TERMS OF BUSINESS
In these Business Terms (Business conditions) "we", "us" or "our" means KickAss Products Pty Ltd ABN 25 169 600 060, its successors and assigns (referred to as "My”, „ons”, „ons" z "KickAss products") and you, the person, organization or entity purchasing products from us (referred to as "you" or "your") and the Parties collectively. These Business Terms apply to all sales we make to you. These Business Terms are available at Kickassproducts.com.au (Side).
These Terms and Conditions constitute the contract under which we will supply you with products. Please read these Business Terms carefully.If you have any questions, please contact us using the contact details below, or send us an online inquiry using the web form on our contact page before purchasing products from us. By making a purchase from us, you accept our terms and conditions.
Your purchase from us implies that you have had a reasonable opportunity to access and contact these Business Terms, that you have read, accepted and agree to be bound by these Business Terms and that you are over the age of 18 or have the consent of a legal guardian over the age of 18 years. You may not order products from us if you are under the age of 18 or you do not have the consent of a legal guardian who is over 18 years of age. If you do not agree to these Business Terms, please do not make any purchases from us.
1. Register for an account (optional)
(a) You may register an account (Account) on our Website. Registering an account makes it easy to order products and track delivery information. We will provide confirmation of account registration during registration on the site. It is your responsibility to keep your account information confidential. You are responsible for all activity on your account, including purchases made using your account information.
2. Products and ordering
(a) You may order from us as described on the Site. We may accept or decline an order at our sole discretion, depending on factors such as product availability and our ability to validate payment for products. For more information, see section 4 below.
(b) It is your responsibility to verify your order details, including product and prices, before placing an order on the Site.
(c) We will provide you with order information, which may include your order number, shipping and billing addresses, and a description of what was ordered when you place an order and pay on the Site and your payment has been confirmed.
(d) A binding contract is formed between you and us when we provide you with an order number. Changes to these Business Terms will not become effective until we both agree to the changes in writing.
3. Price and payments
(a) You agree to pay the purchase price stated on the Site at the time you place your order to purchase the product, plus any applicable delivery charges and insurance based on the delivery options you choose. All amounts are in Australian dollars. All purchase prices include Australian GST (where applicable). Possible delivery and insurance costs are listed separately.
(b) You must pay for the product or products using one of the methods listed on the Site. Your payment will be processed upon receipt of your order. You must not pay or attempt to pay for an order fraudulently or illegally. If your payment cannot be successfully processed, your order may be cancelled. These Business Terms supplement and incorporate the legal terms of our payment service providers, including the KickAss BUSINESS TERMS, but are not limited to the zipMoney legal terms (click here) and the Afterpay legal terms (click here).
(c) Australian Direct reserves the right to lower or offer special or unusual prices through exclusive offers, periodic promotional marketing campaigns, for a limited or indefinite period, or the stocking of special offers that are classed as clearance, end-of-series or damaged goods . Customers who purchase goods outside of any of the above are not eligible for refunds, price differences or refunds.
4. Availability and Cancellation
(a) All purchases from us are subject to availability. We do our best to keep most products in stock and update the site with product availability.
(b) If there is a significant delay in the shipment of your order, or if for any reason we are unable to deliver the product you have ordered, we will contact you using the contact details you provided when you canceled your order. You can choose to get a refund, store credit, or place a backorder. If you choose a refund or store credit, any shipping costs you paid for the product will be refunded. If you choose to place a backorder, we will contact you to arrange delivery/delivery as soon as the product is available (if applicable).
(a) Please note that our products are often shipped from different locations. If you order two different items, they may arrive in separate shipments and at different times.
(B)Place:Please review the shipping information on the page to see if you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options. Please provide a physical address, we do not deliver to a PO Box address.
(C)Re-Delivery:If we or our third party delivery service are unable to deliver your items due to an incorrect delivery address, you provide a PO Box address, there is no one to sign for the delivery, or for any other reason, you are required to collect the shipment from the warehouse to which it is returned or pay for a new delivery. If you do not want to pay for a new delivery and cannot collect the goods from our warehouse, your order will be returned to our warehouse and you will receive a refund (minus shipping costs).
