Ownership of Website and Content
Kmart owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Kmart. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Kmart or of the relevant trade mark owner.
Kmart cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.
Third Party Content
This website contains information from or hyperlinks to websites operated by third parties. Kmart provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.
Kmart provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Kmart will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.
Your Privacy is Important
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.
You place an order with Kmart by selecting products and pressing the "purchase now" button on the checkout page. Kmart reserves the right to accept or reject 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. Orders are deemed received by Kmart at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Kmart upon Kmart acknowledging such order or failing to reject such order within 14 days. We only accept orders from mainland Australia and Tasmania.
Kmart uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Kmart may need to reject an order you have placed for a product where Kmart establishes that it is actually unavailable for delivery. In such cases Kmart will refund in full all amounts you paid in respect of such unavailable product. Kmart cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.
Variation of Products and Price
Kmart may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Kmart's retail stores and those found on this website.
Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Kmart's Delivery Policy. The Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Kmart provides delivery. Orders will not be processed for delivery to an address in a suburb not in Kmart's delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.
Return claims (including for replacement products, refunds or credits) are detailed in Kmart's Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.
Our returns policy is in addition to your rights under the Australian Consumer Law because we want you to be happy with your purchase. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.
If you wish to return an item because you have changed your mind about your purchase, Kmart will offer you an exchange voucher or refund provided that:
If these requirements are not satisfied Kmart reserves the right not to offer an exchange voucher or refund for change of mind returns.
Goods on which a change of mind return is not available
Kmart will not accept the return of items from the following categories under the change of mind returns policy under any circumstances:
These products can still be returned if they are faulty, not fit for purpose or do not match the sample or description.
Kmart will accept product returns and provide you with an exchange voucher, refund or repair where:
Kmart may elect to return the product to the manufacturer’s repair agent to determine the nature of the problem. Kmart reserves the right not to offer an exchange voucher, refund or repair where the item fault is a result of misuse or neglect.
Please be aware that data (including, but not limited to, images, music and video) may be lost during the repair process of electrical and electronic products. It is the responsibility of the customer to ensure that all personal data is deleted before return to Kmart.
Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair goods.
Claims for compensation or reasonable expenses incurred in returning your purchase should be addressed to our Customer Service team at the address below and need to be accompanied with supporting evidence.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Assess the condition and age of returned goods prior to providing a repair, exchange or refund. This may result in a repair, exchange or refund being refused.
If you live a long way from your nearest Kmart store, we recommend contacting Kmart Customer Service on 1800 124 125 for assistance prior to travelling to Kmart to return your item. Remember also, when returning items in accordance with Kmart’s Return Policy you don’t need to return to the store of purchase, you can attend any Kmart store.
How to return a product ordered on Kmart Online
Products ordered at Kmart Online can be returned to our stores. You will need your tax invoice (email receipt) as information on this is needed as proof of purchase. For change of mind return/exchange, delivery fee is non-refundable.
“We”, “us”, “our” and “Kmart” means Kmart Australia Limited ABN 73 004 700 485 (trading as Kmart and Kmart Tyre & Auto Service) and its Australian and offshore subsidiaries, Coles Group Asia Pty Ltd (including Hong Kong Branch Office, Dongguan Participating Office, Shanghai Representative Office), Coles Group New Zealand Holdings Limited, Tyre and Auto Pty Ltd, Tyremaster (Wholesale) Pty Ltd, , Kmart Australia Limited Bangladesh Liaison Office, Coles Group Asia Pty Ltd, Coles Direct Sourcing Private Limited (India).
This Policy describes how we comply with our obligations under the Australian Privacy Act 1988 (Cth) and the privacy or data protection laws of other jurisdictions where we operate.
We may amend this Policy at any time by posting the updated version on our website.
Kmart is not responsible for the privacy practices of sites that are linked to this website via hyperlinks, banner advertising or otherwise.
Generally, the information we collect about customers includes your name, home or work address, delivery address, phone number, payment, credit and billing information, and e-mail addresses. We also collect demographic information, which is not unique to you, such as your postcode, age, gender and shopping preferences, interests and favourites. When you visit our websites, we may also collect information about your computer, including your IP address.
We also collect information about your use of our website using cookies. You can choose to decline cookies, but if you do so, you may not be able to fully experience our online interactive features.
We may also collect additional information about customers, including purchase history, location and preferences, either directly, or through our business partners (including FlyBuys, other companies in the Wesfarmers Group and GE Capital Finance, who administer our store cards). Kmart Tyre & Auto Service may also collect specific information about your vehicle (including VIN (engine) number and registration number).
We also collect information about:
Ordinarily, customers can purchase goods from us without disclosing personal information, but in this situation we may not be able to provide you with the full range of services available.
Where it is reasonable and practicable to do so, we collect your personal information from you directly when you purchase products or services from us, or enter into arrangements with us, provide feedback/complaints to us or register your details with us or one of our business partners (for example, in connection with FlyBuys). Depending on the product or service we provide to you, we may collect your personal information from third parties. Information about suppliers’ employees is usually collected from the supplier. Information about potential employees is usually collected during the recruitment process.
If you are an agent who has, or is entering into, an arrangement to provide products and services on our behalf, of if you have purchased goods or services from us on layby, we may also collect your personal information from credit reporting agencies. By providing your personal information to us, you confirm that you have reviewed this Policy and consent to the collection and use of your personal information as specified.
We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. Your personal information is stored on password protected servers located in access controlled secure locations.
We collect and use your information to:
From time to time, we may also use your personal information to send you targeted news, offers and promotions of our products and services. If you do not wish to receive these communications you can opt-out by contacting us at the address listed below.
We will only disclose information about you to third parties if required by law or legal process, to our advisers or to companies who are responsible for parts of our service delivery – including to other companies in the Wesfarmers Group including FlyBuys (Loyalty Pacific Pty Ltd), to delivery companies, external call centres, suppliers and manufacturers, mail houses, recruitment firms and third party fulfilment centres.
We may occasionally transfer your personal information, credit information (and credit eligibility information) to organisations located overseas, for example where:
We require overseas recipients to use personal information only for the purpose provided and to implement strict confidentiality and data protection arrangements. Your information may also be stored on computer servers located outside of Australia. Any offshore disclosures will be to entities located in the United States of America and the Asia Pacific region (including but not limited to China, India, Bangladesh, Singapore, Vietnam and Hong Kong).
In special circumstances – for example, if we were to sell our business or part of our business – your information may be transferred to potential purchasers and their advisers as part of that sale. From time to time, we may provide aggregated and de-identified information to other business partners for various purposes.
You can request access to your information or that your information be corrected by contacting us at the address below.
If you have a question about this Policy or wish to make a complaint about the way we have collected, used, held or disclosed your personal information, please contact us at the address below. We may need to contact you for further details.
If you wish to make a formal complaint, please make your complaint in writing to our Privacy Officer. We will consider your complaint promptly and contact you to seek to resolve the matter. If we have not responded to you within a reasonable time, you are entitled under the Privacy Act 1988 (Cth) to make a complaint to the Office of the Australian Information Commissioner.
Kmart Customer Service
690 Springvale Road, Mulgrave 3170 VIC
Email (to complain or access or correct information): email@example.com
Email (to unsubscribe): firstname.lastname@example.org
Phone: (+61) 1800 124 125
Kmart Tyre & Auto Service
PO Box 1375, Castle Hill, NSW, 1765
Email (to complain or access or correct information): email@example.com
Email (to unsubscribe): firstname.lastname@example.org
Phone: (+61) 1800 065 010
Office of the Australian Information Commissioner
Last updated: February 2014