Terms & Conditions
Last updated: 11 September 2026
These Terms and Conditions ("Terms") govern your use of the Kumasi African Market website and your purchase of products and services through our website.
By accessing or using our website, creating an account, placing an order, or purchasing products or services from us, you agree to be bound by these Terms.
If you do not agree with these Terms, please do not use the website or place an order.
These Terms are intended to operate consistently with the Australian Consumer Law (ACL) and other applicable Australian laws. Nothing in these Terms excludes, restricts or modifies any consumer guarantee or other right that cannot legally be excluded.
1. About Kumasi African Market
Kumasi African Market is an African grocery and food business operating in Penrith, New South Wales, Australia.
Through our website, customers may be able to:
- browse grocery and food products;
- place online orders;
- request local delivery;
- arrange store pickup;
- preorder selected restaurant or prepared-food items;
- create a customer account;
- make payments using available payment methods; and
- contact us regarding products, orders and services.
2. Website Use
You agree to use this website only for lawful purposes.
You must not:
- use the website for fraudulent or unlawful activities;
- interfere with the operation or security of the website;
- attempt to gain unauthorised access to our systems;
- introduce malicious software or code;
- use automated systems to access or scrape the website without our permission;
- impersonate another person;
- provide false or misleading information; or
- use the website in a manner that may damage our business, website or customers.
We may restrict or suspend access to the website where reasonably necessary to protect our website, business, customers or systems.
3. Product Information
We aim to ensure that product descriptions, photographs, prices and other information displayed on the website are accurate and up to date.
However:
- product images may differ slightly from the actual product;
- packaging may change;
- product availability may change;
- colours and appearance may vary depending on your device;
- manufacturers may change product information or packaging; and
- some product information may be provided by suppliers or manufacturers.
We reserve the right to correct errors or update information on the website.
Nothing in this section limits any rights you may have under the Australian Consumer Law.
4. Product Availability
Products displayed on the website are subject to availability.
Adding a product to your cart does not necessarily guarantee that the product will remain available until your order is confirmed.
If an ordered product becomes unavailable, we may contact you to discuss an appropriate alternative or adjustment to your order.
Where an unavailable product cannot reasonably be substituted, we may remove that item from your order and adjust the amount payable.
Where payment has already been made for an unavailable item, we will arrange an appropriate refund in accordance with applicable law.
5. Prices
Prices displayed on the website are in Australian dollars (AUD) unless otherwise stated.
We take reasonable steps to ensure that prices displayed on the website are accurate.
Prices may change from time to time.
A price change will generally not affect an order that we have already accepted, except where an obvious pricing or technical error has occurred.
If an obvious pricing error occurs, we may contact you before fulfilling the order to confirm whether you wish to proceed at the correct price.
If you do not wish to proceed, any amount already paid for the affected item will be refunded.
6. Placing an Order
When you place an order through the website, you are making a request to purchase the selected products or services.
After submitting an order, you may receive an order confirmation by email, telephone, SMS or another available communication method.
An order confirmation does not necessarily mean that every item in your order is available.
We may contact you if clarification, substitution, payment confirmation or another step is required before your order can be fulfilled.
7. Acceptance of Orders
We reserve the right to decline or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- there is an obvious pricing or description error;
- we suspect fraudulent or unauthorised activity;
- we are unable to fulfil the requested delivery or pickup;
- the information provided is materially inaccurate;
- a technical error has affected the order; or
- circumstances outside our reasonable control prevent fulfilment.
If we cancel an order after payment has been received, we will arrange a refund of amounts paid for the cancelled products or services, subject to applicable law.
8. Customer Accounts
Some website features may require you to create an account.
You are responsible for:
- providing accurate information;
- keeping your account information up to date;
- maintaining the confidentiality of your login details; and
- notifying us if you believe your account has been accessed without authorisation.
You must not allow another person to use your account in a way that breaches these Terms.
We may suspend or terminate an account where reasonably necessary because of misuse, fraud, security concerns or a serious breach of these Terms.
9. Pickup Orders
If you select store pickup, your order will be prepared for collection at the location and during the pickup arrangements communicated to you.
You should collect your order within the agreed or communicated collection period.
If you cannot collect your order at the arranged time, please contact us as soon as reasonably possible.
For products requiring particular storage conditions, delays in collection may affect product quality. We will take reasonable steps to handle products appropriately before collection.
