SALES TERMS & CONDITIONS

 

In these Sales Terms and Conditions (Sales Terms) “we”, “us” or “our” mean KEWLAB Pty Ltd (ABN 11 611 902 991), its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases products or related services from us (referred to as “you” or “your”), and collectively the Parties. These Sales Terms apply to all sales made by us to you. These Sales Terms are available at www.kewlab.com (Site).

These Sales Terms form the agreement under which we will supply products and related services to you, including optics, lasers, scientific instruments, laboratory equipment and supplies. Please read these Sales Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase products or related services from us.

You accept our Sales Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access these Sales Terms and contact us, that you have read, accepted and will comply with these Sales Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Sales Terms, you should not purchase from us.

Our Website Terms of Use set out the terms and conditions for using the Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on the Site.

1.Registration: We will provide a confirmation of account registration when you register on the Site. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

2.Products, Services and Orders:

(a)  You may order from us as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of products or services and our ability to validate payment for the products or services.

(b)  It is your responsibility to check the order details, including product/service, pricing and delivery details (including the cost of delivery and shipping and billing addresses), before you complete your order on the Site.

(c)  We will provide you with order details, which may include an order number, an order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated.

(d)  A binding agreement comes into existence between you and us once we have given you an order number. No changes to these Sales Terms will be effective unless we both agree to the changes in writing.

(e)  You will not be able to cancel any order for products or services once the order has been placed with us.

(f)  The products and services are sold to you for your personal or business use only, and you agree not to on-sell or resell the products or services to any third party without our prior written consent. 

3.Price and Payments:

(a)  You agree to pay the purchase price specified on the Site in full at the time that you place your order for the purchase of a product or service, plus any applicable delivery and insurance charges based on the delivery options selected by you (including, without limitation, any import or customs duties, taxes or levies of any kind). All amounts are stated in the currency stipulated on the Site, unless expressly stated otherwise. All purchase prices are exclusive of Australian GST (where applicable) or any equivalent value-added tax (and you will be responsible for the payment of any such taxes where applicable).

(b)  You must pay for the product or services by one of the methods set out on the Site, including via Credit Card (Visa or Mastercard), Paypal, Bitcoin or EFT to the nominated account on our Site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then we may cancel your order.

(c)  In using Bitcoin as a payment method, you acknowledge that trading in bitcoin, or similar digital or virtual currencies, commodities, goods, or products is inherently risky, is not recognised legal tender in some parts of the world, is unregulated by any central or government authority, and may be subject to extreme price volatility. You acknowledge that you understand the risks associated with buying, selling and trading in bitcoins or any other digital currency, commodities, products or goods, under the applicable local laws in your jurisdiction. We may use a third party provider to process your bitcoin transaction (Third Party Provider). You agree to comply with any terms and conditions of the Third Party Provider and to pay any associated transaction fees of the Third Party Provider. To the fullest extent permitted by law, we exclude any responsibility or liability in relation to, or connected with, the Third Party Provider. 

4.Availability and Cancellation:

(a)  All purchases made with us are subject to availability. We do our best to keep in stock most products, and ensure that services supplied by us are made readily available to you, and to keep the Site up to date with availability of products or services.

(b)  If there is a considerable delay in dispatching your order or supplying services to you, or if for any reason we cannot supply a product or service you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit or to put your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for supply/delivery once the product or service is available (as the case may be).

5.Delivery:

(a)  Location: We deliver Worldwide, however, we will not deliver to countries that are subject to trade restrictions or sanctions under Australian or international law (including United Nations sanctions). If you are not in our delivery area please contact us to discuss delivery options.

(b)  Cost: The cost of delivery will be as set out on the Site.

(c)  Timing and address: We will normally dispatch the product within 2-4 weeks of receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company, and we accept no liability for any failure to deliver the products or services in accordance with these estimates. We will deliver the product to the place of delivery you specify when making your order.

(d)  Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery. It is your responsibility to organise to pick up of your order from your local post office, or contact the courier company to arrange another delivery date and time.

(e)  Method: We may deliver the products via a range of delivery methods, including by international DHL. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the product to your nearest post office.

(f)  Ship-from Address: You acknowledge and agree that we may alter the ship-from address stipulated on the Site at our absolute discretion (if any), and that you will remain responsible for the payment of all delivery and associated costs of the delivery of the product to you from the revised ship-from address (although we will use our best endeavours to keep your delivery costs as low as reasonably practicable).

