General Terms and Conditions

These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from https://www.brosa.com.au/br/

Please read the following Terms and Conditions carefully before placing Your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

Which terms and conditions apply?

Some Products You Order on the Website are offered and supplied by:

Kogan Australia Pty Ltd ABN 53 152 570 351 T/A Brosa (Brosa); and

Kogan HK Limited (Company Registration Number: 1659337 and ABN: 51 158 959 794) registered in Hong Kong T/A Brosa (Brosa); and

Kogan Mobile Operations Pty Ltd ABN 28 603 162 714 (Kogan Mobile) as agent for Vodafone Hutchison Australia Pty Ltd ABN 76 096 304 620 or its subsidiaries (Vodafone).

The website Product listing states the offer or and/or supplier of each Product. Products which are offered and supplied by Brosa are referred to herein as Brosa Products.

Products which are offered and supplied by TP Sellers are called TPS Products.

It is important to note that different Terms and Conditions apply in respect of Orders for Brosa Products and TPS Products.

If you do not understand these Terms and Conditions or if you have any questions, then please email Our team through our Help Centre, and a representative will be happy to help you.

Terms and conditions for Brosa Products

1. Agreement

1.1 In these Terms and Conditions We, Our or Us means Brosa; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website..

1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.

1.3 The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.

2. Legal Capacity

If you are under the age of eighteen (18) years you cannot place Orders with Brosa. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

3.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You

3.4 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

4. Pricing

4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:

by agreement between You and Us in writing or by email; or

in accordance with clause 7.4. 4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.

5. Product Specifications

5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

5.2 All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.

6. Orders

6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).

6.2 Orders will be deemed to have been received by Brosa at the time Brosa sends an Order confirmation to Your nominated e-mail address.

6.3 Brosa is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4 Brosa reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

6.5 In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

6.6 Brosa does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

6.7 Brosa shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Brosa (or its affiliates), and Brosa shall be entitled to a reasonable extension of time for the performance of such obligations.

6.8 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

7. Payment

7.1 You may provide Your nominated credit card during the purchase process described on the Website.

7.2 Payment for Orders will be processed immediately upon confirmation of Your Order.

7.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

7.4 Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

8. Delivery and ownership of the goods

8.1 We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Brosa does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

8.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Brosa. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund or store credit at any time prior to dispatch of the Product(s).

8.3 Brosa will not deliver Products to PO Box addresses.

8.4 Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.

8.5 The couriers or postal services nominated by Brosa will deliver Products during local business hours (9am to 5pm, Monday to Friday excluding public holidays).

8.6 Brosa is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Brosa (as notified to the Customer) in relation to date and time of delivery. Brosa shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

8.7 Brosa reserves the right to not ship to remote or rural locations.

9. Faulty or damaged goods

Brosa will repair, replace or refund faulty or damaged Products in accordance with the Brosa Minimum Voluntary Warranty Policy and Your rights under the Australian Consumer Law.

10. Refunds, Store Credit and returns

10.1 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

10.2 All refunds may take up to 10 business days to be processed.

10.3 Refunds are strictly limited to those available under clauses implied by statute.

10.4 In order to facilitate a change of mind return under the Returns Policy, please contact Us through Our Help Centre.

10.5 The Customer must comply with directions from staff to facilitate a return.

10.6 Returned Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.

10.7 Subject to clause 10.8, it is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

10.8 Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of:

1. the nature of Our failure to comply with the consumer guarantee, or
2. the size or height, or method of attachment, of the Product.

Where You are returning a Product to us, we take no responsibility for a Product lost in transit.

If subsection (b) applies, We will, within a reasonable time, collect the Products at Our expense.

11. Warranties

11.1 Each Product sold on the Website is covered for a minimum period as outlined in the Brosa Minimum Voluntary Warranty Policy.

11.2 Extended Care is available for purchase for some Products, as listed on the Website. They may be purchased up to 14 days after delivery of your Products.

11.3 We will carry spare parts for each Product for a reasonable period, with the minimum period of cover as advised in the Brosa Minimum Voluntary Warranty Policy and/or Extended Care period (1, 3 or 5 years as the case may be). Brosa reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.

11.4 Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.

12. Liability

To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

13. Intellectual Property

13.1 All intellectual property rights (Intellectual Property) in any content on the Website, including images, pricing, artwork, its visual design, and the arrangement and display of any content on the Website (Material) is owned by, or licensed to, KOGAN.COM HOLDINGS PTY LTD or the relevant third party product owner.

13.2 Unless expressly authorised under these Terms and Conditions or otherwise in writing, you may not reproduce, adapt, modify, display, extract or distribute any Material or any part of any Material. You also may not use any data mining or data extraction tools, systems or software to extract the Material for any purpose whatsoever or disassemble, reverse engineer or otherwise attempt to discover or access any source code or other information related to the Website.

13.3 If you post any information on our Website, such as a product review, you grant to Us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute that information for any purpose we decide.

