Your relationship with us
1.1. These terms of service (the “Agreement”) set out the relationship between k26 (“K26” or “Us” or “us”) and you (“you”, “You” or “your”), each a ‘Party’ and together the ‘Parties’ with regards to the use of the Website and any activities and transactions occurring via the Website, as amended from time to time by us. If you are a child, you represent that your parent or guardian has read this Agreement and consents to its terms.
2. DEFINITIONS AND INTERPRETATION
2.1. In this Agreement, unless the context otherwise requires, the following definitions shall apply:
“Account” means an internet-based account made available by us to you that enables you to access and use the Website;
“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in Brisbane, Australia are open for business;
“Digital Content” means digital content that you obtained from k26 such as, but not limited to images, books, magazines and other content;
“GST” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Harmful Code” means code which may: (a) damage, interrupt, destroy or in some way limit or adversely affect the functionality of another's computer or mobile website, hardware or electronic equipment; (b) cause or have the potential to cause the corruption or loss of data; and/or (c) compromise or adversely affect the confidentiality, reliability, integrity, speed, or availability of any website. This includes without limitation, a virus, malware, spyware, Trojan horse, worm, corrupted files or website;
“Intellectual Property Rights” shall mean patents, trademarks, discoveries, inventions, improvements, processes, technology, data, copyright, database rights, design rights, domain names, trade secrets, confidential information, or any other proprietary or intellectual property rights, whether registered or unregistered;
“Order” means a request by you to purchase Products from K26 through the Website;
“Personal Information” has the meaning as defined in the Privacy Act 1998 (Cth);
“Products” means the products offered for sale, displayed and described on the Website;
“Third Party Service” means services provided by a party other than K26. Third party services are subject to any additional terms of the third party; and
“Website” means the website located at along with any corrections, enhancements, upgrades, or updates to it.
3. INFORMATION ABOUT US
3.1. We are the owner and operator of the Website. The Website is intended to provide general information about our Products and allow you to Order our Products.
3.2. Your access to the Website is permitted on temporary basis and we are not liable if the Website, or parts of the Website are unavailable or restricted to you for any period of time or at any time.
3.4. Every time you Order a Product from us, the Agreement in force when you made your Order is the version of the Agreement that governs the relationship between you and us. Each Order for a Product that you submit on the Website to us is a separate and binding agreement with us on the terms of this Agreement.
3.5. We may amend these terms from time to time pursuant to Clause 21.2. The current version of this Agreement was lasted updated on 31 December 2019.
4. OUR PRODUCTS
4.1. You acknowledge and agree that:
(a) the Products may vary from the images of the Products on the Website. Whilst K26 shall use reasonable endeavours to display colours of Products accurately, the images of the Products are for illustrative purposes only. No guarantee or warranty is given that your computer display, tablet or mobile device display reflects the colours of the Products in an accurate manner;
(b) prior to submitting an Order, you have read the applicable Product description on the Website;
(c) Product packaging may vary from any images that are shown on the Website; and
(d) the size and dimension of the Products may differ in real life;
4.2. If you are not a consumer and are purchasing Products for a business you acknowledge and agree that you have the authority to bind that business.
4.3. We reserve the right to withdraw our Products from the Website without notice to you.
5.1. Prices for our Products and delivery fees are stated on our Website.
5.2. Prices of Products include delivery charges.
5.3. All prices and delivery charges are quoted in Australian Dollars (AUD) by default unless otherwise stated. Currency conversion fees or FX rates used to ascertain the amount you will pay for the Products are determined by PayPal or your credit or debit card provider and we accept no liability for differences between the prices on the Website and the amounts you are charged.
5.4. For Australian customers, the prices of Products include GST (where applicable).
5.5. Separate Orders by you cannot be combined into a single Order and you will be charged separate delivery fees for each Order.
5.6. We take all reasonable steps to ensure prices are correct at the time of entry onto the Website.
5.7. Where you place an Order for a Product, we will send you a tax invoice once we have processed your Order.
5.8. We may vary the prices of Products as well as delivery charges from time to time without notice to you, however, where we do so, such variation of prices of the Products shall not affect any Order that you have already placed for our Products.
5.9. From time to time we offer sales on our Products. If you Order a Product before a sale and there is a subsequent price reduction on the Product during the sale, we are not obligated to honour the reduced price of the Product.
5.10. Where a price has been listed on the Website for a Product which is a mistake, we reserve the right to cancel any Order or part of an Order containing that mistaken price with no liability to you or any third party.
