Terms and Conditions
TERMS AND CONDITIONS
Please read the following terms and conditions (these “Terms and Conditions”) carefully before using the kswiss.com.au website (the “Site”). These Terms and Conditions will apply to all purchases of goods in Australia when you order products via the Site. Please read these Terms and Conditions carefully before placing your order.
By accessing and using the Site to order products from us, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Site. We recommend that you keep a copy of these Terms and Conditions for future reference and that you review these Terms and Conditions each time you use the Site to order products from us. These Terms and Conditions can be saved electronically or printed by all users of the Site.
By accepting these Terms and Conditions when confirming your order, you confirm your unconditional acceptance of all terms and conditions associated with the purchase of products from KSGB Global Brands (“KSGB”) as set forth below. Please note that we may change these Terms and Conditions from time to time and without notice. The latest version of these Terms and Conditions is always available on the Site.
- A contract for the supply and purchase of goods (“Contract”) will be formed when we accept your order. Acceptance of an order by us can only be made in writing (e.g., letter, fax, email, or confirmation via the Site).
- Orders may only be placed by customers aged 18 and over.
- These Terms and Conditions and any matters referred to on our receipt for the ordered product(s) form the entire understanding between you and us with respect to your order of products from us and supersede any prior promises, representations (unless fraudulent), or undertakings.
- Any omission or error in any sales literature or advertisement (whether in newspapers, magazines, on the Internet, or otherwise) or in any invoice, receipt, or other document issued by KSGB may be corrected by us without liability.
- These Terms and Conditions are intended to comply with all federal and state consumer protection, privacy, and other laws applicable to the online sale of goods in Australia. If there is any conflict between these Terms and Conditions and any applicable federal, state, or local law or regulation, such law or regulation will govern and control.
- Clause headings are for convenience only and do not affect the interpretation of these Terms and Conditions. Words in the singular include the plural and vice versa.
AVAILABILITY OF PRODUCTS
All orders for products are subject to availability. In the event of supply difficulties or if products are no longer in stock or are incorrectly priced or otherwise incorrectly described on the Site, we will not be obligated to sell you such goods and we will refund any monies that you might have paid.
INFORMATION RELATING TO GOODS
Not all of the goods we sell are available for sale through the Site. We make every effort to display the colors and textiles of our products that appear on the Site as accurately as possible. However, as computer monitors and handheld devices vary in quality and performance, we cannot guarantee that products will be exactly as depicted on your monitor or device.
When placing an order for the first time, you will be required to Fill in your contact information and complete certain required fields on an order form generated by the Site. All steps necessary for placing an order are detailed on the Site.
Before you submit your order, you will be given the opportunity to review your selections, check the total price of your order and correct any input errors. All information on the Site is an invitation to treat or bargain only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the selected goods. Please note, however, that such confirmation or email does not constitute acceptance of your order. No contract in respect of any of our products exists between you and us until your order has been expressly accepted by us. If we do not accept your offer and funds have already been deducted from your account, the funds will be fully refunded. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or text message that confirms that the product has been shipped (the “Shipment Confirmation”). A contract for the purchase of a product between you and us (a “Contract”) will only be formed once we send you the Shipment Confirmation. The Contract will relate only to those products that have been shipped as confirmed by the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the shipment of such products has been confirmed in a separate email or text message.
REFUSAL OF ORDER
We reserve the right not to accept your order for any reason prior to shipment of the goods. We reserve the right to cancel your order by written notice without liability for damages or costs except that we will repay in full the amount received for your order.
When you transmit an order through the Site, we may perform information checks on you before your order is completed and shipped. These checks may include address verification, credit availability and fraud history. We may, from time to time, put an order on hold until these checks can be completed. We run automated and manual checks to filter out suspicious transactions. Suspected fraud will be investigated and prosecuted if necessary.
Our Customer Service personnel may request additional information or documents from you in order to confirm that you are the holder of the credit or debit card that was used to place the order, or are otherwise authorized to place the order. Such information or documents can include the label related to the transaction or a picture of your ID and/or credit or debit card (you should ensure that only the last four digits of the card number, your name and the expiry date are shown). Our Customer Service personnel will not share any information or documents you send, unless an investigation requires us to provide such information or documents to law enforcement personnel. Your information or documents will not be kept by us for more than 6 months, except in the event of an investigation.
If you do not reply to our request for information or documents, we reserve the right to cancel your order. You always have the right to access and modify your personal data by accessing your user account or by contacting Customer Service.
All product prices are in Australian dollars. If an error is found in the price of goods you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or canceling your order. If you cancel, we will refund or credit you for any sum that has been paid by you or charged to your credit or debit card for the goods.
The delivery price is displayed at the end of the checkout process depending on the country you place your order from.
The final price of the goods you order will be displayed on the Site before you confirm your order and will be confirmed on the Shipment Confirmation.
