Terms & Conditions

General Terms and Conditions


This agreement is a contract between the customer (you) and Ned Kelly Australia,  ABN 66 287 886 563 Address PO Box 1611 Noosa Heads,QLD,Australia. These terms and conditions apply to the ordering, purchase, fulfilment and delivery of goods from http://www.nedkellyaustralia.com.au


Please read the following Terms and Conditions carefully before placing your Order with Ned Kelly Australia Online. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability. In addition to these Terms and Conditions, other important conditions may be applicable to your Order, such as the Returns Policy as identified below, or specific terms for certain Goods as identified in the product description field on the Website (e.g. Supplier Direct Terms).


All references to times are based on the local time in Brisbane, Australia unless stated otherwise.


If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre on (07) or email us at contact@nk1880.com.au and a representative will be happy to assist you. 

The following apply to these Terms and Conditions.


Business Days means a week day in which trading banks are open for the transaction of banking business in Brisbane, Australia.


Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website, excluding Post Office Boxes.


Delivery Agent means any nominated third party delivery or shipping company for Ned Kelly Australia


Delivery Fee means the fees charged by the Delivery Agent of Ned Kelly Enterprises for the delivery of Goods in accordance with clause 7, as amended from time to time.


Goods means the items offered for sale, described or displayed on the Website.


GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).


Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.


Order means a request by you to purchase Goods from Ned Kelly Australia in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).


Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).


Privacy Policy means the Ned Kelly Enterprises Privacy Policy found on the Website. http://www. 


Returns Policy means the Ned Kelly Enterprises Policy found on the Website. http://www. 


Terms and Conditions means these terms and conditions, as amended from time to time.


Website means http://www.nedkellyaustralia.com.au


Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.


We or Us or Our or Ned Kelly Australia / Nk1880  ABN 66 287 886 563


You or Your means you as the purchaser of Goods from Ned Kelly Australia pursuant to these Terms and Conditions.

 

2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you place will be a separate and binding agreement between you and Ned Kelly Australia with respect to the supply of Goods, in accordance with these Terms and Conditions

3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order.
3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply as set out on the Website from time to time.
3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Ned Kelly Australia will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
You also agree to obtain consent to provide Ned Kelly Australia any personal details for nominated recipients of gifts.
3.5. You may Order from Ned Kelly Enterprises if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.6. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless changes to the Order are made by agreement with Ned Kelly Australia in accordance with clause 5.1 of these Terms and Conditions and any cancellations are otherwise in accordance with these Terms and Conditions). However, we will allow you to return Goods in accordance with the Returns Policy. You must check your Order carefully prior to submitting your Order with us. For terms regarding cancellations or returns of Orders, see the “Order cancellation and returns” section (clause 11) of these Terms and Conditions.
3.7. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one?. A separate Delivery Fee will apply to each Order? in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of $10,000 (exl GST).
3.8. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre in regards to your Order.

4.1 Ned Kelly Enterprises reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it represents an agreement by Ned Kelly Enterprises to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.2 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Ned Kelly Australia will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.3 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Ned Kelly Australia is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.4 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order under clause 4.1 and we will notify you of that rejection via phone or email within five (5) Business Days after the placement of the Order. Ned Kelly Enterprises will not be liable to you for your loss or that of any third party for the rejection of an Order.


These Terms of Use govern your use of the Ratings and Review service (Service) offered by Ned Kelly Australia


