Use of the website is subject to your agreement to abide by the terms and conditions set out below. If you do not agree with any of these terms and conditions, please do not use this site.
Our Terms and Conditions:
About These Terms and Conditions
These terms and conditions are made on behalf of KIMAA. All references to KIMAA, the website kimaa.com.au and kimaa.bounce.com.au, “we,” “us” or “our” in these terms and conditions refer to the legal entity, KIMAA (ABN 6500 317 6029).
In these terms and conditions, “you” or “your” means you the user and/or customer, and “item(s)” refer to products.
By using, accessing or registering on KIMAA, you agree to be bound by, and hereby become a party to, these terms and conditions. If you do not agree with any of these terms and conditions, you are not authorised to access or use this website.
We reserve the right to amend and/or change all or any part of the terms and conditions at any time. If our terms and conditions change in the future, we will post an updated version on our website.
By placing an online purchase order with KIMAA, you represent and warrant that you are 18 years of age or older.
Should KIMAA suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to commence legal action for such losses from the parents or guardians of the minor who caused any purchase order(s) to be placed with KIMAA.
Trading Terms and Conditions
Items listed on KIMAA are described to the best of our ability, and the specifications reflect the information that has been provided to us by third parties. While care is taken to ensure the correctness of item information, we cannot eliminate the possibility of human error. Further, whilst images of items are displayed as accurately as possible on KIMAA, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Placing Your Order
Provided you are 18 years or older, you may place an order by completing the online order process. By placing an order, you make an offer to KIMAA to purchase the item(s) based on these terms and conditions.
For the purposes of preventing credit card or payment fraud, 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.
We reserve the right, at our sole discretion, to cancel orders. If we cannot process or accept your order after payment has been received, we will contact you by email or telephone.
Pricing and Payment
All prices include GST and are quoted in Australian dollars. We currently accept cash, cheques (to be made payable to KIMAA), and PayPal.
We do not store your payment details on our servers. For this reason, each time you place an order, you will be required to provide payment details.
We process PayPal payments at the time of order. On confirming your order, you waive all rights to cancel the order.
On processing your order, you authorise the full amount of payment, including shipping. If a payment is declined for any reason, we cannot hold items against your order.
Packaging and Shipping Charges
All prices of items featured on KIMAA, unless otherwise stated, are exclusive of shipping charges.
Delivery and Term of Delivery
Your item will be delivered within 1 to 10 working days of order placement, unless otherwise notified.
We will use our reasonable efforts to deliver your item(s) to you within the estimated delivery time. We do not guarantee that we will deliver within this time frame. We shall at no time be liable for damages due to the exceeding of the estimated time of delivery.
We use Australia Post and/or quality couriers to deliver your items. Whilst we only use quality carriers, the reality is that shipping errors may occur. In the event that your item goes missing during shipping, in collaboration with the carrier, we will attempt to locate it. If we are unable to locate it, provided you verified and supplied accurate delivery information when placing your order, upon completion of investigation with the carrier, at our sole discretion, we will replace the item, or if this is not possible, refund your purchase price.
Unless otherwise agreed by us in writing, delivery will be to the address indicated on your order confirmation. Each order can only be shipped to one address.
Deliveries made by Australia Post can be made to either a street or post office box, while deliveries made via courier can only be made to a street address.
Where delivery is by Australia Post parcel service, if no-one is available to take delivery of your item(s), Australia Post will leave an attempted delivery note instructing you to collect your item(s) at your local post office. In the case of delivery via courier service, if no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery. An additional courier delivery charge may be applicable if the item is not accepted by you during your agreed prescribed delivery time.
Title and risk of loss to all items will pass to you on delivery.
No refunds, credit or replacements are offered if you change your mind about an item, (i.e. buyer’s remorse).
It is your responsibility to examine an item upon receipt to ensure that it complies with the agreement, and is not defective or damaged. If you believe that an item is defective or damaged, you should communicate this to us as quickly as possible.
We will not accept damaged or defective returns unless we receive email notification requesting that an item be returned within fourteen (14) calendar days of the shipping date. In your email, you should include your KIMAA order number, the name of the defective item you want to return, and a detailed explanation of the problem.
Under no circumstances can items be returned unless authorised in advance by us.
Any item to be returned must be packaged in the original, undamaged packaging and must include all parts, accessories, manuals and documentation that shipped with the item. Return shipping will be at your own expense and we accept no responsibility for loss of the item during return shipping.