(D)timing:We usually ship within two to three (2-3) business days of receiving your order, unless otherwise stated on the website. All delivery times displayed on the Website are estimates only, based on information provided by the courier company. We will deliver the product to the place of delivery indicated by you when placing the order. We do not deliver to PO Box addresses.
(mi)Change:If you want to change the delivery date or delivery address, please contact us as soon as possible to see if this is possible. If you are unable to pick up delivery on the agreed date, you may be charged a delivery fee for each additional delivery attempt as set out in clause 5(c) above.
(F)Method:We can deliver products in various ways. All deliveries must be signed. If neither you nor your authorized representative is at the delivery address to pick up your shipment, you will be notified, usually by the courier company, who will leave a card with contact details so that you can arrange a different time and date for delivery.
(G)Title and risk:Ownership of the products does not pass to you until delivery is delayed or your payment is processed or otherwise received by us. The risk of loss, damage or deterioration of the products passes to you upon delivery of the product to the address indicated by you.
6. Discount codes and promotions
(a) From time to time, we may offer promotional discount codes that may apply to products on the Site and must be entered at the time of ordering. The terms of using the discount code are defined at the time of its issuance. If the discount code has not been entered correctly or has expired, it cannot be used.
7. Intellectual Property Rights
(a) Intellectual Property Rights means all present and future rights in any patent, copyright, database right, registered design or other right in design, utility model, trademark (registered or unregistered, including all rights in clothing or brand name, service mark, trade name, qualifying layout right, integrated circuit topography right and any other proprietary rights in the results of an industrial, commercial, scientific, literary or artistic intellectual activity, whether or not registered, including any renewals, extensions and reissues of KickAss Products TERMS AND CONDITIONS and all rights to claim any of the foregoing rights (intellectual property rights).
(b) We own all intellectual property rights in the Site, Company, Products and Markings, between us and you. The Products contain material that is owned or licensed by us and is protected by Australian and international law (Materials). We own the copyright to all creative and literary works contained in our Materials.
(c) You must not infringe our Intellectual Property Rights, including but not limited to modifying or adapting the Materials, creating derivative works from the Materials, or using our Materials for any commercial purpose, such as resale to third parties
(a) Your opinion is important to us. We try to solve your problems quickly and effectively. If you have any comments or questions about our products, please contact us. In the event of a dispute between the parties regarding these Terms of Sale, the parties agree to follow the following dispute resolution procedure:
I. The complainant must inform the respondent in writing of the nature of the dispute, the outcome he expects and the means he believes will resolve the dispute. The parties agree to meet in good faith to try to resolve the dispute by mutual consent (first meeting).
II. If the parties cannot agree on a dispute resolution at the first meeting, either party may refer the matter to a mediator. If the parties cannot agree on who should be the mediator, the complainant will ask the Law Society of Queensland to appoint a mediator. The mediator determines the time and place of mediation. The parties must participate in mediation in good faith to try to resolve the dispute.
(b) The parties' attempts to resolve any dispute arising out of this clause are without prejudice to any other rights or claims of the parties under these terms and conditions of business, whether at law or in equity.
9. Consumer Law, Return, Refund and Exchange Policy
(a) ACL: Certain laws, including the Australian Consumer Law (ACL) Schedule 2 of the Competition and Consumers Act 2010 (Cth) and similar consumer protection laws and regulations, may grant you rights, warranties, guarantees and remedies for the sale of products to you that cannot be excluded, limited or modified (statutory powers). (B)Commodity services:If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under Australian consumer law (consumer warranties). You are entitled to a replacement or refund for a major defect and compensation for any other reasonably foreseeable loss or damage. You also have the right to have the goods repaired or replaced if the goods are not of acceptable quality and the defect is not a serious defect.
(c) Nothing in these Business Terms excludes a consumer's statutory rights under the ACL. You agree that our liability for goods delivered to any person or entity defined as a "consumer" under the ACL is governed solely by the ACL and these Business Terms. We exclude all conditions and warranties arising from custom, law or statute, with the exception of statutory rights.
