Welcome to Weatherproof Kitchens, formerly Alfresco Australia. Please read our Terms and Conditions thoroughly and if you have any questions, please do not hesitate to contact us.
About Us
Weatherproof Kitchens (also called “Alfresco Australia”, “we” and “us”) is a privately owned company registered in Australia. We are an online retailer specialising in BBQ’s, spare and replacement parts plus accessory items for gas BBQ’s and wood fired / pizza ovens through our web site at www.WeatherproofKitchens.com.au (“our web site”).
About these Terms and Conditions
These Terms and Conditions, which include our Privacy Policy, set out the terms of the agreement between you and Weatherproof Kitchens. By using our web site you unreservedly accept these Terms and Conditions, including our Privacy Policy, and you agree that your use of our web site, including any purchase of goods from us, is subject to the terms thereof.
These Terms and Conditions cannot be varied without our written consent. We may update these Terms and Conditions from time to time and the current version will always be shown on the Terms and Conditions page of our web site.
We encourage you to read these Terms and Conditions thoroughly and contact us directly, if you have any particular questions.
If you DO NOT agree to these Terms and Conditions, you must not use our web site in any manner.
Accessing our Website
Weatherproof Kitchens will not be liable if, for any reason, our web site is unavailable at any time or for any period. From time to time, we may need to restrict access to our web site (wholly or partly). You are responsible for making all arrangements necessary for your own access to our web site. You are also responsible for ensuring that all persons who access our web site through your Internet connection are aware of these Terms and Conditions, and that they comply with them.
Our products
The products for sale on our website are offered as part of a sale event, which means they are offered for a limited time and are limited in quantity. Weatherproof Kitchens is not a manufacturer and our web site is a portal, which allows our members to purchase Alfresco Australia branded and third party products. The products for sale on our web site are intended solely for purchase by members for their personal use. You agree not to commercially resell any product you buy from our web site. We may restrict orders to what we deem to be normal household quantities.
We endeavour to ensure that all the products on our web site are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our web site will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. In some cases the products we offer for sale are hand-made or made from natural or organic materials, and there may be small variations between the product image(s) and the product you receive. This will always be stated on the individual product listing. We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens.
To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our web site are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our web site.
On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our web site at any time and/or remove or edit any materials or content on our web site. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our web site, whether it has been sold or not, removing or editing any materials or contents on our web site or for refusing to process or accept an order after we have sent you the order confirmation.
Our web site changes regularly
We aim to update our web site regularly, and may change content at any time. If the need arises, we may suspend access to our web site, or close it indefinitely. We will use reasonable endeavours to ensure our web site contains accurate information and content however, we reserve the right to update our web site as soon as an inaccuracy or error is brought to our attention.
Your order
Once your order has been placed and your payment processed, we will provide you with an order confirmation by email. This confirmation email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order.
Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is completed. The sale contract is therefore concluded in Victoria, Australia.
If delivery of an order will result in unacceptably high freight charges to Weatherproof Kitchens, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. If we cancel your order in these circumstances you will be notified prior and a full refund made.
In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a credit to your account or a refund to the value of the unavailable product.
We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our web site. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.
Prices, payment and GST
All prices displayed on our web site are in Australian dollars and include GST. All payments will be processed in Australian dollars. We accept payment by Visa, MasterCard, and PayPal.
Prices are subject to change effective immediately upon posting to our web site or other form of notification.
Payment Security
We use industry standard encryption to keep your personal information secure throughout the payment process. We do not store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member’s card is used fraudulently.
Delivery Methods & Locations:
We work with several delivery partners including Australia Post and a number of professional courier companies. Your order will be delivered to the delivery address provided by you. Items sent via courier cannot be delivered to postal boxes.
Our delivery partners may leave a card at the address and you may need to pick up the delivery from your nearest Post Office or contact the courier company to arrange for re-delivery.
We deliver most products Australia-wide. In some cases, we will only be able to deliver products in metropolitan areas. This information will be shown on the product listing.
International delivery on certain products can be arranged and the appropriate freight/delivery costs will be applied to your order.
Delivery Fees:
Delivery fees and times vary for different products and are calculated based on the size and weight of your order and its destination.
The delivery price for each order will be displayed during the checkout process, prior to payment and order confirmation and included in the total price of your order.
Delivery Time:
Typically, delivery will be made within 14 days of receiving your payment authorisation and cleared funds.
Depending upon your delivery location or availability of stock, the estimated delivery time frame may be longer. If the delivery time frame falls outside our normal estimated delivery times, a Weatherproof Kitchens Customer Support Officer will advise prior to dispatch.
We work hard to process all orders as quickly as possible and we will send you an email to let you know when your item has been dispatched by us.
