2. “User” for the purpose of the Terms means any person, group or entity who accesses, uses or views in anyway the Website either directly or indirectly including in their capacity as advertiser, browser, subscriber or any other use of the website, or uses, benefits or is in anyway connected with the Services.
3. “the Company” for the purpose of the Terms means Kambamboo of PO Box 1468, Byron Bay, New South Wales, 2481, its employees, agents, affiliates and its related entities.
4. “the Company’s Services” and “Services” means all products, information, items and services provided or sold to Users or other third parties by the Company whether directly or indirectly via the Website or in any way connected with the Website.
5. The Company may amend the Terms at any time at its sole discretion by posting the amended terms on the Website. All amended Terms shall be effective 7 days after they are posted on the Website. In the event that a User does not agree with the Terms, the User must immediately cease use of the Website and the Services.
6. The Services are available only to persons or entities who can form legally binding contracts (i.e. in the case of individuals, those over the age of 18 years or such other age as applicable by law).
7. The Company may amend the Services provided on or via the Website at any time.
Product Orders, Price and Delivery
8. Any order placed by a User through the Website is an offer by the User to purchase a particular product(s) for the price (including the delivery and other charges and taxes where applicable) specified on the Website at the time the User places the User’s order. The Company reserves the right to accept or reject the User’s offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on the Website, or an error in the User’s order. The rejection of any offer is at the sole discretion of the Company. The User’s contract only comes into existence when the User is forwarded a confirmation of receipt of the User’s order and payment. If the Company does not have the goods the User orders in stock, the User will be offered an alternative before the Company dispatches the User’s order. If this occurs the User may accept the alternatives the Company offers, cancel the User’s order or leave the order valid, but must advise the Company to omit the out-of-stock item/s. If the User’s credit card has already been charged for an order that is subsequently cancelled, the Company shall issue a credit to the same User’s credit card account.
9. Once a User submits and pays for an order and if the product(s) have been shipped, the order cannot be changed.
10. All prices displayed on the Website, including but not limited to prices of products and services and delivery and other charges, are quoted in Australian Dollars and are current at the time of issue, but may change at any time without notice and are subject to availability. Any changes to prices displayed on the Website are at the sole discretion of the Company. Prices displayed on the Website are inclusive of Goods and Services Tax (GST) applied at the rate of 10%.
11. The User is responsible for the payment of any and all taxes, duties and charges or any liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, and additional GST payable or any value added tax imposed on any products or services acquired or ordered by the User from the Website. The User will also be liable for any transport or delivery costs incurred as a result of delivering the User’s order to the User or the User’s nominated delivery address. The Company shall advise the User of such transport or delivery costs when an order is placed and/or before it is dispatched to the User.
12. The User must pay the Company the full price of the User’s order before the Company will dispatch any part of it.
13. Any delivery time which may appear on a User’s order or on the Website are indicative only and the Company will not be liable for any failure to observe these delivery times.
14. The Company delivers products to street addresses only.
15. Any sizing reference provided on the Website is a guide only and may not provide the exact fabric roll width for every style of fabric that the Company carries.
Returns Policy and Defective Items
16. If a User is not happy with a product that was purchased from the Website for any reason, The Company is happy to exchange it or provide the User with a credit on the User’s customer account, providing the product is returned to the Company (at the User’s cost) in its original condition, undamaged, unworn and unopened within 14 days of receipt of the order. The User must pay all freight and transport charges in respect to the return of the product and the delivery of any replacement product to the User.
17. If goods are in the reasonable opinion of the Company faulty, wrongly described or different from a sample shown, the User may choose between a refund, exchange or a credit.
18. Depending on the fault, certain products may need to be returned to the manufacturer for inspection. Products will as reasonably possible be replaced with the same product originally purchased. For products that cannot be replaced, a full refund will be offered.
19. Products being returned will not be accepted without a Return Authority Number (“RA#”). A User must contact the Company via firstname.lastname@example.org to obtain a Return Authority number (RA #) and return address details. Highlight the RA# on the outside of your parcel and return the product to the address provided. As soon as the return has been received by the Company a customer service representative will be in contact with the User to discuss replacement options. Please Note: If the order was placed incorrectly by the User, the User will be charged the return transport or delivery costs.
20. All returns must be received by the Company within 14 days from the dispatch date. The User must provide a copy of the User’s receipt with the original packaging within 14 days from the dispatch date. Replacement product will only be shipped after the faulty product has been received by the Company. All returns must have a RA#. Any product that is returned to the Company without an RA# will be returned to sender at the cost of the sender.
21. If a User feels that their return falls outside of the Company’s policy, then the User may contact a customer service representative via email@example.com and set out their concern/s.