(g)  Title and Risk: Title in the products will not pass to you until the later of delivery (either at your delivery address or nearest post office) and your payment being processed or otherwise received by us. Risk of loss, damage or deterioration to any products will pass to you once the product is delivered to the address you provide.

6.Discount Codes and Promotions:

We may from time to time offer promotional discount codes, which may be applicable to products or services on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.

7.Intellectual Property Rights

(a)  Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).

(b)  We own all Intellectual Property Rights in the Site and our business, products, services, branding and trade names, as between us and you. The products and services contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.

(c)  You must not breach our Intellectual Property Rights by, including but not limited to, altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes (such as on-sale, re-sale or distribution to third parties, without our prior written consent). 

8.Dispute

Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:

(a)  The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to discuss the dispute in good faith to seek to resolve the dispute by agreement between them (Initial Discussion).

(b)  If the Parties cannot agree how to resolve the dispute at the Initial Discussion, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria, Australia to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Sales Terms, by law or in equity.

9.Consumer Law, Return, Refund and Exchange Policy

(a)  ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the products and services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

(b)  Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for 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. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.”

(c)  Nothing in these Sales Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

(d)  Warranties: We offer a 1 year warranty on all products supplied by us (including parts and labour), commencing on shipment of the product to you, on the following terms: we agree to repair or replace any products provided to you that fail to meet the specifications for the relevant product as stated on our Site at the date of shipment (Defect), and only to the extent that you are able to prove to our satisfaction that the relevant Defect was not caused or contributed to by any of your or any third party’s (who has used or otherwise dealt with the product) acts or omissions in relation to the product, or due to the product being improperly installed, operated and maintained.  Except for your Statutory Rights and as stipulated in this clause, all products and services are provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

(e)  Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the Defective product to us.

(f)  Exchange, Returns and Refunds Policy: To the maximum extent permitted by law, and subject to your express entitlements under these Sales Terms, we will not accept any offer to exchange, return, refund or resupply any products or services purchased from us, including (without limitation) due to your change of mind. 

(g)  Packaging and Returns: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to us.  All product returns will require a Returns Material Authorisation (RMA) number.  Please address all requests for RMA number to service@kewlab.com, and make sure you include the order confirmation number in all of your communications.  Once the RMA number is assigned, please follow our shipping instructions for proper returns.

(h)  Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.

10.Limitation of Liability and Disclaimers:

(a)  While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.

(b)  Our liability is governed solely by the ACL and these Sales Terms.

(c)  To the maximum extent permitted by law:

• we expressly disclaim any implied or express guarantees, representations, conditions or warranties of any kind in relation to the Site or the products and services, which are not stated in these Sales Terms;
• we take no responsibility for, and will not be liable for, any loss, cost, damage or expense suffered or incurred by your or any third party as a result of the Site or the products or services being unavailable; and
• we will not be liable for any loss, damage, injury, death, costs (including legal costs), or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, the unavailability of the products or services, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage.

(d)  To the extent permitted by law, our total liability arising out of or in connection with the products, the services or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of the products and/or services under these Sales Terms.

(e)  This clause will survive termination of these Sales Terms.

11.Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sales Terms.

12.General:

(a)  Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

(b)  Accuracy: While we endeavour to keep information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

(c)  Termination: We reserve the right to refuse supply of the products or services ordered by you if you breach any of these Sales Terms, including if we suspect that you are on-selling or reselling the products or services to third parties without our consent, at our sole and unfettered discretion.

(d)  Relationship of Parties: These Sales Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.

(e)  Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Sales Terms if such delay is due to any circumstance beyond our reasonable control.

(f)  Notice: Any notice in connection with these Sales Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.

(g)  Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Sales Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Sales Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

(h)  Assignment: You must not assign any rights and obligations under these Sales Terms, whether in whole or in part, without our prior written consent.

(i)  Severability: If any of these Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(j)  Jurisdiction and Applicable Law: Your use of the Site and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Sales Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

(k)  Entire Agreement: These Sales Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 

For any questions or notice, please contact us at:

KEWLAB Pty Ltd (ABN 11 611 902 991)

513/370 St Kilda Road, Melbourne,

VIC 3004, Australia

info@kewlab.com

Last update: 4 October 2017