Terms & Conditions
These terms and conditions outline the rules and regulations for the use of Kitchen Mojo’s Website, located at https://kitchenmojo.com.au/.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Kitchen Mojo if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Kitchen Mojo and/or its licensors own the intellectual property rights for all material on Kitchen Mojo. All intellectual property rights are reserved. You may access this from Kitchen Mojo for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Kitchen Mojo
- Sell, rent or sub-license material from Kitchen Mojo
- Reproduce, duplicate or copy material from Kitchen Mojo
- Redistribute content from Kitchen Mojo
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Kitchen Mojo does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Kitchen Mojo,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Kitchen Mojo shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Kitchen Mojo reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Kitchen Mojo a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Kitchen Mojo; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Kitchen Mojo. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Kitchen Mojo’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Removal of links from our website
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Prices & Payments
All prices on the website are in Australian Dollars. Prices are subject to change without notice
The amount payable to Kitchen Mojo for an order (order amount) will be the total of the following amounts:
- The sum of the price of each product ordered as indicated on the website at the time of submitting the order (product Subtotal)
- The cost of delivery determined in accordance with Delivery stated above, and
You must pay the Order Amount by credit card at time of submitting the order
- While we shall endeavour to keep pricing current at all times, pricing may be subject to change without notice
- Prices stated on the website are inclusive of GST
From time to time we may need to substitute an item because it is temporarily out of stock. If this happens the item will be replaced with a like item of similar or greater value.
Under the Queensland Liquor Act 1992 Section 12-14 it is legal for Kitchen Mojo to sell up to 2L only of liquor per hamper. By Australian law it is illegal to supply alcohol to persons under 18 years of age and no person under 18 years of age can sign for a delivery of a hamper containing alcohol.
Kitchen Mojo is registered for GST (goods and services tax)
Damaged Parcels or Items
In the unfortunate event of a damaged or faulty package or item, Kitchen Mojo will arrange for a replacement gift or item to be sent to you within a reasonable timeframe. Please contact Kitchen Mojo at firstname.lastname@example.org within 48 hours of receipt of the gift with details of the damage and we will discuss the best wayforward
Please note Kitchen Mojo will, at all times, honour its obligations under Australian Consumer Law.
Kitchen Mojo is unable to guarantee specific delivery dates as delivery is managed by a third party provider. Kitchen Mojo will not be held liable for late delivery outside of our stipulated delivery time frames.We endeavour to ship your order promptly and without delay. If a delay does occur it is often during transit which is outside of our control. In the rare event of the parcel not being received within the anticipated time frame, please contact us at email@example.com and we will follow up.
A refund will not be given for late delivery
To submit an order for products (order), you must:
- Complete and submit the online order through the Kitchen Mojo shopping cart process.
- Kitchen Mojo reserves the right to refuse any order. In such a case, Kitchen Mojo will notify you as soon as reasonably practicable and refund to you any payment in full.
- All products ordered are for personal use and gifting only. They must not be resold in any form or any place, Kitchen Mojo reserves the right to take legal action against unauthorised and unofficial sale of goods.
Without limiting Kitchen Mojo’s legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Kitchen Mojo reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment.
- Withhold supply and dispose of the Products requested in the Order, and/or
- Refuse to deal further with you, and Kitchen Mojo will not be liable to you for any loss or damage directly or indirectly resulting from any such action.
- Subject to clauses 2 and 3 and to the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purpose for which you intend to use them.
- Subject to the following “No Warranty” clauses and to the fullest extent permitted by law, the liability of Kitchen Mojo for any loss or damage suffered by you as a result of Kitchen Mojo breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products)is limited to a refund or replacement of the relevant Products.
Subject to the following clauses and the the fullest extent permitted by law, Kitchen Mojo gives no further warranty in respect of the Products
- For consumers the Products come with non-excludable warranties and guarantees under consumer protection legislation, such as that Kitchen Mojo is the rightful owner, the products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If Kitchen Mojo breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss.
- You may also have express rights of action against Kitchen Mojo under consumer protection legislation if Kitchen Mojo supplied defective Products to you that cause injury, loss or damage.
Refunds and Returns
My item was damaged in delivery, can i return it?
Yes you can return damaged items. All products are checked for quality before dispatch and while we try our best to ensure that the product is delivered to you in perfect condition, the product may be damaged in the delivery process. Should this happen you can return the damaged items and we will resend the product and pay for the return and additional postage charges, in the case where product is sold out we will offer a full refund.
Who do I contact to arrange a return?
If you intend to seek a refund, replacement or exchange, you must contact firstname.lastname@example.org to obtain prior approval. Please include the order number and reason for the return. Kitchen Mojo shall bear the cost of all domestic return shipping.
Return the items to
6/47 Burnett St
Buderim Qld 4556
Please note that Kitchen Mojo at all times, honour its obligations under Australian Consumer Law.
- If any provision of these terms is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in the instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision)
- Orders and these Terms of Trade will be governed by the law applying in the State of Queensland, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland , and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms of Trade.