Terms and Conditions
Terms and Conditions
KD Trading Australia Pty Ltd trading as KD Catering Supplies Terms and Conditions of Sale and Supply
By ordering Goods from the Seller, the Buyer agrees that the following Terms and Conditions shall apply to the supply of the Goods (“Agreement”).
These Terms and Conditions replace any previous terms and conditions and may be varied from time to time.
In these Terms and Conditions:
1.1. “ACL” is an abbreviation of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time);
1.2. “Consequential Loss” means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise;
1.3. “Consumer” means a consumer as that term is defined in section 3 of the ACL;
1.4. “Seller” means KD Trading Australia Pty Ltd ACN 607 614 657 trading as KD Catering Supplies ABN 92 167 521 128 and includes their successors and permitted assigns;
1.5. “Buyer” means the person/s ordering Goods as specified in any invoice, document or order, and it includes the Buyer’s personal representatives, successors and permitted assigns;
1.6. “Goods” means all goods or services supplied by the Seller to the Buyer at the Buyer’s request from time to time;
1.7. “Price” means the Price payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 5 below.
1.8. “Small Business” means a small business that meets the criteria of section 23(4)(b) of the ACL.
1.9. “Terms and Conditions” means these Terms and Conditions of Sale and Supply.
1.10. “Website” means
2. Register an Account
2.1. In order to register an account on the Website, the Buyer must accept these Terms and Conditions and create an account. Registration of the Buyer’s account is only effective when the online registration is accepted and communicated to the Buyer via email from the Seller acknowledging the account.
2.2. The Buyer will create an account and password that shall be used by the Buyer for all transactions on the Website.
2.3. Registration of an account on the Website is for users residing in Australia only.
3. Ordering Goods
3.1. An account holder may place an order at any time to purchase Goods from the Seller via the Website ("Order").
3.2. Upon an Order being placed, the Seller will send the Buyer an email confirming receipt of the Order.
3.3. Once the Buyer has submitted an Order, it may not be cancelled or amended.
3.4. The Seller may cancel an Order at any time for any reason before delivery by giving written notice to the Buyer. On giving such notice, the Seller shall fully refund the Buyer any money paid by the Buyer for either the Goods or freight charges.
3.5. In the event that the Seller cancels an Order, the Seller shall not be liable for any loss or damage, including Consequential Loss, arising from such cancellation.
4.1. Some Goods may be available for purchase in full carton quantities only.
4.2. Images on the Website have been provided for illustrative purposes only and the Seller does not guarantee that any image will reproduce the true colour nor that any given image will reflect or portray the full design or options relating to the Goods.
5. Price and Payment
5.1. The amounts payable for the Goods will be specified on the Website at the time of placing an Order ("Price"). The Price is in Australian Dollars (AUD) and where applicable, is exclusive of GST.
5.2. Whilst the Seller takes all reasonable steps to ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If the Seller discovers an error in the Price of any Goods which the Buyer has ordered, the Seller will inform the Buyer of this as soon as possible and give the Buyer the option of reconfirming the Order at the correct price or cancelling it. If the Seller is unable to contact the Buyer, the Seller will treat the Order as cancelled. If the Buyer cancels the Order and the Buyer has already paid for the Goods, the Seller will provide a full refund to the Buyer to the original form of payment.
5.3. The Seller endeavours to ensure that the Goods listed on the Website are current however, the Seller gives no undertaking as to the availability of any of the Goods advertised on the Website.
5.4. The Seller reserves the right to vary the Price for any of the Goods from time to time, such variation to take effect immediately upon posting of the amended Price on the Website.
5.5. Freight charges will be payable in addition to the Price and such additional charges are clearly displayed where applicable and included in the 'Total’.
5.6. The Price and any freight charges are due and payable upon the placing of an Order via the Website.
5.7. The Seller shall not accept any Order for which the applicable Price and freight charges have not been paid in full.
Australia - Metropolitan Delivery
6.1. The Seller’s standard delivery times are 2-5 business days from the date of dispatch, however, during sale / promotional events, delivery may be longer than these specified delivery times.
Australia - Non-Metropolitan Delivery
6.2. The Seller’s standard delivery times for non-metropolitan deliveries cannot be guaranteed. Please contact a KD Catering Supplies, should you wish to further discuss delivery times to non-metropolitan areas.
6.3. Any standard delivery times should be treated as an estimate only and the Seller shall not be liable for any loss or damage, including Consequential Loss, arising from delay in delivery or failure to deliver the Goods, either whole or in part, due to circumstances beyond its control.