Risk in the products passes to you on delivery. We do not accept liability for any loss, theft or damage to the products after delivery.
Delivery Failure:
It is important that you verify your information is correct, especially your delivery address.
If the address provided is incorrect and the package is returned, you may be billed for the additional shipping charges in order for your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information.
A contact phone number is also required which may be used by the courier or Australia Post to arrange delivery. If we and our delivery partner have been unable to deliver your order due to your error or fault after 21 days or 3 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances we will refund you the price of your order, less the delivery fees incurred by us.
Returns
If you change your mind or your order is not quite right, you may return it to us within 14 (fourteen) days from the date you received the order. Before returning any items, please contact the Weatherproof Kitchens Customer Service Department with your name and order number and you will be provided with a return reference number.
The cost of returning all unwanted items (either by post or via courier) will not be covered by Weatherproof Kitchens. Costs form returning goods are the responsibility of you – the customer.
Items returned must be in ‘as-new’ condition. This means you have not used, damaged, or modified any of the items. Please return items secured in their original packaging, if possible.
After your returned item is received and confirmed as being in an ‘as-new’ condition, we will issue you with a refund of the purchase price less the initial delivery fees. If we cannot be satisfied that you purchased the product from us then we will not accept your product for return.
Your Consumer Rights:
The goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible with your name and order number.
If your item is broken, faulty or damaged during transit, we will ask you to send us photos of the product and packaging in order that we can assess the fault or damage and communicate with our delivery partners.
The type of remedy we offer will depend upon the circumstances. We may arrange to replace the product (subject to availability) or provide you with a refund of the purchase amount (including the delivery charge).
We may offer a partial refund and work with you to arrange repair of the item by a local tradesperson in your area. If Weatherproof Kitchens specifically requires you to return the product to us, Weatherproof Kitchens will pay the cost of the return.
We reserve the right to refuse a refund in cases where we deem damage to a product to be due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions or failure to take reasonable care.
Manufacturer Warranties
In some cases products offered for sale on our website may be subject to a separate manufacturer’s warranty. This will be communicated on the relevant product page. In this case we request that you contact the manufacturer directly. If the manufacturer is unable to assist you or you are not happy with the resolution of your issue, please contact us for help. We will be happy to liaise with the manufacturer for you but our liability will be limited to the refund of your purchase price.
Exchange:
Depending upon stock availability Weatherproof Kitchens will arrange an exchange for broken or damaged parts. If a part cannot be exchanged, and falls within the warranty period, a refund or credit may be given.
If an alternative product is available, and is deemed by Weatherproof Kitchens to be an identical product, Weatherproof Kitchens may offer such product as an alternative exchange.
Liability:
To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:
– All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
– Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our web site, products or services or in connection with the use, inability to use, or results of the use of our web site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our web site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Commonwealth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion: – in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and – in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our web site, or any other products or services accessed via our web site.
Intellectual property:
We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our web site, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein).
Those works are protected by intellectual property laws around the world. All such rights are reserved. You must not scrape or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our web site must always be acknowledged.
You must not use any part of the materials on our web site, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our web site in breach of these Terms and Conditions, your right to use our web site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission.
Third Party Websites:
Where our web site contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
You may link to our home page provided your links do not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our web site must not be framed on any other site. Our site must not be utilised by third party web crawlers (or similar) in order to scrape content from our site for any purpose. We reserve the right to withdraw linking permission without notice.
Viruses and Hacking:
You must not misuse our web site by knowingly introducing viruses, Trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our web site, the server on which our web site is stored or any server, computer or database connected to our web site.
Whilst we do our best to ensure that our web site is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our web site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.
Email communication
You consent to receive communication from us electronically, either by email or by us posting notices on our web site and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.
Other Policies
The Privacy Policy available on our web site informs you of our practices regarding the collection, use and disclosure of any information we collect from or about you. Our Privacy Policy forms part of these Terms and Conditions. We process information about you in accordance with our Privacy Policy. By using our web site, you consent to such processing and you warrant that all data provided by you is accurate. In order to join as a member through our web site, you will be requested to provide your personal details, in particular, your real name and e-mail address.
Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you warrant that you are the authorised account holder and that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. You shall comply with our policies and guidelines as apply from time to time.
Force Majeure
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
Applicable law
These Terms and Conditions, including our Privacy Policy are governed by the laws of Victoria, Australia and are subject to the non-exclusive jurisdiction of the courts of Victoria. Our web site is available only to people who can form legally binding contracts under applicable law.
Variations
We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our web site. Any changes are effective immediately upon posting to our web site. Your continued use of our web site thereafter constitutes your agreement to all such changed Terms and
Conditions.
Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using our web site.
Relationship
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
Severability
If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.
Your Concerns
If you have any concerns about material which appears on our web site, please contact us.
