Privacy Policy

Your privacy is important

Kmart is committed to protecting the privacy of everyone who shops or interacts with us, and this policy sets out our commitment to you on privacy.

We take this responsibility seriously and ensure that we comply with our obligations under the Commonwealth Privacy Act 1988 whenever your personal information is collected, used or shared.

Our commitment to you

Kmart will:

• always use fair and lawful means of collecting your information, and in most circumstances collect your information directly from you;
• handle your information securely and carefully, and only use your information if necessary to deliver you a service, or perform other necessary business functions and activities;
• not use your information for purposes unrelated to our services without first obtaining your consent; and
• wherever possible give you the option of interacting anonymously with us, if practicable and lawful to do so.

The information we may collect

What personal information we collect will depend on the service or interaction, but may include name, address, phone and other contact details, merchandise information, and method of payment.

Depending on the circumstances, we may collect transaction information through business partners such as FlyBuys and GE Capital Finance (who administer our store cards), or other information such as where you shop or what your areas of interest are.

Why we collect your information

We may collect your information for a number of reasons including to: deliver products or services to you, complete other transactions with you or on your behalf, improve our service, protect against fraud or theft, and provide offers that may be of interest or benefit to you.

How we collect your information

The personal information we collect is in most cases supplied directly by you when you give us your details, place an order for goods or services, seek a refund without a receipt, open an account with us, provide feedback to us, or shop in our stores with your FlyBuys or Coles Group Card™.

How we use your information

Kmart will not sell your information to other parties. However, we often need to share your information with companies who perform parts of our service delivery - this includes other companies in the Wesfarmers Group, GE Capital, FlyBuys, and other organisations such as delivery companies, external call centres, mail houses and third party fulfilment centres.

Where we share your information, Kmart will ensure that these third parties undertake to protect your privacy. Where we store your information, Kmart will take all reasonable steps to store your information securely and to protect against the loss, misuse or alteration of your information.

Access to your information

To access your information please write to our customer service department at: 690 Springvale Road, Mulgrave 3170 VIC, email at onlineshop@kmart.com.au or call on 1800 051 800

Direct Marketing

If you do not wish to be contacted by Kmart (about special offers, discounts, other promotional events or to participate in any surveys) write to Kmart customer relations at 690 Springvale Road, Mulgrave 3170 VIC, email at onlineshop@kmart.com.au or call on 1800 051 800.

Cookies and how they work

When you visit Kmart's website, our site will automatically send you a "cookie". A cookie is a small piece of text sent from a web server to your computer, and is used to identify you only by a random number. This information does not personally identify you, but it does tell us that your computer has visited our site, what areas of the website have been browsed and may allow auto-login when you next visit our site.

Other websites

Kmart is not responsible for the privacy practices of websites that are linked to Kmart's website. Please take care and check the relevant privacy policies of these external websites before disclosing your information.

More information

Kmart may update its privacy policy from time to time in line with customer expectations and legislative changes, and an updated policy will be posted on Kmart's website. More information about privacy law is available from the Office of the Privacy Commissioner at www.privacy.gov.au. Further information about the Wesfarmers Limited Group can be found at www.wesfarmers.com.au.

Kmart Online Delivery Policy

This policy sets out details of delivery for your online purchases. If you require clarification or have any questions please contact our Customer Service Centre toll free on 1800 051 800 (8.30am to 5.00pm Monday to Friday, 9.00am – 2.00pm Saturday).

Where we deliver

We will deliver to most addresses within Australia, but do not deliver to international locations. We require a street address for delivery – unfortunately we cannot deliver to a P.O. Box. Some remote locations cannot be serviced, however Kmart's carrier may be able to deliver to a local depot where you can collect your products.

The locations we can deliver to may change from time-to-time. Please call our Customer Service Centre to find out if we deliver to your location.

How and when we deliver

All deliveries are made 8.30am to 5.00pm Monday to Friday by Kmart's chosen carrier. For orders placed before 4.00pm on a weekday, please allow from the confirmation of dispatch:

• 4-6 working days for delivery to a capital city in any State;
• 5-10 working days for delivery to most large regional towns; and
• 7-14 working days for delivery to other remote locations.

During peak periods (Easter, Xmas or Toy Sale), the delivery may take up to 14 working days.

Please note that these delivery times are estimates only, and actual delivery times may vary. Large items (such as BBQs or swing sets) require extra handling and may take longer to transport.

Items may be delivered to you individually and/or separately by different couriers and transport agencies.

For large items, the courier will attempt to contact you to arrange a delivery time using the contact details provided by you.

We are not responsible for any late delivery or failure to deliver due to circumstances beyond our reasonable control. For certain products, items may be delivered directly to you by Kmart's supplier.

The supplier will contact you shortly before delivery to arrange a suitable delivery time and delivery location (where reasonable) at your address. The supplier will contact you on the day prior to delivery to confirm these details. The supplier will deliver the product to your requested location at your address wherever possible. Please ensure that your requested delivery location is free from obstructions and is otherwise in a clean and tidy state to prevent any delivery delays. At the time of delivery, you will be asked to sign a form to acknowledge that the goods were delivered in good and proper condition. Where you have requested that a representative accept delivery of the goods on your behalf, this delivery acknowledgment will be obtained by the supplier from your representative. Please note that the supplier is under strict instructions to only deliver and obtain delivery confirmation from you personally unless you agree to other arrangements with the supplier.