Prices are subject to change from time to time and without notice.
You must pay for the goods in full prior to their shipment to you. The following are accepted methods of payment:
- American Express
Your credit/debit card or Paypal account will be charged at the time the order is placed. To place an order you must confirm to us the name which appears on the card or account to be charged, the card or account number, the expiry date of the card, and the card security code. All credit/debit card or account information will be kept strictly confidential and never shared without your express permission.
Please note that the billing address for your account must be the exact same address as the one registered for the credit or debit card you use for payment, as some banks use AVS (Address Verification System).
If any sum due from you cannot be charged to your card or account for any reason (including due to a “stop payment” request or refusal by the issuer of the card), the sale will be cancelled immediately.
The goods you order may only be delivered in Australia & New Zealand.
The goods you order will be delivered during normal business hours once payment has been confirmed to the address specified in your order. Unless otherwise specified, delivery will be made by Australia Post or Couries Please (DHL Express to New Zealand). If there is no one at the delivery address who is competent to accept delivery of the goods, you will be asked to contact the courier service in order to arrange an alternative delivery date or place to receive the goods.
Delivery will not be made unless full payment for the goods has been received by us. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. Any delivery date or time specified by us is a best estimate only and we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We attempt to deliver all goods within 30 days after order acceptance.
Shipping costs are subject to change at any time.
Ownership of the goods and the risk of loss or damage to the goods pass to you upon delivery.
If, at the time of delivery, the product packaging is visibly damaged, you should open the package in the presence of the carrier in order to verify the condition of the goods. In the event of damage to the goods, you should note the details on the delivery note and contact Customer Service promptly.
If any product is out of stock, we will contact you to determine whether you desire to receive only the items in stock and be refunded for the items out of stock, or cancel the entire order.
YOUR RIGHT OF CANCELLATION
You have the right to cancel a Contract at any time until 30 days after your receipt of the goods. If you exercise your right of cancellation, you will be responsible for returning the goods to us promptly in their original condition.
To return your product, you should mail your product to: K-SWISS AUSTRALIA
(PO Box 10)
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
The goods must be returned in their original packaging, complete with any related accessories or instruction booklets, together with the completed return label and the original packing list.
If you do not return the goods as required under these Terms and Conditions, we will charge you a sum not exceeding the direct cost of recovering the goods.
To return product upon cancellation, please contact us to get your return label. Please include your order number within the message.
We will refund or credit your account you after we have received the returned goods, but in no event later than 30 days after receipt.
No refund will be offered for goods that are returned by the customer incomplete, damaged or soiled. If we receive the goods in such condition, we will send the goods back to you.
For your protection, you should obtain proof that the goods have been returned to us. If you do not wish to use our prepaid return label we recommend that you use a reputable delivery service that furnishes proof of date of postage and delivery. If you do not use our prepaid return label, the cost of returning the goods must be paid by you.
Please note that we do not make any exchanges for goods at this time.
COOKIES AND OTHER TRACKERS
Cookies are text files your web browser stores on your computer or handheld device when you browse the Internet. These files are used to improve your user experience and allow us to optimize the Site (in terms of content and functionality).
Functional cookies are the cookies the Site writes onto your computer or device for browsing, optimizing and customizing purposes. For example, these cookies save the products you add to your shopping cart, remember the country and language you selected, know when you are logged in, and ensure that we do not request information you already provided. Disabling these cookies will make your browsing and ordering less efficient.
Performance cookies anonymously collect information about the way the Site is used, and they allow us to improve the functionality of the Site (e.g., by tracking errors and loading time of pages).
Audience cookies collect data about the way the Site is used and the people who browse it, anonymously (e.g., country/city of origin, type of device, type of browser, time spent on pages). This data may then be compiled statistically to furnish us with information that will allow us to make future improvements to the Site.
Advertising cookies make it possible for us to show you ads or information related to your interests (on the Site and on other websites) while you browse the Internet from your computer or device. For instance, these cookies can be used to prevent you from getting the same ad, or to help us measure the effectiveness of an advertising campaign. Disabling such cookies does not have any impact on your use of the Site, nor will it prevent you from receiving ads on the Site (or other websites). The only difference is that advertising will not be targeted to you (as we will not know your interests or preferences). We will still know how many of our e-mails are opened and we will automatically receive your IP address, a unique identifier for your computer or other access devices, but we will not identify you as an individual.
SOCIAL NETWORK COOKIES
The Site may contain cookies that originate from third-party partners, which allow you to share content from the Site with other persons, to let others know that you visited the Site, or to share your opinion regarding content on the Site. For example, these cookies may generate “Share” or “Like” buttons from social networks such as Facebook, Twitter, Pinterest, Google+, etc.
Social networks are likely to identify you thanks to these cookies and buttons, even if you did not use them while browsing the Site. This occurs if your account on the social network is active on your device (an “open session”) while you are visiting the Site.
