Kmart is pleased to offer you the opportunity to buy products on the Kmart Marketplace directly from curated sellers on the following terms.
Kmart offers the Marketplace to enable Marketplace sellers to sell products directly to you. Kmart takes payment for these products on their behalf (and receives a commission for the sale), but Marketplace sellers are responsible for the product (including product listing content, delivery and returns). Marketplace sellers will fulfill the product orders and ship directly to you. This means you can access an extended range of products in one convenient place while you're shopping on Kmart Online.
Products that show the Marketplace symbol on the bottom left of the product listing or image are sold by a Marketplace seller and not sold by Kmart.
When you purchase a product from a Marketplace seller through the Kmart Marketplace:
Kmart is not a party to the transaction between you and the Marketplace seller, nor is Kmart the supplier of the product; and
to the extent permitted by law, Kmart does not make any representations or warranties in relation to the accuracy or completeness of any information provided by the Marketplace seller, nor does Kmart make any representations or warranties as to quality or fitness for purpose of the product.
You place an order with a Marketplace seller by selecting product(s) and pressing the "purchase now" button on the checkout page. Marketplace sellers reserve the right to accept, reject or cancel an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. If a Marketplace seller cancels or rejects your order, the Marketplace seller will refund any amount already paid in respect of that order.
Orders are deemed received by a Marketplace seller at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by a Marketplace seller upon the Marketplace seller acknowledging such order or failing to reject such order within 14 days. Marketplace sellers only accept orders from mainland Australia and Tasmania.
You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Kmart if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password, except to the extent unauthorised access is caused or contributed to by Kmart's negligence.
Return processes for products purchased from a Marketplace seller (including for replacement products or refunds) are detailed in the Kmart Marketplace returns policy. The Kmart Marketplace returns policy is expressly incorporated in these Marketplace Terms and Conditions. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.
All products you purchase on the Kmart Marketplace from a Marketplace seller come with guarantees that cannot be excluded under the Australian Consumer Law.
Each Marketplace seller has individual delivery fees and delivery timeframes. Each product page shows delivery options and fees. To track your Marketplace order, use the tracking link in your shipping confirmation email or visit the Track my order page.
Delivery is only available within Australia. Marketplace sellers will not deliver to a PO Box, parcel lockers, private mail bags or locked bags. You must ensure there is clear and safe access for delivery.
Once your order is confirmed, the delivery address can’t be changed.
The prices of Products, and any delivery fees, are in Australian dollars, inclusive of GST. Each Marketplace seller is independently responsible for setting the price of their products and any applicable delivery fees.
You must pay for your products purchased on the Kmart Marketplace from a Marketplace seller at the time of placing an order. You can pay with Paypal, Apple Pay, Afterpay, Zip and all major credit cards including Mastercard, American Express, Diners Club and Visa.
Marketplace sellers will use their best endeavours to ensure products ordered are available for delivery. However you acknowledge that in some cases this is not possible and the Marketplace seller may need to reject an order you have placed for a product where the product is actually unavailable for delivery. In such cases, the Marketplace seller will refund in full all amounts you paid in respect of such unavailable product. Marketplace sellers cannot provide rainchecks for products ordered online, and where permitted by law, Marketplace sellers reserve the right to limit the sale of products to reasonable or normal household quantities.
Marketplace sellers may vary the prices of their products on the Kmart marketplace at any time, and prices are subject to change until you have paid for the products in full.
Risk in the products purchased from a Marketplace seller passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.
If you are unable to resolve a complaint or dispute with a Marketplace seller in relation to a product you have ordered on the Kmart marketplace, you may raise the complaint with Kmart.