6.4. Orders received before 1:00pm CST on any given business day will be dispatched the following business day.
6.5. The Buyer must provide a delivery address within Australia. A final freight charge will be automatically calculated when completing the purchase at checkout, based on the delivery location and the size of the Order. Subject to clause 5.2, 6.6 and clause 11, all freight charges are non-refundable.
6.6. The Seller reserves the right to amend freight charges for Orders which have specified the incorrect freight charges. The Buyer will be notified by telephone or email prior to dispatch of the Order if amendments to freight charges are required. The Buyer must accept the amended freight charges within 2 Business Days of receiving notification from the Seller. Upon such acceptance, the Seller will adjust the total amount charged to the Buyer’s credit card in accordance with clause 5.6. If the Buyer does not accept the amended freight charges, the Order will be deemed to have been cancelled. Orders will not be dispatched until after the amended freight charges are paid.
6.7. The Seller’s obligation to deliver shall be discharged on delivery of the Goods to the Seller’s nominated delivery address appearing on the Order. If the Buyer is unable or unwilling to accept physical delivery of the Goods when the Goods are ready for delivery, the Seller shall be entitled to charge a re-delivery fee or to arrange for storage of the Goods at the Buyer’s risk. The Buyer shall be liable for all transportation, storage and other consequential costs. The Order shall not be re-delivered until these further costs, which are at the discretion of the Seller, are fully paid.
7.1. Risk of damage to or loss of the Goods passes to the Buyer immediately on delivery of the Goods to the Buyer.
7.2. Goods will not be left unattended at the delivery address without the Buyer’s permission.
8.2. The Website may be hosted, or some data may be stored overseas. All personal information derived from Australia will still be treated in accordance with the Seller’s policies whilst being stored overseas.
9. Conditions of Use
9.1. The Buyer must not, in any form or by any means
A) use or register as a trade mark, business name or domain name any trade mark, name or logo similar to those used by or associated with the Seller;
B) use, adapt, reproduce, store, distribute or copy any of the material or content located on the Website;
C) do anything that would cause the Seller or the Website to be brought into disrepute; or
D) copy, reverse engineer or decompile any component of the Website, without the Seller’s prior written consent, such consent to be provided or withheld in the Seller’s absolute discretion.
9.2. The Buyer hereby indemnifies the Seller in respect of any loss or damage suffered by the Buyer or a third party as a result of the Buyer’s use of the Website.
10.1. The Buyer agrees that the Agreement between it and the Seller shall commence on the date that it registers an Account via the Website and shall continue until such time as it is terminated by the Seller or closed by the Buyer.
10.2. The Seller may terminate the Agreement and close the Buyer’s account by giving the Buyer written notice if the Buyer has breached any term of the Agreement.
10.3. Termination of the Agreement will not affect the accrued rights and remedies of either party.
11. Defects, Warranties and Returns
11.1. The Seller does not accept returns and will therefore not offer a refund for change of mind, incorrect selection or in the event that a cheaper price is found elsewhere. The Buyer should preview any items before adding them to the shopping cart and proceeding with the order.
11.2. The Buyer must inspect the Goods on delivery and must within five (5) business days of delivery notify the Seller in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description in relation to the Goods. Upon such notification the Buyer must allow the Seller to inspect the Goods. If the Buyer fails to provide such notice then the Buyer shall be deemed to have accepted the Goods
11.3. Subject to this clause 11, returns will only be accepted provided that:
a) the Buyer has complied with the provisions of clause 11.2; and
b) the Seller has agreed in writing that the Goods are defective; and
c) the Goods are returned by the Buyer to the Seller within a reasonable time; and
d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
11.4. Under applicable State, Territory and Commonwealth Law (including, without limitation the ACL), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the ACL) may be implied into these Terms and Conditions (“Non-Excluded Guarantees”), Nothing in these Terms and Conditions is intended to exclude or restrict the application of such laws.
11.5. The Seller’s liability for breach of any Non-Excluded Guarantees, conditions or warranty is limited at the Seller’s option, to in the case of Goods, the repair of the Goods, the replacement of the Goods or paying for the cost of repair or replacement the Goods.