A replacement item, or, if this is not possible, a refund of your purchase price, will only be issued post receipt of and subject to examination of the original item. If in our reasonable opinion, the item is found not to be defective or damaged, or alternatively, the defect or damage is deemed to have occurred as a consequence of careless or improper handling, non-adherence to operating instructions, improper installation or by other abuse or misuse caused by you or a related third party, KIMAA will not replace the item or issue a refund. The original item will be returned to you at your expense, and we will impose a handling and administration fee. When an item is replaced, your replaced item becomes your property and the returned item becomes our property. When a refund is given, the returned item becomes our property. Refunds will be issued in accordance with the original method of payment.
Refunds and returns or replacements do not include postage and/or handling charges and all such charges are at your expense, (ie. shipping costs are non-refundable).
If the stated return timeframes are not adhered to by you, your right to return a defective or damaged item will lapse due to expiry of the said timeframe.
Some items sold through KIMAA are serviced and supported exclusively by their manufacturer in accordance with the manufacturer’s warranty terms and conditions.
For items sold with a manufacturer’s warranty, you need to deal directly with the manufacturer in respect of all warranty issues.
You are advised to retain your purchase receipt, as in accordance with their warranty terms and conditions, most manufacturers will require proof of purchase.
Disclaimer of Warranties
By accessing and using the KIMAA website you acknowledge and agree that use of the website and the content is entirely at your own risk.
To the fullest extent permitted by the law, we make no representations or warranties regarding the website and the content, including, without limitation, no representation or warranty that: (1) the website and/or content will be accurate, complete, reliable, suitable or timely; (2) the operation of the website will be uninterrupted or error free; (3) the website will be free from viruses or harmful components; (4) defects or errors in the website will be corrected, and (5) communications to or from the website will be secure or not intercepted.
We will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner.
Information on KIMAA may include facts, views and opinions of third parties deemed of interest. We make no representations or warranties regarding the quality, suitability, truth, accuracy, completeness or timeliness of, or otherwise endorse these views or opinions, or advocate the purchase of any item(s) on the basis of such information.
Limitation of Liability
You expressly understand and agree that under no circumstances shall KIMAA, or any of its principals be liable for any damages of any kind, including but not limited to, direct, indirect, incidental, special, consequential, punitive or exemplary damages, arising from or connected with our website, including but not limited to: (1) use of the website; (2) failure of the website to operate; (3) errors on the website; (4) viruses on the website or products; (5) third party links; or (6) any purchase or service.
You expressly understand and agree that KIMAA is not responsible or liable to you or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct of any other party or any infringement of another’s rights, including real or intellectual property.
To the fullest extent permitted by law, our maximum aggregate liability for any item 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 item(s) in question.
KIMAA shall not be liable for any delay in performing any of its obligations under these terms and conditions, if such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of its obligations in such circumstances.
By choosing to use the KIMAA website, you agree to indemnify KIMAA, its principals, officers, managers, employees, representatives, agents, affiliates and partners from any and all claims or damage made by third parties due to, or arising out of; (1) content you choose to submit, post or transmit through the website; (2) unauthorised use of any intellectual property or any other information appearing on this website; (3) your use of or connection to KIMAA; (4) your violation of the user terms and conditions; or (5) your violation of any rights of another.
If you have to indemnify KIMAA under this section, we will have the right to control the defence, settlement, and resolution of any claim at your sole expense. You may not settle or otherwise resolve any claim without our express written permission.
You must comply with all applicable domestic, (including common law), and international laws, statutes, ordinances and regulations regarding your use of the website.
We reserve the right, where we believe a law has been broken, to provide any information to a legal authority. We will provide information to a legal authority if requested by that authority to do so.
All users and members of this website, irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.
KIMAA, in its sole discretion, may automatically assign to a third party, any rights and obligations under these terms and conditions, whether in whole or in part.
You shall not assign any rights and obligations under these terms and conditions, whether in whole or in part, without the prior written consent of KIMAA. Any unauthorised assignment shall be deemed null and void.
The failure of KIMAA to exercise, or the partial exercise of any right, power or privilege under these terms and conditions, does not waive our right to later fully enforce such term or condition.
If any provision of these terms and conditions is held to be invalid or unenforceable in whole or in part, by a court of competent jurisdiction, all remaining provisions are to be construed as enforceable to the maximum extent permitted by law.
You and KIMAA are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these terms and conditions.
Any waiver of any of these terms and conditions will be effective only if in writing and signed on behalf of KIMAA.