Terms & Conditions

OVERVIEW

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. The Terms of Use are governed by and understood in accordance with the laws of the State of New South Wales, Australia. You unconditionally submit to the jurisdiction of the Courts of the New South Wales.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

OUR SERVICES

We are not responsible for any delays or interruptions while using the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

PROHIBITED CONDUCT

In relation to the Website, you, The Customer must not:

  • use the Website or content from the Website for any activities which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use the Website to post or transmit any material that defames, harasses, threatens, offends, infect with viruses or restricts any person or which inhibits any user from using the Website or the Internet;
  • in any way tamper with, hinder or modify the Website;
  • attempt, facilitate or assist another person to do any of the above acts.
INTELLECTUAL PROPERTY

The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website remains the property of KIMCH and protected by Australian laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.We own the copyright, which subsists in all creative and literary works that are displayed on the Website.

The Customer is authorised to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. However, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way other than as permitted under these Terms without the written express consent of KIMCH.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

TERMS OF SALE

By placing an order for any Goods on the Website (‘Order’) the Customer is agreeing to purchase the Goods and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and KIMCH with respect to the supply of the Goods in accordance with these Terms.

  • All Orders are subject to availability of the Goods and confirmation of the Order price.
  • Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure for which KIMCH will not be responsible for.
  • The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
  • KIMCH reserves the right to accept or reject an Order for any reason at any time.
  • When placing an Order the Customer undertakes that all details that are provided to KIMCH are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods. Cases of suspected fraud will be handed over to authorities.
RIGHT OF REFUSAL

KIMCH reserves the right to refuse and/or terminate orders from customers that we deem to be objectionable. Orders that may be considered objectionable in nature may include, but not limited to – suspicion of fraud, breach or noncompliance with store policy and Terms and Conditions, unsustainable (unprofitable and/or damaging to profits), policy abuse, orders outside of shipping zone and abuse/harrasment to staff members. We will attempt to exercise all efforts necessary to rectify and clarify all issues before the determining refusal and/or termination.

PRICE

All prices quoted on the Website or pursuant to your enquiry with us are in Australian Dollars (AUD) and include GST at 10%. They exclude all foreign taxes, VATs and customs and excise duties. Costs relating to international orders will be calculated via our integrated currency converter. The actual international currency conversion that you are charged via your bank may vary. The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).

KIMCH reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing. In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.

KIMCH will issue the Customer with a tax invoice once payment in respect of the Order has been processed.

PAYMENT

KIMCH accepts payment via credit card (Visa/Mastercard) and Paypal. After you make payment for your order, we will email you an invoice, which confirms receipt of your order.

RETURN AND EXCHANGE POLICY

KIMCH accepts returns and exchanges on condition that the customer has read and understood our policy, items in question adhere to our criteria and proper steps and protocols are followed as detailed in our Returns Policy.

DAMAGED OR FAULTY GOODS

All Goods are thoroughly inspected to ensure that they are in the best condition prior being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.

If the Customer discovers that a Good is faulty or damaged, the Customer must notify KIMCH within 14 days of purchase or within a reasonable timeframe thereafter either by returning the goods with the return slip and an explanation, or via email at info@kimch.co along with a description of the product, fault, size and style and the Customer’s preference for a refund, replacement, exchange or repair.

If KIMCH inspects the Good and confirms that there is a fault, the Customer will be entitled to a full refund, replacement (if available), exchange or repair (where possible).

Customers are liable for any delivery costs if the Good is found not to be faulty.

DELIVERY

Any period or date for delivery of Goods stated by KIMCH is intended as an estimate only and is not a contractual commitment. Deliveries are subject to any delays resulting from postal delays or force majeure for which KIMCH will not be responsible. Orders will be dispatched within 1-2 days from the date of the Order.

Australia: All deliveries of Goods purchased by the Customer will be made by registered courier (Sendle, Australia Post eParcel, EasyShip or EasyParcel). KIMCH reserves the right to refuse Authority To Leave in the case of delivery address being unoccupied due to liability in circumstances where parcel is lost. In which case, a collection card will be left in the customer’s post box with details as to how and where to collect their goods. At this point, the goods will be deemed as ‘delivered’. Full details of our domestic Shipping Policy and be viewed on our FAQs.

International delivery: International deliveries will be made by registered courier (Sendle, Australia Post, EasyShip or EasyParcel).Estimated delivery time for international orders is between 5-15 business days.International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. KIMCH has no control and will not be responsible for any duties or taxes.

LOST PACKAGES

We do not accept responsibility for lost orders as a result of a third party's negligence or otherwise, so far as we can provide proof of shipment. If your order is missing, please contact us immediately.

LINKING TO THIS WEBSITE

The Website may provide links to websites and access to content from third parties, including users and affiliates of KIMCH.The Customer agrees that KIMCH is not responsible for the availability of, and content provided on, third party websites.

The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them. To the fullest extent permitted by law in no way will KIMCH, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.

MISCELLANEOUS

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

LIMITATION OF LIABILITY

KIMCH will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.