TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALES AGREEMENT") VERY CAREFULLY.

The TERMS AND CONDITIONS conveyed below encompasses the sales agreement which must be read very carefully

THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Ample Investments Pty Ltd. ("Kellyville Mart"), IN ANY CASE IT MAY BE, THE SEPARATE AGREEMENT SHALL GOVERN).

This Sale Agreement is a legal contract between the Customer and “Kellyville Mart”. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "Kellyville Mart" shall relate to Ample Investments Pty Ltd and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and Kellyville Mart relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated concerning goods or services that have been purchased or sold on the Site in a writing signed by Kellyville Mart. Electronic records (including signatures) that are otherwise valid shall be accepted under the Sale Agreement. The Customer consents to receive electronic records, which may be provided via a web browser or e-mail application connected to the Internet, customers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Kellyville Mart at the address given below.

You agree that the provisions of this Sale Agreement shall control your invoice so as to avoid any conflict between the terms and conditions or Sales Agreement stated on your invoice.

Legal Capacity

The law states that a minor cannot enter into contracts. By making an on-line purchase, the Customer accepts these terms & conditions and acknowledges to be over the age of eighteen (18) years and enters into a legal contract with Kellyville Mart.

Should Kellyville Mart suffer any loss or damage, as a result of a transaction entered into by a minor, Kellyville Mart reserves the right to seek compensation and legal action for such losses from the parents or guardians of the minor who placed the order.

Governing Law

This agreement and any sales hereunder shall be governed by the laws of the State of New South Wales. The customer consents to the jurisdiction of any court for purposes of any suit, action or proceeding arising out of this sale agreement.

Risk of Loss

Information of goods herein being purchased passes to the customer upon delivery of the goods, unless otherwise specified or the payment for the goods is unsuccessful for any reason.Loss or damage that occurs during shipping by a carrier selected by Kellyville Mart is Kellyville Mart's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Information on intellectual property in any product will remain with the relevant manufacturer(s).

Export Sales

If goods are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. Also, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside Australia. Any and all liability is only for the products purchased.

General Legal Disclaimer

Kellyville Mart at this moment expressly disclaims all warranties either expressed or implied, including any warranty of merchantability for a particular purpose. This disclaimer by Kellyville Mart in no way affects the terms of the manufacturer's warranty if there is any.

The Customers acknowledges and agrees:

Kellyville Mart , Ample Investments Pvt Ltd. and their affiliates are retailers of products produced both locally and abroad and are not the manufactures of said products. All manufacturer’s warranty and guarantee must be directed to the manufacturer and not the retailer.

Third-Party Product

All products sold by Kellyville Mart are third party products and are subject to the warranties and representations of the applicable manufacturers. Accordingly, Kellyville Mart makes no representation or warranty concerning the quality of products sold or its purpose.

Product Information:

All products listed on Kellyville Mart website are described to the best of our abilities and the specifications reflect the information that has been provided to us. All care is taken to ensure this information is correct, but we cannot eliminate the possibility of human error.

Pricing and Information Disclaimer

All prices are subject to change. For all prices, products and offers, Kellyville Mart reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other attenuating circumstances.

Whist Kellyville Mart uses reasonable efforts to include accurate and up-to-date information on the Site, Kellyville Mart makes no warranties or representations as to the Site's accuracy. Kellyville Mart assumes no liability or responsibility for any errors or omissions in the content on the Site.

Disclaimer – Credit Card

Kellyville Mart does not take responsibility or liability for direct or indirect damages & consequential losses suffered by the use of fraudulent or unauthorized credit cards. Kellyville Mart does not take responsibility or liability for direct or indirect damages & consequential losses associated with damage to goods occurring during delivery. The Customer shall contact Kellyville Mart to make a shipping claim and Kellyville Mart shall resolve the complaint with the transit insurer.

By accepting these terms and conditions, the Customer acknowledges that he/she has sufficient information of this disclaimer, he/she has entered into this transaction and accepted this disclaimer of his or her free will.

Kellyville Mart does not store credit card information, irrespective of payment medium. When using internet payment facility, the Customer is passed to the secured bank site to enter their credit card details. At no time is Kellyville Mart notified of the credit card details.

Credit Card Fraud

At Kellyville Mart, we take online fraud very seriously, and our primary goal is to ensure our valued Customers are assured that transacting with us is secure, safe and a very easy procedure.

Kellyville Mart employs a third-party credit card processing company that employs the latest in Secure Sockets Layer (SSL) technology. They ensure the highest form of encryption possible, and this protects your details as they go over the internet.

Their secure server software (SSL) is the industry standard and among the best software available today for secure e-commerce transactions. It encrypts all of your personal information, including credit card number, name and address, so that it cannot be read as the information moves over the Internet.