6. PAYMENT METHODS
6.1. We currently accept PayPal payments and valid credit and debit card payments from banks that we deem acceptable.
6.2. Where payment is unable to be processed, we will reject your Order and notify you accordingly.
6.3. We may hold your order if it is pending credit or debit card verification, such cards must be cleared by us before Products that are the subject of an Order will be dispatched to you.
6.4. All Product payments and applicable delivery charges are in advance.
7. THE ORDERING PROCESS
7.1. Our Website is designed to guide you through the process of Ordering our Products. Please ensure you read and check your Order at each stage of the Order process.
7.2. You are required to provide complete and accurate information in you Order. We are not liable for any loss, delay or failure to deliver an Order that you or a third party suffers that is due to incomplete or inaccurate information. We have no obligation to resend an Order where you have provided incorrect or incomplete delivery details.
7.3. Orders for Products must be for your own personal, non-commercial use of the Products. Orders may be subject to quantity limits.
7.4. We will send you an email after you place an Order confirming receipt of your Order, please note this is not proof of Order acceptance by us.
7.5. We will send you a further email after accepting your Order (the “Dispatch Confirmation”). The contract between you and us will only be formed when we send you the Dispatch Confirmation.
7.6. A pre-Order is the term used when a Product is unavailable for immediate shipment because it is in production to be shipped at a later date. The estimated date of delivery is displayed on the Product page on the Website and the Product shall be marked as a pre-order on the Website.
7.7. We reserve the right to at any time and for any reason accept or reject any Order. Where we reject your Order, we shall not be liable for any delay in processing your refund, we also shall not be liable to you or any third party for any losses or damages suffered as a result of the rejection of the Order.
8.1. Delivery dates and dispatch times may vary depending on Product availability and the delivery location and may be impacted by Force Majeure Events (as set out in Clause 21.6). Delivery times for Products listed on the Website are estimates and are not a contractual commitment. Other than where required by relevant law, we accept no liability for a failure to meet a delivery date.
8.2. We will send out tracking information to the email address provided by you once your Order has been dispatched.
8.3. Third Party Services deliver the Products and you agree to your details being provided to those Third Party Services. If there are any issues with a Product during shipping according to the tracking status, please contact the named courier to help resolve any issues.
8.4. We reserve the right to determine what Products can or cannot be delivered to a particular delivery address. We do not deliver to parcel lockers and post office boxes.
8.5. Delivery of a Product shall be completed when the Product is delivered to the address that you provided to us. Multiple delivery addresses will require separate Orders for each delivery address.
8.6. Where you nominate a person to receive an Order for you on your behalf, you warrant that person is duly authorised by you to receive the Products.
8.7. If you believe your nominated delivery address will be unattended at the time of delivery, we suggest nominating an address that you know will be attended during regular business hours of the courier shown in your tracking information.
8.8. We accept no responsibility, and will not issue a refund or replacement Products where Products are delivered to an address provided by you that is unattended and the delivered Products are stolen, damaged or destroyed as a result.
8.9. Risk in a Product passes to you once we have received payment in full for that Product including the full amount of the delivery charges for that Product.
8.10. Delivery methods and fees listed on the Website may be amended by us without notice to you.
8.11. We deliver to the countries listed on our Website, please note not all of our Products may be able to be delivered to all countries.
8.12. We are obligated by customs authorities to declare the exact value of Products on packaging.
8.13. The payment of import charges, duties and taxes with regard to your Order of Products that are to be delivered to you is your sole responsibility and K26 has no control over such charges, duties and taxes nor the ability to predict such charges, duties and taxes. K26 accepts no responsibility or liability for any failure to pay such charges, duties and taxes by you or failure by customs agents to release Products to you. We recommend you contact your local customs agency for further information prior to placing an Order for our Products.
8.14. It is your responsibility to comply with all applicable laws and regulations that apply to the country to which your Order of our Products are to be shipped. K26 accepts no responsibility or liability for any failure to comply with such applicable laws and regulations by yourself.
9.1. You can return damaged or incorrectly delivered Products to us within ten days after delivery of the Products to you. If you wish to return a Product for either a refund or exchange, please contact us and we will email you our returns form.
9.2. All returns shipping charges shall be paid by you unless a Product is incorrect or damaged prior to receipt by you.
9.3. If a Product has been received damaged, please send us high resolution images of your damaged Product along with your proof of purchase the same day you receive the Product. If images of the Product are sent to us at a later date, we may not be able to refund you for that Product.
9.4. We will not accept returns of Products that have been damaged by you.
9.5. When returning Products we suggest you use a tracked service to ensure safe delivery. Your Order will be exchanged or refunded once our agents have received the return and you will then be emailed with an update.