Cost of delivery

Delivery charges are calculated on a per order basis and according to the weight and size of your order, and your delivery address. As an indication of delivery costs, we provide some examples below:

• DVDs, CDs & Video Games – $5 for a single item, $7 for 2-10 items and $10 for 11+ items to most addresses in Australia.
• Standard – $10 per order to most addresses in Australia. Example products Kettle, Iron and microwaves.
• Big and Bulky – e.g. small BBQ, bike. Depending on your zone, delivery charges will range from $30 to $75 per order.
• Extra Big and Bulky – e.g. 6 burner BBQ, large swing sets. Depending on your zone, delivery charges will range from $40 to $130.

If you would like an estimate of your cost of delivery, put the item into your shopping bag and displayed at the bottom is your estimated delivery charge.
You will have the opportunity (based on your entered postcode) to view the finalised delivery charges on your order at the checkout stage before you complete your order and make payment.

Acceptance of delivery

Deliveries must be signed for, and anyone at the delivery address who receives the products shall be presumed by Kmart to be authorised to receive the products.

Unfortunately Kmart and its carriers are unable to provide an estimate of the delivery time. If you are unsure if you will be available at the delivery address during the delivery hours, we recommend nominating a work address or address of a family member who will be present during the delivery hours. In the instance someone is not able to sign for your delivery, Kmart's carrier will leave a card. When delivered by Australia Post you will need to collect your delivery from the closest Post Office. Any other carrier you will need to contact them directly to make alternative delivery arrangements, which may include a re-delivery fee charged by Kmart if re-delivery is required.

Please note that risk for loss or damaged product passes to the customer upon delivery of the product(s) by the courier.

Delivery Problems

If your delivery has not arrived, please contact our Customer Service Centre. If you wish to return a product delivered damaged or otherwise, please refer to Kmart's Online Returns Policy.

We are unable to deliver dangerous goods (such as aerosol cans, paint etc).

Terms & Conditions

1. LAYBY TERMS AND CONDITIONS

• A minimum transaction of $20 and a minimum deposit of 10% of the layby is required.
• A non-refundable service fee of $3.00 will be charged for each layby.
• This layby is not available for collection before December 1st, 2011.
• This layby is to be collected by December 24th, 2011.
• Progressive payments are required.
• 25% of the balance is due by 1st October, 2011.
• If this layby is cancelled by you, all monies paid except the service fee will be refunded.
• If you do not make payments when they are due or your layby is uncollected, we will cancel the layby and retain an amount of $11.00 to cover administration costs.
• Individual items may not be separated from a layby parcel until final payment is received.
• Goods ordered on Christmas layby will not be set aside at a Kmart store during the layby period. Goods will not be available for inspection or collection before 1 December 2011.
• Information collected from this transaction will be used for the purpose of processing your layby and may also be given to a mail service provider for the purpose of forwarding reminder letters to you.

Parcels may be stored offsite and may require collection from an offsite location.
Prior to final payment, four (4) working day's notice is required for parcel collection.

2. TERMS OF WEBSITE USE

The Terms of Use

Kmart Australia Limited ("Kmart") owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content

Kmart owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Kmart. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Kmart or of the relevant trade mark owner.

Security

Kmart cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Third Party Content

This website contains information from or hyperlinks to websites operated by third parties. Kmart provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.

Revisions

Kmart may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability

Kmart provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Kmart will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. Kmart's Privacy Policy is published on this website and sets out our commitment to you on privacy, including our use of "cookies".

Governing Law

Kmart operates this website from its offices within Australia. The laws of the State of Victoria govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.

3. TERMS OF PRODUCT PURCHASE

The Agreement

In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from Kmart products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Kmart once Kmart accepts an order. Each accepted order is a separate agreement.

Customer Application

You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Kmart if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.

Orders

You place an order with Kmart by selecting products and pressing the "purchase now" button on the checkout page. Kmart reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Kmart at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Kmart upon Kmart acknowledging such order or failing to reject such order within 14 days. We only accept orders from mainland Australia and Tasmania.

Product Availability

Kmart uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Kmart may need to reject an order you have placed for a product where Kmart establishes that it is actually unavailable for delivery. In such cases Kmart will refund in full all amounts you paid in respect of such unavailable product. Kmart cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.

Payment

You must pay for your products purchased on this website at the time of placing an order. To pay for products, you will be transferred to an external site operated by Australia and New Zealand Banking Group Limited ("ANZ"). You agree that ANZ is responsible for processing and the security of your payment, and you hereby release Kmart from any liability in relation to such payment. Please refer to ANZ's terms of use for conditions applying to payment processing services.

Variation of Products and Price

Kmart may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Kmart's retail stores and those found on this website.

Delivery

Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Kmart's Delivery Policy published on this website, and the Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Kmart provides delivery. Orders will not be processed for delivery to an address in a suburb not in Kmart's delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

Returns

Return claims (including for replacement products, refunds or credits) are detailed in Kmart's Returns Policy published on this website, and the Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.