22. We do not accept any returns for products purchased directly through one of our authorised retailers. Please contact the store the product was purchased from directly for any returns/exchanges. We only accept returns for purchases made through the Company and its Website.
23. Please note: Notwithstanding our warranty terms, 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 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. The benefits under our warranty are in addition to other rights and remedies under a law in relation to the goods.
Warranty claims should be submitted to:
PO Box 1468, Byron Bay, New South Wales, 2481
Phone: 0404 946 553
24. The Company has no control over the quality, safety or legality of any product or content posted by Users on the Website nor does it have control over the truth or accuracy of the listings or information provided by Users or third parties.
25. It is the User’s responsibility to verify the current lawfulness of transactions in the transacting countries and Users use the site at their own risk.
26. The Company does not warrant that your access to the Services or Website will be continuous or fault free and the User acknowledges that the Company does rely on various Service Level Agreements that it has with third parties from time to time and its ability to perform hereunder may be affected by the terms of such Service Level Agreements.
27. The Company is not responsible for confirming the identity of Users. Users should make their own enquiries and verify for themselves whether a person, entity or product on the Website is the person, entity or product that it purports to be.
28. Without limiting any other remedies available to the Company, the Company may, at its sole discretion, suspend or terminate the Website access or the Services to any User or permanently delete or temporarily remove any product or information which is posted to the Website by the User or on behalf of the User if the Company suspects that the User has engaged in fraudulent activity in connection with the Website or in any conduct which the Company is of the view that it is offensive, unlawful, or if the product, information or User is breaching these Terms.
29. The User is not entitled to set up (or to assist others to set up) links from the User’s own websites to the Website (whether by toggling or otherwise) without the Company’s prior written consent, which it may grant or withhold at its absolute discretion.
30. The User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy any content or web pages or other information on the Website without the Company’s prior written permission.
31. The Company provides the website and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. To the extent permitted by law, the Company specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company does not guarantee continuous, uninterrupted or secure access to the Website or the Services, nor does it guarantee that the Website or its server are free of viruses or other harmful elements, and it is acknowledged that the operation of the Website may be interfered with by numerous factors outside the Company’s control.
32. The security of personal information is important to the Company, and the Company is committed to handling it carefully. The Company makes reasonable efforts to follow generally accepted industry standards to protect the personal information submitted to it, both during transmission and once received. For example, the Company aims to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to personal information, as appropriate to the nature of the data concerned. No method of transmission over the Internet, or method of electronic storage, however, is completely secure. Therefore, the Company cannot guarantee the security of any data disclosed to it online, and in accepting the Terms by using the Website the User accepts the inherent risks of disclosing data online and agrees that in no event will the Company or any of its subsidiaries or affiliates be liable for any breach of security or unauthorized third party intrusion.
33. The Website may contain links to websites of third parties who (1) are not affiliated with the Company, (2) are outside the Company’s control, and (3) are not covered by this Policy (“Third Party Websites”). Links provided to Third Party Websites on the Website are provided to the User only as a convenience, and the inclusion of any link does not imply reliability and endorsement by the Company of the content of any such Third Party Websites. The Company is not responsible for the privacy practices of Third Party Websites, which may collect and use information from the User in a manner different to how the Company does so and accordingly the use of such Third Party Websites is entirely at the User’s own risk. For relevant information, the User should review the privacy statements or policies of any Third Party Websites before using them.
34. To the extent that the Company is able to limit the remedies available under the Terms, the Company expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
(i) in the case of goods, any one or more of the following:
a. the replacement of the goods or the supply of equivalent goods;
b. the repair of the goods;
c. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d. the payment of the cost of having the goods repaired; and
(ii) in the case of services:
a. the supply of the services again; or
b. the payment of the cost of having the services supplied again.
35. In no event shall the Company be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Services or the Website or these Terms. The User agrees to accept sole responsibility for the legality of the User’s actions under the laws which apply to the User and any transaction conducted directly or indirectly or in any way connected with the Website or the Services. The User agrees that the Company has no responsibility for the legality of any other User’s actions or inactions.
36. To the extent permitted by law, the Company’s liability, to the User or any third parties in any circumstance is limited to the greater of:
(ii) The amount of fees the User pays to the Company in the 1 month prior to the action giving rise to the liability or the cost of the product giving rise to the liability; and
37. Notwithstanding the above provisions, nothing in the Terms is intended to limit or exclude any liability on the part of the Company where and to the extent that applicable law prohibits such exclusion or limitation.