Our guarantee:KickAss products provide a warranty where the original manufacturer of the product does not provide a warranty or where the original manufacturer is based overseas and not located in Australia. KickAss product warranty details are shipped with the product if a KickAss product warranty is applicable. The product order date is the start date of the warranty period for KickAss products. Warranties are offered only to the purchaser of the product and are not transferable. Detailed information on how to claim KickAss KickAss Products TERMS & CONDITIONS & TERMS Product Warranty can be found on our website.
Factory Warranty:The products have a manufacturer's warranty, for which the manufacturer provides a warranty. Warranty documentation is shipped with the affected product. If you have not received this documentation, please contact us using the contact details at the end of these Business Terms. The manufacturer's warranty is in addition to but may be in addition to any rights and remedies you may have under applicable law, including any consumer warranties. If you are not considered a "consumer" within the meaning of the ACL, your only remedy may be the manufacturer's warranty. Check the manufacturer's warranty as many manufacturer's warranties do not apply in a business or commercial environment. If the manufacturer is based in Australia, contact the manufacturer to make a warranty claim. Useful manufacturer contact information is available on our website at https://supportportal.australiandirect.com.au/
(mi)Satisfaction guaranteed:If you are not satisfied with your purchase, please contact KickAss Products within 30 days of receiving the product. If you want to repair, restock, exchange or return the product, please contact us and we will explain the requirements. This may include providing proof of purchase and proof of product defect upon request. You are obligated to return the correct product to us, in new condition, with all related accessories, manuals and other documentation. You are responsible for arranging and paying for return shipping, except as required by law. KickAss Products does not refund shipping or insurance costs.
(F)Refund:If you are entitled to a refund, we will not issue a refund until we have received proof of defective product or have received and inspected the product in our warehouse and assessed whether it qualifies for a refund in accordance with these Business Terms. Any refunds we make will be made using the same payment method that was used to purchase the product. Please note that we reserve the right to deduct the cost of missing parts from the refund amount. We will contact you to discuss this.
(G)Installation, operation, modifications, incorrect charging methods:Subject to this clause, we will not, at our sole discretion, accept or return any product that has been used, plugged in, installed or attempted to be connected or installed. We do not return or replace products that have been damaged as a result of mishandling or accidental damage or use of the product for purposes other than those for which it was made or designed; any product that has been altered, modified or tampered with; any product where the product has been contaminated by foreign material, foreign material or other products, or where the product has been incorrectly loaded.
(H)Duty of Care:It is your responsibility to take care of the product as long as it is in your possession. If you damage the products and then return them, you may be required to pay to restore the product to its original condition. In such circumstances, where repair is not economically viable, no refund will be made.
10. Limitation of Liability and Disclaimers:
(a) While the information and materials on the Site are believed to be accurate and up-to-date, they are provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents disclaim all liability and makes no representations or warranties to you or any other person as to the reliability, accuracy or completeness of the information on the site.
(b) Certain laws, including the ACL and similar consumer protection laws and regulations, may grant you rights, warranties, guarantees and remedies with respect to our provision of goods through the Site, which cannot be excluded, limited or altered. Our liability is governed solely by the ACL and these Business Terms.
(c) To the fullest extent permitted by law, we exclude all conditions and warranties, except for statutory rights, including but not limited to: KickAss Products TERMS OF BUSINESS
I. we expressly disclaim any implied or express warranties, representations or conditions of any kind not contained in these Business Terms;
II. we are not and will not be liable for the unavailability of the Site or products; AND
iii. we are not responsible for any loss, damage, injury, death, costs, including legal fees, or direct, indirect, incidental, special, consequential and/or incidental costs, including loss of profits, revenue, production, opportunities, access to markets name, reputation, use or any indirect, distant, abnormal or accidental loss or any loss or damage related to business interruption, loss of programs or other data in your IT systems or the cost of replacement goods or otherwise incurred by you or claims to you arising out of or in connection with the Site, your inability to access or use the Site, products, late delivery of products or these Trade Terms, even if we have been expressly advised of the likelihood of such loss or damage.
