Terms & Conditions

Definitions:

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.

“Delayed Order” means any order where delivery is postponed, delayed or unable to occur more than four (4) months from the date the deposit is paid.

“Delivery” or “delivered” means, as the case may be:

the time when the Products are sent by Flexikitch to the Customer’s nominated address for delivery by whatever means; or
the time when the Product is collected by the Customer.

“General Order” means an order under $100,000 that does not include an installation component, unless otherwise agreed in writing by Flexikitch.

“Intellectual Property Rights” means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them.

“Project Order” means an order exceeding $100,000 and/or an order that includes an installation component, unless otherwise specified in the contract of sale or otherwise agreed in writing by Flexikitch.

“Storage Fee” means a fee equal to 2% of the cost of the Products held by Flexikitch, applied per month or part thereof after the expiry of the applicable storage grace period, unless otherwise agreed in writing.

“Website” means the website with the designated URL “www.flexikitch.com.au” and its associated services and/or functionality.

User agreement

All contracts, agreements, arrangements and dealings between Flexikitch Pty Ltd (ACN 165 458 891) (“Flexikitch”) (and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns) and any person using the Website (“Customer” or “You”) or ordering any products (“Products”) provided and supplied by Flexikitch to a Customer are subject to the terms and conditions of trade set out below (“Terms”).
These Terms shall be deemed to be incorporated into all contracts for the supply of Products by Flexikitch to the Customer. These Terms supersede all prior understandings, arrangements and agreements relating to such supply. In the event that there is any inconsistency between these Terms and any other communication from Flexikitch, these Terms shall prevail unless specified otherwise in writing by Flexikitch.
By visiting and/or using the Website or by ordering or purchasing any Products through the Website, You agree to be bound by these Terms.
If You do not agree to any provisions of these Terms, You must not use the Website or make any order for Products.
Flexikitch may amend these Terms at any time at its sole discretion. By continuing to place an order for Products, the Customer will be deemed to have accepted any revised terms published from time to time on the Website. Flexikitch is not obliged to notify You of any changes to these Terms. If Flexikitch makes any significant changes to these Terms it may at its sole discretion publish a notice on the Website stating that these Terms have been amended.

Registration

In order to make purchases and access some features of the Website, You can elect to register as a customer of Flexikitch.
Any information which You provide to Flexikitch in registering as a customer will be stored in accordance with Flexikitch’s privacy policy which is published on the Website at Privacy Policy as amended from time to time at Flexikitch’s sole discretion.
You may not use another customer's account and may not cause or allow another person to use your account.
When registering to become a customer and activate an account, You must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
You are solely responsible for the activity that occurs on your account, and You must keep your account password secure.
If You suspect or become aware of any unauthorised use of your account or that your password is no longer secure, You agree to notify Flexikitch immediately.

Orders

The advertising of any Product for sale by Flexikitch is merely an invitation to treat. A Customer, in ordering a product on this Website, is making an offer to Flexikitch to purchase a Product from it. The agreement to sell a Product only comes into existence upon Flexikitch’s acceptance of a Customer’s order, which occurs when Flexikitch dispatches the Product ordered to the Customer.
By placing an order to purchase a Product, You acknowledge that You:
- are over eighteen (18) years of age;
- are making an offer to Flexikitch to purchase a Product; and
- the offer does not constitute a binding contract with Flexikitch.
An offer made by a Customer is open to acceptance by Flexikitch. Acceptance by Flexikitch of your offer to purchase a Product will occur at the time the Product the subject of the offer is dispatched. You may cancel your order only if Flexikitch has not commenced processing it.
Flexikitch reserves the right to accept or reject a Customer’s order for any reason, including:
- an incomplete Customer order;
- the information contained in any advertisement of a Product being incorrect; or
- the unavailability of the Product.
In the event that Flexikitch exercises its rights to reject a Customer’s order, it will refund any amount paid by the Customer in respect of the cancelled order.
Flexikitch also reserves the right to limit the quantity of Products ordered by a Customer, whether under one or more orders.
Should Flexikitch suffer any loss or damage, as a result of an order placed by a minor, it reserves the right to take legal action and seek compensation for such losses and/or damage from the parents or guardians of the minor who caused the order to be placed.

Australian Sales

Flexikitch will ship Products Australia-wide. All shipping costs will be borne by the Customer.