38. The User is solely responsible for the supply of the content which is published on the Website. The User must ensure that any content does not include Prohibited Content and complies with all applicable laws. For the purpose of these Terms “Prohibited Content” means content that:
(a) is likely to be, having regard to the contemporary attitudes of Australian society, offensive to reasonable adults;
(b) is likely to be, having regard to the contemporary attitudes of Australian society, unsuitable for minors;
(c) promotes, incites or instructs in matters of crime;
(d) describes, incites or promotes unlawful sexual activity;
(e) promotes or incites violence against any person or group, or incites racial hatred;
(f) causes unnecessary alarm, distress or panic;
(g) breaches a code of practice that applies to the Service;
(h) is false, misleading or deceptive, or likely to mislead or deceive;
(i) provides financial advice to any person;
(j) is out of date, having regard to information generally available, subsequently published, or released, or made available;
(k) contains viruses, corrupted data, or other harmful, disruptive, or destructive files; or
(l) breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
39. It is acknowledged that a failure to comply with clause 38 constitutes a material breach of the Terms which gives the Company the discretion to take such action as it deems appropriate, including but not limited to: (i) terminating the User’s right to use the Website; (ii) removing any content that fails to comply with clause 38; (iii) pursuing legal action against the User, in which case the User agrees that the Company may recover reasonable legal costs and fees incurred in pursuing such action; and/or (iv) disclosing information to law enforcement authorities.
40. The User agrees to indemnify and continue to indemnify and hold the Company harmless from and against any claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, including reasonable legal fees, made by any third party or User due to or arising out of: (i) the User’s breach of the Terms, or (ii) the User’s violation of any law or the rights of a third party or (iii) as a result of any User having a dispute with any other User/s.
41. The User shall comply with all applicable domestic and international laws, statutes, ordinances, common law and regulations regarding the User’s use of the Website and Services. The User agrees to ensure that any information posted by the User on the Website does not violate the Broadcasting Services Act 1992 (Cth), the Competition and Consumer Act 2010 (Cth) and any other applicable legislation. The User is responsible for confirming that all activities are lawful and the User must ensure that all applicable laws and the terms are complied with in every respect.
42. The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
43. Any notice shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to the Company, c/- Tisher Liner & Co, Lawyers, Level 2, 333 Queen Street, Melbourne, VIC 3000, Facsimile: +61 3 9670 6359, DX 181 Melbourne (in the case of the Company) or to the email address the User provides to the Company during the use of the Website or the Services (in the User’s case).
44. Any claim arising out of or in connection with the Terms, the Website or the Services may at the Company’s sole discretion be settled by binding arbitration by a barrister arbitrator appointed by the President of the Law Institute of Victoria or by mediation with a solicitor mediator appointed by the President of the Law Institute of Victoria. The User agrees to be bound by the ruling arbitrator. The costs of the dispute including all reasonable legal fees of the parties are to be borne by the originator.
45. The Terms shall be governed by the laws of the State of Victoria, Australia and all Users irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
46. The provisions of the Terms are severable, and if any provision of the Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced.
47. The Company’s failure to act with respect to a breach by any User or others does not waive its right to act with respect to subsequent or similar breaches.
48. The Terms are the entire understanding and agreement between the User and the Company and those terms and conditions which are intended to remain after the termination or expiry of these Terms including but not limited to all indemnities owed to the Company by the User, shall survive any termination or expiration of these Terms.
50. The Company collects personal information for the purposes of providing the Company Website and the Services to Users in accordance with the Terms available on the Website. Any use of the information will be in accordance with the User’s directions. Where information is required to be disclosed by law, the Company will only disclose necessary information. The Company may use the User’s information:
- to order, supply and/or deliver (and install) goods to the User;
- to process payment;
- to register and handle product warranties;
- to communicate with the User to better understand the needs of the Company’s customers through competitions, market research, customer loyalty programs or to comply with the Company’s legal obligations;
- to provide Users with information about products offered by the Company;
- to monitor or improve the quality and standard of service provided to Users or other consumers by the Company;
- to complete a transaction with a User or on the User’s behalf;
- to provide offers that may be of interest to the User;
- to better understand the User’s preferences.
51. The personal information that the Company may collect includes but is not limited to, the User’s name, e-mail address, gender, date of birth, drivers licence number, transaction information, information about products which might suit a User, preferences and criteria information (such as clothing sizes, questions about hobbies), billing and shipping addresses, telephone numbers and credit card details.
54. The Company may also collect certain information through the use of pixel tags. Pixel tags are small graphic images placed on certain pages of the Website or in certain e-mails from the Company. When the User accesses these pages or e-mails, pixel tags generate a generic notice of that visit. Pixel tags usually work in conjunction with cookies, registering when a particular computer visits a particular page. If the User turns off cookies, the pixel tag will simply detect an anonymous Website visit.
55. The Company’s server may also automatically record information that a web browser sends when a User visits the Website such as server log details which may include products such as the User’s IP address, browser details, pages viewed and other products.
