terms-and-conditions

1. About this website

This website www.kenzdesigns.com.au (the “website”) is owned and operated by Kenz Group PTY LTD (ABN 20 613 220 885)

2. About these terms of use

These website terms of use (“terms of use”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.

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.
We do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

4. Modifications to the Terms

Kenz Designs may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.
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.

8. Kenz Designs Privacy Policy

The Kenz Designs privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by Kenz Designs for the purposes of being made available to customers and the general public declaring the company’s commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at http://kenzdesigns.com.au/privacy-policy/.

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 [email protected] 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 DesignsKenz 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

12. Jurisdiction

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.

16.Assembly

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.

17.Delivery

a.Your order will be delivered to the address you indicated when your order was placed. The products bought on Kenz Designs will be delivered to one address. We do not deliver to PO Box addresses.
  • Items will normally ship within 2-3 business days of receipt of your order.,
b.you can expect your order to arrive within
  • 5-10 working days for delivery to a capital city in any State,
  • 7-14 working days for delivery to most large regional towns,
  • 7-21 working days for delivery to other remote locations
c.Please note that your shopping cart may contain items with varying lead times, If the item is Artwork or hand-made to order, you can expect a longer delivery time of up to 4 weeks please check the delivery note on the product page for details.
d.We require you or someone acting on your behalf to be present at the delivery address specified in the Order during regular business hours Monday to Friday, 9am to 5pm.
e.During peak periods Easter, Christmas or public holidays the delivery may take up to 14 working days.
f.Large items require extra handling and may take longer to transport.
g.Items may be delivered to you individually and/or separately by different couriers and transport agencies.
For large items, the courier may attempt to contact you to arrange a delivery time using the contact details provided by you.
h.For certain products, items may be delivered directly to you by Kenz Designs supplier.

i. Bulky items and remote areas may require an additional shipping fee.  This will be sent your email address after we receive your order. If you would like a quote prior to checkout you can email us on [email protected]

Tracking your order:

You will recieve a confirmation email once your order is dispatched from our warehouse. To track the progress of your delivery

Kenz Designs does everything in its power to respect the delivery times indicated on the website. As Some of our product range is directly shipped from our suppliers We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.

 

18.Right of Return

    18.1 Should you receive incorrect, damaged or faulty goods, please contact Kenz Designs within 3 days of receipt and we will arrange, as appropriate and depending on availability, a goods exchange, credit or refund. We may require return to us of the goods with proof of purchase before actioning an exchange, credit or refund request. We will be pleased to consider exchange, credit or refund for other reasons, but the decision whether to grant this will be at our discretion. Any refund will be made using your original payment method or another method at our discretion.

    18.2 To claim a refund, exchange, credit or for further information please send an email to support@kenzdesigns.com.au.

    18.3 Consumer guarantees do not apply if you:

    • got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it
    • misused a product in any way that caused the problem
    • knew of or were made aware of the faults before you bought the product
    • asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted

    • 19. Warranty and limitation of liability

      Kenz Designs warrants all imported products with a one year protection in which we deem products to be produced free of manufactured defects. However, improper use or damage caused by the user is not covered by this warranty

      Limitation of Liability

      Kenz Designs offers a warranty against defects of manufacture and materials on standard goods. The warranty is 1 years as from the date of delivery provided that the goods are used under normal circumstances and maintained according to our guidelines.

      Excluded from this warranty are all defects due to or caused by transport, incorrect use, inadequate maintenance, accidents, humidity, water damage, alteration or repair as well as normal wear and tear of the goods. Variations in wood grain, texture, colour, knots and other naturally occurring characteristics are inherent to solid wood and cannot be considered to be defects.
      All remarks or complaints should be made in writing and should include pictures of the goods. With respect to goods that are defective, we may choose to offer a discount or, repair or replace such goods. It is a condition for such remedies that the buyer has notified Kenz Designs about the defect within reasonable time after the buyer discovered or ought to have discovered it and provided that such notice is given within the warranty period. The above remedies constitute the buyer’s only remedies in respect of any defective goods.
      Kenz Designs is not liable to the buyer for any consequential or indirect loss such as but not limited to financial or commercial damage, loss of customers, loss of contracts, loss of profit, reputation damage, delay or failure of project planning etc., a third party intervention in relation to the infringing goods, where the goods are installed or stored in an unsuitable place, in case of overuse, especially use for other than private purposes, where the goods supplied are not assembled or installed according to the rules of art or not in accordance with the instructions provided or the general arrangements for use for this type of material, transport damage.

      If you believe that defect(s) or deterioration of a product is covered by our warranty, please contact via email at; [email protected]

      To process all claims we will require the following information to be sent to us;

      Copy of your original Invoice and/or the Invoice number

      Your Details (address, email, and contact number)

      Images of the defect(s), or deterioration

      An Image of the quality check label of the item

      If we accept your warranty claim. We will ask the item(s) to be available for collection from the location we delivered to. Alternatively, item(s) can be sent back to our warehouse directly. In our discretion we will then, repair or replace the product, free of charge. In all other cases, we will contact you with options for repair, replacement, or return.

    20.Intellectual ownership

    All the content on Kenz designs website (illustrations, texts, names, brand names, images and videos) is the property of Kenz designs Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by Kenz Designs. All information, content and files is protected by International law concerning intellectual ownership and copyright.Kenz Designs cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
    Kenz designs will not, under any circumstances, be held responsible if a user violates rights held by a third party through his/her activities on the site.

    21.Produact Information and Images

    Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors, colours of products may also appear different to those shown on the site. The images on Kenz designs are copyright protected,

    Information on this Website

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