Terms and Conditions
1. This Website
This Website and all of its content is operated and owned by Top Cat Installations Pty Ltd (ACN 061 856 979) trading as Kitchen Innovations (“Kitchen Innovations”). By using Kitchen Innovations’ Website, you accept and agree to these Terms and Conditions. Kitchen Innovations reserves the right to change these Terms and Conditions at any time. If you do not agree with these Terms and Conditions, please do not use this Website.
2. Online Purchasing
All prices on the Website are in Australian dollars. Pricing is subject to change without prior notice.
In the event that you purchase any products from our Website (“Order”), Kitchen Innovations reserves the right to accept or reject your Order for any reason, including but not limited to an error in your Order, an error in the product description noted on this Website, an error in the price of the product noted on this Website or the unavailability of the Product. In addition, Kitchen Innovations reserves the right to correct any errors or omissions in relation to the price, description or availability of any products on this Website.
The contract to purchase any products from our Website shall only come into existence when the products are dispatched to you. If Kitchen Innovations cancels your Order, you will be given a full refund for any amount paid for the Order.
Risk in the products you Order from our Website shall pass to you upon delivery to of the products to your nominated delivery point.
If the product that you have purchased from Kitchen Innovations is faulty (provided that the fault was not caused by you), not of merchantable quality, or not fit for its purpose and you return the product within a reasonable time after purchase along with your original Kitchen Innovations receipt, you will be entitled to a refund.
Kitchen Innovations does not offer refunds, exchanges or store credit if you have simply changed your mind about the purchase of a product.
4. Information and material on this Website and Use of this Website
Kitchen Innovations does not warrant or guarantee that the information and material contained on this Website is accurate and/or complete.
In addition, Kitchen Innovations does not warrant or guarantee that access to this Website will be uninterrupted, free from viruses, defects or other contamination or free from error.
You agree that to the maximum extent permitted by law, Kitchen Innovations shall accept no responsibility regarding the information and material on this Website nor any responsibility for any loss or damage you may suffer as a result of you using this Website.
You agree and acknowledge that use of this Website is at your own risk. You agree and acknowledge that you will use the Website in an appropriate and lawful manner.
5. Intellectual Property
For the purposes of this clause, “Intellectual Property” means: all intellectual property and proprietary rights (whether registered or unregistered) owned or used by Kitchen Innovations including but not limited to any processes, formulae, technology, systems, reports, drawings, specifications, software, blue-prints, patents, patent applications, discoveries, inventions, improvements, trade secrets, technical data, research data, software, know-how, logos, registered and unregistered business names, registered and unregistered trademarks and service marks (including any goodwill associated with those trade mark rights), registered and unregistered designs, design rights, copyright and similar industrial or intellectual property rights and all other similar or equivalent rights subsisting now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term.
All Intellectual Property contained on this Website is the property of Kitchen Innovations and any applicable licensors.
Nothing in these Terms and Conditions shall be construed as a transfer of ownership or a grant of any licence or rights in relation to any Intellectual Property owned by Kitchen Innovations or a third party and you agree and acknowledge that you will not use in any way the Intellectual Property owned by Kitchen Innovations or infringe any Intellectual Property rights of Kitchen Innovations or any third party.
If you breach these Terms in any way, in addition to any other action Kitchen Innovations may take against you, Kitchen Innovations may cancel your access to this Website.
A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
Any provision in these Terms & Conditions which are invalid or unenforceable are to be read down, if possible, to such an extent as is reasonable in the circumstances so as to be valid and enforceable, and are otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the validity of the remainder of these Terms and Condition or the enforceability of that provision in any other jurisdiction.
You agree to bound by the laws of the state of Victoria in relation to all matters arising out of these Terms and Conditions and you agree to submit to the non-exclusive jurisdiction of the court of Victoria and the federal courts of Australia and that any legal proceedings may be heard in these Courts.