By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.
About These Terms and Conditions
In these Terms and Conditions “we”,”our”, and “us” means “Kitchen Mojo”, and “you” means “you, the customer” and “you, the user of the website”.
- The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Kitchen Mojo.
- This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of us and we are not responsible for the contents of any such information or website. We provide such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us. You rely on such information or websites entirely at your own risk.
- Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of placing an order with us or as are source in making a decision to purchase from us and we retain all copyright and other proprietary notices contained in the Contents.
- You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms and Conditions.
- You are not authorised, without our prior written permission and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.
- No trademark (whether registered or otherwise) that is contained on this site or otherwise used by us may be used without our prior, specific, written permission or that of the trademark owner.
- Content on our website should be used as a guide only. While every effort has been made to ensure the accuracy of prices, specifications, images and information displayed on this site, we are not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order.
- All stock availability representations are accurate to the last known stock level but are subject to change at any time. If for any reason we cannot supply a particular item we will notify you as soon as possible.
- You agree that you will not, (either yourself or through any third party):
- use any robot, spider, screen scraper, data aggregation tool or other automatic device or manual process or automated process to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without our prior written permission;
- use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party;
- use any information on or accessed through the Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;
- use any service, software, process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;
- reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Website; or
- copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the Website without our prior written permission.
Legal Capacity To Transact
- If you are under the age eighteen (18)years you cannot place orders with us. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18)years.
- Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with us.
Placing Your Order
- By placing an Order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. No information on our website constitutes or should be deemed as an offer by us to supply any products; however we will make every effort to supply products to you.
- We will notify you that your order is being processed by sending you an Order Confirmation & Tax Invoice via email; however, we do not formally accept your offer until your order has passed our internal processes.
- We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email and/or telephone.
- If we are unable to contact you (we will email and call in all cases so please ensure you supply the correct contact information) or if we leave a message and we do not hear back from you by the time required to send your order (which is determined at the discretion of sales assistant based on our knowledge of shipping times and your required delivery date), we reserve the right to accept part of your offer (i.e. supply only part of the order). If this occurs we will refund the part of the order not supplies. If you selected regular post to ship your order we will not refund the postage as it is a fixed rate however if you selected express post to ship your order we will refund the incremental shipping cost incurred by you for these items which will appear on the picking slip included with your order.
- We reserve the right to edit or cancel orders or part thereof at our sole discretion.
- We reserve the right to refuse service, terminate, remove, edit, or cancel accounts at our sole discretion.
- All prices for our products are in Australian Dollars and include GST.
- The price of products shown excludes shipping costs as shipping costs are added separately to your order once you advise your shipping preference and location.
- We reserve the right to change prices for products at any time. This may include items in your “Shopping Cart” which can be checked at the point of purchase before you submit your payment information. If you store items in your cart for purchase at a later time, it is recommended that you review them prior to purchasing them. You agree to pay the price current at the time of payment.
- Prices of products placed in the ‘basket’ but not paid for are also subject to change and you agree to pay the price current at the time of payment.
- Prices on our website are usually the same as in our store/s however on occasion they may vary from those in our store/s. Prices on our website are provided solely for website purchases and some products may have pricing variability due to their ease or difficulty in shipping.
- We may from time to time provide Discount Codes to existing and/or new customers at our discretion.
- Discount Codes can only be used on our website and not in our retail store/s unless stated otherwise.
- Discount Codes may have additional terms and conditions that accompany them when they are issued.
- Discount Codes are valid for 12 months from date of issue unless stated otherwise however Discount Codes may be terminated any time at our discretion without notice.
- Each Discount Code cannot be used in conjunction with any other offer. Only 1 Discount Code can be used per order.
- Discount Codes offering a discount on an order only apply to the ordered items and exclude the shipping costs. i.e.No discount is offered on shipping unless stated otherwise.
- Discount Codes can only be used by the issued recipient unless stated otherwise.
- Discount Codes are redeemable for the stated offer only and cannot be converted into cash.
- If an order where a Discount Code was used is refunded, the refunded monies will be at the discounted price and not the retail price.
Refund & Returns Policy
- Change Of Mind or Order Placed in Error – If you purchase a product/s from Kitchen Mojo online and you change your mind, placed the order in error, added a product in error,or you do not use some of the products, we will in some cases offer a refund, credit or exchange of the item on a goodwill basis only. “Change of Mind” returns are conditional upon the following;
- Items are in a suitable condition for resale
- The quantity of items being refunded are not a large quantity (The determination of what is considered a large quantity will be our sole discretion)
- The item is not a costume, costume accessory, wigs, masks, perishables (e.g., food, candy), cosmetics / makeup, undergarments or hosiery. Due to health regulations these items cannot be resold after they are returned
- The item is not; a custom and personalised items, helium tank, oversized item or life-size cut-outs.
