Terms and Conditions For Online and Cash Customers
This agreement is between the customer (You) and Kayell Australia Pty Limited ABN 13 087 954 149, 30 Whiting Street NSW 2064 (Kayell) for the purposes of these Terms and Conditions. These Terms and Conditions apply to all transactions through the Website, including but not limited to the ordering, purchase, fulfilment and delivery of Goods from You.
Please read the following Terms and Conditions carefully before placing your Order with Kayell. In addition to these Terms and Conditions, other important conditions may be applicable to your Order, such as the Kayell Australia Pty Limited Returns Policy.
If You do not understand these Terms and Conditions or if You have any questions, please contact Kayell on 1300 529 355 or email us and a representative will be happy to assist You.
The following apply to these Terms and Conditions, unless otherwise indicated by context:
Big & Bulky Goods are large goods where extra handling and additional resources are required to facilitate delivery (i.e. tilt tray trucks or goods that require two man delivery). Non standard delivery Fees and requirements may apply. To check whether or not Goods you are ordering are affected, look for the ‘Big & Bulky’ image and text on the product page.
Business Days means a weekday in which trading banks are open for the transaction of banking business in Sydney, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated by You on the electronic Order form on the Website, excluding Post Office Boxes.
Delivery Agent means any nominated third party delivery or shipping company for Kayell.
Delivery Fee means the fees charged by the Delivery Agent of Kayell for the delivery of Goods in accordance with clause 7, as amended from time to time.
Goods means the items offered for sale described or displayed on the Website.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by You to purchase Goods from Kayell in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).
Returns Policy means the Kayell Australia Pty Limited Returns Policy found on the Website. https://kayellaustralia.com.au/page/17/kayell-australia-returns-policy
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.kayellaustralia.com.au
Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.
We or Us or Our or Kayell means Kayell Australia Pty Limited ABN 13 087 954 149
You or Your means You as the Purchaser of Goods from Kayell pursuant to these Terms and Conditions.
- COMPLIANCE WITH TERMS AND CONDITONS
2.1 Submission of an Order is deemed acceptance of these Terms and Conditions..
2.2 Each Order You place will be a separate and binding agreement between You and Kayell with respect to the supply of Goods, in accordance with these Terms and Conditions.
- PLACING ORDERS FOR GOODS
3.1.You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by You on the Website in the manner described on the Website is an offer by You to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time You submit Your Order.
3.3. In completing the electronic Order form, You agree to provide complete and accurate information as to Your personal details (or those of Your nominated recipient for gifts) to enable the processing and delivery of Your Order. This information will also be used by the Delivery Agent to fulfil Your Order. Kayell will not be liable to You for Your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by You.
3.4 You also agree to obtain consent to provide Kayell any personal details for nominated recipients of gifts.
3.5. You may Order from Kayell if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.6. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless changes to the Order are made by agreement with Kayell in accordance with clause 5.1 of these Terms and Conditions and any cancellations are otherwise in accordance with these Terms and Conditions). However, we will allow you to return Goods in accordance with the Returns Policy. You must check Your Order carefully prior to submitting Your Order with Us. For terms regarding cancellations or returns of Orders, see the “Order cancellation and returns” section (clause 11) of these Terms and Conditions.
3.7. Where You place consecutive or separate Orders for Goods, We cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order.
3.8. You will be provided with an automatic Order number upon submission of Your Order to the Website. The Order number is required when contacting our Customer Service Team in regards to your Order. Please contact Us immediately if an automatic Order number is not issued once You have submitted Your Order.
- ACCEPTANCE AND REJECTION OF ORDERS
4.1 Kayell reserves the right to accept or reject Your Order for any reason at any time.
4.2 When We accept an Order, it represents an agreement by Kayell to supply You the Goods in accordance with the Order and these Terms and Conditions.
4.2 In the event that We reject an Order under clause 4.1, We will notify You of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. Kayell will not be liable to You for Your loss or that of any third party for the rejection of an Order.
