WARRANTY AND TERMS
In these conditions:
"The Company" means The Trustee for Kmate Unit Trust, trading as:
Kmate, Klika, PowerTrain, Royal Manchester ABN: 36 512 820 728
"The purchaser", “buyer”, or ‘customer’ means the person, firm or company ordering or buying goods from The Company.
The company and the The purchaser expressly agree that until the company has been paid in full for the goods comprised on this or any other sales contracted between them full legal title remains with the company. Notwithstanding the preceding condition all risk in respect of the goods shall be assumed by the buyer upon delivery. The buyer shall examine the goods immediately the goods are delivered. Whilst the company will use its best endeavours to deliver the goods in accordance with the buyers requirements, the company will not be liable for any consequence of late delivery however caused, either with the original purchase and delivery of the item, or any subsequent delays in having the item repaired and returned, or issuing any refund.
Change of mind and purchases made in error:
- When accepted, refunds are subject to a 30% restocking fee of the original purchase price
- Refunds under this provision are provided only as a store credit
- Original freight costs are not refundable under this provision
- Return freight costs are to be paid by the purchaser
- The item must be returned in new, unopened, and unused condition
- Once the product is assembled or used a return will not be possible under this provision
- The company provides a 7 day return window from date of delivery under this provision
- Refunds are subject to the goods arriving back and being inspected by The Company
- For public safety reasons no products intended for human consumption are included under this clause
- Unless otherwise stated in the advertisement this clause does not apply to items sold as ex-demo, or used
Minor and major faults, short or long-term failure:
The company guarantees to the purchaser that the goods will be free from defects caused by faulty materials or poor workmanship for a reasonable period of time based on the product's value and intended purpose(i.e, generally no longer than 12 months from the date of purchase for domestic use, unless it reasonably expected to be a longer period of time) and for a period no longer than 90 calendar days from the date of purchase for commercial use unless otherwise stated in the listing or advertisement at the time of purchase.
This warranty does not cover minor accessories or attachments or consumable parts, including but not limited to, chainsaw chains, pull starts, cutting blades or discs, instrument strings, product bags and cases, and carry straps etc.
Examination by the company of such goods (or photos of the faulty goods if requested by The Company) shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling, other incorrect or lack of proper maintenance, opening cartons with blades, or by repair or alteration not affected by the company. Further item specific failures for products such as fuel powered products, trampolines, outdoor structures (gazebos, tents, and umbrellas), bedding, and pool covers are detailed later in this document.
Defects and failures not covered by warranty include, but are not limited to:
- Damage due to user misuse or use in a manner contrary to the operating instructions
- Damage resulting from the item being used in a manner other than originally intended as advertised
- Improper or neglected maintenance including oiling and cleaning where required
- Improper storage or neglect to properly prepare the item for storage
- Incorrect fuel or oil use, including 2-stroke fuel mixture where applicable
- The user’s inability to properly use the item, including starting or tuning of engines
- Storm or wind damage to items which have not been correctly installed or adequately secured
- Failure due to improper user installation or assembly
- Damage cause when assembling, tuning, or adjusting the product
- Cuts and scratches etc such as those caused by opening packaging with blades or knives
- Items sold as ex-demo, or used unless otherwise stated in the advertisement at time of sale
Items, parts, and accessories not covered by warranty include, but are not limited to:
- Carry and storage bags and straps supplied as an accessory to the main product
- Chainsaw bars and chains
- Cutting wheels and discs
- Instrument strings and minor accessories
- Free gift or bonus items supplied with the main product
Conditions for warranty under short-term or long-term failure:
- Warranty claims must be made within a reasonable period of time of the defect being discovered
- The product must not be used after any problem or defect is detected, failing which, all guarantees and warranties applicable to that product or part will be rendered void.
- Warranty claims are limited to the original warranty period from the date of purchase
- All warranties only apply to the original purchaser, and are not transferable
- The Company may require pictures of, or return of the faulty/damaged item(s) or parts
- Re-delivery of the repaired item or replacement parts will be at the cost of The Company where the warranty claim is found to be a legitimate claim under the terms of this warranty
- The Australian Consumer Law provides certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. These consumer guarantees are different to, and separate from, this warranty, which is given voluntarily by the Warrantor. The time limit of consumer guarantees varies depending on the price and quality of the goods and may extend beyond this warranty or any applicable warranty provided by the manufacturer of the goods.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Should a minor failure exist in relation to a purchased product, the Company will, at its discretion, repair or replace faulty items or parts, or supply a partial or full refund as compensation under this warranty agreement.