5.1 Please read these Terms of Use carefully before using the Service. These Terms of Use contain important information about your responsibilities and liability when submitting information through the Service. In addition to these Terms and Conditions, other important conditions may be applicable to your use of the Service, such as Ned Kelly Australia’s Privacy Policy.
5.2 You agree to be bound by these Terms of Use each time you submit content (including reviewing, rating and commenting on products) through the nedkellyaustralia.com.au website  by using the Service.
5.3 You acknowledge and agree that:
        (a) you shall not submit any content that is known by you to be false, inaccurate or misleading;
        (b) you shall not submit any content that infringes any third party's intellectual property rights (including copyright, trade marks, patents, designs, and any other rights, whether registered or not);
        (c) you shall not submit any content that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or privacy);
        (d) you shall not submit any content 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;
        (e) you shall not submit any content for which you were compensated or granted any consideration by any third party;
        (f) you shall not submit any content that includes any information that references other websites, addresses, email addresses, personal information or phone numbers; you shall not submit any content that contains any computer viruses, worms or other potentially damaging computer programs or files; and you unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of your moral rights in the content you submit (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;
5.4 By submitting any content to Ned Kelly Australia, you represent and warrant that:
        (a) You are the sole author and owner of the intellectual property rights in the content, and the content is your original and independent creation;
        (b) All content that you submit (including personal information)  is true, accurate, complete and up to date, and in the case of personal information, is your own personal information (or if that of another person, you have obtained that person’s consent);
        (c) You are at least 16 years old;
        (d) Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and
        (e) Use of the content you supply will not breach any law, or infringe any third party’s rights (including intellectual property rights).
5.5 You acknowledge that you, not Ned Kelly Enterprises, are responsible for the contents of your submission.
5.6 For any content that you submit, you assign to Ned Kelly Enterprises all rights, title and interest in and to the content in relation to all media (including, but not limited to the internet), and whether in existence now or created in the future.  For the avoidance of doubt, Ned Kelly Enterprises may 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,
5.7 All content that you submit may be used at Ned Kelly Australia’s sole and absolute discretion.  However, your submission of content through the Service does not constitute a representation that Ned Kelly enterprises will use the content.
5.8 You consent to Ned Kelly Enterprises having the right to change, condense, delete any content for the purposes of publication, including because Ned Kelly Australia deems the content to violate the content guidelines or any other provision of these Terms of Use. Ned Kelly Enterprises accepts no responsibility or liability where your comments are downloaded from the Website by any persons, and for any matters arising after such download.
5.9 You will not have any recourse through Ned KellyAustralia to edit, remove or delete any content (or part thereof) you have submitted, Therefore, you should carefully check that the content of your submission is accurate before you submit it to us.
5.1 Where Ned Kelly Enterprises determines that it will use your submissions, ratings and written comments on the Website, Ned Kelly Australia will post such content within approximately two to four business days (although from time to time, this may take longer) . However, Ned Kelly Australia reserves the right to remove or to refuse to post any submission for any reason.
5.11 You acknowledge and agree that the information submitted is not confidential (to you or any other third party), and is not subject to any obligation of confidence on the part of Ned Kelly Australia, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
5.12 If you provide personal Information (such as your name and email address) when using the Service, Ned Kelly Australia will use that information for the purpose of managing your review in accordance with Ned Kelly Australia’s Privacy Policy. For further information regarding Ned Kelly Enterprises's Privacy Policy including how to access or update any records of Personal Information, please click here.
5.13 You agree to indemnify and hold Ned Kelly Australia (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers harmless from all claim, loss (including, but not limited to, any indirect, consequential or economic loss), liability, damage, action, proceeding, judgment, cost and expense that is, or may be, incurred or sustained by the Indemnified caused by or arising out your breach of these Terms of Use or your violation of any law or the rights of a third party.
5.14 To the fullest extent permitted by law, Ned Kelly Australia will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms of Use.
5.15 Ned Kelly Enterprises excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms of Use.
5.16 Our liability to you for loss or damage of any kind arising out of these Terms of Use will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
5.17 Ned Kelly Enterprises reserves the right at all times to make changes to these Terms of Use. Any variations to these Terms of Use will take effect from posting on the Website. The Terms of Use, which apply at the time of submitting your content, are those that govern your relationship with Ned Kelly Enterprises with respect to the Services.
5.18 Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in any other jurisdiction.
5.19 A failure or delay by Ned Kelly Australia to exercise a power or right under these Terms of Use does not constitute as a waiver of that power or right, and the exercise of a power or right by Ned Kelly Enterprises does not preclude its future exercise or the exercise of any power or right.
5.20 The laws of Queensland, Australia govern this agreement.

