The following important information is provided as a reference to Allocated Stock customers of the former Brosa (Brosa Design Pty Ltd ACN 166 783 491(In Liquidation)), reflecting the email distributed to those customers on 20 February, 2023:
Email Subject Line: "IMPORTANT: Your Order {{Order_number}} with Brosa"
Content:
Dear Former Brosa Customer,
Based on the records held by the Liquidators of Brosa, you have an outstanding order paid in full to the prior Brosa business.
As you are likely aware, Kogan.com has entered into arrangements with the Liquidators of Brosa (KordaMentha), in relation to the delivery of Allocated Stock that you purchased from the Brosa business (before it was placed into liquidation). Kogan does not warrant or support the Allocated Stock, but has been contracted as the delivery agent for your Allocated Stock. “Allocated Stock”, consists of items:
- in respect of which Brosa had been fully paid;
- which were being held in Brosa’s warehouse;
- which were showing as “allocated” in Brosa’s systems as at the date of appointment of Brosa’s Administrators; and
- were received by Kogan in a saleable condition.
In the above contracted capacity, the Kogan team has been working diligently with the Liquidators of Brosa and operators of relevant warehouses to assess and transfer Brosa stock from Brosa warehouses to Kogan warehouses, stocktake all of those items, and determine how to deliver relevant Allocated Stock. This process has been a significant logistical operation. The stocktake revealed that a number of items that the Liquidators believed were in Brosa’s warehouse as at the date of Administration were not actually present or received by Kogan for the purpose of delivery.
What this means for you:
We are pleased to share that having gone through the abovementioned steps, Brosa’s Liquidators have provided the following item(s) to Kogan associated with your purchase order number: XXXXXX as Allocated Stock:
Order ID: XXXXXX
| Stock item (SKU) | Item description | Delivery Address Provided |
| SKU1 |
Description |
Address Line 1 Suburb Postcode State |
| SKU2 | Description | Address Line 1 Suburb Postcode State |
Pursuant to the arrangements between the Liquidators of Brosa and Kogan and subject to the conditions of this offer and fulfilment outlined below, Kogan is offering to organise to have your Allocated Stock delivered to the address you provided when you placed your order subject to the payment of a delivery fee of $XXX.XX*. This is the wholesale delivery cost that will be incurred by Kogan to deliver your order.
We understand you may have already paid a delivery fee to Brosa when you placed your order. However, Kogan did not receive that payment or any additional payment from the previous Brosa business or from the Liquidators for delivery of any outstanding orders.
If you would like to have the Allocated Stock delivered and agree to the delivery fee specified above (subject to the terms and conditions specified in this communication), please click the below link and make payment within 14 days (that is by Monday 6 March 2023):
PAYMENT LINK
How will Allocated Stock be treated if you fail to respond?
If you fail to submit your request and pay the delivery fee by 11:59PM AEDT on Monday 6 March 2023, Brosa’s Liquidators will be permitted to cause the Brosa business to treat the Allocated Stock identified in this email as abandoned by you and can transfer your right, title and interest in such Allocated Stock.
Ordered stock that is not identified in this email
If an item you ordered is not in the above list (even if you ordered it as part of the same order), it may mean the item was not received by Kogan as Allocated Stock.
In that case, you will need to follow up with Brosa’s Liquidators, KordaMentha. Additional information from KordaMentha is available at https://kordamentha.com/creditors/brosa-design-pty-ltd.
If you have multiple outstanding orders with Allocated Stock that you paid for to the prior Brosa business, then you will receive one email for each outstanding order. Please check your inbox (and junk mail or other folders).
What happens next?
If you have submitted your request to deliver the above Allocated Stock by paying the delivery fee, Kogan’s delivery partners (as applicable) will be in touch with you to organise delivery.*
Conditions of this offer and fulfilment
When you pay the delivery fee, the below conditions, including the Additional Terms and Conditions, will form a contract between you and Kogan Australia Pty Ltd in relation to the delivery of the Allocated Stock items listed above.
To clarify, Kogan has been contracted on behalf of the Liquidators of Brosa Design Pty Ltd, KordaMentha, solely in relation to the delivery of Allocated Stock which you purchased from the prior Brosa business.
The abovementioned Allocated Stock items, if received by you, do not represent a sale of those products by Kogan to you and cannot be treated as such. Brosa Design Pty Ltd (in Liquidation) is the entity which supplied and from which you purchased the products comprised in the Allocated Stock and which owed obligations, including under the Australian Consumer Law, in respect of those goods at the time of supply.
As Kogan has not sold or supplied to you the products comprised in the Allocated Stock, it is not able to offer any warranty or support at all for those products. The logistics of getting your items to your address will be undertaken by reputable third parties contracted by Kogan. While Kogan will take care when handling your Allocated Stock, any issues in relation to the items themselves, including any damage which may occur or has occurred during transit, will need to be directed to Brosa’s Liquidators. Kogan will ensure you are provided with tracking details and the name and contact details of the logistics company charged with transporting your goods to you.
Please do not reply to this email. This inbox is unmonitored. You can visit the Kogan website at www.kogan.com/brosa and the creditors portal maintained by KordaMentha at https://kordamentha.com/creditors/brosa-design-pty-ltd for the latest information.
We appreciate your patience and understanding.
Kind Regards,
Kogan.com