It is important that you read and understand the terms and conditions that apply to your use of this website and any services or products that you order from Kiwi Shop. Your use of our website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below. If you don’t agree with these terms and conditions, please do not use our website.
ACCEPTANCE
By using this website, you are bound by these terms and conditions which form a legally binding contract between you and Heighrot Flats Pty Ltd T/A Kiwi Shop ABN 68 079 069 042 (hereafter referred to as Kiwi Shop), a subsidiary of the Heighway Family Trust ABN 30 171 614 438. Your contract with us is formed when the server forwards a confirmation receipt that details your order and payment to Kiwi Shop. Until Kiwi Shop receives full payment of cleared funds for all products, Kiwi Shop will store the products and retain ownership of the products you order until your payment in full for those products has been received.
TERMINATION
Kiwi Shop reserves its right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Kiwi Shop may cancel your order or suspend your account or limit your access to the site for a number of reasons – including when you are in breach of any terms and conditions. If you breach these terms and conditions, we reserve the right to immediately suspend, terminate or limit your access to this site and any orders made.
PRIVACY POLICY
Kiwi Shop realises the importance of ensuring that personal information held by the company is treated confidentially. Please read our Privacy Policy which sets out how your personal information is collected, used and disclosed (including for marketing purposes) and your rights in relation to accessing and correcting that information. You agree to the collection, use and disclosure of your personal information in accordance with the Kiwi Shop Privacy Policy.
RETURNS POLICY
Please read our Returns Policy, which sets out how you may return an item(s) if it is eligible. You agree to the conditions in accordance with the Kiwi Shop Returns Policy.
AGE RESTRICTIONS
When you place an order through this website, you confirm that you are of the legal age and that the information you have provided us is true and accurate. If you under 18 years of age, you must have the consent of your parent or a responsible adult to use this service. We may request further information from you after you have registered provided that our request is reasonable.
QUALITY
Kiwi Shop is bound by the consumer guarantee provisions of the Australian Consumer Law. Kiwi Shop uses due care and skill whenever we provide you with goods and/or services. There may also be other non-excludable statutory guarantees, implied conditions or warranties under consumer protection laws which may apply to the products Kiwi Shop provides. Some are covered by the manufacturer and you may be referred to them with regard to guarantees they have on their products.
PRODUCT AVAILABILITY
Kiwi Shop will take due care to ensure products ordered are available for dispatch. However, we may need to reject an order you have placed for a product where we establish is unavailable for delivery. In such cases, we will refund in full all amounts you have paid in respect of such an unavailable product. At our discretion, we may offer to supply another product of equal value which you may choose to accept or decline. We cannot hold stock for later purchase for products ordered online, and we have the right to limit the sale of products to reasonable household quantities.
PRICING
All prices on this website are in AUD$, and are inclusive of GST if it is applicable. Prices of products, services, delivery and other charges displayed on this website are current at the time of issue, but may change at any time without notice and are subject to availability. Product availability and prices may vary between our retail stores and those found on this website.
PAYMENT
Kiwi Shop accepts Visa & Mastercard payments through Eway Online Payment Gateways and payments through PayPal.
Kiwi Shop is not responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us or the payment platforms listed above when ordering from our website.
Payment in full must be received before orders are dispatched. Once full payment has been received, orders cannot be changed or cancelled by you. Kiwi Shop does not accept returns.
DELIVERY
Due to COVID19 there maybe sudden and ongoing changes to normal delivery practices that may circumvent the normal practises described here. Please visit Australia Post or Aramex websites or contact them directly to stay informed of these changes:
https://www.aramex.com.au/
https://auspost.com.au/
You accept that Kiwi Shop is not responsible for the actions or processes of any third-party delivery company or agent.
Kiwi Shop ships to addresses within Australia only. For metropolitan addresses, the suburb must also be provided. Kiwi Shop does not send internationally.