4.3 Where We reject an Order and Your payment for the Goods has already been processed, We will refund any money paid to Us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of Your refund will depend on the period of time it takes Your financial institution to finalise the refund. Kayell is not liable with respect to any loss, damage, cost, expense or injury You or any third party incur as a result of any delay in processing Your refund.
4.4 If We are unable to contact You in relation to Your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact You, We will reject the Order under clause 4.1 and We will notify You of that rejection via phone or email within five (5) Business Days after the placement of the Order. Kayell will not be liable to You for Your loss or that of any third party for the rejection of an Order, and if Kayell is unable to contact You due to inaccurate contact information on the Order
- AVAILABILITY OF GOODS
5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and We may not be able to fulfil all or part of Your Order. If this occurs, Kayell will use reasonable endeavours to either source the Goods, or contact You within five (5) Business Days to either arrange a full or partial refund, or change Your Order to replace the Good with a comparable Good in a similar price range (where available) as agreed with You, or come to an alternative arrangement. Where a comparable product or alternative arrangement cannot be agreed upon, then We will refund You the Price paid for the Goods. We will use reasonable endeavours to process the refund within five (5) Business Days of contacting you. Your receipt of Your refund will depend on the period of time it takes Your financial institution to finalise the refund. Kayell is not liable with respect to any loss You or any third party might suffer as a result of any delay in processing Your refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to You. Subject to clause 5.3, Kayell will not be liable to You for any loss You or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and Your payment for the Goods has already been processed, We will use reasonable endeavours to refund any money paid to Us in respect of that Good within five (5) Business Days. Your receipt of Your refund will depend on the period of time it takes Your financial institution to finalise the refund. Kayell is not liable with respect to any loss You or any third party might suffer as a result of any delay in processing Your refund.
5.4. Where Your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Kayell will proceed to fulfil the remainder of Your Order in accordance with these Terms and Conditions. If You are not satisfied with the partial fulfilment of your Order, You can return Your Order to us in accordance with the Returns Policy.
5.5 You acknowledge and agree that:
(a) All pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes, colour and dimensions of Goods may differ in real life;
(b) You have read any corresponding written description of the Goods prior to submitting Your Order;
(c) The colour of Goods as shown on the Website may vary slightly in shade in real life;
(d) Where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is Your responsibility to ensure that the actual size of each item is suitable for Your purpose prior to submitting Your Order (including whether the Good will be capable of delivery to Your Delivery Address due to sufficient, appropriate and safe access); and
(e) Any accessory featured with the Goods is for illustration purposes only, and may be sold separately.
5.6 We display on our website notices that describe the availability of items in our multiple warehouses. Please note if an items says it's in stock this may not be in the same state as you live, its always best to call or email a store if you are driving in to purchase an item needed urgentlly.
5.7 What do our availability notices mean:
(a) In Stock: These items will ship within the time period mentioned depending to the courier service selected and our terms and conditions.
(b) Order Now: These products are usually a stocked item and we feel we can provide them in a timelly manner. Feel free to make an enquiry asking when these items will be back in stock or if ordered will arrive.
(c) Out of Stock: These items are usually sourced from our overseas suplliers or local products we have run out of. Feel free to make an enquiry asking when these items will be back in stock or if ordered will arrive. When an Out of Stock item is ordered, it is quickly ordered from the apropriate supplier if its not already on order.
(d) Pre Order: These items are not available to be despatched yet but we are taking pre orders and when stock is available customers with paid pre orders will take priority.
(e) Special Order: These items are rarelly purchased and not stocked, We need a non refundable payment to order these products from our suppliers.
- PRICE AND PAYMENT
6.1 The Price in respect of a Good is specified on the Website.
6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of Goods and Services Tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.
6.3 Kayell reserves the right to change or alter Prices of Goods on the Website without notice to You, unless You have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.4 will apply).