Kellyville Mart will not enter into any transaction on suspicion of use of fraudulent or unauthorized credit card. This includes suspension and cancellation of the transaction and prevention delivery of goods which are the subject of a suspected illegal transaction. Kellyville Mart will take reasonable action to notify relevant authorities and providing all information on the transaction to facilitate prosecution of the offender.

Payments:

  • All payments are done through our Kellyville Mart Secure Online Checkout System.
  • All payments are pre-paid.
  • Kellyville Mart accepts credit cards (Visa & MasterCard, American Express) and PayPal.
  • All Prices include GST and are quoted in Australian Dollars.
  • Please note that we do not store your credit card information on our server.
  • If the card payment is declined by your issuer for any reason, we cannot hold goods against your order.

Limitation of Liability

Kellyville Mart will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Kellyville Mart will not be liable for products or services not being available for use or for lost or corrupted data or software. The Customer agrees that for any liability related to the purchase of products or services, Kellyville Mart is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.

Arbitration

Any claim, dispute, or controversy (whether in contract or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional and equitable claims) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), Kellyville Mart's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Commercial Arbitration Act 1984 NSW. Each party shall bear its cost of any legal representation, discovery, or research required to complete arbitration.

Delivery

The terms of this clause apply where you select to have your goods delivered to your chosen address.

The delivery address must be an address within Australia and cannot be a freight forwarding location. Delivery cannot be made to two locations. (E.g. splitting your order and delivering to two separate locations.)

On acceptance of your order by Kellyville Mart, your order will be dispatched within seven business days of the date you place your order. If we cannot dispatch your order within 7days, we will notify you of the reason why your order was not dispatched. Such notice well is sent by email or phone which ever method is convenient to Kellyville Mart.

All deliveries are made to the address as chosen by you, during business hours onlyyou will be required to be available in person to receive the delivery. If you are not available at the time of the delivery the delivery contractor can leave the parcel at your door if you instruct in writing.

If you instruct us to leave the parcel at your door, such instruction must be given in writing before the date of delivery. No responsibility will be taken by us if the parcel is reported as missing after the delivery if confirmation of delivery of the parcel has been provided to us by the delivery contractor.

Otherwise, if you are not present at the time of the delivery, then the delivery contractor will not leave your order at the address. In such event your Order charges paid for original delivery may be forfeited, a restocking fee of $20 will be applied. Furthermore, in instances of perishable items, a replacement charge will apply.

Kellyville Mart RETURN POLICY

Kellyville Mart has a return goods policy under New South Wales Consumer Laws and subject to Manufacturer’s Warranty

Please choose carefully as refunds are not provided if you have simply changed your mind, made a wrong selection or found a cheaper item elsewhere.

  • Kellyville Mart offers a 7-day return policy on selected items based on manufacturer return policies. For further information, not listed here, please contact Kellyville Mart.
  • All products returned MUST be 100 percent complete; and contain ALL original manufacturer boxes with the original UPC code and packing materials including all manuals, blank warranty cards, accessories and any other documentation included with the original shipment.
  • Courier charges on returned items are the Customer's responsibility. Kellyville Mart may match the shipping method and pay for shipping on replacement or exchange item(s). For your protection, we strongly recommend you fully insure your return shipment in case of loss or damage. Please use a carrier that can provide you with proof of delivery.
  • If you receive a damaged merchandise, it is expected that upon inspection you should reject the delivery and hand over the package back to the couriers. If you accept the package, make sure it is noted on the carrier's delivery record for Kellyville Mart to file a damage claim. It is expected that you save the merchandise and the original box as soon as it arrives, notify Kellyville Mart immediately to arrange for a carrier inspection and a pickup of the damaged merchandise. If you do not notify Kellyville Mart of damaged goods within the first seven days of arrival, no claim for return and/or compensation will be issued. DEFECTIVE items must be returned directly to Kellyville Mart within seven days from the receipt date. Also know that Kellyville Mart has sole discretion for credit, replacement, exchange or repair.
  • NON-DEFECTIVE returns may be accepted by Kellyville Mart at its sole discretion and on terms that Kellyville Mart sees it fit.
  • Kellyville Mart will not accept any returns without proof of the purchases. Kellyville Mart recommends customers to keep a copy of the receipt to prove the purchases.

CONTACT Kellyville Mart

By Phone: 02 8605 6309

By Email: info@kellyvillemart.com.au

By Mail: Shop 1 Ground Floor, 10 Merriville Rd, Kellyville Ridge NSW 2155

In Person: Shop 1 Ground Floor, 10 Merriville Rd, Kellyville Ridge NSW 2155.