Cookies can be disabled directly in your Internet browser, by default or by defining on which sites you will allow them. If you do not wish to have any cookies written onto your device, you need to disable them from your Preferences menu (typically located in the Privacy section of your browser). You will find all the necessary information about the procedure for disabling cookies on the browser’s official website.
We also work with other companies who use tracking technologies, including web beacons, to serve ads on our behalf across the Internet. These companies may collect non-personally identifiable information about your visit to our website and about your interaction with our communications, including advertising and e-mails. If you object to web beacons, you may follow the instructions for deleting existing cookies and disabling future cookies.
SHARING INFORMATION WITH THIRD PARTIES
Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfilment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. We may need to share personal information with these third parties so that they can perform these services; however, we limit the personal information that we give to them and authorize them to use this information only for the purpose of performing those services.
In proceeding with your online order, you agree that both your name and address and those of the delivery name and address (if different) will be checked using third parties such as credit agencies. If you are providing a delivery name and address that is not your own, you must have that person’s permission to give us their personal information and for us to use it for the purposes specified. By providing their name and address, you are telling us that you have their permission.
We share aggregated demographic information about our user base with certain business agents and vendors, so that they can provide marketing analysis and advise us on advertising strategies. This information does not identify individual users. From time to time, we also may share non-personal information (such as the number of users who visited the website during a specific time period or who purchased a specific product through the website) with our marketing partners, advertisers and others. This information is usually shared in an aggregated form.
We may release personal information if we believe in good faith that: the law or legal process requires it; if we have been advised by counsel; we have received a valid administrative request from a law enforcement agency; or such release is necessary to protect the rights, property or safety of K-Swiss or any of our respective affiliates, business partners, customers or others.
If you would like to opt-out of receiving ads tailored by 3rd party tracking technologies associated with our website, please click here. If you opt-out from these third party tracking technologies, you may still see our ads at other websites, but the ads will not be tailored using third party tracking technologies associated with our website.
DISCLAIMER AND LIMITATION OF LIABILITY
We try to ensure that the information on the Site is correct and up-to-date. We reserve the right to modify the contents of the Site at any time and without prior notice. Information contained on the Site should not be relied upon as a statement or representation of fact or warranty of any kind. All images, illustrations and descriptions of our products are for information only.
KSGB PROVIDES THE SITE ON AN “AS IS” BASIS. THIS MEANS WE MAKE NO REPRESENTATIONS AND GIVE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THE SITE, ITS CONTENT, AND THE INFORMATION CONTAINED IN IT, INCLUDING INFORMATION PROVIDED ON THE SITE ABOUT THE PRODUCTS SHOWN FOR SALE, AS WELL AS THE PRODUCTS THAT ARE PURCHASED FROM THE SITE.
While we strive to ensure that the Site is reliable and available at all times, the Internet is an inherently unstable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not warrant or guarantee the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses, or timeliness of the content contained on the Site or the Site’s functionality.
Neither KSGB nor its affiliates or its suppliers will be liable for any special, incidental, or consequential damages, including without limitation damages for loss of use, lost profits or loss of data or information of any kind, arising out of or in connection with the Site or any products purchased at the Site, even if we or our affiliates or suppliers have been advised of the possibility of such damages. In no event will our or our affiliates’ or suppliers’ liability for any claim relating to the Site, any items purchased at the Site, the use of any of the foregoing, or the Contract, whether in contract, tort or any other theory of liability, exceed the purchase price (if any) fee paid by you for the applicable purchase at the Site. Some provinces and states do not allow the exclusion or limitation of incidental or consequential damages in connection with express or implied warranties, and if your state is one of them, we agree to expand your rights to the fullest extent required by the laws of your state. This section does not apply to claims for bodily injury.
DELAY OR FAILURE TO PERFORM
We will not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if due to any cause beyond our reasonable control including, without limitation: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action, or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); or your failure to give us a correct delivery address or notify us of any change of address.
We will inform you of any such unforeseen event within seven days of its occurrence. Should the interruption continue beyond a period of 14 days after notice to you, you will be entitled to cancel the order and a refund will be made in accordance with these Terms and Conditions.
The Contract is governed by the laws of the province of Australia
No waiver by us of any breach of the Contract by you is considered a waiver of any subsequent breach of the same or any other provision.
All copyrights, trademarks and other intellectual property rights in all material or content supplied as part of the Site or in connection with any sale of goods will remain at all times vested in KSGB. You are permitted to use any such materials or content only as expressly authorized by us. You may, however, utilize the Site to the extent necessary to make a copy of any purchase order or Contract details.
USER GENERATED CONTENT
The information or personal details that you provide us will be processed or handled in accordance with our Privacy Statement. By using the Site you are consenting to the processing and use of such information and details and you represent that all information or details you provide to us are true and accurate.