- On occasion The Company may supply a full or partial refund as compensation for item damage, failure, or restricted function, subject to this being permitted under Australian Consumer Law, and agreed to between The Company and the Purchaser.
- Unless otherwise stated in the advertisement this warranty does not apply to items sold as ex-demo, or used.
DOA: Faulty or damaged on arrival warranty claims:
This provision is an extension of the regular warranty condition for ‘Product Failure’ as described above and covers items damaged in transit, missing parts, partial delivery, or items having existing defects on delivery.
- Claims under this provision will only be accepted within reasonable period of time from the date of delivery (usually 7 calendar days)
- The buyer must inform The Company by email or in writing within the 7 day period after delivery of the item being received in a damaged on arrival state.
- Cuts and scratches to the product caused by opening cartons with blades etc are not covered under warranty
- Unless otherwise stated in the advertisement this clause does not apply to items sold as ex-demo, or used
Returning items where requested by The Company:
- When required by The Company, goods may need to be returned to The Company to effect the warranty.
- No refunds or replacements will be issued prior to the returned goods or parts being received by The Company
- Goods must be returned using the freight method agreed to by The Company and the Customer which will be determined 250.according to the product and product location
- Items must be disassembled and packed to their original delivery state and returned in the same size packaging to qualify for return freight cost refunds
- Return freight costs will not apply to goods found to in working order or where the fault is other than originally described by the customer in the course of making the original warranty claim
- Items must be authorised for return by The Company prior to the goods being returned. The Company will issue the customer a ‘Return Authority’ number (RA) which must be included with the returned item
- All returned goods must arrive back with The Company no later than 14 days from the date the RA was issued
- In cases where the goods or parts must be returned to The Company for assessment and these goods or parts can be easily returned, Purchaser is to arrange return of goods using The Company’s approved freight delivery method at the purchaser’s expense and The company will reimburse the Purchaser reasonable return postage costs if the Company confirms that the product or part returned is faulty.
- If no fault is found, or products or parts exhibit signs of physical damage, or neglect, the Purchaser will be responsible for reimbursing The Company the shipping costs to and from the Purchaser, and inspections costs equating to $60.00 per hour, on a pro rata basis, relating to the time spent inspecting and checking the product or part returned.
- If a product is too large or too heavy and the Purchaser did not pick up the product from the Company’s premises, The Company will arrange for it to be returned to the Company at its expense, for inspection, within a reasonable period of time after being informed that a fault exists.
Should no fault be found with the returned item or part, the Purchaser will be required to reimburse the company all shipping costs to and from the Purchaser, and inspections costs equating to $60.00 per hour, on a pro rata basis, relating to the time spent inspecting and checking the product or part returned.
- The Company may require up to 14 days after receiving the returned item to asses and/or repair the problem prior to initiating any return or refund
The company reserves the right to cancel, vary or suspend the operation or contract of sales if events occur which are in the nature of force majeure including (and without prejudice to the generality of the foregoing) fire, floods, storm, technical failure, plant breakdown, strikes, lock-outs, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the company and the the company shall not be held liable for any breach of contract resulting from such event.
Australian Consumer Rights
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au. If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to reject the goods and receive a refund, reject the goods and receive an identical replacement, or one of similar value if reasonably available, or keep the goods and receive compensation for the drop in value caused by the problem.
Additional item-specific warranty disclaimers:
The Company will not cover specific warranty claims on products including, but not limited to, the following:
TRAMPOLINES AND TRAMPOLINE ACCESSORIES:
- Rips and tears in nets
- General wear and tear to pole protectors
- General wear and tear to Jump-Mat
FUEL POWERED EQUIPMENT:
- Damage caused by incorrect fuel use
- Inability to start due to incorrect tuning, starting procedure, or dirty filters
- Product which has been stored for long periods with fuel in the tank
- Product not maintained, oiled, and cleaned
UV damage to pool covers (dried, cracked, hardened areas, broken insulation bubbles) will not be covered under warranty. Such damage is caused by improper installation or storage of the cover. Pool covers should lay flat on the water surface with the bubble side down. Folds in the cover or large air bubbles under the cover which prevent the cover from laying flat on the water cause the cover to overheat in sunlight which can cause the cover to become brittle over time. When the cover is stored off the pool it must be stored rolled, not folded, and be kept out of sunlight and excessive heat until it is installed back onto the pool surface.
