Kynection Online Store Terms and Conditions
These terms (Online Terms) apply to the purchase and delivery of Products and Services ordered from the online store available on our website (Online Store) and form a contract between you and Autolync Pty Ltd ABN 50 102 164 447 (trading as Kynection) (Kynection). By placing an order using the Online Store, you agree and accept the Online Terms.
- COMPLIANCE WITH ONLINE TERMS
1.1 You will be bound by these Online Terms each time you submit an Order.
- PLACING AN ORDER FOR PRODUCTS AND SERVICES
2.1 By placing an Order on the Online Store, you are making an offer to enter into an agreement to purchase the Products and Services in that order. Orders will be deemed received by Us at the time We send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order.
2.2. Each Order you place will be a separate contract.
2.3 Payment for all on-line orders shall be made by credit card as a completed transaction and a tax invoice will be issued at this point. On completion of payment process a delivery ETA is provided as an estimate.
2.4. You warrant that all Products and Services purchased under these Online Terms will not be re-sold.
2.5 We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Products and Services due to inaccurate or incomplete details provided in an Order.
2.6 You agree to obtain consent to provide Us with Personal Information of recipients of gifts or Products and Services Ordered by you.
2.7 You may place an Order on the Online Store if you are aged 16 years or over (18 years if purchasing using credit), and have an active email account or a telephone number at which you can be contacted.
2.8 If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Products and Services as you wish in one Order.
2.9 We reserve the right to accept or reject your Order for any reason at any time. If We reject your Order you will receive a refund of any money paid.
2.10 Your Order becomes a sale when your Order is paid for, and We have issued you a Tax Invoice.
- AVAILABILITY OF PRODUCTS AND SERVICES
3.1 From time to time, some Products may be out of stock or unavailable or we may not be able to fulfil all or part of your Order. If this happens, we reserve the right to cancel your Order to the extent of the Products and/or Services not available and refund any money that you have paid for those items. Kynection will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under our terms that cover returns.
3.2 We may withdraw or suspend from sale any Products and Services displayed on the Website, either temporarily or permanently, at any time and without notice. Kynection will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Product or Service.
3.3 Kynection reserves the right not to fulfil orders made as a result of genuine human or system error causing incorrect information on the Website. Where your Order is affected by an erroneous description, image, price or otherwise then we reserve the right to cancel your Order and refund any money that you have paid or will at our alternative option reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, and Kynection will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under our terms that cover returns.
3.4 You acknowledge and agree that all pictures and images of Products and Services displayed are for illustrative purposes only.
- PRICE AND PAYMENT
4.1 When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
4.2 All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Online Terms also include GST where applicable.
4.3 Payment for an Order must clear before acceptance of the order and allocation of the stock for dispatch.
4.4 Prices may change without notice. If a pricing error occurs on the Website, clause 3.3 shall apply.
5.1 Click here for delivery options and conditions.
5.2 Any representations made regarding delivery times are estimates only.
5.3 A signature on delivery may be required. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery.
5.4 If no-one is at the delivery address or there is limited access to the delivery address, and a signature is not required for the delivery, the Delivery Agent will leave a collection card with instructions on where to collect the Products and Services.
5.6 For bulky deliveries, the delivery service provider may contact you to arrange delivery. If no one is available to accept delivery at the nominated delivery address on the date agreed between you and the delivery agent, additional redelivery fees may apply.
5.7 Prior to placing your Order, please read the product information page to determine if installation is required. Unpacking and installation fees are Services and do not form part of the delivery fee.
- RETURNS AND REFUNDS
6.1 Kynection Online Terms offers a 14-day change-of-mind Returns Policy within Australia on Products that are returned with proof of purchase and in their original packaging, along with all included accessories, and in new condition suitable for resale, without damage incurred during the time the Product was in your possession, including the period up until we receive the Product.
6.2 This Online terms Returns and Refunds policy is in addition to the statutory guarantees available under the Australian Consumer Law. Clause 5 of the Kynection Terms (rather than the Online Terms) applies if you believe a Product to be defective.
6.3 Client must notify us within 14 days of taking delivery of your Product to request a return under this policy.
6.4 The Product must be returned to us within 10 business days of your request to return your Product. Do not send your purchase back to the manufacturer.
