RETURN POLICY

Chilli Kanon Product Order Terms

These terms and conditions (Terms) apply to your ordering and purchasing of Products available for sale on the Chilli Kanon (Chilli Kanon, we, us, our) website which can be found at www.chillikanon.com (Website).  These Terms should be read in conjunction with the Chilli Kanon Website Terms of Use which can be accessed at www.chillikanon.com.

By placing an Order with us, you accept these Terms as applicable at the time you place the Order and acknowledge and agree to abide by those Terms.  By placing an Order, you warrant and represent to Chilli Kanon that you are legally entitled to do so.

We may amend these Terms from time to time, without providing notice to you, by posting an updated version of the Terms on the Website. You should regularly check these Terms for any amendments.

Capitalised terms used in these Terms are defined in the 'Interpretation' section at the end of the Terms and throughout the Terms (as applicable).

Placing an Order for Products

You may order Product(s) by selecting and submitting your order through the Website in accordance with these Terms (Order). Any Order placed for a Product is an offer by you to purchase the particular Product for the price notified (plus, where applicable, the delivery fees as set out on the Website) at the time you place the Order. All Orders are subject to acceptance by us.

Chilli Kanon must receive payment in full for the Product at the time the Order is placed by you. Once payment has been received, we will send an electronic order receipt confirmation. We will confirm acceptance to you by sending you another supply confirmation email. We will arrange for supply of the Product(s) in the accepted Order in accordance with these Terms.

You agree that all details provided to us on the Website as part of placing an Order or otherwise are current, complete and accurate.

If Chilli Kanon does not accept the Order, we will inform you by email and refund any payment received for the Order in full.

Refunds, Exchanges & Feedback

Please choose carefully as we do not offer refunds for “change of mind”.

You may contact us to request a change to your Order. Any decision to accept Order changes is at our sole discretion.

Subject to rights and obligations under the Australian Consumer Law, we do not offer refunds if delivery is delayed via the courier service (See also 'Deliveries' section below).

In the event that your Product arrives damaged or faulty, please contact us at chillikanon@gmail.com. We will acknowledge your email within 24 hours and investigate immediately. We will keep you fully informed during the investigation and endeavour to resolve all disputes within a few days. If necessary, a full refund or exchange will be offered.

Refunds will be made using the same payment method used initially.

If you have any suggestions on how we may improve, please do not hesitate to contact us.

No Re-Sale

You must not purchase any products from Chilli Kanon for the purposes of resale to any third party. If Chilli Kanon has a concern with the quantity of products you have ordered from us or that you may be otherwise purchasing products for resale, Chilli Kanon may contact you when you place the Order or within a reasonable time after you submit your Order to obtain further information. We also reserve the right to cancel your Order if we believe in our reasonable opinion that you have purchased products for resale purposes.

Deliveries

Our deliveries are made through a courier service. On that basis, delivery times are subject to the terms and conditions of the courier service. 

We are unable to dispatch on a Saturday and Sunday. Orders received after 2pm on a Friday which we accept in accordance with these Terms will be dispatched to the courier service the following week.

Regretfully, we are unable to guarantee times of delivery and we are unable to offer timed deliveries of any kind. If you will not be home to accept delivery, we recommend you nominate a cool, safe place for delivery of the Product(s). We do not accept liability or responsibility for delivery details which are incorrectly supplied.

Pricing

All prices quoted, unless otherwise stated, are inclusive of GST (if any).  If a price is quoted as exclusive of GST and GST is payable on the corresponding supply, then you must pay us an additional amount equal to that GST. All prices, unless otherwise stated, are quoted in Australian dollars (AUD). Product prices do not include delivery fees.  Delivery fees, where applicable, are identified on the Website. The total price payable (including any delivery fee) is shown on the Website at checkout.

Payment

Payments will be accepted via our Website through third party payment gateways (Payment Gateways) and are limited to the options listed at checkout.  The Website may contain links to separate terms and conditions of the Payment Gateways.  Those links are provided for your convenience only, and we have no control over them and are not responsible for their use, effect or content.  We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

You must be fully entitled to use the payment method you have elected to use for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. We do not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required.

Consumer Guarantees

Under the Australian Consumer Law, certain statutory guarantees and remedies are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).

Where you as a Consumer acquire goods or services under these Terms through your use of the Website and those goods or services:

(a)   are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified; or

(b)   are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option:

                  (i)       in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and

                 (ii)       in the case of services, re-supplying the services or paying the cost of having the services re-supplied,

and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.

Liability

To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).

Except for any liability under the Consumer Guarantees, and to the extent permitted by law, we exclude all responsibility and liability arising from or in connection with your use of the Website, including, without limitation:

(a)   any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and

(b)   any other Losses.

Product Display

Please note that for photographic purposes some Products may have been featured with additional props, e.g. plates and cutlery. Unless something is listed in the Product description, it is not included.

Email Marketing

You may agree to receive our emails, offers and updates by clicking a box on our website asking you whether you would like to subscribe to our emailing list.  You can unsubscribe from our emailing list at any time.  

Privacy

When you use our Website or place an Order we will collect your personal information from you, and the personal information of the recipient of the Order. If you do not provide all the information we request or need, we may not be able to process your Order. We may disclose your personal information to our third party service providers to enable us to provide the Products to you. We do not disclose your personal information to third party service providers who are located overseas. Our Privacy Policy explains more about the types of personal information we usually collect and how we handle your personal information, as well as how you can request access to and correct the personal information we hold about you, how you can complain about our handling of your personal information and how we deal with complaints.  

You warrant that you have obtained the consent of all recipients:

(a)   for their personal information to be used by Chilli Kanon and its service providers to prepare and deliver Products to the recipients; and

(b)   to receiving Products and associated communications from Chilli Kanon and its service providers.

Miscellaneous

We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy.

These Terms are governed by the laws of Queensland, Australia.  You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts having appeal from them.

Interpretation

In these Terms:

(a)   Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as given effect under Part XI of the Competition and Consumer Act 2010, and under the same or similar provisions of state or territory legislation (as amended, replaced or superseded from time to time);

(b)   Consumer has the meaning given to that term by section 3 of the Australian Consumer Law;

(c)   Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning;

(d)   Order means an offer made by you to purchase any Products available on the Website;

(e)   Privacy Policy means our privacy policy, as amended from time to time and published at www.chillikanon.com (or any replacement web page from time to time); and

(f)    Product means any good capable of being purchased via the Website.

 As at March 2022