6.4 In respect of any Order, We will charge You and You agree to pay:
(a) the Price (which is the Price at the time the Order is submitted); and
(b) subject to clause 7, the Delivery Fee.
6.5 You can pay for Your Goods by any of the methods specified on the electronic Order form on the Website. When paying by PayPal or Credit Card, You authorise Kayell to debit Your nominated card at the time You submit Your Order ( this includes even goods that may be out of stock ). The name on the credit card used for the payment must match the name on the Order.
6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by Kayell before Goods which are the subject of an Order are despatched. If Your payment cannot be processed, Your Order will be rejected in accordance with these Terms and Conditions and You will be notified of this. In relation to credit cards, You should contact Your card issuer in the first instance to try to resolve any problem concerning the use of Your credit card, or use an alternative payment method in order to continue with Your Order
6.8 In paying or attempting to pay for the Goods, You agree that You have not engaged in any fraudulent conduct or contravened any Law.
6.9 Whether You order by phone or online, to deter identity and credit card fraud, we may contact You to confirm details or request proof of identity. All information will remain confidential. When You buy or pick-up from any of our retail stores in person, You will be required to provide photo ID when using Your credit card or Debit card. Please note when ordering online, IP addresses will be logged. If We determine that an Order is an attempted fraud, Your details will be reported to credit card authorities and the police station closest to the nominated delivery address for investigation.
6.10 Kayell has no surcharge for MasterCard, Visa or Amex cards, If You wish to pay by electronic funds transfer (EFT), select this option when ordering online. We will not order any goods until we have received your money when using the EFT option.
6.10 You will receive a tax Invoice once Your Goods are despatched and payment in respect of Your Order has been processed.
6.11 Where an Order is split in accordance with clause 7.6, You may see two separate transactions on Your payment statement. You may also be charged additional Delivery Fees in accordance with clause 7.6).
7.1 Kayell uses Delivery Agents to deliver Your Goods. You agree to Your details including Your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 Subject to clause 7.3, delivery is available within Australia in most areas for all Goods, but in remote areas Our Delivery Agent may use a contractor that may lengthen the normal delivery time.
7.3 In relation to Big and Bulky Goods please contact Kayell on 1300 529 355 or email us and a representative will be happy to assist You. In most cases we can supply a rough quote on the phone and provide an exact quote within 24 hours of receiving your detailed delivery instructions for the Big and Bulky Goods you have requested.
7.5 Unless stated otherwise on the Website (for example, where a “Free Shipping” offer applies as set out in clause 7.7), or in these Terms and Conditions, the following Delivery Fees apply to all Orders:
(a) Sydney, Canberra, Melbourne Brisbane & Gold Coast Greater Metro Areas $22.00 per Order (except for Goods that require special delivery or weigh more than 25kg);
(b) Outside of Sydney, Melbourne & Brisbane Greater Metro Areas $33.00 per Order (except for Goods that require special delivery or weigh more than 25kg);
(c) Australia Post eParcel Satchel Australia Wide $11.00 per Order (Goods must fit in a 350 x 480mm satchel and weight under 3Kg to be shipped on this service);
(d) Australia Post eParcel Express Satchel Australia Wide $22.00 per Order (Goods must fit in a 350 x 480mm satchel and weight under 3Kg to be shipped on this service);
(e) Pickup from our Sydney or Melbourne showrooms $0.00;
(f) If deliveries exceed 25kg the above delivery fees do not apply and we will contact you to provide a quote;
(g) Special Delivery Fee for certain Goods:
(1) In relation to Big and Bulky Goods delivery fees see clause 7.3 for further details.
7.5 When You purchase Goods that attract both a Standard Delivery Fee and a Special Delivery Fee (as defined above), You will be required to pay both Delivery Fees, and You authorise Kayell to make such deductions from Your nominated method of payment. For example, if You purchase a box of inkjet paper and a Epson SureColor 20070 64 Inch Printer for delivery to a Sydney metro area, the total Delivery Fee payable will be approximately $372.00 ($22.00 for the paper and $350 for the printer).