7.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Ned Kelly Enterprises will use reasonable endeavours to either source the Goods, or contact you within five (5) Business Days to either arrange a full or partial refund, or change your Order to replace the Goods with a comparable product in a similar price range (where available) as agreed with you, or come to an alternative arrangement. Where a comparable product or alternative arrangement cannot be agreed upon, then we will refund you the Price paid for the Goods. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Ned Kelly Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
7.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Subject to clause 5.3, Ned Kelly Australia will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
7.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that Good within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Ned Kelly Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
7.4. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Ned Kelly Australia will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Returns Policy.
7.5 You acknowledge and agree that: 
     (a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life; 
     (b) you have read any corresponding written description of the Goods prior to submitting your Order; 
     (c) the colour of Goods as shown on the Website may vary slightly in shade in real life; 
     (d) where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and 
     (e) any accessory featured with the Goods is for illustration purposes only, and may be sold separately.
7.6 Gift receipts are currently not available for Orders.

8.1 The Price in respect of a Good is specified on the Website.
8.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.
8.3 Ned Kelly Enterprises reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.4 will apply).
8.4 In respect of any Order, we will charge you and you agree to pay: 
     (a) the Price (which is the Price at the time the Order is submitted); and 
     (b) subject to clause 9, the Delivery Fee.
8.4 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card or Pay Pal. When paying by credit card, you authorise Ned Kelly Australia to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order. 
8.5 Layby is not available for purchases made on the Website.
8.6 You acknowledge and agree that any payment in respect of an Order must be cleared by Ned Kelly Australia before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
8.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
8.8 You will receive a tax Invoice by email once payment in respect of your Order has been processed.
8.9 Where an Order is split in accordance with clause 9.6, you may see two separate transactions on your payment statement. You may also be charged additional Delivery Fees in accordance with clause 9.6).

9.1 Ned Kelly Enterprises uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
Delivery Areas

9.2 Subject to clause 7.3, delivery is available within Australia in our pre-defined delivery areas for all Goods. For information regarding the pre-defined delivery areas, please click here.

9.3 In relation to Big and Bulky Goods?, delivery may be limited to metropolitan regions within Adelaide, Brisbane, Melbourne, Perth and Sydney, unless otherwise agreed between Ned Kelly Australia and you in accordance with this clause. For information regarding metropolitan delivery areas for Big and Bulky Goods, please click here.

9.4 Where the Delivery Address for big and bulky goods is outside of metropolitan regions, we strongly encourage you to confirm delivery availability and to provide you with a delivery quote prior to submitting your Order. If an Order is submitted, but is not within metropolitan regions, we will contact you to supply you with delivery availability and a quote for delivery. Where you reject the delivery quote, we will use reasonable endeavours to refund any money paid to us within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Ned Kelly Enterprises is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
Delivery Fees


9.5 Unless stated otherwise on the Website (for example, where a “Free Shipping” offer applies as set out in clause 9.7), or in these Terms and Conditions, the following Delivery Fees apply to all Orders: 
     (a) Standard Delivery Fee: $10.00 per Order (except for Goods that require special delivery); 
     (b) Special Delivery Fee for certain Goods: $65 for each Big and Bulky Good delivered within metropolitan regions in accordance with clause 7.3. Delivery Fees outside of metropolitan regions may vary (see clause 7.3 for further details). 

9.7 There may be an increase in the Delivery Fee payable by you in relation to an Order if: 
     (a) your Order is split and requires multiple deliveries due to: 
          (i) the quantity or size of the Goods in your Order being large such that Ned Kelly Australia will be required to package Goods separately; or 
          (ii) your Order attracting a Standard and Special Delivery Fee; or 
     (b) delivery of your Order otherwise incurs additional charges.
We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order. We will refund any money paid to us in respect of your Order and make reasonable endeavours to process a refund of any money paid to us within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Ned Kelly Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.8 Where the Website provides for “Free Shipping”, clause 9.5(a)will not apply to your Order for the specified period of “Free Shipping”. A “Free Shipping” offer does not apply to Big and Bulky Goods (as indicated on the Website), some Orders that attract both a Standard Delivery Fee and a Special Delivery Fee under clause 9.5, some split orders under clause 9.6, and replaced Goods under the Returns Policy. Where no end date to the “Free Shipping” period is specified on the Website, we may change the offer at any time without prior notification to you. However, all Orders processed during a free shipping offer period will be processed in accordance with the offer
Delivery Time Frames