(d) To the fullest extent permitted by law, our entire liability arising out of or in connection with the Products or these Business Terms will arise in any way, including in contract, tort (including negligence), in equity, under or otherwise not to exceed the total price paid for the purchase of products under these Business Terms.
(e) This clause will survive termination of these Business Terms.
These Business Terms may be changed from time to time. Your purchase from us following such changes will be deemed to confirm that you accept those changes. We recommend that you check the current trading conditions before purchasing any product. Our agents, employees and third parties are not authorized to change these Business Terms.
12. Compensation:You indemnify us against all claims, suits, demands, suits, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) arising from your breach of these Business Terms. You agree to cooperate with us (at your own expense) in resolving any dispute, complaint, investigation or legal proceeding arising out of your use of our products, including but not limited to disputes, complaints, investigations or legal proceedings arising out of or relating to incorrect information that you have given us. Your obligations under this clause 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 Protection Act 1988 (Cth) and any other applicable privacy law or guidance.
(B)Accuracy:While we endeavor to keep the information up-to-date and correct, we make no representations or warranties, express or implied, regarding the completeness, accuracy, reliability, suitability or availability of any information, images, products or related images on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain errors, inaccuracies or errors, and we expressly disclaim all liability therefor to the fullest extent permitted by law.
(C)End:We reserve the right to refuse delivery of products ordered by you, close your account, terminate our contract with you and remove or edit content on the site in our sole discretion without incurring any liability to you. We may terminate your account and our agreement with you, at our sole discretion, without any liability to you, if:
II. you commit a correctable breach of these Business Terms and fail to remedy the breach within 14 days of being notified of the breach.
(D)by the way:If and to the extent applicable, GST on our products will be shown on our invoices. By accepting these Business Terms, you agree to pay us an amount equal to the GST applicable on these charges.
(mi)Relationship of the parties:These Business Terms are not intended to create a partnership, joint venture or employer-employee relationship between the Parties.
(F)Higher power:We are not responsible for any delay or failure to perform our obligations under these Business Terms if such delay is due to circumstances beyond our reasonable control.
(G)Notification:Any notice relating to these Trade Terms will be deemed duly given if given in writing and delivered or sent by e-mail, facsimile or post to the party to whom such notice is addressed or to such other address, e-mail address or fax number as may be communicated to the other party in writing from time to time.
(H)Sick leave:Failure by either Party to insist on strict performance by the other Party of any provision of these Trade Terms shall not be construed as a waiver of any existing or future rights in connection with such provision. No waiver by us of any of these Business Terms will be effective unless we expressly declare it to be a waiver and notify you in writing.
(I)Task:You may not assign any rights or obligations under these Business Terms, in whole or in part, without our prior written consent.
(J)Separation:If any of these Business Terms is determined by any competent authority to be invalid, illegal or unenforceable to any extent, such term or provision will be severed to that extent from the remaining terms and conditions, which will remain valid to the fullest extent permitted by law.
(k)Jurisdiction and Governing Law:Your use of the site and any disputes arising out of it are governed by the laws of the State of Queensland and Commonwealth of Australia. These Terms and Conditions are governed by the laws of the State of Queensland and Commonwealth of Australia and the exclusive jurisdiction of the courts of Queensland. The site is available throughout Australia and overseas. We make no claim that the Site complies with the laws (including intellectual property laws) of any country other than Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the place where you access the Site.
(l)Full consent:These Business Terms and any documents expressly referenced in them constitute the entire agreement between you and us and supersede any prior agreements, understandings or understandings between you and us, whether oral or written.
If you have any questions or concerns, please contact: Kickass Products Pty Ltd ABN 25 169 600 060
Assurance: Poole Group accounting and investment advisors
Niveau 1, 8 Innovation Parkway
His birthplace is QLD 4575
Last Updated: September 15, 2017
LegalVision ILP Pty Ltd is the copyright owner of this document and its unauthorized use is prohibited.