TERMS & CONDITIONS
These Terms and Conditions govern the use of ninjakitchen.com.au (hereinafter "the website") and the purchase of any goods from it. The website is owned and operated by Mann&Noble Pty Ltd (hereinafter "M&N"), ABN 87 147 260 197.
GST: The prices of goods listed on this site include a Goods & Services Tax of 10.0%.
Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). M&N reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Terms and Conditions of Supply
All contracts for the sale of goods from M&N shall incorporate these Terms and Conditions of Supply. Neither the performance in whole or in part of the customer's (hereinafter called 'the buyer') order nor any other conduct on the part of M&N shall be construed as the acceptance by M&N of terms or conditions inconsistent with these Conditions of Supply. Any variance must be agreed in writing by both parties.
- Payment shall be made prior to dispatch.
- M&N reserves the right to pass on to the Buyer any changes in price after acceptance of the Buyers order which arise from circumstances beyond M&N's control.
- All sales are made outright. Goods are not sold on a return basis unless agreed upon by M&N. Goods returned must be unused and packaging must be completely undamaged and unmarked. M&N reserves the right to deduct 10% from all credits to cover processing costs.
- All claims for incorrect, damaged or short deliveries must be made within 14 days of receipt of goods, quoting the relevant order reference. Any claim lodged after this period will be invalid.
- When purchasing goods from M&N, the Buyer provides their addresses in the general expectation that there will be follow-up communications.
- M&N reserves the right to charge freight on all orders under $100. Orders over $100 are excluded from freight charges.
- The owner has had the opportunity to obtain legal advice in relation to these terms of trade including without limitation the guarantee provided above.
Our Security Policy
We want to ensure you can shop online with complete confidence. We take many measures to give absolute security to our customers in dealing with us.
Credit Card Security & Fraud
Our on-line credit card payment system is a dedicated secure encrypted module, using state of the art technology supplied and powered by DPS (www.dps.co.nz) and the HSBC Bank. This is a complete and safe system to use your credit card to pay for your product. Your credit card details are completely safe and cannot be accessed. We chose DPS specifically and have invested in their services for your security and peace of mind when buying by credit card on-line.
The biggest issue with credit card fraud is created by access gained to your credit card details by other means. Your credit card details could be compromised and used to purchase goods without your knowledge. Our agreement with the HSBC Bank provides that they can access and remove refund monies from our account where credit card fraud is alleged. Your bank will usually refund you immediately (less any charges they may have). Our business is a secure one. We do not want you to have any doubts about our reliability and credibility or fear that fraud could happen.
Limitation of Liability
Any liability of M&N in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of M&N will be limited to the replacement or repair of the goods.
The information contained on the website is provided by M&N in good faith. To the best of M&N's knowledge, the information is accurate and current. However, M&N and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("M&N's Associates") do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, M&N disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. M&N makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements. You expressly acknowledge and agree that M&N does not control links with this website and M&N is therefore not liable for the opinions or behaviour of such links, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", M&N will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
Copyright in the ninjakitchen.com.au website is property of M&N. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of M&N and third parties. This property may only be used for the purposes of browsing the ninjakitchen.com.au website and acquiring goods and services of ninjakitchen.com.au.
These Terms and Conditions are governed by the laws in force in Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Australia.
All care is taken to ensure that ninjakitchen.com.au websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against M&N and M&N's Associates which relate to or are incidental to any transaction. You agree to indemnify and hold M&N harmless from and against any and all claims, loss or expense that may be incurred by M&N or M&N's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold M&N and M&N's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your computer, of any intellectual property or other right of any person or entity.