Terms and Conditions | Commercial Kitchen Company eShowroom

The following is the Agreement which applies to your use of web pages, software, networks and processes associated with the Website, including the purchase of Goods using the online purchase service operated by Commercial Kitchen Company (“Commercial Kitchen Company, us or we”). By browsing through the Website you agree to the terms of this Agreement. Please note that the Agreement may be amended in the future and you should review it every time you access the Website.

INTERPRETATION
1. In these terms and conditions:
  “Accounts” means the personalised account created by you on the Website enabling the Order of Goods.
  “Agreement” means these terms and conditions, including the terms of any Order placed by you through the Website (if applicable).
  “Goods” means any products described in an Order and includes packaging.
  “Intellectual property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including photographs, videos, multimedia or films) or service marks (in each case whether registered or registrable).
  “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or used in connection with the Website.
  “Order” means a request submitted by you to purchase Goods from Commercial Kitchen Company through the Website.
  “Website” means the Internet site located at commercialkitchencompany.com.au operated by Commercial Kitchen Company.
2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa, paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified. All references to dollar amounts are references to Australian dollars.
SPECIFIC WARNINGS
1. You must ensure that your access to, or use of, the Website is not illegal or prohibited by laws, which apply to you.
2. You must take your own precautions to ensure that the process, which you employ 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. Commercial Kitchen Company takes no responsibility for any such damage which may arise in connection with your use of the Website.
LINKED WEBSITES
1. The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Commercial Kitchen Company will not be responsible for the content or privacy practices associated with linked websites.
CUSTOMER ACCOUNT
1. You must create an Account before placing an Order for Goods through the Website.
2. You warrant that all information and data provided by you in the creation of your Account is accurate and up to date.
3. You must notify Commercial Kitchen Company immediately if you become aware of any unauthorised use of your password or of any other security breach relating to your Account.
PRICING
1. Prices displayed on the Commercial Kitchen Company website are subject to change without notice. Prices for items on an order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retroactively applied to accepted Orders.
2. All pricing displayed on the Website is for online purchases only and may not be matched at any physical Commercial Kitchen Company retail location.
3. All pricing displayed in any or all physical Commercial Kitchen Company retail locations may not be matched by the Website.
4. You agree to pay the delivery charges specified at the time you submit your Order.
5. If an error is made or a product is listed at an incorrect price, Commercial Kitchen Company shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, Commercial Kitchen Company shall immediately issue a refund.
ORDERS
1. You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and pressing the “Complete Order” button. Orders will be deemed to have been received by Commercial Kitchen Company at the time we send an Order confirmation to your nominated e-mail address.
2. Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.
3. Commercial Kitchen Company reserves the right to not accept Orders that request commercial quantities of Goods. If Commercial Kitchen Company is unable to supply your total Order this Agreement will apply to the supply of all or part of the Order.
4. Commercial Kitchen Company will use its best endeavours to supply Orders placed through the Website, however Commercial Kitchen Company reserves the right to cancel any Order without notice for any reason.
5. In the event of a canceled Order, any payments processed by Commercial Kitchen Company will be promptly refunded.
6. Customers who wish to cancel an Order must notify Commercial Kitchen Company at sales@commercialkitchencompany.com.au by 9am on the next business day following the date of Order, quoting the Order reference number.
7. You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances, Commercial Kitchen Company accepts no responsibility.
8. For international orders please email customer service sales@commercialkitchencompany.com.au. Payment by direct deposit only. Insurance for delivery of goods is required for all international orders. Allow ten working days for direct deposit clearance.
PAYMENT
1. You may provide your nominated PayPal or credit card details during the purchase process described on the Website.
2. Once you submit your payment details by pressing the “Complete Order” button. Commercial Kitchen Company will process payment for the Goods (plus any delivery charges) using your nominated credit card (Visa or MasterCard) through our PayPal Portal.
3. You authorise Commercial Kitchen Company to debit such amount from your nominated credit card or PayPal account.
4. If your nominated credit card or PayPal account is declined by your financial institution, Commercial Kitchen Company will not be able to guarantee the delivery of the Goods, and may contact you to make alternative payment and delivery arrangements.
5. Commercial Kitchen Company may decide at any time not to accept payment from you by credit card or PayPal for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment by another method that is acceptable to Commercial Kitchen Company.
DELIVERY, RISK AND TITLE IN THE GOODS
1. Commercial Kitchen Company will use its best endeavours to deliver the Goods to your nominated delivery address within the time period specified at the time of placing your Order, however Commercial Kitchen Company will not be liable to you or anyone else for any losses suffered or incurred due to delay.
2. An authorised signatory needs to be at the delivery address to sign for and receive the goods.
3. The goods shall be at the customers risk from the date of delivery or the date upon which the customer is notified the goods are available for delivery, whichever comes first. If the customer fails or refuses to take delivery of the goods, the customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by Commercial Kitchen Company as a result thereof, including all storage and handling costs and Commercial Kitchen Company, at its discretion may charge a restocking fee of 25% of the purchase price.
