Terms and Conditions
1. About These Terms & Conditions
In these Terms and Conditions "we" and "us" mean Kynection operating under Autolync Pty Ltd ABN 50 102 164 447 and "you" 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. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Australian Sales Only
We only sell and ship Products within Australia. We can also deliver the Products outside Australia but there is no Public & Product Liability Insurance to be covered.
3. Legal Capacity to Transact
If you are under the age eighteen (18) years you cannot place orders with kynection.com.au. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Kynection suffer any damage or other losses as a result of a transaction entered into by a minor, Kynection 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 Kynection.
4. Placing Your Order
You may place an Order by filling in the Order Form on the Kynection Web Site and clicking the "Submit My Order" button. When you place your Order, we will issue you with an Order Number. 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. Information contained on the Kynection website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Kynection will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Kynection and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming 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.
5. Authority to Leave
Kynection takes no responsibility in the failed arrival of the goods to the customer, if the customer has opted for the online order or phone order to not require signature on delivery. We cannot control events such as theft or loss of the item if the item is sent and not signed for when delivered. Please note the courier companies also take no responsibility if the receiver has opted for "No Signature On Delivery". All customers be advised that in order to guarantee arrival of an order, the customer must be present at the nominated address, and personally sign for the goods.
6. Payment Methods & Processing
Kynection currently accepts PayPal, Visa, MasterCard or American Express via our website. Payment processing will not begin until we receive all the information we need. 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 WA Public holidays. We process credit card and PayPal payments after you click the "Submit My Order" button. For credit card and PayPal payments we will email you with your Order Confirmation. Your tax invoice is your proof of purchase.
We are unable to accept credit cards issued by banks outside of Australia.
Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
You may be required to provide further identification for additional security reference checks.
Orders that select EFT payments will not be completed until the funds have cleared in our bank. This may take up to 3 business days.
7. Goods and Services Tax (GST)
Kynection is GST Registered - All Kynection purchases include GST 10%.
Kynection always seeks to list Products at their current Recommended Retail Price (RRP). Kynection reserves the right to change prices for Products displayed at Kynection at any time. The price of products shown excludes shipping costs. Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.
9. Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
10. Delivery of Your Products
Delivery time may take between 1~5 working days (depending on ExpressPost networks) from the date your payment is received.
Kynection makes every effort to deliver your Product according to the estimated delivery times. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
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.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.
11. Statutory Conditions and Warranties
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au.
12. Dead on Arrival (DOA)
A Kynection Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken or defective when first taken from its packaging. A Kynection Customer Service Representative will provisionally determine whether the Product is DOA. A photo may be requested to assist with the assessment of your claim. Where a Product is provisionally determined as DOA we will arrange to provide a full refund or a replacement product, depending on your choice.
Where Kynection has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Kynection. If the Product is deemed by Customer Service NOT to be DOA, and is not covered by a warranty, Kynection may refuse to replace the Product.
When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. Replacement Products are provided with the same warranty as the returned Product.
13. Dead Soon After Arrival Products – “DSAA”
If you find a defect in a Product within a reasonable time after delivery and before you have used it a lot (30 days as a rule of thumb) you should notify Kynection and your claim will be treated in the same way as a DOA product (see "Dead On Arrival Products"). A photo or video may be requested to assist with the assessment of your claim.
14. Later Defective Products
If the Product is not DOA or DSAA and you find that the Product has a defect or a problem within a reasonable time during which it should not have that defect or problem, it is a LD Product. Kynection will exchange the LD Product where possible.
A reasonable time is the amount of time that is reasonable to expect, given the cost and quality of the item and the amount and type of usage. Only rarely will that period exceed one year and usually it will be much shorter.
Kynection offers a standard 1 year warranty on their Products. Kynection realises that there may be exceptions and understands that a product must be of reasonable quality and fit for purpose. If a customer believes that their Kynection product has not given them the value expected with the year after purchase, please contact the Customer Service Help Centre for assistance. Kynection will then determine whether to provide a replacement.
Under Australian Consumer Law, it is reasonable to expect a replacement unit or repair if the Product has been functioning for longer than 30 days from purchase. Kynection can assist in return postage costs for warranty or you can visit our showroom in Perth for over-the-counter assistance.
Where claims are made more than 90 days after delivery, we will need full details about the way the LD Product has been used and it may be necessary for us to make further inquiries.
When a claim for a LD is made, an Kynection Customer Service Representative will provisionally determine whether the Product is LD. Where a Product is provisionally determined as LD we will arrange to provide a replacement product.
Where Kynection has provisionally determined that a Product is LD, return shipping will be arranged at the expense of Kynection if the claim has been notified to us within 90 days of delivery. Other cases will be considered on their merits.
If the Product is deemed by Customer Service NOT to be LD, and is not covered by a warranty due to damage or misuse; Kynection may refuse to replace the Product.
The delivery time for replacing the Product will be the same as stated for the original Product.
Replacement Products are provided with the same warranty as the returned Product. Under Australian Consumer Law: the warranty period does not renew if a Product is replaced under warranty.
When a Replacement Product is arranged:
A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA, DSAA or LD Product.
The delivery time for the replacement Product will be the same as stated for the original DOA, DSAA or LD Product.
Replacement Products are provided with the same warranty as the DOA, DSAA or LD Product from the date the Replacement Product is dispatched.
15. Products – Manufacturer Warranty
Products sold through Kynection are serviced and supported by the manufacturer or supplier in accordance with the warranty information provided on the listing. Kynection recognises customers purchasing some products, such as electronics require a high level of support therefore we would ask you to contact the manufacturer or supplier for trouble-shooting assistance. If the manufacturer or supplier is unable to assist, and the product is covered by a statutory warranty, Kynection will replace the item or otherwise provide a remedy.
16. Computer Hardware – Exclusions & Limitations
Kynection is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and re-installation of system and application software and user data are not covered under any Kynection warranty.
In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, Kynection will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with Kynection Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. Kynection specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data.
Where a computing Product needs to be returned to Kynection for a warranty or other claim, Kynection will in no manner whatsoever be responsible for any data you may leave on the computing Product.
17. Our Liability
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Kynection will not be liable for any losses incurred if the Product fails to operate in certain circumstances. The performance of the Product cannot be guaranteed as Kynection is not the manufacturer of the Product. Kynection will endeavour to only supply high quality components to minimise the risk of failure of a Product.
18. Your Data-Use & Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Kynection Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Kynection Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
19. Credit Card Fraud
Whilst Kynection employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Kynection will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.