Nothing in this section limits your rights under the Australian Consumer Law.
10. Delivery
Where local delivery is available, delivery is subject to:
- your delivery address;
- our delivery area;
- delivery availability;
- product availability;
- weather and traffic conditions;
- reasonable delivery capacity; and
- other circumstances affecting delivery.
Delivery fees may be calculated based on factors including the delivery location, distance and order requirements.
The delivery fee displayed or communicated to you before confirmation will generally apply to the order.
We will make reasonable efforts to deliver orders within the estimated timeframe provided.
Delivery times are estimates and may be affected by circumstances outside our reasonable control.
You are responsible for providing an accurate delivery address and reasonable delivery instructions.
If an order cannot be delivered because the information supplied by you is incorrect or because reasonable access to the delivery location is unavailable, additional arrangements or charges may apply where permitted by law.
11. Delivery Risk and Receipt
We will take reasonable care when preparing and dispatching your order.
You should inspect products upon receipt where reasonably possible and notify us promptly if there is an issue with your order.
Nothing in these Terms limits any rights you have under the Australian Consumer Law in relation to damaged, defective, unsafe, incorrectly supplied or otherwise non-conforming products.
12. Food and Perishable Products
Some products sold through the website may be fresh, refrigerated, frozen or otherwise perishable.
You are responsible for following reasonable storage and handling instructions after receiving your order.
Where a product requires refrigeration or freezing, it should be stored appropriately as soon as reasonably possible after collection or delivery.
If you believe a perishable product has arrived in an unsuitable condition, please contact us promptly so that we can investigate the issue.
Nothing in this section limits your rights under the Australian Consumer Law.
13. Allergens and Dietary Information
Some food products may contain allergens or ingredients that may not be suitable for everyone.
Product and ingredient information should be checked before purchase and consumption.
If you have an allergy, intolerance or specific dietary requirement, please contact us before ordering if you require clarification about a product.
We cannot guarantee that products are completely free from traces of allergens where products are prepared, handled or stored in environments where allergens may be present.
14. Payment
Available payment methods may include:
- cash;
- bank transfer;
- card payment; and
- other payment methods made available through the website.
Payment methods may change from time to time.
Where a third-party payment provider is used, the payment may also be subject to that provider's terms and conditions.
We do not intentionally store complete payment-card information unless this is required by our payment-processing arrangements.
15. Cancellations
You may request cancellation of an order by contacting us as soon as possible.
Whether an order can be cancelled may depend on whether preparation, packing, processing or delivery has already commenced.
We will consider cancellation requests reasonably and in accordance with applicable law.
Nothing in this section limits any cancellation rights or other remedies available under the Australian Consumer Law.
16. Refunds and Returns
We want customers to receive products that are of acceptable quality and as described.
If a product is faulty, damaged, unsafe, significantly different from its description or otherwise fails to meet an applicable consumer guarantee, please contact us.
Depending on the circumstances, you may be entitled to a:
- refund;
- replacement;
- repair, where applicable;
- cancellation; or
- other remedy available under the Australian Consumer Law.
Consumer guarantees are automatic and cannot be removed by these Terms.
Change of mind
Unless required by law or otherwise stated by us, we are not required to provide a refund simply because you:
- changed your mind;
- purchased the wrong product;
- no longer want the product; or
- found the product cheaper elsewhere.
However, if we publish a change-of-mind return policy, we will honour that policy according to its terms.
17. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with a service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to compensation for any other reasonably foreseeable loss or damage.
For major failures with goods, you may be entitled to choose a refund or replacement.
For a failure that is not a major failure, you may be entitled to have the problem rectified within a reasonable time. If this does not occur, you may have additional rights to a refund or other remedy.
These rights apply in addition to any other rights available under Australian law.
18. Promotions and Discounts
From time to time, we may offer promotions, discounts, vouchers or special offers.
Promotional offers may be subject to additional terms, including:
- eligibility requirements;
- minimum purchase requirements;
- expiry dates;
- product exclusions;
- quantity limits; or
- other conditions stated with the promotion.
We reserve the right to withdraw or amend a promotion where reasonably necessary, subject to applicable law.
We will not use promotional terms to remove rights that consumers have under the Australian Consumer Law.
19. Gift Cards and Vouchers
If we offer gift cards or vouchers, additional terms may apply.
