Terms & Conditions of use

1. Acceptance of Terms
   By using the Simply Kitchenware Web Site you are agreeing to abide by the Terms of Service below. For purposes of these Terms and Conditions, the Simply Kitchenware Network is defined as all English language, Australian based web sites, web pages, and channels controlled and/or operated by Simply Kitchenware including, without limitation, the www.simplykitchenware.com.au web sites. These rules and guidelines have been created to protect you and to ensure that Simply Kitchenware is safe and can be enjoyed by everybody. By agreeing to these terms, you are taking responsibility for your own actions.
   
   By accessing and using the websites operated by Simply Kitchenware, you agree to these terms, conditions and disclaimers as amended from time to time ("Terms") and acknowledge that you have read and understand these Terms. If you do not agree with these Terms, do not use any of the Simply Kitchenware websites.
   
   Simply Kitchenware reserves the right to change any content on the website or the Terms at any time and from time to time, by updating this page within any Simply Kitchenware website. As you are bound by any such amendments to the Terms and Conditions, you should therefore periodically check the current Terms and Conditions.
   
   
2. Ordering
   An order by you is an offer by you to purchase a particular product at the price and delivery charges specified in the details of that order. The order must contain your name, email address (if available), landline number & shipping address, so that Simply Kitchenware can process your order. Simply Kitchenware reserves the right to accept or reject your order for any reason, including, without limitation, an error in the price or an error in the product description posted on the site or the unavailability of any product. There maybe reasons why we cannot fulfill your order, therefore your contract with Simply Kitchenware only comes into existence when Simply Kitchenware advises you that it has accepted your order and your payment has been confirmed. Further identification may be requested to support purchase at time of order.
   
   
3. Prices and Products
   Prices, availability of products and delivery charges may change at any time and are subject to availability.
   
   
4. Invoice Payments
   While every reasonable measure is taken to ensure the correctness of invoice payments made using the simplykitchenware.com.au website, it is your responsibility to ensure the correct invoice number and related amount is entered.
   
   
5. Refunds and Problem Resolution
   If you believe an error has occurred, either on your invoice or during the payment process such as entering incorrect values, please contact us to arrange resolution of the issue, or a refund in the case of over payment.
   
   
6. Title/Risk
   Simply Kitchenware will retain title to the products you order until you have made payment in full for those products. The liability for product defects and delivery issues remain the responsibility of the merchant who picked and dispatched each unique product within the order. Simply Kitchenware does not have liability for products represented on behalf of merchants using the eMatrix payment gateway.
   
   
7. Delivery
   Simply Kitchenware will use their best efforts to meet the scheduled delivery time, but cannot guarantee to meet those delivery times in every case. Simply Kitchenware will not have any liability to you if any part of your order fails to satisfy in whole or in part the scheduled delivery time.
   
   
8. Export
   There are no export restrictions on the software or services provided by Simply Kitchenware.
   
   
9. Disclaimer
   You may have certain rights and remedies available to you in relation to the provision by Simply Kitchenware of goods and services on the afore mentioned Simply Kitchenware websites under the Trade Practices Act and similar state and territory legislation in Australia which cannot be excluded, restricted or modified ("Basic Rights"). Except as provided by the Basic Rights: • all other conditions and warranties either express or implied by custom, law or statute are excluded; • all Content is provided without any warranties of any kind, either express or implied;
   
   Simply Kitchenware does not warrant that your access to any Simply Kitchenware website or the functions contained in any content will be uninterrupted or error free, that any defects will be corrected or that the Simply Kitchenware website or the server which stores and submits content to you are free of viruses, malicious computer code transmitted on or through Simply Kitchenware or other harmful component;
   
   Simply Kitchenware does not represent that any information (including any file) obtained from or through this Web site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Simply Kitchenware will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Simply Kitchenware, that liability shall be limited to the cost of re-supplying that information.
   
   Simply Kitchenware expressly disclaims the accuracy of all descriptions and specifications of the products. This disclaimer in no way affects the terms of the manufacturers warranty, if any;
   
   Simply Kitchenware expressly disclaims the currency, accuracy or completeness of any Content or any information provided by third parties on or through Simply Kitchenware expressly disclaims the currency, accuracy or completeness of any Content or any information provided by third parties on or through Simply Kitchenware.
   
   
10. Limitation of Liability
    To the extent permitted by law, under no circumstances will Simply Kitchenware be liable for any damages whatsoever, whether direct, indirect, punitive, special, or consequential damages or loss of profits that are directly or indirectly related to the use of, or the inability to use, the Simply Kitchenware website, even if advised of the possibility of such damages or that such damages were foreseeable.
    
    Where Simply Kitchenware is unable to exclude liability for breach of any implied warranty or condition by virtue of any statute, then its liability shall be limited to: in the case of goods supplied or offered, any one or more of the following (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 the cost of having the goods repaired; or • in the case of services supplied or offered by Simply Kitchenware (i) the supplying of the services again; or (ii) the payment of the cost of having these services supplied again.
    
    
11. Participation in promotions of advertisers
    From time to time, Simply Kitchenware will communicate, via email, items that may be of interest to you as a user of this Web site if and only if you have agreed upon registration or subsequently to receive such emails. Simply Kitchenware may also sell or make available to advertisers on-line advertising and/or sponsorship using the pages of this Web site. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Web site.
    
    Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the you and the advertiser. Simply Kitchenware assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
    
    
12. Termination
    Your ability to purchase products and services from the Simply Kitchenware Web Site may be terminated at any time by Simply Kitchenware without notice. All restrictions, licenses and the like granted by you and all disclaimers and limitations of liability by Simply Kitchenware will survive termination.
    
    Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue use of this Web site.
    
    
13. Security
    Under accepted codes of conduct operating within the banking industry, your bank cannot hold you liable for more than $50.00 of fraudulent charges, unless your actions have contributed to the unauthorized use of your credit card.
    
    In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
    
    
14. General
    These Terms (and the agreement thereby constituted by your access, browsing or use) will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally agree to the non-exclusive jurisdiction of the courts of that state.
    
    Any provisions of these Terms shall for any reason be held to be unenforceable or invalid in any respect under any law then such unenforceability or invalidity shall not affect any other provision of these Terms and these Terms shall be constituted as if such unenforceable law and valid provisions had never been contained herein.
    
    Any party engaging in illegal activities involving the use of this Web site will be subject to civil and criminal prosecution. Simply Kitchenware cannot guarantee that it will be able to prevent any illegal or inappropriate use of this Web site, nor can Simply Kitchenware guarantee that it will give advance notice or warning of any illegal or inappropriate use of this Web site.
    
    All rights not expressly granted in these Terms are reserved.