56. The Company may provide Users with a unique password to verify their identity before allowing access to some features of the Website. The User is responsible for maintaining the secrecy of this password and therefore any information which can be viewed by entering this password on the Website. The User is responsible for notifying the Company of any loss or unauthorised use of the User’s password.
57. The Company may also collect the User’s credit card details when Users pay for the Company’s Services. The Company does not forward this information to any third parties except for those of the User’s bank and the Company’s Bank in order for the transactions to occur.
58. Users wishing to access their personal information held by the Company may do so by prior written request. The Company may also use personal information to keep Users informed of its Services, Website changes and other matters that the Company considers may be of interest or relevance to the User. If a User does not wish to be contacted for these purposes, please let the Company know using the contact details set out below.
59. If personal information held by the Company is inaccurate or out of date the User has the right to request it to be updated or corrected.
60. The Company may share the User’s personal information in the following circumstances. These circumstances should not be considered comprehensive and exclusive and do not affect the Company’s rights to share the User’s personal information in other ways to the extent permitted by law.
61. The Company may share the User’s personal information:
(iv) with the Company, its subsidiaries and affiliates, and their agents and employees;
(v) with the Company’s business partners and vendors. The Company may also share personal information with designers, manufacturers, distributors, licensees, sponsors, business partners, third party contractors marketing and advertising partners, and parties that provide support services for the Website. In all cases, the Company endeavours to limit the information shared with partners and vendors to that which is necessary to carry out those functions;
(vi) where the Company is required to disclose personal information in response to law enforcement activity or other governmental request, or when otherwise required or permitted by law;
(vii) to enforce the Company’s contract or property rights, enforce the Terms, or when otherwise necessary to protect itself; and/or
(viii) due to a sale or merger of one or more of The Company’s assets or any division or business line.
62. The Company is hosted in Australia, if the User does not reside in Australia, then the User by using the Website consents to the transfer of any personal information to Australia.
63. The User consents to and authorise the Company to include the User’s personal information in a database compiled by the Company for use in direct marketing by the Company. If a User does not wish to receive marketing material from The Company, a User can opt-out by contacting the Company by email on firstname.lastname@example.org. All emails, SMS and newsletters from the Website allow the User to opt-out of further mailings.
64. If a User "opts-out", the Company will not be able to remove the User’s personal information from the databases of business partners, affiliates, or third parties which the Company have already shared the User’s personal information with as at the date of the User’s request to opt-out.
65. In relation to personal information from children, the Company does not knowingly collect personal information from individuals under 18 years of age. If a User is a parent or guardian, please do not allow your children to submit personal information without the parent or guardian’s prior permission.
68. The User indemnifies and continues to indemnify the Company in relation to all claims, costs, losses and damages incurred as a result of the conduct, actions or inactions, or the User’s use of the Services or Website including claims by other Users and third parties in respect to breaching of these Terms, a third party’s intellectual property rights or other claims resulting from transactions, advertising or content on the Website or as part of the Services.
69. Users should ensure that all products and associated advertising on the Website do not infringe upon the copyright, trademark or other rights of third parties.
71. The User agrees not to copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for information provided by the User) from the Website without the prior written permission of the Company.
72. In respect of any reproduction, adaptation or copy of an artistic work, creation, file or other data (“Work”), forming part of the content that the Company receives or delivers in connection with the provision of the Services or the Website, the User warrants to the Company that:
(ix) The User has the right to change the format of the Work to make it suitable for publication on to the Website;
(x) The User has the Intellectual Property Rights, permission or proper authority necessary to allow the Company to distribute, publish the Work over the internet on the Website or by electronic message transmission anywhere in the world without infringing the rights of any third party; and
(xi) if applicable, the User has paid or will pay any royalty, license fees and/or other properly imposed fees (“Royalty”) associated with the Work to the proper regulatory body.
73. The User agrees to pay the Company:
(xii) the amount of any unpaid properly imposed Royalty;
(xiii) fines associated with non-payment by the User of any Royalty; and
(xiv) any reasonable legal fees incurred by the Company;
(xv) in connection with the User’s breach of warranties given under the Terms.
74. The User indemnifies and keeps indemnified the Company against any loss the Company suffers in respect of any failure by the User to comply with the obligations imposed by, or breach of, the warranties contained in the Terms.
75. The User agrees to indemnify and continue to indemnify and hold the Company harmless from and against any claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, including reasonable legal fees, made by any third party or User due to or arising out of any infringements of copyright, trademarks or other rights which have resulted from the actions or inactions of a User or the use of the Website and or Services.
76. The User grants to the Company, an exclusive, non-transferable licence to use the User’s content, advertising, images, video and personal information and Intellectual Property Rights (including the right to communicate to the public) necessary for the Company to supply the Services and to publish and maintain the Website.