FAULTY OR DAMAGED GOODS
1. All Damaged & faulty goods must be reported to Commercial Kitchen Company within 24hrs of delivery. Please email claims to sales@commercialkitchencompany.com.au. Failure to do so may result in rejection of claims and as a result all additional charges incurred by Commercial Kitchen Company in replacing the goods will be passed onto the customer. Commercial Kitchen Company at its discretion may charge a restocking fee of 25% of the purchase price. Check all items before signing for them. Do not sign for and accept delivery if goods are obviously damaged in transit.
2. Commercial Kitchen Company will use its best endeavours to repair or replace any faulty Goods, or Goods damaged prior to delivery.
3. Damaged or faulty Goods will be repaired or replaced (at the discretion of Commercial Kitchen Company) or where repair or replacement of damaged or faulty Goods is not possible (in the opinion of Commercial Kitchen Company) a full refund will be issued for the value of the damaged or faulty Goods.
4. All damaged and faulty goods must be returned to Commercial Kitchen Company.
RETURNS
1. Other than in accordance with clause 9, Commercial Kitchen Company will only accept the return of Goods that have been supplied incorrectly or vary from their description on the Commercial Kitchen Company website.
2. All other returns must be returned in “As new” condition in the original carton it was received in. Failure to do so Commercial Kitchen Company will charge the customer a restocking fee of 25% of the purchase price.
3. If the return is the nature of incorrect choice by the customer, the customer is responsible for the return of the goods and will be charged a 25% restocking fee.
INTELLECTUAL PROPERTY
1. All Intellectual Property in any Material on the Website is the property of Commercial Kitchen Company, its advertisers or third party providers. Unless expressly authorised under this Agreement, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
INDEMNITY
1. You waive, release, discharge and relinquish any and all claims that you now have or may have against Commercial Kitchen Company which are connected with, arise out of, relate to or are incidental to the use of the Website.
2. You agree to indemnify Commercial Kitchen Company and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Commercial Kitchen Company arising out of or in connection with the Website by any other person as a result of your, or any person using your password:
  - Act or omission;
  - Breach of this Agreement; or
  - Infringement of any Intellectual Property on the Website.
LIMITATION OF LIABILITY
1. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Commercial Kitchen Company (in negligence or otherwise) is limited (at the option of Commercial Kitchen Company) to the resupply of goods or services, or the cost of having the goods or services supplied again. Commercial Kitchen Company shall not be liable for any indirect or consequential loss.
2. Nothing in these terms and conditions is intended to limit or exclude any liability on Commercial Kitchen Company’s part where and to the extent that applicable law prohibits such exclusion or limitation.
TERMINATION
1. Commercial Kitchen Company may terminate or suspend this Agreement at any time by sending you a notice by e-mail to your nominated e-mail address advising that your Account has been suspended, such termination to be effective the day the notice is received or such later date as specified in the notice.
PRIVACY
1. Commercial Kitchen Company (“Commercial Kitchen Company”) is committed to protecting the privacy of your personal information not only because of our legal and ethical commitment to compliance with the law but because we know that you care how information about you is used and shared. We do not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this Privacy Statement.
2. We collect and hold the following types of personal information.
3. Information about individuals who are customers or target customers as given to us by those individuals or obtained in the public domain from other sources such as magazines and newspapers.
4. Information about roles, means of communication with and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.
5. The information is held in hard copy and electronic records in data storage systems which permit lawful access only by those company officers, employees and contractors who need access to perform their functions. It is destroyed when it is no longer useful or it is unreliable and cannot be corrected.
6. We gather personal information about you for the purposes of:
  - marketing, supplying or delivering our products to you;
  - carrying out repair work which you have requested;
  - improving and developing our products; and
  - expanding our business.
7. We share personal information with wholly owned subsidiaries of Commercial Kitchen Company and as described below. All Commercial Kitchen Company subsidiary companies are subject to this Privacy Statement and follow practices described in this Privacy Statement.
8. We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party contractor to deal with customer enquiries, product orders and deliver our products to you. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.
9. You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact our Administration Manager at sales@commercialkitchencompany.com.au. A $25 administration fee will be charged for the retrieval of any personal information.
10. Any information collected about you through this website is used exclusively for the purpose of processing orders, improving your shopping experience, or to communicate with you regarding products and services and special promotions. We will only collect personal information to the extent deemed reasonably necessary to serve our legitimate business purposes. We will store any information that you provide securely and will not sell or release it to any other business or person.
GENERAL
1. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
2. A failure or delay by Commercial Kitchen Company to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Commercial Kitchen Company does not preclude its future exercise or the exercise of any other power or right.