9.6. Refund shall be processed in accordance with the credit card scheme rules that apply to your card type.
10. STOCK AVAILABILITY
10.1. We may remove or suspend any Product from sale on the Website at any time without notice to you. We will not be liable to you or third parties for any losses as a result of such removal or suspension of a Product.
10.2. All Orders of a Product are subject to availability of the Product. We reserve the right to cancel any Order for reasons such as, but not limited to:
(a) the Product is not in stock;
(b) the Product is no longer available;
(c) we cannot meet your requested date of delivery; or
(d) an error on our website.
10.3. Where we cancel an Order subject to Clause 10.2 we will inform you by email of the cancellation and refund to you the full amount you paid for that Product (or where only part of your Order is unavailable the partial amount) including any applicable shipping and delivery costs charged to you. We are not liable for any loss you or third parties suffer as a result of any delay processing your refund.
11. DISCOUNT CODES
From time to time, and subject to the conditions that apply to them specified at the time of issue, we may offer promotional discount codes that may apply with respect to Orders placed by you for specific Products on the Website.
12. LICENSE TO USE WEBSITE AND DIGITAL CONTENT
12.1. In consideration of your promises contained herein, K26 grants to you, and you accept, subject to the terms of this Agreement, a non-exclusive and non-transferable, revokable, non-assignable limited license to use the Website and Digital Content (“License”) for your own personal, non-commercial purposes only.
12.2. You shall not sell, lease, rent, broadcast, distribute, sublicense or otherwise assign any rights in the Digital Content or any portion of it to any third party. You furthermore shall not remove any proprietary labels and notices in the Digital Content.
12.3. You shall not attempt to modify, bypass, defeat or otherwise circumvent any DRM (digital rights management) in the Digital Content.
12.4. You shall not permit any third party to use the Website on behalf or for the benefit of any third party in any manner whatsoever without the prior written consent of K26.
12.5. The Website is not to be copied by you. The license granted under this Clause 12 does not entitle you to access, copy, modify or use the source code of the Website. The you agree that it shall not cause or permit the reverse-engineering, disassembly, translation or decompilation of the Website or analyse or otherwise examine the Website for the purpose of reverse-engineering except to the extent permitted under applicable law.
12.6. No license is granted to you for any other purpose other than as provided for under this Clause 12, and any other use by you not consistent with the provisions of this Agreement shall constitute a material breach of this Agreement.
13. WEBSITE ACCOUNT
13.1. We shall generate an Account for you and provide login details that shall enable you to access the Website. The Website may only be used by you. All rights and the property interest in the Account will remain at all times the property of K26.
13.2. You are responsible for the acts and omissions of you, as well as for any unauthorised use of your Account, including purchases. You shall take all reasonable steps to ensure that that third parties do not gain unauthorised access to your Account. K26 is in no way responsible for use by any unauthorised user of the Account.
13.3. You shall not interfere with the Website that is provided to other users of the Website by K26. The acquisition or use of passwords of other customers of K26 is strictly prohibited. Use of tools that compromise security, such as, but not limited to password cracking programs, is strictly prohibited.
13.4. When using the Website, including Ordering our Products on the Website, you agree that you will not:
(a) violate any state, federal or foreign laws or regulations;
(b) facilitate fraudulent or illegal activity of any kind; and
(c) data scrape, data mine, data harvest or conduct any other systematic data collection activity.
13.5. You acknowledge that the Website may evolve at any time. K26 may require that you accept changes or updates to the Website, and you agree that K26 may change or update the Website without notifying you.
13.6. You acknowledge that K26 may modify or even withdraw the Website at any time at its sole discretion for any reason. You also acknowledge that there may be times when the Website or Account are not available for technical or other reasons, including maintenance.
13.7. You agree that K26 is not under any obligation to add any enhancements to the Website or fix any errors in the Website. Nor is K26 responsible for providing any training or advice in relation to the Website.
15.1. The Website is provided “as is” without warranty or representation of any kind either express or implied without including without limitation any warranties of quality, fitness for a particular purpose and non-infringement, nor any warranties or representations that the Website or the data, information or Products included on the Website is complete or accurate. Whilst we shall use reasonable endeavours to try and prevent them, the Website may contain errors, inaccuracies or faults and may not be current or complete.
15.2. To the maximum amount permitted by law, K26 shall not be liable for any direct or indirect losses or claims as a result of K26 failing to provide the Website, or for any downtime, suspension or cancellation of the Website.
15.3. You shall indemnify K26 and hold K26 harmless from any loss, claim or damage to any person or property arising out of your use of the Website, provided that such loss, claim or damage was not caused by the sole gross negligence or wilful misconduct of K26 or its employees or representatives.
15.4. We exclude all implied warranties and terms, whether statutory or otherwise, relating to the subject matter of this Agreement, subject to Australian consumer protection law.
