In these Business Terms and Conditions ( Business Terms ) “ we ”, “ us ” or “ our ” beggarly KickAss Products Pty Ltd ABN 25 169 600 060, its successors and assignees, ( referred to as “ we ”, “ us ”, “ our ” or “ KickAss Products ” ) and you, the person, organization or entity that purchases products from us ( referred to as “ you ” or “ your ” ), and jointly the Parties. These Business Terms apply to all sales made by us to you. These Business Terms are available at Kickassproducts.com.au ( Site ) .
These Business Terms form the agreement under which we will supply products to you. Please read these Business Terms carefully. If you have any questions, please contact us using the contact details below or send us a web inquiry using the web form found on our contact us page, before you purchase products from us. You accept our business Terms by making a leverage from us .
Your leverage from us indicates that you have had sufficient opportunity to access these Business Terms and contact us, that you have read, accepted and will comply with these Business Terms, and that you are 18 years or older, or have the consent of a legal defender who is 18 years or older. You must not order products from us if you are under 18 years of age or do not have the accept of a legal defender who is 18 years or older. If you do not agree to these Business Terms, you should not purchase from us.
1. Registering for an Account (optional)
( a ) You may register for an account ( Account ) on our Site. Registering for an Account allows you to well order products and keep cut of rescue details. We will provide a confirmation of Account registration when you register on the Site. It is your duty to keep your history details confidential. You are liable for all natural process on your Account, including purchases made using your account details .
2. Products and Ordering
( a ) You may order from us as set out on the Site. We may at our discretion accept or reject an order depending on factors including handiness of products and our ability to validate payment for the products. Please see clause 4 below for far details.
( b ) It is your duty to check the order details, including product and price, before you complete your order on the Site.
( vitamin c ) We will provide you with order details, which may include an ordering number, the transportation and placard addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated.
( d ) A adhere agreement comes into being between you and us once we have given you an order number. No changes to these Business Terms will be effective unless we both agree to the changes in write .
3. Price and Payments
( a ) You agree to pay the purchase price specified on the Site at the clock time that you place your holy order for the leverage of a product, plus any applicable pitch and insurance charges based on the manner of speaking options selected by you. All amounts are stated in australian dollars. All purchase prices include australian GST ( where applicable ). Any delivery and policy charges will be individually shown.
( b-complex vitamin ) You must pay for the product or products by one of the methods set out on the Site. Your payment will be processed upon reception of your order. You must not pay, or attempt to pay, for an arrange through any deceitful or improper means. If your requital is not able to be successfully processed then your order may be cancelled. These Business Terms accessory and incorporate the legal terms of our payment service providers, including KickAss Products BUSINESS TERMS AND CONDITIONS but not limited to zipMoney ’ sulfur Terms & Conditions ( click here ) terms and conditions and Afterpay ‘s legal terms ( chatter hera ).
( c ) australian Direct reserve the right to reduce or offer special or non-routine price either through exclusive offers, periodic promotional selling campaigns, either presented through a define time period or indefinite, or special offers for inventory that are categorised as clearance, end of line or damaged goods. Customers purchasing goods outside of any above stated activeness will not be subjugate to refund, price variability recompense or refund .
4. Availability and Cancellation
( a ) All purchases made with us are subjugate to handiness. We do our best to keep in stock most products and to keep the Site up to date with handiness of products.
( bacillus ) If there is a considerable stay in dispatching your order or if for any reason we can not supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store citation or to put your order on backorder. If you choose a refund or store recognition, any delivery costs you have paid for the intersection will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for supply/delivery once the product is available ( as the case may be ) .
( a ) Please be aware that our products are much shipped from different locations. If you order two different items they may arrive in break shipments and at separate times.
( boron ) placement : Please refer to shipping information on the Site to check that you are in our manner of speaking area. If you are not in our delivery area please contact us to discuss rescue options. Please provide a physical address, we do not deliver to Post Office Box addresses.
