About these Terms and Conditions
In these Terms and Conditions “we” and “us” mean KmestAu and “you” and “your” means you the customer.
These Terms and Conditions together with your order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event.
Legal Capacity to Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.
Should KmestAu suffer any damage or other losses as a result of a transaction entered into by minor, KmestAu reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with KmestAu.
Placing Your Order
You may place your order by filling in the order form on this website.
When you place your order, we will issue you with an order number, receipt and/or invoice. We will do this by email.
By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.
We will confirm acceptance of your order when we send you an email confirming the shipment of the goods you have ordered.
If we cannot process or accept your order after payment is received, we will contact you by email or telephone.
KmestAu reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders at its sole discretion. If you elect to pay by bank transfer and we do not receive payment in full within 5 days of the date of your order, your order will be canceled.
Payment Methods and Processing
Kmest accepts PayPal, Visa, and MasterCard credit cards and debit cards only.
Orders placed on a weekend, or a public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding NSW public holidays.
We process credit card payments after you click the “Submit My Order” button.
For credit card payments we will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.
You may be required to provide further identification for additional security reference checks. By placing an order, you agree to provide such additional identification or information as may reasonably be requested by KmestAu.
GST
All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the invoice.
Prices
KmestAu always seeks to list Products with the most competitive prices.
KmestAu reserves the right to change prices for Products displayed at the KmestAu website at any time.
Supply of Products
Subject to these Terms and Conditions, we will supply you the Products indicated on your order confirmation.
Refund Policy
If you receive a damaged or defective item, please contact us within 24 hours of receiving the goods. Please supply your order number from your original confirmation e-mail, as well as a description of the damage or defect, along with your e-mail address and phone number. Once we receive all the necessary information we will authorize the return of the goods and arrange a credit towards your next purchase or send a replacement product after we receive the original item(s) back. Please pack the item(s) securely in the original product packaging, if possible. Please include all paperwork, parts, and accessories. Customers will incur the cost of return postage and be credited the purchase price only.
Delivery Charges
KmestAu reserves the right to change prices for delivery at any time (although this is never likely to occur on non-wholesale purchases). Delivery charges for large orders to be are subject to confirmation at the time the order is placed.
Delivery Times
We send all of our orders by Express & Registered Post.
All orders on this website are processed within 48 hours (excludes on weekends and Public Holidays). If there are any unforeseeable delays, you will be contacted by our customer service team.
Orders will be delivered to you by Express / Registered Post, or where more appropriate, a Courier Service of our choosing.
With our nominated Courier Service and Australia Post we recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. Our courier cannot guarantee a specific delivery date or time. If no one is present to accept the delivery a slip will be left in the mail box so that you can collect your item at a suitable time from your local Post Office or depot for larger courier orders.
Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us.
Title and risk of loss to all products will pass to you on delivery.
Products Damaged in Transit
All orders are delivered by Australia Post or by our nominated Courier Service. Both delivery services will endeavor to supply you with the product you have ordered from us in the condition that the goods were dispatched. However on occasion goods or packaging may be damaged in transit to you. If this occurs, please either email us or call the courier’s customer service team. We will supply you with a replacement product or otherwise resolve the issue.
Faulty Products
KmestAu is proud to offer our customers quality products. We will endeavour to supply you with product your have ordered in good condition. However, on occasion goods that are sealed within cartons may be faulty as a result of a manufacturing defect from our suppliers. We cannot individually inspect and fully test each and every item prior to sending. If you receive faulty or defective goods please contact us. We will supply you with a replacement product or a solution.
Limitation of Liability
Information on this website is provided ‘as is’ and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose.
While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website.
We reserve the right to amend or supplement the information supplied on this website without prior notice.
Links available on the website link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly.
We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website.
Copyright
This website and its contents are subject to copyright.
Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents.
General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of kitchen knives. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability in KmestAu for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
KmestAu reserves the right to change the Terms and Conditions of sale at any time.
KmestAu employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Force Majeure
KmestAu shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Company Name, and KmestAu shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of NSW and shall be subject to the non-exclusive jurisdiction of the courts of NSW.
Indemnity
All buyers purchasing products from KmestAu warrant that they are legally entitled to buy the product and possess the product in their jurisdiction and wholly indemnify KmestAu from all loss no matter how or when arising that may be incurred by any party as a result of the buyer’s purchase or possession of any product
It is the Buyer’s sole responsibility to ensure compliance with relevant laws in their jurisdiction. KmestAu makes no representation as to the right to purchase or possess any product advertised for sale on KmestAu.
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