7.6 There may be an increase in the Delivery Fee payable by You in relation to an Order if:
(a) Your Order is split and requires multiple deliveries due to:
(1) The quantity or size of the Goods in your Order being large such that Kayell will be required to package Goods in 3 or more boxes; or
(2) Your Order for Big and Bulky Goods after completion of a delivery form attracts special freight conditions from our freight suppliers.
We will notify You of any change to the Delivery Fee for Your Order, and if You do not wish to continue with Your Order, You may cancel your Order. We will refund any money paid to Us in respect of Your Order and make reasonable endeavours to process a refund of any money paid to us within five (5) Business Days. Your receipt of Your refund will depend on the period of time it takes your financial institution to finalise the refund. Kayell is not liable with respect to any loss You or any third party might suffer as a result of any delay in processing Your refund.
7.7 Where the Website provides for “Free Shipping”, clause 7.4(a) will not apply to Your Order for the specified period of “Free Shipping”. A “Free Shipping” offer does not apply to purchases of Big and Bulky Goods (as indicated on the Website), some Orders that attract both a Standard Delivery Fee and a Special Delivery Fee under clause 7.5, some split orders under clause 7.6, and replaced Goods under the Returns Policy. Where no end date to the “Free Shipping” period is specified on the Website, we may change the offer at any time without prior notification to you. However, all Orders processed during a free shipping offer period will be processed in accordance with the offer
Delivery Time Frames
7.8 Subject to clause 7.9. Kayell aims to achieve the delivery time frames set out below.
(a) All Standard Delivery and Special Delivery Goods (excluding Big and Bulky Goods):
(i) Australia Post eParcel Satchel Australia Wide: Approximately 2-3 Business Days for Sydney, Melbourne & Brisbane Metro from despatch, SA, WA & NT will take longer; and
(ii) Sydney, Canberra, Melbourne, Brisbane & Gold Coast Greater Metro Areas: 1-2 Business Days from despatch; and
(iii) Outside of Sydney, Melbourne & Brisbane Greater Metro Areas: 2-3 Business Days from despatch, SA,WA & NT will take longer;
(b) For Big & Bulky Goods expect 3-5 Business Days, on a date agreed by you and Kayell.
We cannot guarantee that Orders that are split under clause 7.6 will be delivered on the same day.
7.9 From time to time, Kayell may not be able to achieve the delivery time frames in clause 7.8. You acknowledge and agree that notwithstanding anything else in this clause:
(a) Kayell cannot guarantee that delivery will occur in the delivery time frames specified in clause 7.8;
(b) delivery time frames may change from time to time due to unforeseen circumstances; and
(c) Kayell is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
Kayell will contact you if there will be a delay in delivery.
General terms for delivery
7.10 Delivery of Goods will take place at the Delivery Address specified by You during the Order process. You will need to submit a separate Order for Goods where You require multiple delivery destinations.
7.11 If You are not personally available to accept delivery, You may appoint a representative to do so in Your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and You agree that we will be entitled to rely on the representative's instructions as if they were Your own. Risk in the Goods shall pass to you once the Goods have been delivered to You or Your representative.
7.12 On delivery, the Delivery Agent may require You or Your nominated representative to provide them with proof of identity, such as photo identification or proof of age (for example, for deliveries involving Goods such as Restricted Goods). Kayell may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age. Where delivery cannot take place due to insufficient identification, a calling card will be left for You to collect the Goods from our Delivery Agents local depot. It is Your responsibility to follow the instructions stated on the calling card. No refund will be issued for delivery fees, where the Goods were unable to be collected by You or Your representative.
7.13 You or Your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If You refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, You may be required to pay any associated fees for redelivery.
7.14 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from our Delivery Agents local depot. It is Your responsibility to follow the instructions stated on the calling card.