( c ) Re-delivery : If we, or our third-party delivery service provider can not deliver your products because of an incorrect pitch address, you provide a PO Box address, no one in attendance to sign for pitch or for another cause, you are required to collect it from the terminal it is returned to or pay for a re-delivery. If you do not want to pay for a re-delivery and can not collect the items from the terminal, the order will be returned to our warehouse and you will be refunded ( less the transportation costs ).
( vitamin d ) clock : We will normally dispatch the intersection within two-three ( 2-3 ) business days from the reception of your holy order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the rescue company. We will deliver the product to the rate of delivery you specify when making your order. We do not deliver to Post Office Box addresses.
( vitamin e ) exchange : If you need to change a delivery date or the pitch address, please contact us american samoa soon as possible to see if this is possible. If you are not available to take rescue on the match delivery date, you may be charged a delivery tip for each extra attempt for delivery, as per clause 5 ( carbon ) above.
( degree fahrenheit ) method acting : We may deliver the products via a scope of rescue methods. All deliveries must be signed for. If neither you nor your authorized representative is at the delivery address to accept delivery you will be notified, generally by the delivery company leaving a poster with reach details, so that you can arrange another delivery time and date.
( g ) title and hazard : deed in the products will not pass to you until the late of delivery, or your payment has been processed or differently received by us. hazard of personnel casualty, wrong or deterioration to any products will pass to you once the product is delivered to the address you provide .
6. Discount Codes and Promotions
( a ) We may from time to prison term offer promotional discount codes, which may be applicable to products on the Site, and must be entered at the time of submitting your order. The conditions of function relating to any discount code will be specified at the meter that it is issued. If a deduction code is not entered correctly, or it has expired, it is not able to be used .
7. Intellectual Property Rights
( a ) Intellectual Property Rights entail all present and future rights in or to any patent, copyright, database rights, registered design or other design correct, utility program model, deal scar ( whether registered or not and including any rights in get up or trade dress ), brand name, service stigmatize, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of cerebral activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all KickAss Products BUSINESS TERMS AND CONDITIONS renewals, extensions and revivals of, and all rights to apply for, any of the waive rights ( Intellectual Property Rights ).
( b ) We own all Intellectual Property Rights in the Site, business, products and brand, as between us and you. The products contain fabric which is owned by or licensed to us and is protected by australian and international laws ( Materials ). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
( c ) You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derived function works from the Materials or using our Materials for commercial purposes such as onsale to third parties
( a ) Your feedback is significant to us. We seek to resolve your concerns cursorily and effectively. If you have any feedback or questions about our products, please contact us. If there is a quarrel between the Parties in sexual intercourse to these Sale Terms, the Parties agree to the following dispute resolution operation :
one. The plaintiff must tell the respondent in writing the nature of the dispute, what outcome the plaintiff wants and what carry through the plaintiff thinks will settle the quarrel. The Parties agree to meet in good religion to seek to resolve the quarrel by agreement between them ( initial Meeting ).
two. If the Parties can not agree how to resolve the quarrel at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties can not agree on who the mediator should be, the plaintiff will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and position for mediation. The Parties must attend the mediation in good religion, to seek to resolve the challenge.
( b-complex vitamin ) Any attempts made by the Parties to resolve a dispute pursuant to this article are without prejudice to other rights or entitlements of the Parties under these Business Terms, by law or in fairness .
9. Consumer Law, Return, Refund and Exchange Policy
( a ) ACL : certain legislation including the australian Consumer Law ( ACL ) at Schedule 2 of the Competition and Consumer Act 2010 ( Cth ) and exchangeable consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the sale of products to you which can not be excluded, restricted or modified ( Statutory Rights ). ( boron ) Goods & Services : If you are a consumer as defined in the ACL, the follow notice applies to you : “ Our goods come with warranties and guarantees that can not be excluded under the australian Consumer Law ( Consumer Guarantees ). You are entitled to a substitution or a refund for a major failure and for compensation for any early reasonably foreseeable passing or damage. You are besides 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. ”
( vitamin c ) nothing in these Business Terms excludes your statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a “ consumer ” under the ACL is governed entirely by the ACL and these Business Terms. We exclude all conditions and warranties implied by customs, law or codified except for your Statutory Rights.