9.9 Subject to clause 7.9. Ned Kelly Australia aims to achieve the delivery time frames set out below. 
     (a) all Standard Fee and Special Delivery Fee Goods (excluding Big and Bulky Goods): 
          (i) Australia wide (including capital cities and suburbs, and most regional areas: 3-7 Business Days; and 
          (ii) Regional Western Australia, Queensland and Northern Territory: 7-10 Business Days; 
     (b) Standard Fee collectable toys (as noted on the Website): 10-15 Business Days; and 
     (c) Big & Bulky Goods - 7-14 Business Days, on a date agreed by you and Ned Kelly Enterprises.
We cannot guarantee that Orders that are split under clause 7.6 will be delivered on the same day.
9.10 From time to time, Ned Kelly Australia may not be able to achieve the delivery time frames in clause 7.8. You acknowledge and agree that notwithstanding anything else in this clause: 
(a) Ned Kelly Australia cannot guarantee that delivery will occur in the delivery time frames specified in clause 7.8; 
(b) delivery time frames may change from time to time due to unforeseen circumstances; and 
(c) Ned Kelly Australia is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
Ned Kelly Enterprises will contact you if there will be a delay in delivery.
General terms for delivery

9.11 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
9.12 If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative's instructions as if they were your own.
9.13 On delivery, the Delivery Agent may require you or your nominated representative to provide them with proof of identity, such as photo identification or proof of age (for example, for deliveries involving Goods such as knives). Ned Kelly Australia may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age. Where delivery cannot take place due to insufficient identification, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.
9.14 You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay any associated fees for redelivery.
9.15 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.
9.16 Where you do not collect your Goods (excluding Big and Bulky Goods) from the Australia Post office within 10 days of a failed delivery, you must contact us on [phone number] or email us at [address] for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
9.17 You agree to give us as much detail as possible about particular features of the Delivery Address to ensure delivery can take place in advance by calling our Customer Service Centre on 13 69 37 after placing your Order. This includes, without limitation: 
     (a) Restricted access or parking for our truck; 
     (b) Restricted or limited access to the premises; or 
     (c) If you have narrow doors, spiral staircase or tight corners.
Where redelivery is required because access issues or limitations for making delivery, you may be required to pay any associated fees for redelivery.
9.18 Upon delivery, you must inspect and test your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact us at online.contact@nk1880.com.au.  If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If parts of Goods are missing you should contact our us, or return the Order in accordance with the Returns Policy. If Goods are missing from your Order, you may call us, or return the Order in accordance with the Returns Policy. You must let us know about any damaged, missing and incorrect Goods as soon as possible. You can otherwise return Goods in accordance with the “Order cancellations and returns “ section (clause 11) of these Terms and Conditions. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any returns due to you changing your mind about your purchase will attract a redelivery fee.
9.20 Insurance and express delivery is not available in respect of your Order.
Big and Bulky Delivery Terms


8.21 In relation to Big and Bulky Goods, you acknowledge that you will be available to accept delivery at this address on the delivery date as agreed between you and Ned Kelly Australia’s Delivery Agent. If you are not available and redelivery is required, a calling card will be left for you to arrange redelivery. Where redelivery is required due to the fact you were not available at the agreed time, you consent to paying any associated fees for redelivery as required by the Delivery Agent.
9.22 Some Big and Bulky Goods may require assembly. The delivery representatives are not required to unpack, assemble or construct items as part of the delivery service. Assembly of the Good is at your expense.

 

10.1 Some Goods you purchase on the Website are supplied to you direct from our suppliers.?? These Goods are identified as such on the Website and different terms and conditions will apply to the delivery of those Goods as set out in this clause and/or on the Website (Supplier Direct Terms). You must read these additional terms and conditions and any additional information supplied to you on the product page for the Goods on the Website carefully before you purchase these Goods. For the avoidance of doubt, these Terms and Conditions will continue to apply to your purchase. To the extent of any inconsistency between these Terms and Conditions and Supplier Direct Terms, the Supplier Direct Terms and conditions will prevail.
10.2 Supplier Direct Goods are delivered separately to any other Goods in an Order, and will incur an additional Delivery Fee as specified on the Website.


