Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to www.mykitchencabinets.com.au (the ‘Website ‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products ‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services ‘).
1.2. The Website is operated by Elite Kitchens and Bathrooms PTY. LTD. (ABN 54 167 025 621) . Access to and use of the Website, or any of its associated Products or Services, is provided by Elite Kitchens and Bathrooms. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Elite Kitchens and Bathrooms reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Elite Kitchens and Bathrooms updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. Changes apply to future purchases and do not alter existing orders or reduce any warranty, right or remedy already provided or accrued.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Elite Kitchens and Bathrooms in the user interface.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address

3.2. You warrant that any information you give to Elite Kitchens and Bathrooms in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the
Terms if:
(a) you are not of legal age to form a binding contract with Elite Kitchens and Bathrooms; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address.
Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to
immediately notify Elite Kitchens and Bathrooms of any unauthorised use of your password or email address or
any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Elite Kitchens and Bathrooms providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Elite Kitchens and Bathrooms for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchas Purchase Price ‘). e Price
5.2. Payment of the Purchase Price may be made through eway (the ‘Payment Gateway Provider’) In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by Elite Kitchens and Bathrooms, you will be issued with a receipt to confirm that the payment has been received and Elite Kitchens and Bathrooms may record your purchase details for future use.
5.4. We do not offer refunds or exchanges simply because you change your mind, select the wrong item or find a lower price elsewhere. For faulty or incorrectly supplied products, delivery damage and return costs, see our Refund Policy. Nothing in these Terms or that policy limits your rights under Australian Consumer Law.

6. Warranty

Our 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 and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

6.1. This voluntary warranty is in addition to your rights under the Australian Consumer Law. It does not set a time limit on those rights.
6.2. For Products purchased on or after 14 November 2026, our voluntary warranty for defects in materials or workmanship lasts seven years from the date of purchase. This change does not reduce any warranty already provided for an earlier purchase, including any applicable ten-year warranty, or any rights that have already arisen.
6.3. To claim, contact Elite Kitchens & Bathrooms Pty Ltd, trading as My Kitchen Cabinets, at info@mykitchencabinets.com.au, on 02 9608 6678 or by post at Unit 20, 314 Hoxton Park Road, Prestons NSW 2170. Provide reasonable proof of purchase and describe the Product and the issue.
6.4. For an accepted voluntary warranty claim, we will repair or replace the defective Product or affected part, at our option, with a new or remanufactured equivalent. We do not charge for parts or labour. This does not restrict your choice of remedy under Australian Consumer Law.
6.5. Where a claim is covered by Australian Consumer Law, return, collection and transport costs are handled in accordance with that law and our Refund Policy. For claims covered only by this voluntary warranty, you are responsible for postage and shipping costs unless the law requires us to pay. Please contact us before returning a Product so we can explain any costs and how to claim reimbursement where applicable.
6.6. This warranty is not your sole remedy. It does not limit any other express warranty we have provided, or any rights or remedies that cannot be excluded or limited by law.
6.7. The voluntary warranty does not cover the appearance of supplied Products, or Products whose exterior has been damaged or defaced, that have been subjected to misuse, abnormal service or handling, or that have been altered or modified in design or construction. These exclusions do not limit your rights under Australian Consumer Law, including for unrelated defects.

7. Copyright and Intellectual Property

7.1. The Website, the Purchase Services and all of the related products of Elite Kitchens and Bathrooms are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content Content’) are owned or controlled for these purposes, and are reserved by Elite Kitchens and Bathrooms or its contributors.
7.2. Elite Kitchens and Bathrooms retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or
copyright of Elite Kitchens and Bathrooms; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
7.3. You may not, without the prior written permission of Elite Kitchens and Bathrooms and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Privacy

Elite Kitchens and Bathrooms takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Elite Kitchens and Bathrooms’s Privacy Policy, which is available on the Application.

9. Product Information and Website Availability

9.1. Product descriptions, agreed specifications and express promises we make about Products are not excluded merely because they are not repeated in these Terms.
9.2. We aim to display Products accurately. Screen settings may affect how colours appear. This does not permit us to supply Products that fail to match an applicable description, sample or agreed specifications, or otherwise fail to meet a consumer guarantee.
9.3. We do not guarantee that access to the Website will always be uninterrupted or free of technical errors. This does not limit our obligations in relation to orders, payments, Products or services.
9.4. Links to third-party websites are provided for convenience. Those websites may have their own terms and privacy policies. This does not exclude any responsibility we have under applicable law.

10. Liability

10.1. Our liability is determined by applicable law. Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under Australian Consumer Law.
10.2. These Terms do not cap your rights under Australian Consumer Law at the purchase price or exclude compensation simply because a loss is described as indirect or consequential. Where the law entitles you to compensation, it may include reasonably foreseeable loss or damage caused by a failure to comply with a consumer guarantee.
10.3. Nothing in these Terms excludes our responsibility under applicable law for our own statements, conduct or content published on the Website.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by Elite Kitchens and Bathrooms as set out below.
11.2. If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to Elite Kitchens and Bathrooms via the ‘Contact Us’ link on our homepage.
(a) notifying Elite Kitchens and Bathrooms at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where Elite Kitchens and Bathrooms has
made this option available to you.

11.3. Elite Kitchens and Bathrooms may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Elite Kitchens and Bathrooms is required to do so by law;
(c) the partner with whom Elite Kitchens and Bathrooms offered the Purchase Services to you has terminated its
relationship with Elite Kitchens and Bathrooms or ceased to offer the Purchase Services to you;
(d) Elite Kitchens and Bathrooms is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by Elite Kitchens and Bathrooms is, in the opinion of Elite Kitchens and Bathrooms, no longer commercially viable.
11.4. Subject to local applicable laws, Elite Kitchens and Bathrooms reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Elite Kitchens and Bathrooms’s name or reputation or violates the
rights of those of another party.
11.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Elite Kitchens and Bathrooms have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Indemnity

12.1. You agree to indemnify Elite Kitchens and Bathrooms, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full
indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the
Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so
and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.

13. Dispute Resolution

13.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13.2. Notice:
A party to the Terms claiming a dispute (‘Dispute Dispute ‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution:
On receipt of that notice (‘Notice ‘) by that other party, the parties to the Terms (‘Parties Parties ‘) must:

(a) Within 14 days days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days days after the date of the Notice, the Dispute has not been resolved, the
Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the
President of the www.amr.asn.au or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the
mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-
condition to the mediation commencing. The Parties must

each pay their own costs associated with the mediation;
(d) The mediation will be held in unit 20/314 hoxton park road prestons nsw 2170, Australia.

13.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute
resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction The Purchase Services offered by Elite Kitchens and Bathrooms is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

15. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South

Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.