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.
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.
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.
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.
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.
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.
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.
Kiwi Shop accepts Visa & Mastercard credit cards and payment from your PayPal account paid through PayPal or Eway Online Payment Gateways.
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.
DUE TO THE CORONAVIRUS OUTBREAK there maybe sudden and ongoing changes to normal delivery practices that may circumvent these terms. Please visit our couriers websites or contact them directly to stay informed of these changes.
Kiwi Shop ships to addresses within Australia only. For metropolitan addresses, the suburb must also be provided.
Aramex/Fastway Couriers delivery special conditions; Customers must provide a physical delivery address, and orders shipped through the Aramex/Fastway delivery option cannot be sent 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. Aramex/Fastway Couriers Brisbane deliver only to addresses within their network across Australia, and Aramex/Fastway Brisbane delivery is not available Australia wide. Occasionally Aramex/Fastway 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 cancel the order 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 destination. Shipping cost can be found on Your Shopping Cart page once you have added an item to your cart.
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.
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. 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.
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 cannot 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 Online Enquiry.
Kiwi Shop instructs the couriers get 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 delivery agents or other attempts made by the delivery agents or Kiwi Shop to contact you, may result in the parcel being returned to sender and you will be required to pay an additional shipping fee to resend. Multiple failed attempts made by delivery agents to deliver may also result in an additional shipping fees. Supplying an incorrect delivery address may also require an additional shipping fee to resend.
Australia Post deliveries; 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. Failure to respond will result in the parcel returned to sender and you will be required to pay an additional shipping fee to resend. Australia Post deliveries can be sent to PO Box, Parcel Lockers and Locked Bag addresses.
Aramex/Fastway Couriers Parcel Connect; if there is no one available at your delivery address the time of delivery, and you are far from the depot, Aramex/Fastway Couriers may leave your delivery at their local Parcel Connect participating business, to be collected by you. Such participating businesses might include a convenience store close to your address. If you do not want your parcel left at your local Parcel Connect participating business 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.
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.
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 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.