Terms & Conditions

TERMS AND CONDITIONS– KOBU

Please take a moment to review our below Terms and Conditions:

1.            Definitions and Interpretation

1.1         In these Terms and Conditions unless the context requires:

Business Day means a day on which banking institutions generally are open in Perth, Western Australia but excluding Saturdays, Sundays and public holidays in Perth, Western Australia.

Intellectual Property means

(a)          all intellectual property and other proprietary rights (including without limitation all copyright and trade mark rights) however arising and wherever existing, whether registered or unregistered, to the Site; and

(b)          any rights to registration of such rights created in both Australia and elsewhere.

Products means any item available for sale on the Site.

Purchase means the purchase of Products.

Service/smeans any services provided by Kobu, including but not limited to marketing services.

Sitemeans the Kobu website being www.kobucollective.com

1.2         References to “we”, “us” or “our” are references to Kobu and its subsidiaries, associates, and officers unless otherwise stated.

2.            General

2.1         Kobu Pty Ltd ACN 639 753 530 (Kobu) owns and operates the Site.

2.2         The Site is a shopping website where you can browse, select and Purchase on the Site from Kobu.

2.3         Your access to the Site is conditional upon your acceptance and compliance with these Terms and Conditions. Your use of, and access to the Site constitutes your agreement to these Terms and Conditions.

2.4         If whole or part of any clause in these Terms and Conditions is illegal, unenforceable or void, the remainder of the Terms and Conditions has full force and effect and enforceability.

3.            Product

3.1         Images

Please note that while we try to ensure the images of the Product are as accurate as possible, the colours may vary slightly from what they are.

3.2         Product Information and descriptions

Any information, advice, recommendation, specification, description, drawing, illustration or dimension provided by Kobu in relation to the Product is given in good faith and is believed by Kobu to be reliable and Product ropriate.

4.            Prices and other charges

4.1         All references on the Site to $ and dollars are to Australian currency.

4.2         All pricing includes Goods and Services Tax unless otherwise indicated.

4.3         A processing fee may also Product ly for the Purchase. These fees are in addition to quoted prices on the Site.

5.            Purchasing Products

5.1         To purchase Product, you will need to select and submit your Purchase through the Site in accordance with these Terms and Conditions.

5.2         Prior to purchasing, you will need to complete the customer registration process through the Site.

5.3         When you purchase through the Site, it will  be for the selected Product for the indicated price (including taxes and other changes) at the time the purchase is placed.

5.4         To enable us to complete the Purchase, we may require additional details from you or require you to confirm your details.

6.            Acceptance or rejection of an Purchase

6.1         Kobu reserves the right to accept or reject your Purchase for any reason including:

(a)          if the Product is not available for sale; or

(b)          if there is an error in the price or the Product posted on the Site; or

(c)          any other reason.

6.2         Each Purchase is considered a separate binding agreement between you and Kobu. For each Purchase we accept, we will supply the Product in accordance with these Terms and Conditions.

6.3         If your Purchase is rejected, then we will endeavour to notify you of that rejection at the time you place the Purchase or within a reasonable time after the Purchase is submitted.

7.            Cancelling a Purchase (by us)

We may cancel an Purchase of the Product without any liability to you for that cancellation if:

(a)          the requested Product is not available; or

(b)          there is an error in the price or the Product description posted on the Site; or

(c)          that Purchase has been placed in breach of these Terms and Conditions.

8.            Cancelling a Purchase (by you)

8.1         You may cancel your Purchase of the Product at any time and at your own discretion before payment is made.

8.2         Unless otherwise specified, all risk in the Product will pass to you on purchase. From the time the risk passes to you, Kobu will not be liable for any destruction or loss of the Product.

9.            Your obligations

9.1         You warrant that:

(a)          all information provided by you to us is complete, accurate and up to date;

(b)          the person receiving the Product at the specified delivery address is authorised by you to do so;

(c)          you will comply with all relevant laws in relation to your use of the Site including placement of a Purchase with us;

(d)          you will ensure that you login details (including password) are kept in a safe and secure manner;

(e)          you will notify us if you are or become aware that there has been unauthorised use of your account;

(f)           you will advise us of any changes to your information provided to us in the registration process.

9.2         You agree that you will not:

(a)          use the Site for any activities that will infringe any third party’s rights, or breach any laws, regulations or other industry standards;

(b)          use the Site in a way that interferes with other users or customers use of the Site;

(c)          make fraudulent purchases, requests or enquiries through the Site;

(d)          impersonate another person or use their details without their permission when using the Site;

(e)          transmit, or post any obscene, defamatory, indecent, or pornographic material on the Site;

(f)           hinder the operation of the Site;

(g)          knowingly transmit viruses, worms, defects, trojan horses, or similar disabling or malicious code to the Site;

(h)          use any spider, robot, site search and retrieval Product location or other mechanism to retriever or index any portion of the site;

(i)            modify any part of the Site; or

(j)            attempt any of the above acts or engage another person to do any of the above acts.