GAZEBOS, TENTS, and GARDEN UMBRELLAS:
Outdoor items including gazebos, tents, and umbrellas must be securely tied down. The Company will not be liable for damage to items ‘blown away’ by the wind or damage to persons or property caused by the item which was not sufficiently secured against weather. The warranty policy does not cover:
- Damage caused by product not being secured properly as required
- Physical damage caused by use during inclement weather
- Physical damage caused by misuse of the product
- Physical damage caused by incorrect erection of the product
- Physical damage caused accidentally or purposefully
- Physical damage caused by the item blowing away under windy conditions
Klika will not cover specific warranty claims on shade sails including, but not limited to, the following:
- Damage caused by the product not being secured properly as required
- Damage caused by misuse of the product
- Damage caused by wear and tear from trees and branches etc
- Damage from rot or mildew resulting from leaves etc being left on the sail
- Damage caused by overtightening
Where our listing notes that a product offered for sale is a Factory Refurbished item, it means that this product has been professionally restored to working order by a third party vendor. This product has been inspected, cleaned, and repaired to meet product classifications. This item may or may not be in its original packaging and may or may not exhibit signs of prior use, and cosmetic blemishes. It will be supplied with accessories and software specifically mentioned in our listing and not any other external guide or website.
Initiating a warranty claim
If you believe you are entitled to make a warranty claim under these terms and conditions send an email to our warranty department: [email protected]
or call during office hours outlining the problems with the product and state the invoice number from the original purchase.
Action to remedy the problem may include instruction on proper use. The Company may require pictures of the defect which must be supplied. When accepted.
Return the goods within 14 days of the RA # being issued.
Purchases completed in currencies other than AUD will be converted to AUD at the time of refund.
The AUD price at the time of purchase is considered the original value of the goods regardless of the currency used as payment. Refunds may be issued in AUD or the original currency if required, and will be calculated at the currency conversion rate at the time of refund.
If you wish to initiate a warranty claim or receive support for a product you have purchased please visit our KLIKA SUPPORT PORTAL
Advertising and website errors:
The company takes all care to ensure products, features, and prices of current stock displayed are correct at all times. The company reserves the right to cancel and refund any purchase in full prior to dispatch for any reason including, but not limited to, errors in product description, advertised product price, or quoted shipping costs. In such cases the transaction may be cancelled and the full price paid will be refunded. Any such errors are unintentional.
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability.
We make every effort to ensure the accuracy of the information published in our catalogs, flyers, advertisements and on our Web site(s). However, the documents and graphics published may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented. All such documents and graphics are provided "as is" without warranty of any kind.
Krazy Tuesday & Friday Frenzy:
- By participating in the subject offer, you agree to accept and be bound by these terms and conditions.
- This offer titled “Friday Frenzy at Klika” commences at 10:00 AM (AEST) on 9th August 2016 and will continue until such time as Kmate Pty Ltd trading as Klika (“Klika”) concludes it (“Offer Period”).
- During the Offer Period, Klika’s newsletter subscribers and Facebook followers may be granted an opportunity to purchase products supplied by Klika, from time to time, at advertised prices.
- This offer may be applied to a maximum of one transaction per person during the Redemption Period.
- Participants in this offer acknowledge:
- Products offered for sale in this offer may be of Extremely Limited quantity and the allocated stock may sell out prior to a participant being able to secure a singular unit of the product being offered for sale;
- Products generally offered for sale in this offer may be made available to be purchased for a period of 12 hours post commencement of each weekly offer during the Offer Period or until such time as the stock allocated to this offer at Klika’s absolute discretion, has been sold out;
- Klika possesses absolute discretion, at any time, to remove from sale, or substitute a product for another product without any further notice to the participants with the exception of making the product available to be purchased on Klika.com.au;
- Klika at its discretion will allocate the maximum quantity of each product to be made available to purchase per each participant;
- All products made available to the participants during the Offer Period are only secured by the participants once the payment for the product and its shipping has been received in full by Klika;
- During the Offer Period respective products will be available to be purchased electronically via the website located at www.klika.com.au with immediate online payment required, and will not be made available for purchase over the telephone, nor physically in-store;
- Participants must complete the checkout process within 10 minutes of selecting to purchase the product after which time the product will become available to other participants.