11.6. Notwithstanding clauses 11.1 to 11.5 but subject to the ACL:
a) the Seller shall not be responsible for the consequence of any representation made or technical advice given by its employees, agents or sub-contractors in connection with the design and use of the Goods or in relation to any description on the Website for the Goods and the Buyer agrees that all such advice is accepted by the Buyer entirely at the Buyer’s risk;
b) except as otherwise expressly specified in the terms of any applicable written warranty provided by the Seller, the Seller’s liability to the Buyer (whether arising under statute, contract, tort (including negligence), equity or otherwise) for any defect in the Goods, or the supply of the Goods, is limited, at the Seller’s option, to in the case of Goods, the repair of the Goods, the replacement of the Goods or paying for the cost of repair or replacement of the Goods;
c) the Seller is not liable to the Buyer or anyone else in connection with the Goods or the supply of the Goods or with these Terms and Conditions (including any changes to the Terms and Conditions), including without limitation for:
i) any losses, costs, damages, expenses, claims, demands, actions, suits or proceedings (including without limitation for damage to the Goods or injury to any person) arising from:
A. the loading, unloading or delivery of the Goods;
B. a failure to deliver, or delay in delivering, the Goods;
C. the removal of defective Goods.
ii) any direct, indirect or Consequential Loss or damage, any loss of actual or anticipated savings, opportunity, revenue, profit or goodwill, or other economic loss; and
iii) any claim, action or proceeding by a third party against the Buyer (or any loss, damages or liability incurred or suffered by the Buyer as a result of any such claim, action or proceeding); and
d) the Buyer indemnifies the Seller from and against all losses, damages, costs and expenses suffered or incurred by the Seller, and all claims, demands, suits, actions or proceedings made or brought against the Seller, arising out of:
i) the Seller’s use of or reliance on any materials, design, drawing or specification provided to the Seller by the Buyer (including any allegation or claim that any such use or reliance by the Seller infringes the intellectual property rights of any person);
ii) any loss or damage caused by or during the processing of materials supplied to the Seller by the Buyer; or
iii) the Buyer failing to properly maintain or store any Goods;
iv) the Buyer using the Goods for any purpose other than that for which they were designed;
v) the Buyer continuing the use of the Goods after any defect became apparent or should have become apparent to a reasonably prudent user;
vi) the Buyer failing to follow any instructions or guidelines provided by the Seller;
vii) fair wear and tear, any accident, or act of God.
11.7 Notwithstanding anything contained in this clause if the Seller is required by law to accept a return then the Seller will only accept a return on the conditions imposed by that law.
11.8 Subject to this clause 11 and the terms of any applicable written warranty provided by the Seller, the Seller makes no warranties or other representations under these Terms and Conditions including but not limited to the quality or suitability of the Goods. All implied conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to these Terms and Conditions or their subject matter are excluded to the maximum extent permitted by law.
12.1. Any notice given by the Seller to the Buyer will be served in writing by email to the address provided to the Seller by the Buyer.
12.2. Any such notices shall be deemed to be served as at the time the relevant email is sent by the Buyer to the Seller and on the basis no bounce-back or undeliverable notification is received.
13.1. This Agreement is governed by the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.
13.2. The failure by the Seller to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
13.3. Subject to clause 11, the Seller shall be under no liability whatsoever to the Buyer for any indirect and/or Consequential Loss suffered by the Buyer arising out of a breach by the Seller of these Terms and Conditions (alternatively the Seller’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
13.4. The Buyer warrants that it has the power to enter into this Agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
[ACA1] 13.5. The Buyer must not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. The Seller may assign or transfer its rights or obligations under this Agreement at any time without obtaining the Buyer’s consent.
13.6. No waiver by a party of any breach or default by any other party is effective unless reduced to writing and signed by the party making such waiver, and any such waiver does not constitute a waiver of any other continuing breach or default under this Agreement.
13.7. Please note during the transition period to Detpak as the new supplier of food delivery bags, there may be some instances where a customer receives an allocation of prior stock bags rather than Detpak food delivery bags. These bags may feature different artwork or technical specifications.
[ACA1]This is already set out in clause 11.6
Copyright subsists in the various forms of work and subject matter on and accessible from KD Catering Supplies website.
Apart from fair dealing permitted by the Australian Copyright Act 1968, KD Catering Supplies grants visitors to the site a licence to download and display its copyright material for private and non-commercial purposes only.
For reproduction or use of KD's copyright material beyond this limited licence, permission must be sought from KD Trading Australia Pty Ltd. That permission, if given, will be subject to conditions that will include a requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, either in whole or in part.
No permission to reproduce or use KD's copyright material, other than that expressly stated above, is to be implied by the availability of that material on this site.
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