Terms & Conditions

In general

Mrs Tran’s Kitchen Pty. Ltd. owns and operate this Website. This document governs your relationship with Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.) (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.). Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.) has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Dispatch and deliveries policy

All products are delivered via Sendle delivery service. Postage will be calculated at checkout. We will endeavour to have your order in the post within 5 working days after the payment has been received. We cannot deliver to Australia Post-owned properties (this includes post offices, PO boxes, locked bags, parcel lockers or parcel collection locations as such). Please ensure that you provide a valid physical street address. If a receiver is not home to sign for the parcel, it will either be delivered to a nearby location for collection or redelivered the following day.

Where a valid address is not provided the purchaser will bear the expense to have the goods re-delivered.

Delivery estimate timeframes are based on the delivery address / region.

Melbourne Metro: 1 – 6 Business Days
Sydney Metro: 2 – 6 Business Days
Brisbane Metro: 3 – 7 Business Days
Adelaide Metro: 2 – 6 Business Days
Canberra Metro: 3 – 7 Business Days
Hobart Metro: 3 – 9 Business Days
Perth Metro: 6 – 10 Business Days

All regional addresses that falls outside of a capital metropolitan city range will have their own estimate delivery timeframe calculated during checkout.

With COVID-19 restriction in place for Victoria, we cannot guarantee that your order will arrive within the provided timeframes below, however we will still aim to have all orders dispatched from our warehouse within 5 working days.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and mrstranskitchen.com.au will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual property, software and content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.) and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

Terms of sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions.

  • All orders are subject to availability and confirmation of the order price.
  • All products are subject to a minimum order quantity.
  • Dispatch times may vary according to availability and delivery locations. Delivery are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
  • In order to contract with Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.) you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
  • Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.) retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with.
  • When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(A) Our contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(B) Pricing and availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(C) Payment

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

(D) Shipping

We will ship items within one week of receipt of payment and generally earlier. – – We only allow shipping to Australia.
– Orders $80.00 or above qualifies for free delivery. Orders below $80.00 will have a delivery fee based on your delivery location within Australia.
– Delivery charges will be stated at checkout prior to the final confirmation of your purchase.

(E) Returns and refunds

All Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You’re also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality.

Returns are allowed where the product is faulty. Cost of shipping will be at customer’s expense. Refunds are usually processed within 14 business days. All refunds must be issued to the original purchaser. Refunds may incur a restocking/handling fee.

Disclaimer of liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.) and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.) liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.) and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.)

Indemnity

You agree to indemnify, defend and hold harmless Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.), its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.) shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected by all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments and email us at info@Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.).

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.)(Mrs Tran’s Kitchen Pty. Ltd.). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Mrstranskitchen.com.au (Mrs Tran’s Kitchen Pty. Ltd.)(Mrs Tran’s Kitchen Pty. Ltd.).