Terms & Conditions

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). 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 shall store the products and will retain ownership of the products you order until you have made payment in full for those products.

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 suspend, terminate your order 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.

Age Restrictions

When you order these products online, 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 provide.

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 credit cards paid directly to us through Eway Online Payment Gateway. 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 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

Kiwi Shop ships to physical addresses within Australia only. Additionally, Kiwi Shop cannot ship to some Australian off-shore islands, including, but not exclusive to, Alger Island, Astell Island, Barrow Island, Bremer Island, Curtis Island, Drysdale Island, Graham Island, Inglis Island, King Island, Lorde Howe Island, Norfolk Island, Raracala Island, Thursday Island, and the Tiwi Islands.

Kiwi Shop cannot ship to P.O. Box, Parcel Locker, Locked Bag, addresses inaccessible to the general public or other similar type delivery addresses. Failure to provide an appropriate delivery address as described will result in the cancellation of the order. If it has not been dispatched, payment will be refunded in full, any transfer fees will be automatically deducted from your refund. If the order has been dispatched, the shipping cost will not be refunded.

A shipping cost is automatically calculated by the website. Shipping charges may vary depending on the products ordered and the destination. Shipping cost can be found on Your Shopping Cart page once you have added an item to your cart.

Orders are distributed by Fastway Couriers or one of their shipping agents. An agent may include another courier delivery company or a participating business in their Parcel Connect system.

This service is 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. You may choose to limit your orders to the coolest months of the year. Kiwi Shop is not responsible for the actions or processes of any third party delivery company or agent.

Normal delivery process requires a signature on delivery. 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. Failure to respond to calling cards left by couriers or other attempts made by the courier or Kiwi Shop to contact you, may result in the parcel being returned to sender (Kiwi Shop) and you will be required to pay an additional shipping fee to resend. Multiple failed attempts made by Fastway Couriers or one of their agents to deliver may also result in an additional shipping fee to deliver. Supplying an incorrect delivery address may also require an additional shipping fee to resend.

Kiwi Shop will send your 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 processing your order, advise Kiwi Shop through Online Enquiry.

If your address is far from the courier depot or is regional/outback, you might be required to pick up your order at your local Parcel Connect business or Australia Post Office. If this is the case, you will receive notification of a parcel awaiting pick up at your delivery address or through your normal postal means. Failure to respond will result in the parcel returned to sender and you will be required to pay an additional shipping fee to resend.

If your parcel is delivered to your local Parcel Connect agent, you will be required to pick it up from them. If you do not want your parcel left at your local 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.

Please allow up to three business days to process and dispatch your order. Orders are not dispatched on weekends, Public Holidays, Christmas Eve (24th Dec), and New Year's Eve (31st Dec). Additionally orders are not processed and dispatched on any day we have advertised in store or on this website as being closed during the Easter and Christmas holiday periods. Kiwi Shop cannot guarantee the delivery day or period of any order, under any circumstances.

Kiwi Shop does not offer an express delivery system. Any delivery periods provided on our website should be regarded as a guide only, and may not reflect the delivery time of your particular order.

Free Shipping Offer for Local Deliveries:
This offer is made exclusively by this website and is not available for phone or email orders. If this website does not apply free shipping at the checkout, than the order is not eligible for this offer. Providing incorrect delivery information to obtain free shipping will result in the application of the correct shipment charge and may result in disabling your use of this website and our services. A local delivery includes addresses in major economic centres adjacent to the Gold Coast, including suburbs of the Gold Coast, Brisbane, Ipswich, Toowoomba, Warwick, Sunshine Coast, and NSW Northern Rivers, as zoned by Fastway Couriers as lime, black or brown. This offer is conditional on spending $100 on goods (not including shipping) in one transaction through this website, the items of which not being excessive in weight of over 24.99kg or excessive physical volume. Kiwi Shop reserves the right to change or remove this offer at any time.

Postcodes for Local Deliveries (e.g. 4051-4053 includes postcodes 4051, 4052 and 4053); 2460, 2462-2466, 2469-2474, 2477-2490, 4000-4014, 4017-4022, 4025, 4029-4032, 4034-4037, 4051, 4053-4055, 4059-4061, 4064-4070, 4072-4078, 4101-4125, 4127-4133, 4151-4161, 4163-4165, 4169-4174, 4178, 4179, 4205, 4207-4230, 4270-4272, 4275, 4280, 4285, 4300, 4301, 4303-4306, 4311, 4341-4347, 4350, 4352, 4354-4364, 4370, 4374-4378, 4380-4382, 4400, 4401, 4403-4405, 4500-4511, 4519, 4520, 4550-4568, 4570, 4572, 4573, 4575.

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 advertising 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 servicers, for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into 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.