KITCHEN THINGS WEBSITE TERMS OF USE
Welcome to the website of Kitchen Things. Please read these terms of use of our website as they apply to your use of the website
and our products and services. By using this website, you are deemed to have agreed to be bound by these terms of use. If you
do not accept these terms you must refrain from using the website.
ADDITIONAL TERMS
You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from
time to time through this website, prior to being able to obtain or participate in such promotions or competitions. Any such
additional terms and conditions must be read in conjunction with these terms and conditions. In the event of any inconsistency
between these website terms and any promotion or competition terms and conditions, the relevant promotion or competition terms
and conditions will prevail.
TERMINOLOGY
In these terms and conditions, the expressions "we", "us" and "our" are a reference to Kitchen Things Holdings Limited trading as
Kitchen Things.
AMENDMENTS TO TERMS & CONDITIONS
We reserve the right to amend these terms of use from time to time. Amendments will be effective immediately upon notification on
this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the
terms and conditions as amended.
GENERAL CONDITIONS OF USE
Any product or service provided by us is done so subject to these website terms of use, the Terms and Condition of Sale and
any terms and conditions relating to any particular product or service. In the event of any inconsistency between the website terms
of use and the Terms and Condition of Sale the Terms and Conditions of Sale will prevail.
INFORMATION SERVICE
All information provided by us pursuant to these terms of use is provided in good faith. You accept that any information provided
by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be
accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information from time to
time.
In addition, we do not make any representations or warranties that the information (including, but not limited to, graphic information)
we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are
not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You
should make your own inquiries and seek advice before acting or relying on any information or material which is made available to
you.
SALE OF GOODS
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information
due to an error or oversight. In these circumstances, we reserve the right to sell the product at the price displayed in store.
DISCLAIMER
We do not accept responsibility for any loss, damage, any consequential indirect or special damage or loss of any kind whatsoever
however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this
website or any link to any other website (linked website). Nor do we accept any responsibility for any such loss arising out of
your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is
hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying
the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our
liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
EXCEPTION TO DISCLAIMER
The disclaimer set out in these terms of use does not attempt or purport to exclude liability arising under statute if, and to the
extent, such liability cannot be lawfully excluded.
Nothing in this disclaimer is intended to exclude, restrict or modify a consumer's rights under the Consumer Guarantees Act 1993.
Nothing in this disclaimer is intended to exclude Kitchen Things' obligation under any product warranty that Kitchen Things has
given. In the event of any inconsistency between these website terms and any product warranty given by Kitchen Things the terms
of the product warranty will prevail.
SPECIFIC WARNINGS
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own
precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses,
malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt,
we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your
use of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy,
adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept
responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this
website.
Responsibility for the content of advertisements (if any) appearing on this website (including hyperlinks to advertisers' own websites)
rests solely with the advertisers. The placement of such advertisements (if any) does not constitute a recommendation or
endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in
connection with its advertisement.
COPYRIGHT
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other
than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which
applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any
means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this
website; or
(b) commercialise any information, products or services obtained from any part of this website
without our written permission.
TRADE MARKS
Except where otherwise specified, any word or device to which is attached the TM is the trade mark and to which is attached the
® symbol is a registered trade mark. If you use any of our trade marks in reference to our activities, products or services, you must
include a statement attributing that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our products or services (including this website).
RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised
to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited.
Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
LINKED WEBSITES
This website may contain some hyperlinks to other third party websites. These sites have not been prepared by us and are not
under our control. Those linked websites are provided for your convenience only and may not remain current or be maintained.
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We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or
operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on
those linked websites, unless and to the extent stipulated to the contrary.
CURRENCY & GST
All prices shown listed by us are in New Zealand dollars. The current price list (which lists prices as GST inclusive), is subject to variation in accordance with the Terms and Conditions of Sale .
PRIVACY POLICY
We undertake to comply with the terms of our Privacy Policy which is found on this website.
SECURITY OF INFORMATION
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such
information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any
information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take
reasonable steps to preserve the security of such information. You should never share your secure information, password or
identifier with any other person.
INDEMNITY
You agree to indemnify us at all times against any loss, damage or cost (including consequential loss or damage) suffered or
incurred by us as a direct or indirect result of any inaccurate or incomplete information provided by you to us or any breach by you
of any of your obligations under these terms of use.
TERMINATION OF ACCESS
Access to this website may be terminated at any time by us without notice. The provisions in these terms relating to copyright,
trade mark, disclaimer, limitation of liability,linked websites and governing law will survive any termination.
PARTIAL INVALIDITY
If any provision of these terms of use is or becomes invalid or unenforceable, that provision will be deemed deleted from these
terms of use. The invalidity or un-enforceability of that provision will not affect the other provisions of these terms of use, all of
which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the
deletion of the invalid or unenforceable provision.
GOVERNING LAW
These terms of use will be subject to the laws of New Zealand and the users of this website submit to the exclusive jurisdiction of
the New Zealand courts.
FORUMS
If this website contains chat rooms, bulletin boards or any other communication forums you agree to only use the Forums
to send and receive material and messages that properly relate to the particular Forum. You agree that when accessing a Forum
you will not:
(a) abuse, threaten, harass, stalk, defame or otherwise violate the legal rights of other users of the Forums;
(b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or
information;
(c) upload files that contain information or software protected by intellectual property laws unless owned or controlled by
you or used by consent of the owner;
(d) upload files that contain viruses, corrupted files, or any other software or programmes that may cause damage to the
computers of other users of the Forums; and
(e) advertise, or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
You acknowledge and agree that Forums are public communications and that communications by other users are not endorsed by
Kitchen Things and have not been reviewed, screened or approved by Kitchen Things.
Kitchen Things, at its sole discretion and without notice, reserves the right to remove any content from the Forums and to deny any
user access to this website or any portion of it.
CONTACTING KITCHEN THINGS
If you have any questions or concerns in relation to the website or these website terms of use or the Terms and Conditions of Sale please contact Kitchen Things +64 478 8350.