6.5 You must return the Product at your own cost and you must comply with the directions for returning the Product that our staff provide to you. The Product will remain your responsibility during transit until received at the address supplied by our staff. We do not accept any liability for any loss or damage which may occur during transit. If you are shipping an item valued over $75, you should consider using a trackable shipping service or purchasing shipping insurance. Kynection does not guarantee that we will receive your returned item.
6.6 Once we receive the Product back and assess it as undamaged and fit for resale, you will receive a credit for the purchase price of your Product (excluding the Delivery Fees as set out in your order confirmation). If there is no proof of the delivery date it will be assumed to be 3 business days from the date of dispatch of the Order. Kynection will inspect all returns within 2 business days of receipt to ensure they meet these criteria. If returned a Product does not meet these criteria, a refund will be declined and we will return the Product/s to you. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a few days.
6.7 Sale items cannot be refunded. If a sale item is defective, statutory warranties may apply.
6.8 We only exchange or replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at email@example.com and, if we approve the proposed return, send your item to our Shipping Address.
6.9 Kynection’s Shipping Address is as follows: Kynection, 3/459 Nepean Hwy, Frankston VIC 3199, Australia
6.10 Client will be responsible for paying its own shipping costs for returning the item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
6.11 Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
- PROMOTIONS AND DISCOUNTS
7.1 Products and Services, prices, and promotions offered on the Website or in our Online Store may not be the same as those offered in a proposal or quote supplied by Kynection. Kynection is not required to match an Online Store price where the offer or price relates to a proposal or quote not available in the Online Store (whether delivered electronically or not) and vice versa.
7.2 Some Kynection offers or promotions, whether mailed, distributed with your Order, or emailed, or available on the Online Store, may include a promotional code for use when placing an Order. It is your responsibility to ensure that the promotional code is valid, and that you enter the promotional code at the time of placing an Order. The promotional code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the promotional code. The promotional code may be specific to only certain orders or Products and Services on the Online Store. Any promotional code is non-transferable, will be invalidated if it is posted in a forum or made publicly available by anyone other than Kynection and may not be used with other offers.
7.3 Certain offers may be subject to additional terms specified with the offer.
7.4 Unless stated otherwise, all references to times in promotions are based on the local time in Melbourne, Australia.
8.3. Unless otherwise indicated in your account settings or at the time you placed your Order, you agree that Kynection may send you marketing information.
- RISK & LIABILITY
9.1 Risk and title in the Products and Services passes to you on the date and time of delivery of the Products and Services to you by the Delivery Agent or when collected in store through Click & Collect.
9.2 Our Products and Services 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products and Services repaired or replaced if the Products and Services fail to be of acceptable quality and the failure does not amount to a major failure.
9.3 We may provide an additional warranty in addition to your Consumer Law rights and remedies. Any additional warranties given provide you with benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
9.4 We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Online Terms.
9.5 You represent and warrant that Kynection will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Online Terms.
9.6 Our liability to you for loss or damage of any kind arising out of these Online Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
10.1 We may, at our discretion, terminate the agreement for the supply of Products and Services to you:
(a) for convenience, at any time, on giving notice to you; or
(b) immediately if Kynection reasonably believes that you have breached these Online Terms and: (i) that the breach is not capable of remedy; or (ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
11.2 We reserve the right at all times to make changes to these Online Terms. Any variation to these Online Terms will take effect from posting on the Website. The Online Terms which apply at the time you place an Order are those that govern that Order.
11.3 Any provision of these Online Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Online Terms or affect the validity or enforceability of that provision in any other jurisdiction.
11.4 Our failure or delay to exercise a power or right under these Online Terms does not constitute as a waiver of that power or right, and Our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.
11.5. The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Melbourne CBD, Victoria.
The following definitions apply to these Online Terms.
Delivery Address means the address to which the Products and Services are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by Kynection to deliver Products and/or Services.
Delivery Fee means the applicable fee for the delivery of Products and Services.
Products and Services means the items offered for sale in our Online Store.
GST has the meaning given in A New Tax System (Products and Services and Services Tax) Act 1999 (Cth).
Online Terms means the terms governing use of the Kynection Online Store under this agreement.
Order means a request by you to purchase Products and Services from Kynection.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Terms means the terms governing use of the Kynection Website and acceptance of quotes and proposals made by Kynection.
Website means the Kynection website: kynection.com.au