7.15 Where You do not collect your Goods (excluding Big and Bulky Goods) from our Delivery Agents local depot within 10 days of a failed delivery, You must contact Our Customer Service Team on 1300 529 355 or email us and a representative will be happy to assist You in claiming Your Order. If Goods are required to be redelivered, You may be required to pay any associated fees for redelivery.
7.16 You agree to give Us as much detail as possible about particular features of the Delivery Address to ensure delivery can take place in advance by calling Our Customer Service Team on 1300 529 355 after placing Your Order. This includes, without limitation:
(a) Restricted access or parking for our truck;
(b) Restricted or limited access to the premises; or
(c) If You have narrow doors, spiral staircase or tight corners.
Where redelivery is required because access issues or limitations for making delivery, You may be required to pay any associated fees for redelivery.
7.17 Upon delivery, You must inspect and test your Goods and check that the Goods delivered match Your Order. If there is obvious damage to the Goods due to transit, You must contact our Customer Service Team on 1300 529 355 or email us at and a representative will be happy to assist You. If the Goods are not as ordered, You may return the Goods to Us in accordance with the Returns Policy. If parts of Goods are missing, You can either contact the manufacturer of the Goods (usually noted on the packaging of the Goods) or contact Our Customer Service Team, or return the Order in accordance with the Returns Policy. If Goods are missing from Your Order, You may call Our Customer Service Team, or return the Order in accordance with the Returns Policy. You must let Us know about any damaged, missing and incorrect Goods within 5 working days. You can otherwise return Goods in accordance with the “Order cancellations and returns “section (clause 11) of these Terms and Conditions. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to You free of charge.
7.18 Orders cannot be delivered to a Post Office or Post Office Box unless you use the eParcel post service
7.19 VIP deliveries must be pre-arranged with Our Customer Support Team, or Our Standard delivery times apply.
7.20 In relation to Big and Bulky Goods, You acknowledge that You will be available to accept delivery at this address on the delivery date as agreed between You and Kayell’s Delivery Agent. If You are not available and redelivery is required, a calling card will be left for You to arrange redelivery. Where redelivery is required due to the fact You were not available at the agreed time, You consent to paying any associated fees for redelivery as required by the Delivery Agent.
7.21 Some Big and Bulky Goods may require assembly. The delivery representatives are not required to unpack, assemble or construct items as part of the delivery service. Assembly of the Good is at Your expense.
- SUPPLIER DIRECT TERMS ( Big and Bulky Goods )
8.1 Some Goods You purchase on the Website are supplied to You direct from Our suppliers. These Goods are identified as such on the Website as Big and Bulky Goods and different terms and conditions will apply to the delivery of those Goods as set out in this clause. Big and Bulky Goods are not covered by Our insurance policy and if any damage in transit occurs you must contact Us immediately, so we can communicate this to Our Supplier for You. In most cases a return of Big and Bulky Goods is not possible so choose carefully. It is your responsibility to ensure that the goods You Purchase are suitable and fit in the location you have chosen, before we ship any Big and Bulky Goods, we will contact you and request a special delivery form be filled in and agreed upon. For the avoidance of doubt, these Terms and Conditions will continue to apply to Your purchase. To the extent of any inconsistency between these Terms and Conditions and Supplier Direct Terms, the Supplier Direct Terms and conditions will prevail.
8.2 Supplier Direct Goods are delivered separately to any other Goods in an Order, and will incur an additional Delivery Fee as specified on the Website.
- RESTRICTED GOODS
9.1 You acknowledge and agree that some Goods may be subject to certain restrictions in the jurisdiction of the Delivery Address, including any Goods, which may not be delivered to a minor (Restricted Goods).
- RISK AND TITLE
10.1 Risk and title in the Goods passes to You on the date and time of delivery of the Goods by the Delivery Agent.
- ORDER CANCELLATIONS AND RETURNS
11.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, You should carefully check that Your Order is accurate before You submit it to Us. You will, however, be able to return Goods in accordance with the Returns Policy
11.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 11) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
11.3. The following terms apply in addition to the Returns Policy for purchases from Kayell:
(a) Please keep the original packaging for the first 14 days.