14. Privacy

By placing your Order or otherwise contacting Brosa, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Brosa Products or DSE Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

15. Gift Vouchers

15.1 Gift Vouchers & eVouchers have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.

15.2 Gift Vouchers & eVouchers may be redeemed by entering the voucher code into the Gift Card field at checkout. Gift cards will not be refunded.

16. Miscellaneous

16.1 Title and risk in the Brosa Products pass to You at the point of dispatch or embarkation by Brosa to Your courier.

16.2 Brosa reserves the right to make changes to the Brosa Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

16.3 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

16.4 A failure or delay by Brosa to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Brosa does not preclude its future ability to exercise that or any other power or right.

16.5 Insofar as they apply to the ordering, purchase, fulfilment and delivery of Brosa Products from https://www.brosa.com.au/br/, these Brosa Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.

16.6 No Brosa employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Terms and Conditions for TPS Products

1. Agreement

1.1 In these Terms and Conditions, TP Seller means a third party seller (the details of which are identified within the product detail page relating to a TPS Product sold by the TP Seller), We, Our or Us means Brosa and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes.

1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You.

2. TP Sellers

We allow TP Sellers to list and sell their TPS Products on the Website but We are neither the buyer nor the seller of TPS Products. The contract formed at the completion of a sale for TPS Products is solely between You and the TP Seller. We are not a party to this contract nor do We assume any responsibility arising out of or in connection with it. We provide no warranty in respect of TPS Products. The TP Seller is responsible for the sale of their TPS Products and for dealing with any claims or any other issue arising out of or in connection with the TPS Products and the contract between You and the TP Seller.

3. Legal Capacity

If You are under the age of eighteen (18) years You cannot place Orders through the Website. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.

4. Website Use

4.1 We might provide links to TP Sellers’ websites or the websites of their affiliated companies. We are not responsible for examining or evaluating these websites, and We do not warrant or accept any responsibility or liability for the actions or offerings of any of the TP Sellers or the content of their websites. We are not responsible for the content or privacy practices associated with linked websites and before purchasing a TPS Product You should carefully review the TP Seller’s terms and conditions and their privacy statements.

4.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

4.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

5. Pricing

5.1 Prices displayed on the Website are subject to change without notice.

6. Product Specifications

6.1 Features and specifications of Products described or depicted on the Website are provided by the TP Seller of the product(s) and are subject to change without notice.

6.2 All weights and dimensions of Products described in the Website are provided by the TP Seller of the product(s) and are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.

6.3 To the extent permitted by law, Brosa makes no warranty or representation regarding the standard of any goods or services to be supplied by a TP Seller.

7. Delivery of TPS Products

7.1 TPS Products are delivered by the TP Seller to You as part of the contract between You and the TP Seller. TP Sellers’ reserve the right to not deliver TPS Products to selected locations. Unsuccessful deliveries due to an incorrect address or not collecting the item from the post office may result in additional restocking or redelivery fees as per the TPS terms & conditions

7.2 Brosa might on occasions deliver TPS Products. If so:

We will try to ensure that the TPS Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Brosa does not accept any liability for loss or damage suffered by anyone as a result of any such delays;

TPS Products will not be delivered to PO Box addresses;

If You give written authority for TPS Products to be delivered without a signature, any and all included insurance cover will be voided;

the couriers or postal services nominated by Brosa will deliver TPS Products during local business hours (9am to 5pm, Monday to Friday);

Brosa is not responsible for the delivery times of the TPS Products. Once the TPS Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Brosa (as notified to the Customer) in relation to date and time of delivery. Brosa shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

Brosa reserves the right to not deliver TPS Products to remote or rural locations.

8. Faulty or damaged goods

If your TPS Products are defective or faulty, You should first contact the TP Seller through your account. In the event the TP Seller does not resolve the issue to your satisfaction within 5 days, You may escalate to Brosa, and Brosa will resolve the dispute in accordance with the Australian Consumer Law. Brosa is responsible for resolving all disputes and administering all refunds determined to be owed to customers.

9. Liability

To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any TPS Product supplied to You whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by You to the TP Seller in respect of the TPS Product(s) in question.

10. Intellectual Property

11.0 All intellectual property rights (Intellectual Property) in any content on the Website, including images, pricing, artwork, its visual design, and the arrangement and display of any content on the Website (Material) is owned by, or licensed to, KOGAN.COM HOLDINGS PTY LTD or the relevant third party product owner.

11.0 Unless expressly authorised under these Terms and Conditions or otherwise in writing, you may not reproduce, adapt, modify, display, extract or distribute any Material or any part of any Material. You also may not use any data mining or data extraction tools, systems or software to extract the Material for any purpose whatsoever or disassemble, reverse engineer or otherwise attempt to discover or access any source code or other information related to the Website.

11.0 If you post any information on our Website, such as a product review, you grant to Us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute that information for any purpose we decide.

11. Privacy

By placing your Order for a TPS Product or otherwise contacting Us, you agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other DA Products, Brosa HK Products, or TPS Products that may be of interest to You. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

12. Miscellaneous

12.1 Brosa is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

12.2 Brosa reserves the right to make changes to the Brosa Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the Website.

12.3 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

12.4 These Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.