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Copyright Kmart 2017
The Terms of Use
Kmart Australia Limited ("Kmart") owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use this website.
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.
Security
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.
Revisions
Kmart may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.
Liability
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
We are committed to protecting the privacy of everyone who shops or interacts with us. Kmart's Privacy Policy sets out our commitment to you on privacy, including our use of "cookies".
Governing Law
Kmart operates this website from its offices within Australia. The laws of the State of Victoria govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.
The Agreement
In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from Kmart products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Kmart once Kmart accepts an order. Each accepted order is a separate agreement.
Customer Application
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.
Orders
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.
Product Availability
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.
Payment
You must pay for your products purchased on this website at the time of placing an order. We accept Paypal and all major credit cards including Mastercard, American Express, Diners Club and Visa.
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
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.
Returns
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.
Returning Kmart Online products
We will offer a refund/ exchange on most products purchased at Kmart Online. If you are not completely satisfied with your product, return it to us for a refund / and or exchange. Please refer to the full Kmart Policy for details.
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.
Faulty Product
Contact the Customer Service Centre on Toll Free 1800 051 800 (9am to 5pm Monday to Friday). Please refer to the full Kmart Policy for details. If you are unable to go to one of our stores, we will pick up the product for you.
Damaged or Incorrect Product delivered
We apologise for the inconvenience, we will resend the correct item to you as soon as we can. Contact the Customer Service Centre on Toll Free 1800 051 800 (9am to 5pm Monday to Friday).
Change of Mind Returns
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.
Other Returns
Kmart will accept product returns and provide you with an exchange voucher, refund or repair where:
You can present your Kmart register receipt or other adequate proof of purchase.
Please note, in the case of electrical and electronic products (see definition below), tents and gazebos, BBQs and motorised products Kmart may elect to return the product to the manufacturer's repair agent to determine the nature of the problem. If the product is determined to be faulty, not of merchantable quality, not fit for purpose or not matching a description or sample Kmart will offer a repair, exchange voucher or refund.
If you cannot present your Kmart register receipt or other acceptable proof of purchase Kmart reserves the right not to offer a refund or exchange.
In the case of electrical and electronic products, tents and gazebos, BBQs, and motorised products Kmart will be happy to refer you to the manufacturer's customer service hotline for assistance with operating difficulties or product repairs.
The manufacturer's customer hotline number should be included with the information supplied with your product. For your convenience our manufacturers' customer hotlines are also listed on Kmart's website www.kmart.com.au and available in store.
Where you seek a refund for any item that was purchased as part of a 'deal', Kmart may refund the price in accordance with deal eligibility. No refund will be given on free items and any refund amount may be recalculated if your return results in deal eligibility no longer being met.
Operating Difficulties
If you are experiencing operating difficulties with electrical, electronic or other similar products we recommend you first contact the manufacturer's customer hotline before returning the product. Many operating difficulties can be quickly solved with the right advice.
The manufacturer's customer hotline number should be included with the information supplied with your product. For your convenience our manufacturers' customer hotlines are also listed on Kmart's website www.kmart.com.au and available in store.
Assess the condition and age of returned goods prior to offering a repair, exchange or refund. This may result in a repair, exchange or refund being refused.
Please note:
For a full list of manufacturer's customer hotlines click here
Kmart Australia Limited (Kmart) is committed to protecting the privacy of your personal information. This Privacy Policy (Policy) explains how we collect, use and disclose information about our customers, suppliers (and their employees) and people who apply for employment with us. It also explains how to contact us if you have any questions about the management of your personal information or would like to access the personal information we hold about you.
“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.
If you are signed into your Google account when you use Kmart Online, then Google may also combine data from your Google account with data about your use of Kmart Online, in order to help identify you to be shown relevant Kmart advertising online, across your devices. This is done using a Google service called Remarketing with Google Analytics, which links Google Analytics cookies (set by Kmart) with Google advertising cookies (set by Google). Google Analytics is a tool that helps website owners measure how users interact with website content. For more information and to opt out:
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
Privacy Officer
Kmart Customer Service
690 Springvale Road, Mulgrave 3170 VIC
Email (to complain or access or correct information): privacy@kmart.com.au
Email (to unsubscribe): onlineshop@kmart.com.au
Phone: (+61) 1800 124 125
Kmart Tyre & Auto Service
Privacy Officer
PO Box 1375, Castle Hill, NSW, 1765
Email (to complain or access or correct information): privacy@kmart.com.au
Email (to unsubscribe): ktascustomerservice@kmart.com.au
Phone: (+61) 1800 065 010
Office of the Australian Information Commissioner
Website: www.oaic.gov.au
Last updated: September 2017
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