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terms and conditions

 - standard terms and conditions of online sale

 

1. scope

1.1 These standard terms and conditions (“T&Cs”) govern the sales of products (the “Product(s)”) offered on the website www.kpcyarn.com.au (the “Website”) by Miding Trading Pty Ltd ABN 16 623 523 204 (the “Seller”) to any customer (the “Customer”) worldwide.  The previous pages headed “Selecting colours” and “Shipping and Payment” are part of these T&Cs.

1.2 By placing an Order and confirming payment on the Website the Customer agrees to be bound by these T&Cs and to full and unreserved adherence to these T&Cs.

 

2. definitions

Except where the context otherwise requires, the following words shall have the following meanings:

“ACL”: the Australian Consumer Law.  Information about the Australian Consumer Law, when it applies and what it means can be found at http://www.consumerlaw.gov.au.  

“Business Day”: a day other than a Saturday, Sunday or a public holiday in Australia.

“Claim”: any claim, demand, proceeding, action or similar event.

“Customer”: any legal entity or natural person purchasing Product(s) from the Seller. References in these T&Cs to “you” and “your” are also references to the Customer.

“Loss”: any loss, damage, cost, expense or other adverse financial or other consequence.

“Order”: a particular order of specific Product(s) arising from the Customer accepting these T&Cs, selecting the Product(s) on the Website and confirming payment, according to the conditions set out herein.

“Party”: the Customer on the one hand and the Seller on the other hand, referred to jointly as the “Parties”.

“Product(s)”: the Product(s) provided and marketed by the Seller, as presented on the Website including yarns and knitting accessories.

“Seller”: the company Miding Trading Pty Ltd ABN 16 623 523 204, distributor of the Product(s) set out above. References in these T&Cs to “we”, “us” and “our” are also references to the Seller.

“services”: the services to be performed (whether gratuitously or not) by the Seller as specified in an order which is accepted by the Seller or as otherwise agreed between the Seller and the Customer.

“Website”: the website www.kpcyarn.com.au

 

3. product(s) and services

3.1 The Seller has made every effort to ensure that all information provided on this Website is accurate. Some information, including descriptions and specifications, are derived from third party sources such as manufacturers. Therefore the Seller cannot be held responsible if this information is not entirely accurate.

3.2 Colours of Product(s) as depicted on the Website are representative and may not reflect exact shades. See the further information under the heading “Selecting colours”, set out above.

3.3 The Seller reserves the right to change and remove any Product(s) from the Website at any time.

 

4. prices/payment

4.1 The prices are indicated on the Website are in Australian Dollars and exclude or include GST as stated.

4.2 The prices indicated may be changed at any time without advance notice. However, if the prices are changed after an Order is processed, then the Product(s) shall be charged at the rate in force when the Order was processed.

4.3 Prices indicated do not include customs duties or other local taxes where they apply. These duties are borne solely by the Customer and are your full responsibility, both in terms of declarations and payment to the relevant authorities.

4.4 The Seller offers a range of payment options to the Customer. The currently available payment options include: PayPal and bank transfer.

4.5 If any payment issued by the Customer in payment for the Products and services is dishonoured, rejected or otherwise fails to achieve the actual and permanent transfer of actual funds to the Seller, then the Seller may refuse to supply any further Products and services until satisfactory payment is received in full.  Any dishonour or rejection or similar fee(s) charged to the Seller will be recoverable in full from the Customer.

 

5. delivery

5.1 The Product(s) will be delivered in accordance with the delivery information provided when placing the Order.

5.2 Any delivery times indicated are estimates and serve as a guide only, and may vary according to the destination.

5.3 In-stock Product(s) will usually be dispatched within 3 to 5 Business Day, or within 7 to 10 Business Day during peak season. If there are Product(s) out of stock, the Seller will deliver them as soon as is practicable.

5.4 The Seller bears the risk of damage or loss to any Order during the periods and according to the conditions set out in the ‘Shipping and Payment’ heading above, and the Customer bears the risk of damage or loss to any Order at all other times.  The Customer may not make any Claim against the Seller in relation to damage or loss to any Order, except when the Seller is responsible for the risk of damage or loss as set out in the ‘Shipping and Payment’ heading above.

 

6. returns

6.1 Products which we supply to you must comply with the specifications which we disclose to you prior to the supply of the Products, as modified by any particular terms which form part of the T&Cs.

6.2 Services provided by the Seller (which will usually be trivial or incidental in nature) must be performed with due care and skill, applying reasonable levels of relevant skill and relevant technical knowledge.

6.3 The Customer must determine whether the Products and services requested by the Customer and to be supplied by the Seller are adequate for the purpose intended by the Customer. The Seller is not capable of determining all of the Customer’s objectives in relation to the Products and services and relies on the Customer as to whether the Products and services are adequate to achieve the Customer’s purpose and objectives.

6.4 You agree to promptly inspect all Products delivered to ascertain whether there is any visible fault in the Products, or any visible damage to the Products including any damage from transit or wet Products and to inform us within seven days of delivery of the Products if there is any visible fault or visible damage.  If you do not inform us of any damage within seven days of delivery of the Products, then this may impact on your ability to make a Claim for refund, replacement or repair.

6.5 You may make credit or other Claims (subject to the limits set out in Clause 12) where we do not comply with these T&Cs, where there is damage or loss to an Order during the periods and according to the conditions set out in the ‘Shipping and Payment’ heading above, where we have supplied Products which are not free from material manufacturing or workmanship defect, or where you have been invoiced with incorrect pricing.