For deliveries through Aramex Couriers, addresses cannot be a P.O. Box, Parcel Locker, Locked Bag, or an address inaccessible to the general public. If you provide a non-accessible delivery address as described above, your order may be cancelled. Transfer fees if applicable, will be automatically deducted from your refund. If the order has been dispatched, the shipping cost will not be refunded. Aramex Brisbane only deliver to addresses within their network and this delivery option may not be available Australia wide. Occasionally, Aramex Couriers Brisbane’s available network changes without notifying Kiwi Shop. If you have purchased delivery using the Aramex option and your order cannot be delivered by them, we will dispatch with Australia Post with no additional charges to you or your ordered may be canceled at our discretion.
The shipping cost is automatically calculated by the website. Shipping charges will vary depending on the products ordered, the carrier and the shipping destination.
Kiwi Shop does not offer an express delivery option. Any delivery periods provided by Kiwi Shop should be regarded as a guide only and may not reflect the delivery time of your particular order.
The delivery services are not refrigerated. As a result, non-perishable food products may be stored at temperatures above their manufacture’s recommendations, especially during the hotter months, and you accept any damages that may result from this. Kiwi Shop will not reimburse you or replace products for heat damage occurred during transit.
Orders are dispatched within three business days under normal conditions. Orders are not dispatched on weekends, Public Holidays, Christmas Eve (24th Dec), and New Year’s Eve (31st Dec). Additionally, orders are not dispatched on any day we have advertised in store or on this website as being closed. Kiwi Shop does not guarantee the delivery day or delivery period of any order, under any circumstances.
The carrier will send you a tracking number by email; we expect that you monitor the progress of your delivery. Kiwi Shop accepts no responsibility if you have provided an incorrect email address or you fail to receive your tracking email due to server problems. If you have not received a tracking number within three business days of placing your order, advise Kiwi Shop through the contact form.
Kiwi Shop’s default instruction is to obtain a signature on delivery. Once your parcel is in transit this may not be able to be changed. Kiwi Shop accepts no liability for loss or damages to any goods if you give authority for the parcel to be left at the delivery address without a signature.
For Aramex deliveries, if there is no one available to sign at the time of delivery, the courier is instructed to leave a calling card with further instructions typically the parcel is returned to the closest depot or local Parcel Connect agent. If your parcel is delivered to the local Parcel Connect agent, you will be required to pick it up from this location. If you do not want your parcel left with the Parcel Connect agent for pick up and would prefer it was returned to the Courier’s depot, please advise us on the customer notes at the time of placing your order so we can pass this information along to the courier.
For Australia Post deliveries, if you have an Australia Post MyPost account, they will no longer leave a calling card and you should receive notification of an attempted delivery and any further instructions by email, SMS or through the AusPost app. If you do not have a MyPost account, Australia Post will leave a calling card with further instructions. If you live in a rural/outback area off a main road, you might be required to pick up your order at your local Post Office. If this is the case, you will receive notification of a parcel awaiting pick up through your normal postal means. Australia Post deliveries can be sent to PO Box, Parcel Lockers and Locked Bag addresses.
Multiple failed attempts made by delivery agents to deliver, or supplying an incorrect delivery address may also require an additional shipping fee paid directly to the delivery agent. Failure to respond to calling cards left by delivery agents, or other attempts made by the delivery agents or Kiwi Shop to contact you, or failure to pick up your parcel from the Parcel Connect agent or Post Office, may result in the parcel being returned to sender and the order cancelled. Kiwi Shop will refund your order less shipping costs, as these chargers are nonrefundable from the carrier. If you would like to try again, you will be required to re-order through our online store.
COMPLAINTS
Kiwi Shop aims to resolve all problems and complaints quickly and effectively. If you have any concerns please advise Kiwi Shop in writing through Online Enquiry. If you are not satisfied with our response, a supervisor or manager will review your concern and the way it was handled.
WEBSITE CONTENT
Kiwi Shop may at its sole discretion, update this website material at any time; and remove or update the terms and conditions as it sees fit. You agree and acknowledge that Kiwi Shop may revise, remove or cancel any content at any time.
LIMITATION OF LIABILITY
Kiwi Shop will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website, any of our services, for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages, and does not guarantee that this website will not cause damage or is free from viruses or any other defects or errors.