Price

The price for Products, delivery and other charges shown are in Australian dollars and exclude GST where applicable and unless specified otherwise.
The price for Products is subject to change without notice at Flexikitch’s sole discretion.

Payment

The payment terms applicable to a Customer’s order will depend on whether the order is classified as a General Order or a Project Order, unless otherwise specified in the contract of sale or otherwise agreed in writing by Flexikitch.
A General Order requires payment of a deposit equal to 20% of the total sales order value to confirm acceptance of the order and authorise Flexikitch to proceed with procurement of the Products.
The remaining invoice balance for a General Order is payable in full seven (7) days prior to the agreed Delivery date. Products will not be dispatched, released or made available for collection until cleared funds have been received by Flexikitch.
A Project Order requires payment of a deposit equal to 20% of the total sales order value to confirm acceptance of the order and authorise Flexikitch to commence procurement of the Products.

Progress Payments

Unless otherwise specified in the contract of sale or otherwise agreed in writing by Flexikitch, the standard payment schedule for Project Orders is as follows:
- 20% deposit payable to confirm the order;
- 35% progress payment payable once ordered Products are ready for dispatch from the supplier, received into the Flexikitch warehouse, or otherwise committed for delivery to the project;
- 35% progress payment payable seven (7) days prior to the agreed Delivery date; and
- the remaining 10% balance payable within seven (7) days of Delivery.
Products will not be dispatched, released or made available for collection until the required payments under the agreed payment schedule have been received by Flexikitch.

Upon payment of the deposit, Flexikitch reserves the right to retain all or part of the deposit if the Customer cancels the order, requests changes to Products already procured, or otherwise does not proceed with the order. This is to recover supplier restocking charges, administration costs, procurement costs and any other costs incurred by Flexikitch.
If a General Order becomes a Delayed Order, full payment of the outstanding sales invoice balance becomes immediately due and payable.
If a Project Order becomes a Delayed Order, the standard progress payment schedule no longer applies. In this case, 90% of the total sales invoice becomes immediately due and payable, with the remaining 10% payable within seven (7) days of Delivery, unless otherwise specified in the contract of sale or otherwise agreed in writing by Flexikitch.
If payment is not received in full when due, or if a payment is declined by the Customer’s bank, credit card issuer or payment provider, Flexikitch may, at its sole discretion, delay procurement, withhold dispatch, withhold Delivery, suspend installation, cancel the order, or take any other action reasonably necessary to protect its position.
For detailed payment options, please refer to the Payment section contained on the Website, as amended from time to time.

Delivery of product

Subject to these Terms, upon acceptance of an offer Flexikitch will supply to a Customer the Products specified in an order confirmation which will be delivered to the Customer and relate to an order which the Customer has placed with Flexikitch.
Flexikitch may provide an estimated time for dispatch and Delivery of the Products, however is not bound by the estimate provided. Flexikitch will not be liable for any loss or damage suffered by the Customer due to a failure by Flexikitch to meet the estimated Delivery time.
All Products will be Delivered to the Customer at the Delivery address provided by the Customer.
A Customer may request that it collect the Product. Flexikitch may allow a Customer to collect a Product from Flexikitch at its sole discretion during regular business hours at a location determined by Flexikitch.

Storage of Goods

Where Products have been ordered, procured, received into the Flexikitch warehouse, made available for Delivery, or otherwise committed for Delivery, and the Customer is not ready, willing or able to accept Delivery, Flexikitch may hold the Products for up to eight (8) weeks from the agreed or available Delivery date without applying a Storage Fee.
If the Customer is unable to accept Delivery after this eight (8) week period, Flexikitch reserves the right to apply a Storage Fee until the Products are delivered, collected, cancelled, reallocated or otherwise resolved by agreement.
Storage Fees are payable in addition to any outstanding invoice balance, delivery charges, installation charges, restocking charges, supplier charges or other costs incurred by Flexikitch.
Flexikitch is not liable for any loss, delay, damage, cost or expense suffered by the Customer as a result of the Customer failing or being unable to accept Delivery of Products when they are available for Delivery.

Risk and Title

Flexikitch retains ownership of the Products until payment is received in full from the Customer and the Products are dispatched, delivered or collected by the Customer.
The Customer accepts upon Delivery all risk for loss or damage to the Products whether caused by the Customer or not, and the Customer indemnifies Flexikitch against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Products after the Customer has taken possession of the Products. Risk in the Products will remain with the Customer at all times after Delivery.