Any expiry period, restrictions or conditions applying to a gift card or voucher will be communicated at the time of purchase or otherwise in accordance with applicable law.
Gift cards and vouchers cannot be exchanged for cash unless required by law.
20. Intellectual Property
Unless otherwise stated, content on this website, including:
- logos;
- branding;
- photographs;
- graphics;
- product descriptions;
- text;
- website design;
- software; and
- other materials
is owned by or licensed to Kumasi African Market.
You must not reproduce, modify, distribute, publish, sell or commercially exploit our website content without our permission, except where permitted by law.
21. User-Submitted Content
If you submit reviews, comments, photographs, feedback or other content to us, you must ensure that the content:
- is truthful and not misleading;
- does not infringe another person's rights;
- is not unlawful, threatening or abusive;
- does not contain malicious software; and
- does not violate applicable laws.
By submitting content, you grant us permission to use, reproduce and display that content for reasonable business purposes, subject to applicable law.
We may remove content that we reasonably consider inappropriate or inconsistent with these Terms.
22. Third-Party Services
Our website may use or link to third-party services, including payment processors, hosting providers, delivery services, analytics providers and other technology providers.
Those third parties may have their own terms and privacy policies.
We are not responsible for third-party services that we do not control.
Your use of a third-party service may be subject to that provider's separate terms.
23. Website Availability
We aim to keep the website available and functioning properly, but we do not guarantee that the website will always be:
- available;
- uninterrupted;
- error-free;
- free from viruses or other harmful components; or
- compatible with every device or browser.
The website may occasionally be unavailable because of maintenance, upgrades, technical problems, security incidents or circumstances outside our reasonable control.
24. Limitation of Liability
To the maximum extent permitted by law, we are not responsible for losses arising from:
- your misuse of the website;
- inaccurate information supplied by you;
- delays caused by circumstances outside our reasonable control;
- interruption of third-party services;
- unauthorised access resulting from your failure to protect your account credentials; or
- events that could not reasonably have been prevented.
Nothing in these Terms excludes, restricts or modifies any liability or consumer right that cannot legally be excluded under Australian law.
Where liability cannot legally be excluded, our liability is limited only to the extent permitted by applicable law.
25. Events Outside Our Control
We will not be responsible for delays or failure to perform an obligation where the cause is outside our reasonable control.
Examples may include:
- severe weather;
- natural disasters;
- traffic incidents;
- power or telecommunications outages;
- website or technology failures;
- supply shortages;
- industrial action;
- government restrictions;
- public emergencies;
- delivery network disruptions; or
- other events beyond our reasonable control.
We will take reasonable steps to minimise the effect of such events.
26. Privacy
Your use of our website is also subject to our Privacy Policy, which explains how we collect, use, store and disclose personal information.
By using the website, you acknowledge that you have had the opportunity to review our Privacy Policy.
27. Changes to These Terms
We may update these Terms from time to time.
Updated Terms will be published on the website with a revised "Last updated" date.
Changes will generally apply from the date they are published, unless otherwise stated.
Changes will not retrospectively remove rights that you have already acquired under applicable law.
28. Suspension or Termination
We may suspend or terminate access to your account or certain website features where reasonably necessary if:
- you seriously breach these Terms;
- fraudulent or unlawful activity is suspected;
- your use threatens the security of the website;
- you misuse the website; or
- we are required to do so by law.
Termination will not affect rights or obligations that arose before termination.
29. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
You agree that disputes relating to these Terms or your use of the website may be dealt with by the courts and tribunals having jurisdiction in New South Wales, subject to any mandatory rights or protections available to you under applicable Australian law.
30. Complaints and Dispute Resolution
If you have a problem with an order, product, delivery or service, please contact us first so that we have an opportunity to investigate and resolve the issue.
When contacting us, please provide:
- your name;
- order number, where applicable;
- details of the issue;
- relevant photographs or supporting information, where appropriate; and
- the outcome you are seeking.
We will consider complaints and requests fairly and in accordance with applicable law.
Nothing in this section prevents you from exercising rights available under Australian consumer protection laws.
31. Contact Details
Kumasi African Market
Location: Penrith, New South Wales, Australia
Email: orders@kumasimarket.com.au
Phone: 0416032254
Website: Kumasi African Market
Acknowledgement
By using this website or placing an order, you acknowledge that you have read and understood these Terms and Conditions.
Last updated: 11 September 2026
Kumasi African Market