By purchasing products through www.ourtamaramakitchen.com (the “Website or OTK”) the purchaser (“Customer”), agrees to the following terms and conditions of sale.
1. Ordering & Payment
1.1 Upon the Customer confirming its purchase order the Customer agrees to purchase the products in the Customer’s “shopping cart” for the price including GST and any postage and handling charges as applicable.
1.2 OTK will send the products to the Customer as soon as practicable after it receives payment for the products.
1.3 OTK will allow cancellation of orders only in the case where the order has not been packed or dispatched from our warehouse.
1.4 OTK accepts PayPal payments.
2. Defective products
2.1 If the Customer purchases a defective product from the Website, the Customer must return the product to OTK within 14 days of receiving the product, with a copy of the invoice for the product and a brief letter to include the Customer’s details and to identify the defect in the product.
2.2 If the product is defective, OTK will in its discretion, either:
(a) replace the product; or
(b) provide a refund of the price of the defective product to the Customer.
2.3 OTK will not accept any liability for any defective products, which the Customer does not return in accordance with this clause.
2.4 In no case shall the maximum liability of OTK exceed the price of the product in respect of which a claim is made.
3. Stock availability
If the Customer pays for a product which OTK cannot supply OTK will refund the price of that product to the Customer.
4. Products sent to incorrect address
4.1 If the Customer does not receive products it has purchased within 40 days of the date of purchase OTK shall not be liable to the Customer for those products unless the Customer notifies OTK within 40 days of the date of purchase.
4.2 If a product is not received by a Customer because it was sent by OTK to an incorrect address due to an error by OTK then OTK shall be responsible for the resending or replacing the product or refunding of the price of the product.
4.3 If a product is not received by the Customer because the Customer provided an incorrect or insufficient address, then:
(a) subject to this clause, if the product is returned to OTK, OTK will resend the product to the Customer provided that the Customer first pays the cost of postage and handling for resending; or
(b) if the product is not returned to OTK, then OTK shall have no further responsibility.
5. Non-claimed products
If products which a Customer has purchased are returned to OTK by a person other than the Customer and OTK cannot, despite reasonable efforts, contact the Customer or the Customer does not contact OTK within 3 months of products being returned to OTK then ownership of the products will revert back to OTK.
The Customer agrees not to hold OTK liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
7. Passing of risk and ownership
7.1 Subject to the above clauses, OTK does not accept any liability for products after it has sent the products to the Customer.
7.2 Subject to clause 5, ownership of products purchased by the Customer shall pass to the Customer upon OTK sending the products to the Customer.
8. Limitation of liability
8.1 OTK shall not be liable to the Customer for refunding the price of products or replacing or exchanging products which the Customer purchases through OTK’s website other than as set out in these terms and conditions.
8.2 OTK shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services which the Customer purchases through OTK’s website, even if OTK has been advised of the possibility of such damages.
9. Site access
9.1 OTK grants the Customer permission to access, view and download the content appearing on this site, for personal, non-commercial use only.
9.2 The Customer agrees not to use any device, method or software to interfere with the proper functioning of this site including but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
10. Intellectual property
10.1 The Customer agrees that the content, which the Customer accesses, views or downloads and the software used to create it, remains the intellectual property of OTK.
10.2 The Customer agrees not to modify or alter the content of the website in any way, or make it available to any third parties.
12. Governing law and jurisdiction
These terms and conditions are governed by, take effect and will be construed in accordance with the laws of New South Wales, Australia and the Customer irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia and courts entitled to hear appeals therein.