- Products included in the offer will be made available only at dates and times as determined by Klika and may not be made available for reservation, purchase prior to the Offer Period or post the Offer Period; and
- Klika, its directors, employees, agents and affiliates make no representations that the website located at www.klika.com.au will perform uninterrupted during the Offer Period.
- Multiple items may be purchased in one transaction.
- Not to be used in conjunction with any other coupon or voucher.
- Without limiting other remedies and in addition to Klika’s rights under its general terms and conditions, Klika reserves the right to disallow, reverse or terminate an offer, limit, suspend or terminate a user account, prohibit access to this offer or any future offers, delay or remove hosted content or take other technical and legal steps against you if Klika believes:
- you have provided false information, conspired with others to gain an unfair advantage or have otherwise been involved in any way in manipulating, interfering or tampering with the conduct of this offer;
- a sale or purchase of any item as part of this offer has not been made in good faith, including where Klika considers that the buyer and seller may be related parties (such as family members or parties sharing the same dwelling); or
- you have engaged in any conduct which Klika considers unfair, fraudulent, detrimental or untoward.
- To the extent permitted by law, Klika will not be responsible for any loss incurred by you in not receiving the product, redeeming or attempting to redeem the offer or for any costs, damages, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of the offer.
- Klika reserves the right to vary the terms and conditions of the offer at its reasonable discretion by publishing revised terms on Klika.com.au.
- The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the state of Victoria.
Lowest Price Guarantee
Should Klika offer for sale a specific product pursuant to a promotional slogan of Lowest Price Guarantee, we promise to beat a competitor’s price by $0.01 during the specified promotion period:
- Product must be identical and brand new in the box.
- Product must be in stock with an authorised vendor (no auctions, group buying sites, daily deals sites, eBay, grey imports or wholesale distributors)
- Competitor’s price must be publicly advertised during the Lowest Price Guarantee promotion period.
- Price must include all costs including any shipping charges. If the advertised price is for pick-up only we reserve the right to charge a delivery service fee.
- Maximum one unit of the product will be supplied per unique purchaser and unique postal address.
- Competitor’s price must be publicly advertised during the Lowest Price Guarantee promotion period.
Your privacy is important to us.
Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Klika Online may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
During a purchase we may collect the following information:
- Contact information including email address and contact phone number
- Demographic information such as your delivery address
What we do with the information we gather for a purchase
Personal information is stored for record-keeping, tax obligations, and warranty purposes only. Your email address may be used in transactional emails to provide you with information regarding the status of your order and for after sales support. We may contact you by eMail regarding future offers we think may be of interest.
We do not sell or share any of your personal information with any 3rd parties except where such information is required to finalise your order such as passing relevant information to courier, postal services responsible for delivering your order, hipages.com.au and its registered installers where the installation service has been requested by you.
When you agree to the use of hipages.com.au service for the provision of quotes, you hereby acknowledge that your personal information will be passed to its server and its registered trades.
We do not endorse the services provided by the trades you select and not warrant the performance of that service. Consequently we are not responsible for damage to the product purchased if it has been incorrectly installed and explicitly waive all responsibility for losses ensuing from the installation services carried out by the trades you choose to engage.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
As our store uses direct embedded payment systems provided by financial institutions our online servers do not store or have access to any credit card information provided during purchases except such details that are passed back to us from the card payment services such as the name of the cardholder and the last 4 digits of the card used.
A cookie is a small file which asks permission to be placed on your computer's hard drive.
Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preference.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- If you would like to opt-out of our direct marketing emails you may do so at any time by writing to or emailing us at [email protected] or following the link provided in the email.
- If you would prefer not to receive transactional email notifications related to the status and delivery of your order please email us at [email protected]
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.