1. Terms of Website Use
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 New Zealand 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
2. Terms of Product Purchase
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.
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 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.