for specific information regarding Your delivery details including the tracking consignment identification number which can be used to track Your Order via the nominated carrier’s website. For further information please contact Us.
- We accept payment by all methods indicated on the Website. When paying by Credit Card You authorise Us to debit Your nominated account at the time You submit the Order.
Product Specification and Availability
- All screen images contained on the website are simulated unless otherwise indicated.
- We accept no liability for unavailability of stock.
- Selected items may sell out due to high demand. We reserve the right to limit purchases to reasonable quantities.
- We accept no responsibility and liability for Product(s) damaged during transit. Any request for compensation will need to be directed by You to the nominated carrier.
- We will provide refunds upon Product return pursuant to current Australian Consumer Law namely, if the Products you purchased:
- Are not of merchantable quality; and
- Not fit for purpose.
- Please contact Us to initiate a return.
- All freightage costs associated with return of Product(s) will be Our responsibility.
- Returned Product(s), under the Returns Policy must be returned in their original packaging with all the accessories and proof of purchase.
- It is Your responsibility to ensure that returned items are returned safely. We accept no responsibility or liability for Product(s) lost in transit.
- All refunds will be processed within a reasonable time frame upon receipt of the returned Product.
- We are committed to protecting your privacy and uphold consumer rights as outlined in the Australian Privacy Principles (APPs) contained in the Privacy Act 1988. By using this website you agree and consent to the collection, use, holding and disclosure of personal information by Us as indicated in this policy.
Disclaimers and Limitation of Liability
By using the Site, you expressly agree that use of the Site is at your sole risk.
To the full extent permitted by law, We exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
To the full extent permitted by law, We exclude all representations, warranties or terms (whether expressed or implied) other than those expressly set out in these Terms.
These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, We limit Our liability in respect of any claim to, at Our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired.
We do not warrant that use of the Site will be uninterrupted or error-free.
We do not warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site.
No oral advice or written information given by Us shall create a warranty.
We are not liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Site and or the Products, including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance.
The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if We have been advised of or should have knowledge of the possibility of such damages.
All content included on or comprising Our Site including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under Australian and international copyright laws which We own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
One or more trademarks are pending that apply to this site.
Our logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with Our permission and may not be reproduced, copied, or manipulated in any manner without the express, written Our approval.
We appreciate any product reviews, information or material submitted to the Website (“content submissions”). All content submissions sent to Us will be deemed not to be confidential.
You must not use this Website to:
(a) Make content submissions that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);
(b) Interfere with other users or prevent any other person from using or enjoying the Site;
(c) Defame, harass, threaten or offend any person;
(d) Make fraudulent or speculative enquiries, purchases or requests;
(e) Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings.
By using this Site, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to Us or any other third party using this Site is non-confidential. By submitting any solicited or unsolicited information using Our Site, you grant Us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.