16. INTELLECTUAL PROPERTY RIGHTS
16.1. You recognise and acknowledge that the Website is comprised of the Intellectual Property Rights of K26, and that K26 retains ownership of all Intellectual Property Rights and title and interest to the Website. All corrections, modifications and/or enhancements made by K26 will remain the property of K26.
16.2. You shall ensure that when using the Website that you do not do anything which could in any way harm the Intellectual Property Rights of K26 or any third party.
17. TERMINATION AND SUSPENSION OF ACCOUNTS
17.1. Without in any way limiting any other remedies, K26 is entitled to suspend, limit, modify, terminate or delete Accounts where you are, or K26 suspects you are, not complying with this Agreement. K26 is not required to give you notice of such action.
17.2. K26 reserves the right to terminate or suspend any Account if it has been inactive for one hundred and eighty (180) days.
17.3. Should K26 terminate or suspend your Account, then other for termination or suspension in accordance with Clause 17.2, you agree to not create a new or replacement Account.
17.4. You acknowledge that should the Account be suspended or terminated that you will lose all information, associated with the Account, and that K26 is no way liable for such loss of information,
18. THIRD PARTIES
You acknowledge that Third Party Services may be used when you Order our Products from the Website. Use of these Third Party Services is subject to the service terms of the relevant third parties. You agree that K26 is in no way liable or responsible for the actions or activity of any such third parties. The Website may provide links to third party websites, K26, accepts no liability or responsibility for the availability or content of those third party websites.
19. HARMFUL CODE
You should take all necessary steps to ensure that your use of the Website does not put you at risk of Harmful Code. You agree that K26 is no way responsible for any loss, damage or corruption which may happen to your data or devices as a result of using the Website.
20. LIMITATIONS OF LIABILITY AND INDEMNITY
20.1. Subject to Clause 20.3, and except as otherwise outlined in this Agreement, K26 shall not be liable to you under this Agreement, whether in contract or in tort (including negligence or breach of statutory duty) or otherwise, for:
(a) any loss of profit, loss of revenue, loss of contracts, loss of anticipated savings, loss of goodwill, loss of opportunity, loss of data, loss of reputation or loss of business, whether caused directly or indirectly; and
(b) any special, indirect, punitive or consequential loss, cost, damages or expenses whatsoever, even (in each case) if any such loss or damage was reasonably foreseeable or you had been advised of the possibility of such loss, cost damage or expense.
The Parties agree that each of the heads of loss in sub-Clauses (a) and (b) above (inclusive) are separate terms and are intended to be severable.
20.2. Subject to Clause 20.2 and Clause 20.3, the aggregate and entire liability of K26 for losses or damage howsoever arising out of or in connection with this Agreement (including without limitation negligence or breach of statutory duty) from events, and/or a chain of events shall be limited to the amount of your Orders with us.
20.3. Notwithstanding anything contained in his Agreement, we do not exclude or limit our liability to you under Australian consumer law and nothing in this Agreement purports to modify or exclude any warranties, conditions, undertakings, guarantees or other rights under such law that cannot be modified or excluded.
20.4. You agree to indemnify K26 (including K26’s directors, officers, employees, contractors and agents) in respect of any loss or damage K26 (including K26’s directors, officers, employees, contractors and agents) suffer as a result of your breach of this Agreement.
21.1. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
21.2. Variation: We reserve the right to at any time make amendments to this Agreement, which shall take effect from the date of posting to the Website. If you continue to use the Website this shall constitute your agreeing to the changes to the terms of the Agreement. If you do not agree with the amended version of the Agreement you should stop using the Website immediately.
21.3. Notices: We may give you notice under this Agreement through posts on the Website or by email or by any other means that we think is suitable and sufficient and you consent to such notice.
21.4. Severability: If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
21.5. Assignment: We may assign or transfer all or part of this Agreement or our rights or obligations to another party at our sole discretion, without requiring your consent. You are not permitted to assign or transfer the Agreement or your rights and obligations under this Agreement.
21.6. Force Majeure: We shall not be responsible for any delay or failure to perform when its failure results from an event beyond the reasonable control of K26, including, but not limited to an act of God, the internet being down, flood, fire, strikes, trade disputes or an act of terrorism or war.
21.7. Waiver: No failure or delay by us to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
21.8. Interpretation: Words denoting the singular include the plural and vice versa and words importing the masculine includes the feminine and the neuter. Headings are included for ease of reference only and shall not affect the meaning of the provisions to which they relate.
21.9. Governing Law: This Agreement and performance under the same shall be governed by the laws of the State of Queensland and the parties hereby submit to the jurisdiction of the courts of Queensland.