10.         External links

10.1      The Site may contain links to third party websites not operated by Kobu or related to Kobu.

10.2      You acknowledge and agree that:

(a)          these links do not indicate (expressly or impliedly), that we endorse the external site or its products or services; and

(b)          you access those sites solely at your own risk.

10.3      Kobu has no control over these sites and will not accept any responsibility or liability for any loss or damage suffered by you arising from or cause by any linked site.

11.         Viruses, faults and defects

11.1      You acknowledge and agree that–

(a)          Kobu does not claim that any information or files contained on the Site are free from viruses or other defects and faults;

(b)          Kobu has no responsibility or liability to you or any other person for any loss or damage (direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the result of any such information; and

(c)          you are responsible for scanning any information and files contained on the Site for viruses.

11.2      If Kobu is found to be liable, this will be limited to the cost of supplying the information again.

12.         Advertising Content

12.1      We may display advertising, sponsored or commercial content (collectively Advertising Content) on the Site, and you herby agree that Kobu may place such Advertising Content on the Site. The mode, manner and extent of the Advertising Content may change from time to time without specific notice provided to you.

12.2      Some Advertising Content displayed on the Site may be based on information collected from tracking technologies. These technologies are used to find tune the Advertising Content to the Product and services that better suit your needs.

13.         Intellectual Property

13.1      You acknowledge and agree that:

(a)          the copyright in the Site including but not limited to the software design, text, graphics, layout and material (the Material) on the Site are owned or licenced by us; and

(b)          you must not change, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public the Material without prior written consent.

13.2      You acknowledge and agree that:

(a)          you must not assert any right to or over the Intellectual Property in any manner;

(b)          take any Intellectual Property as your own;

(c)          take any action which would or might invalidate, challenge, oppose or otherwise put into dispute the title or any other legal right to the Intellectual Property;

(d)          you must not use any of the Intellectual Property without writing, requesting and being provided written consent by us;

(e)          you must not use any of the other Intellectual Property for third parties listed on our Site without obtaining the relevant third-party owner’s written consent; or

(f)           cause, permit or assist any other person directly or indirectly to do any of the above acts.

14.         Disclaimer

There may be instances where content the Site contains errors (including typographical), inaccuracies, or omissions that may relate to the Product descriptions, pricing and availability. To the full extent permitted by law, Kobu reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.

15.         Complaints

15.1      If you have a complaint, please contact us at hello@kobucollective.com

15.2      We will use our best endeavours to respond to your complaint within fourteen (14) Business Days.

16.         Changes to Terms and Conditions

Kobu reserves the right to, at any time:

(a)          amend, update, change or remove any part of the Site;

(b)          suspend or restrict your access to the Site if you are in material breach of these terms; and

(c)          stop or suspend operation of the Site.

17.         Privacy

Kobu is bound by the Privacy Act 1988 (Cth). See our Privacy Policyfor more information on how and why personal information is collected, held and disclosed.

[Insert link to Privacy Policy]

18.         Warranty and Liability

18.1      Kobu does not warrant that its Product and Services will be suitable for any particular purpose.

18.2      In consideration for being given access to the Site, you release and forever discharge Kobu, its employees, servants and agents from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether indirect, direct, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of the Kobu, Site, Services, Product  or any of the links provided on the Site or reliance by you or any person upon information contained or downloaded from this Site.

18.3      All implied warranties are excluded to the full extent permitted by law.

18.4      Kobu’s liability and that of its employees, servants or agents for any breach of any warranty or condition implied by law or other, and which cannot be excluded is limited to the extent possible, at Kobu’s option to:

(a)          the supply of the relevant Product and Services again;

(b)          restoration of any Product; or

(c)          payment of the cost of having the Product or Services supplied again.

19.         Severability

If any provision of these Terms and Conditions is deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the enforceability of any other provision of these Terms and Conditions.

20.         Governing Law

These Terms and Conditions will be governed, read and construed in all respects with the laws of the State of Western Australia, Australia.

21.         Entire Agreement

21.1      These Terms and Conditions constitute the entire agreement of the parties and supersedes all prior understandings, negotiation, agreements, written or oral, express or implied.

21.2      No waiver or breach of any term of these Terms and Conditions shall constitute a precedent or a waiver of any succeeding or other breach of the same.