This website www.kenzdesigns.com.au (the “website”) is owned and operated by Kenz Group PTY LTD (ABN 20 613 220 885)
3. Your access/use implies agreement
Access to the Website
We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Kenz designs by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using Kenz Designs in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.
4. Modifications to the Terms
Kenz Designs is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes
5. Modifications to the information
Kenz Designs does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Kenz Designs
6. Errors and problems
Kenz Designs does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
7. License and Ownership
The copyright for the content on this website is owned or licensed by Kenz Designs and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Short Business Name.
All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Kenz Designs
These trade marks and other Kenz Designs products and services referred to in this website are trade marks of Kenz Designs.
Other product and company names mentioned in this website may be the trade marks of other people or entities.
Nothing contained in the website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the website without the express written permission of Kenz Designs or third party owner.
9. Feedback, suggestions, comments or requests
Kenz Designs does not encourage you to make feedback, suggestions, comments or requests (“comments”) but these comments may be made to firstname.lastname@example.org and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and Kenz Designs is under no obligation to keep such information confidential, and Kenz Designs will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
10. Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Kenz Designs. Kenz Designs makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Kenz Designs may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from Kenz Designs website.
11. Inbound links
Kenz Designs generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Kenz Designs.However, linking to any other page of the website is strictly prohibited, without express written permission from Kenz Designs
The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of state of NSW and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the state of NSW, Australia.
13. Disclaimer of Warranties
Kenz Designs makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
14. Limitation of Liability
Kenz designs does not accept any liability for any damage or injury caused by the use or misuse of products purchased from us, other those imposed by statue of the Trade Practices Act 1974. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied The 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.
15.General Conditions of Sale
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Kenz Designs] with respect to the subject matter hereof.
a. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the Kenz Designs that you are able to make a legally binding contract.
c. The prices indicated on Kenz Designs are shown in Australian Dollars and do not include delivery and GST. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
e. Kenz Designs reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Kenz Designs only comes into existence when Kenz Designs forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
f. This contract shall be governed by and construed in accordance with the law in effect in the State of [NSW] and by entering into contract both parties are accepting the jurisdiction of the courts of the State of [NSW] in relation to any dispute between them.
g. You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to Kenz Designs if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by Kenz Designs within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
h. We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.
i. Kenz Designs shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Kenz Designs shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
j. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Kenz Designs in respect of any such use. Kenz Designs is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by Kenz Designs for the consequences of the use of damaged goods by you.
k. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Kenz Designs implied by the Goods Act, 1958.
Products are delivered assembled unless otherwise stated on the product details page for an individual product. For products that are flat packed, assembly instructions and materials will be provided with your order.