( d ) Warranties :
Our guarantee : KickAss Products provides a guarantee where the original manufacturer of the product does not provide a guarantee, or where the original manufacturer is located overseas and does not have an australian location. Details of the KickAss Products guarantee will be provided with your product, if an KickAss Products guarantee applies. The date of your orderliness of the product is the date the KickAss Products guarantee commences. Warranties are offered to the buyer of the product only and are not movable. Details of how to claim an KickAss KickAss Products BUSINESS TERMS AND CONDITIONS Products guarantee are set out on our Site.
Manufacturer Warranty : Products will be provided with a manufacturer ’ south guarantee where the manufacturer provides a guarantee. Warranty documentation will be sent with the relevant merchandise. If you did not receive this software documentation, please contact us using the touch details at the end of these Business Terms. The manufacturer ‘s guarantee is in summation to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “ consumer ” within the mean of the ACL, the manufacturer ‘s guarantee may be your sole redress. You should check the manufacturer ’ mho guarantee, as many manufacturers ‘ warranties do not apply in a occupation or commercial typeset. If the manufacturer is based in Australia, please contact the manufacturer if you would like to make a claim under the manufacturer ’ s guarantee. We provide utilitarian information regarding manufacturer ’ sulfur contact details on our Site at hypertext transfer protocol : //supportportal.australiandirect.com.au/
( east ) Satisfaction guarantee : If you are not satisfied with your buy, please contact KickAss Products within 30 days of acknowledge of your product. If you wish to seek a repair, resupply, substitution or a refund for a product, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and testify of defectiveness of the product, if requested. You are required to send relevant intersection back to us, in an as-new discipline with all relate accessories, manuals and other documentation. You are required to organise and pay for render embark, except as required by law. KickAss Products does not refund transportation charges or indemnity charges.
( f ) refund : If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the merchandise at our warehouse and inspected it and assessed whether it is eligible for a refund under these Business Terms. Any refund we make will be by the same requital method acting used to purchase the product. Please note that we reserve the right to deduct the price of any missing parts from the come of your refund. We will contact you to discuss this.
( thousand ) installation, handle, alterations, faulty charging methods : subject to this article, we will not accept or return any intersection, in our lone delicacy, that has been used, connected, installed or attempted to be connected or installed. We will not refund or replace any product that has been damaged ascribable to poor handling or accidental damage or habit of a product for purposes early than those it was created or designed for ; any product that has been altered, modified or tampered with ; any product where the product is contaminated by extraneous matter, foreign substantial or other products, or where the merchandise has been falsely charged.
( hydrogen ) duty of manage : You have a duty of caution for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its master condition. In these circumstances, where a rectify is not economically viable, no refund will be made .
10. Limitation of Liability and Disclaimers:
( a ) While the data and material contained on the Site is believed to be accurate and stream, it is provided by us in good religion on an “ as is ” basis, and we and our directors, officers, employees, contractors and agents accept no duty for and make no representations or warranties to you or to any other person as to the dependability, accuracy or completeness of the information contained on the Site.
( bacillus ) Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods to you by us via the Site which can not be excluded, restricted or modified. Our indebtedness is governed entirely by the ACL and these Business Terms.
( vitamin c ) To the extent permitted by police, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to : KickAss Products BUSINESS TERMS AND CONDITIONS
i. we expressly disclaim any entail or express guarantees, representations or conditions of any kind, which are not stated in these Business Terms ;
two. we take no duty for, and will not be liable for the Site or the products being unavailable ; and
three. we will not be liable for any loss, price, injury, death, costs including legal costs, or expense whether mastermind, indirect, incidental expense, particular, consequential and/or incidental expense, including loss of profits, tax income, production, opportunity, access to markets, grace, repute, use or any collateral, outback, abnormal or unforeseeable loss, or any loss or damage relate to commercial enterprise pause, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in joining with the Site, inability to access or use the Site, the products, the late provision of products, or these Business Terms, even if we were expressly advised of the likelihood of such loss or damage.