11.1 You acknowledge and agree that some Goods may be subject to certain restrictions in the jurisdiction of the Delivery Address, including any Goods which may not be delivered to a minor (for example, alcohol and tobacco) (Restricted Goods). You are responsible for ensuring that the Goods can be lawfully imported to the destination country.
11.2 You agree that in ordering Goods that are or contain Restricted Goods, that: 
     (a) you are aged 18 years or over; 
     (b) you acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years; and 
     (c) you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
11.3 Where Ned Kelly Enterprises has reasonable grounds for believing you have breached clauses 11.1 or 11.2, Ned Kelly Enterprises may reject your Order in accordance with clause 4.1. We will refund any money paid to us in respect of your Order (where appropriate) and make reasonable endeavours to process a refund of any money paid to us within 5 Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Ned Kelly Enterprises is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.


12.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.


13.1 Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with the Returns Policy
13.2 Goods can only be returned under these Terms and Conditions (in particular, this clause 11) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
13.3 The following terms apply in addition to the Returns Policy for purchases from Ned Kelly Australia: 
     (a) Food products purchased from Ned Kelly Australia will not be refunded or exchanged, unless required by Law. 
     (b) Big and Bulky Goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please contact us at online.contact@nk1880.com.au if the product is faulty so that pickup can be arranged. 
13.5 Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Ned Kelly Enterprises is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
13.6 It is a condition of Visa, MasterCard, Maestro and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Ned Kelly Enterprises is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.


14.1 Where a Good is subject to a product recall, a notice will be posted on our Website. 
14.2 You agree for us to contact you, using the personal information provided on your Order, to notify you of a product recall either by telephone (including mobile phone), email or postal mail.


16.3 You may receive online offers and promotions, whether mailed to your home, or emailed to you, which include a promotional or coupon code (Code) for use when shopping at Ned Kelly Enterprises. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from Ned Kelly Enterprises. Any Code is non-transferable and may not be used in conjunction with any other offer.
16.5 All references to times in promotions are based on the local time in Brisbane, Australia unless stated otherwise.

18.1 Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order in accordance with Ned Kelly Enterprises’s Privacy Policy. For further information regarding Ned Kelly Enterprises's Privacy Policy including how to access or update any records of Personal Information, please click here.

19.1 For further details regarding Ned Kelly Australia's Website Terms such as trade marks, copyright and other applicable terms, please click here.

20.1 You represent and warrant to Ned Kelly Australia that: expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.
21.2 Subject to any rights you have under any consumer protection law, Ned Kelly Australia excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
21.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
21.4 Any express warranty (for example, a manufacturer’s warranty or warranty against defects) accompanying the Goods you purchase is a warranty between you and the supplier or manufacturer with respect to the performance of the Goods (in some instances, for example, Ned Kelly Australia may provide this express warranty). In the event that you wish to make a claim under that warranty, details of the warranty and the claim process including the address and fees (if applicable) to which a claim must be sent are set out with the Goods. Ned Kelly Enterprises strongly encourages you to follow the warranty claim process and contact the supplier or manufacturer directly to resolve your warranty claim. Other than expressly stated in relation to particular Goods, Ned Kelly Enterprises does not make any express warranties with respect to Goods sold on the Website, and is not liable to you or any third party with respect to any loss, damage, cost, expense or injury you or any third party incur or sustain as a result of a breach of any such express warranty.


22.1 Ned Kelly Enterprises reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website: 
     (a) for convenience, at any time, upon provision of notice to you; 
     (b) immediately: 
          (i) if Ned Kelly Enterprises reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or 
          (ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).


23.1 Ned Kelly Australia reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Ned Kelly Australia with respect to that Order.
23.2 Ned Kelly Australia may give notice to you by electronic mail. You may give notice to Ned Kelly Australia by electronic at contact@nk1880.com.au.
23.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
23.4 A failure or delay by Ned Kelly Enterprises to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Ned Kelly Enterprises does not prelude its future exercise or the exercise of any power or right.
23.5 The laws of Queensland, Australia govern this agreement. Your transaction is deemed to have taken place in [ Location of registered office], Queensland.