6.6 We will never (subject to the terms of Clause 12) be responsible for any consequential or other loss or damage (such as, for example, loss of orders placed by your customers, or loss of an opportunity for you) which you suffer as a result of our failure to deliver or delay in delivering Products which you have ordered. 

6.7 If the ACL applies to the relevant relationship between us and you, then this clause 6 and its parts are intended to be read down or severed if necessary, to the extent to ensure that there is no breach of the ACL. If the ACL applies to the relevant relationship between the Seller and the Customer, then:

1)    the Products and services supplied by the Seller come with guarantees that cannot be excluded under the ACL;

2)    the Customer is entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable Loss; and

3)    the Customer is also entitled to have Products supplied by the Seller repaired or replaced if the Products fail to be of acceptable quality but the failure does not amount to a major failure.

6.8 The Seller cannot be held responsible for misuse or accidental damage caused by the Customer.

6.9 To return the Product(s), please email the Seller at sales@kpcyarn.com.au for detailed instructions. When returning the Product(s), the Customer should keep proof of return postage costs if they are eligible for postage refunds.

6.10 Return postage costs will be refunded in the same circumstances as set out in clause 6.5.

 

7. change/cancel an order

7.1 Should the Customer wish to change or cancel their Order, contact must be made with the Seller at sales@kpcyarn.com.au as soon as possible.

7.2 If the Product(s) have already been dispatched, then they may only be returned if the circumstances in clause 6.5 apply.

 

8. communication

The Seller’s contact information can be found on the Contact Us link on the Website.

 

9. copyright notice

9.1 Copyright and other relevant intellectual property rights exist on all text and images relating to the Seller’s Products and services and the full content of this Website.

9.2 The logo on the Website is a registered trademark in Hong Kong and other countries.

 

10. confidentiality

10.1 Customer records are regarded as confidential and therefore will not be divulged to any third party without the Customer’s permission, other than if legally required to do so to the appropriate authorities.

10.2 The Seller will not sell, share, or rent the Customer’s personal information to any third party or use the Customer’s e-mail address for unsolicited mail. Any emails sent by the Seller will only be in connection with the provision of agreed services and Product(s).

 

11. errors/omissions

Clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgement or invoice, shall be subject to correction by the Seller.

 

12. liability

12.1 In any case, the amount of the Seller’s liability to payment of compensation is limited to a maximum of the total amount of the Order actually paid for by the Customer.

12.2 If the ACL applies to the relevant relationship between us and you, then we are not permitted to exclude our liability for consequential loss or damage and do not attempt to do so.  Other than in relation to the any specific product warranties which the Seller has stated on the Website, to the extent permitted by the ACL and by law generally, we exclude all conditions and warranties to the full extent permitted by law (including in respect of merchantability or fitness for any purpose).

12.3 To the extent permitted by the ACL and by law generally, we will be under no liability whatsoever to you and/or any third party for any indirect, special, consequential or exemplary Loss or Claim or personal injury suffered by you and/or any third party directly or indirectly in connection with the Products and services or directly or indirectly arising out of the Agreement or otherwise from the relationship between us and you and any third party, and whether actionable in contract, tort (including negligence), equity or otherwise.  In addition to each other limitation which applies to the relationship between us and you, we are only required to:

1)    either replace or repair Products or reimburse you for the repair or replacement of the Products (at our election);

2)    either re-supply services or reimburse you for paying someone else to supply the services (at our election);

and our liability is limited to those obligations. If the ACL applies to the relevant relationship between us and you, then this clause only applies in relation to Products and services which are not used for personal, domestic or household purposes.

Any liability of the Seller to the Customer will also be reduced to the extent that the Customer or any other person contributed to the Loss.

 

13. waiver

The failure of either Party to enforce any provision of these T&Cs shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of these T&Cs.

 

14. severability

If a provision of these T&Cs is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

No provision in the T&Cs is to be construed to the disadvantage of the Seller merely because the Seller has prepared and proposed these T&Cs.

 

15. governing law

These T&Cs will be governed by and construed in accordance with the law in Queensland, Australia and any disputes relating to these T&Cs will be subject to the non-exclusive jurisdiction of the courts of Queensland.

 

16. force majeure

The Seller cannot be held liable for failure to fulfil one of its commitments to the Customer, if this failure is due to a case of force majeure such as war, strike (in-house or at one of its suppliers or manufacturers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, or another event or events which are beyond the reasonable control of the Seller. In this situation, the Seller must take reasonable steps to inform the Customer of the relevant event or events and the measures taken (if any measures are possible) to remedy it.

 

17. variation

The Seller may revise these T&Cs from time-to-time. Revised T&Cs will apply to the use of this Website from the date of the publication of the revised T&Cs on this Website. The Customer should check this page regularly to ensure he/she is familiar with the current version.

 

18. entire agreement

These T&Cs, constitute the entire agreement between the Customer and the Seller in relation to the Customer’s use of this Website, and supersede all previous agreements in respect of the Customer’s use of this Website.

19. market claims and loss leading

You agree that you must not make claims about our Products or services in public, in the market generally, or to third parties, especially including customers of yours to whom you may resupply our Products or services, unless those claims are completely consistent with actual facts and with any specifications and other information which we may make available in relation to our Products and services. 

You agree that you must not purchase any of our Products in order to use any item or product forming part of our Products as a ‘loss leader’ – for example, you may not acquire any item or goods forming part of our Products with the intention of selling that item or goods below its cost, in order to promote your business and to attract customers who are likely to purchase other goods or services from you.  We do not agree to provide our Products for that purpose and are not required to do so.

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