(b) Big and Bulky Goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please contact the Customer Service Team on 1300 529 355 or email us if the product is faulty so that a warranty repair can be booked.
11.4. If You would like to make a return under the Returns Policy, contact the Customer Service Team on 1300 529 355 or email us for assistance. It is the responsibility of You to return most faulty products to the Authorised Australian Distributor for repair or replacement under warranty.
11.5. Where We reject or cancel Your Order under these Terms and Conditions, We will refund the Price of the Goods to You in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of Your refund will depend on the period of time it takes your financial institution to finalise the refund. Kayell is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
11.6. It is a condition of Visa, MasterCard, Maestro and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Kayell is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of Your refunds will be credited to the card You nominated in Your Order.
- PRODUCT RECALLS
12.1. Where a Good is subject to a product recall, a notice will be posted in the Notice section of the Website. You can return Goods that are the subject of the product recall to any Kayell store.
12.2. If you do not live near a Kayell store, contact the Customer Service Team on 1300 529 355 or email us to organise an alternative arrangement.
12.3. You agree for Us to contact You, using the personal information provided on Your Order, to notify You of a product recall either by telephone (including mobile phone), email or postal mail
- WARRANTIES YOU MAKE TO KAYELL
14.1 You represent and warrant to Kayell that:
(a) all information (including Personal Information) and data provided by You to Us through the Website is true, accurate, complete and up to date, and (where relevant) You have obtained the consent of Your nominated recipient for gifts to provide their Personal Information to Kayell;
(b) any nominated representative receiving the Goods on Your behalf at the Delivery Address is duly authorised by You to do so;
(c) you are over the age of 16; and
(d) in placing your Order, You have read and agree to these Terms and Conditions; and
(e) complied with all Laws.
- KAYELL’S LIABILITY TO YOU
15.1 Subject to any rights you have under the Australian Consumer Law or applicable legislation from time to time and to the fullest extent permitted by Law, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions, except as a result of Our own negligence.
15.2 Subject to any rights you have under the Australian Consumer Law or applicable legislation from time to time, Kayell excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions. You are entitled to certain rights under the Australian Consumer Law that cannot be excluded.
15.3 Our liability to You for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that You cause or contribute to the loss or damage.
15.4 Any express warranty (for example, a manufacturer’s warranty or warranty against defects) accompanying the Goods You purchase is a warranty between You and the supplier or manufacturer with respect to the performance of the Goods (in some instances, for example, Kayell may provide this express warranty). In the event that You wish to make a claim under that warranty, details of the warranty and the claim process including the address and fees (if applicable) to which a claim must be sent are set out with the Goods. Kayell strongly encourages You to follow the warranty claim process and contact the supplier or manufacturer directly to resolve Your warranty claim. Other than expressly stated in relation to particular Goods, Kayell does not make any express warranties with respect to Goods sold on the Website, and is not liable to You or any third party with respect to any loss, damage, cost, expense or injury You or any third party incur or sustain as a result of a breach of any such express warranty.
16.1 Kayell reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website:
(a) for convenience, at any time, upon provision of notice to You;
(i) if Kayell reasonably believes that You have breached these Terms and Conditions, and that breach is not capable of remedy; or
(ii) if You have been provided with notice of the breach, and You have failed to remedy that breach within 14 days (where the breach is able to be remedied).
17.1 Kayell reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern Your relationship with Kayell with respect to that Order.
17.2 Kayell may give notice to You by electronic mail. You may give notice to Kayell by electronic mail to Our Customer Service Team.
17.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
17.4 A failure or delay by Kayell to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Kayell does not prelude its future exercise or the exercise of any power or right.
17.5 The laws of New South Wales, Australian govern these Terms and Conditions. Your transaction is deemed to have taken place in Artarmon, New South Wales.