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 Australia 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 to the extent permitted by law makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Again, to the extent permitted by law, 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.
If your use of this website or its content is subject to the New Zealand Fair Trading Act 1986 (“FTA”) and/or Consumer Guarantees Act 1993 (“CGA”), you may have rights or remedies which are not excluded or limited by the above. However, if you are using this website or its content for business purposes, are acquiring goods or services in trade through this website and are in trade yourself, then the above exclusions and limitations will still apply and you agree that the CGA will not apply. Similarly, if you are acquiring goods or services in trade through this website and you are in trade, then you agree to contract out of sections 9, 12A and 13 of the FTA.
Your Privacy is Important
We are committed to protecting the privacy of everyone who shops or interacts with us. sets out our commitment to you on privacy, including our use of “cookies”.
These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of Germany.
- 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 to the extent permitted by law. 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, Tasmania and New Zealand.
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 all major credit cards including Mastercard, American Express, Diners Club and Visa. Products may also be purchased using Afterpay, subject to Afterpay’s terms www.afterpay.com/terms.
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. 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. 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.
- Customer Product Review terms and conditions
By submitting any content to Xpentr, you represent and warrant that:
you are the sole author and owner of the intellectual property rights thereto;
all “moral rights” that you may have in such content have been voluntarily waived by you;
all content that you post is accurate;
you are at least 18 years old;
You further agree and warrant that you shall not submit any content:
that is known by you to be false, inaccurate or misleading;
that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Xpentr (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Xpentr (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at Xpentr’s sole discretion. Xpentr reserves the right to change, condense or delete any content on Xpentr does not guarantee that you will have any recourse through Xpentr to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Xpentr reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Xpentr, are responsible for the contents of your submission.
None of the content that you submit shall be subject to any obligation of confidence on the part of Xpentr, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting your email address in connection with your rating and review, you agree that Xpentr and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
Company Name: Bin Estrella GmbH
Company Number: 06411000
Address: PALLASWIESENSTRASSE 180 64293,DARMSTADT’, Germany
(Please kindly note that this is not a returning address.)
If you have questions, please email us at email@example.com