- The item was not discounted in any way
- The item was not purchased as part of an order that had a discount code applied to the whole order.
- We reserve the right to apply a 10% re-stocking fee.
- We reserve the right to refuse to refund, credit or exchange for any reason including if we deem the products not to be suitable for resale or are in too large a quantity to sell within a reasonable period of time.
- You ensure all original packaging, cables, manuals, accessories and other items that came with item to be returned and that the product is in condition for resale as new. If we deem at our discretion that all the required packaging, cables, manuals, accessories and other items are not with your returned item, we may reject the return claim
- We reserve the right to determine if you are entitled to a refund, exchange or credit for “Change Of Mind” returns.
- Shipping is provided by a third party courier or post service as an additional service for your convenience and as such this is non-refundable.
- Please contact us if you would like to return your order and please keep in mind that it is not a requirement of a retailer to accept a return of an entire order, it is a gesture of goodwill.
- Faulty or Damaged Products – All products that are sold by us are checked as part of our process in completing your order. On rare occasions items do become”damaged” as part of transporting the goods to you. A refund or replacement for a faulty product is conditional on the following;
- You must notify us of a faulty or damaged product immediately within 48 hours of it being discovered and before an event date you specify in our checkout process. If you do not specify a date of your event on your order, you must notify us of a Faulty or Damaged product within 5 working days of your order. It will be at our discretion to provide a refund for products if your initial contact with us regarding an issue is after your event. It is our company policy not to provide a refund if we cannot easily and clearly confirm products have not been used.
- You must keep evidence of the faulty product and the carton in which it was shipped until we advise on your requested refund or exchange. We will require a photo of the product and package for insurance purposes to prove the issue. If the photo is insufficient we may request additional photo’s. If you dispose of the item before we approve (or reject the claim), we reserve the right to reject your claim.
- We will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer, supplier, or us are followed.
- The limit of the compensation for a faulty product will be the replacement or refund of that faulty product once it has been returned to us.
- We reserve the right to inspect and test a product to determine if it is in our opinion faulty or damaged. It is at our discretion that we determine if an item is damaged or faulty.
- The delivery time for a replacement product starts from when we confirm that we will replace your product and will then follow the same as if the product was being dispatched as a normal order, however the dispatch times may vary if we need to source the product for you in which case we will notify you of delays.
- In the rare event that a product is Faulty or Damaged, please send an image of the Faulty or Damaged product to us within 3 working days of originally notifying us of the issue. We may request that the product be sent back to us. If we require the product to be sent back to us and we find that the product is faulty we will provide a full refund (or we can send a replacement if you prefer) of the product and the shipping incurred for sending the product back to us. If the product is found to be in good working order, a refund will not be provided and you would be required to pay the shipping to have the product sent back to you.
- It is your responsibility to ensure that defective goods are suitably packaged for return shipping and include all original packaging, cables, manuals, accessories and other items that came with it. If we deem at our discretion that all the required packaging, cables, manuals, accessories and other items are not with your returned item, we may reject the return claim.
- Order Issue – If you have any other problems with your order please contact us before your event date or within 3 working days of receiving your order, whichever is the earlier date. If you contact us after this time we reserve the right to refuse a refund if we cannot adequately prove an issue has occurred.
- We will not be liable for any claim, injury, cost or liability (whether direct or indirect), loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind arising from use of our website, use of our products, use of our services, use of a third parties information, use of a third parties product, use of a third parties service and whether caused by tort (including negligence), breach of contract or otherwise.
- 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.
- We operate and distribute from our Queensland location. These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and shall be subject to the non-exclusive jurisdiction of the courts of Queensland. If you choose to access this site from another location, you are responsible for compliance with applicable laws in Queensland.
- As electronic services are subject to interruption or breakdown, access to our Website is offered on an “as is” and “as available” basis only.
- We may impose limits or restrictions on the use you may make of our Website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms and Conditions, we may change or remove the Website, functionality or services at any time without notice
- You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent from us. Any unauthorised assignment shall be deemed null and void.
- We shall not be liable for any delay in performing any of its obligations under these Terms & Conditions if such delay is caused by circumstances beyond the reasonable control of us, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
- No employee or agent for us has the authority to vary any of these Terms and Conditions.
- We reserves the right to change these Terms and Conditions at any time without notice. By continuing to use this site after any revision becomes effective, you agree to be bound by these revised Terms and Conditions.
- Neither our failure nor your failure to enforce any Terms and Conditions constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Terms and Conditions.
- If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.