( vitamin d ) To the extent permitted by law, our total indebtedness arising out of or in connection with the products or these Business Terms, however arising, including under contract, tort ( including negligence ), in equity, under legislative act or otherwise, will not exceed the full price paid by you for the purchase of products under these Business Terms.
( einsteinium ) This article will survive result of these Business Terms .
These Business Terms may be amended from clock time to time. Your buy from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current clientele Terms before purchasing a merchandise. Our agents, employees and third parties do not have agency to change these Business Terms .
12. Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses ( including legal costs and expenses on a full indemnity footing ) resulting from your breach of these Business Terms. You agree to co-operate with us ( at your own expense ) in the handle of disputes, complaints, investigations or litigation that arise as a resultant role of your use of our products including but not limit to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this article will survive termination of these Business Terms .
( a ) privacy : We agree to comply with the legal requirements of the australian Privacy Principles as set out in the Privacy Act 1988 ( Cth ) and any other applicable legislation or privacy guidelines.
( b ) accuracy : While we endeavour to keep information up to date and correct, we make no representations, warranties or guarantee, press out or implied, about the completeness, accuracy, dependability, suitability or handiness of any information, images, products, or refer graphics contained on the Site for any particular aim. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by police.
( degree centigrade ) result : We reserve the right to refuse supply of the products ordered by you, terminate your Account, terminate our narrow with you, and remove or edit subject on the Site at our sole discretion, without incurring any indebtedness to you. We may terminate your Account and our shrink with you, in our sole delicacy, without incurring any liability to you, if :
i. you commit a non-remediable breach of these Business Terms ; KickAss Products BUSINESS TERMS AND CONDITIONS
two. you commit a remediable gap of these Business Terms and do not remedy the gap within 14 days after receiving notice of the rupture.
( d ) GST : If and when applicable, GST account payable on our products will be set out in our invoices. By accepting these business Terms you agree to pay us an come equivalent to the GST imposed on these charges.
( vitamin e ) relationship of Parties : These Business Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
( farad ) wedge Majeure : We will not be apt for any stay or failure to perform our obligations under these Business Terms if such delay is due to any circumstance beyond our fair control.
( gravitational constant ) notice : Any detect in joining with these Business Terms will be deemed to have been punctually given when made in write and delivered or sent by e-mail, facsimile or post to the Party to whom such notice is intended to be given or to such other address, e-mail address or facsimile number as may from time to time be notified in writing to the other Party.
( h ) Waiver : Any failure by a Party to insist upon nonindulgent performance by the other of any provision in these Business Terms will not be taken to be a release of any existing or future rights in sexual intercourse to the provision. No release by us of any of these Business Terms shall be effective unless we expressly state it is a release and we communicate to you in writing.
( one ) grant : You must not assign any rights and obligations under these Business Terms, whether in whole or in separate, without our prior written consent.
( j ) Severability : If any of these Business Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, circumstance or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
( kilobyte ) jurisdiction and applicable law : Your use of the Site and any dispute arising out of your use of it is capable to the laws of Queensland and the Commonwealth of Australia. These Business Terms are governed by the laws of Queensland and the Commonwealth of Australia and subjugate to the exclusive jurisdiction of the courts operating in Queensland. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws ( including intellectual property laws ) of any state outside Australia. If you access the Site from away Australia, you do so at your own hazard and are responsible for complying with the laws in the target where you access the Site.
( liter ) Entire agreement : These Business Terms and any text file expressly referred to in them represent the entire agreement between you and us and supersede any anterior agreement, understanding or placement between you and us, whether oral or in publish .
For any questions or notice, please contact us at : Kickass Products Pty Ltd ABN 25 169 600 060
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care of : Poole Group Accounting & Investment Advisers
Level 1, 8 Innovation Parkway
Birtinya QLD 4575
last update : 15 September 2017
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