Terms and Conditions

 

User Agreement

These terms and conditions apply to all purchases made from KSport.


1.Orders & Delivery:

All orders placed through this web site are subject to confirmation and acceptance by KSport. We may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If we request payment for increased prices, you may cancel the order by giving notice, which must be received within seven days of the announcement of the increase. KSport (or its agent) will deliver the goods you order to the address you specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available you will be notified of this by KSport as soon as possible. Anyone at the delivery address who receives the goods will be presumed by KSport to be authorised to receive the goods.


2. Returns & Refunds

Returns and refunds will only be considered on faulty items and must be applied for within 14 days from purchase. All items packed will be in excellent visible condition. An item that is damaged during delivery will not be considered for a refund. All refund applications will be carefully considered and given at the discretion of Company Management. Item returned must be in original condition.


3. Prices & Payment:

For each online order, you must pay:

  1. the applicable price for the relevant goods confirmed by KSport; and
  2. 2. the delivery and handling fee specified on the web site at that time.

Your order and credit card details are safe and secure. All personal and credit card information provided to KSport is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. Payment must be cleared before the goods are dispatched unless you have approved credit facilities with KSport.


4. Products

All our products are sent to you in good condition and packaged correctly, we cannot guarantee the condition of the product on arrival.


5. Your Account

You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify KSport in connection with any use (whether authorised or unauthorised) of your user name or password. KSport may suspend or cancel your account at any time without prior notice.


6. Images and Graphics

KSport aims to include up-to-date images and/or graphics of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before using the goods.

 

7. Privacy

KSport will not reveal your personal information to external organizations except for the purposes of fulfilling your order.


8. Liability

Any liability of KSport in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of KSport be limited to:

  1. 1. in relation to goods, the replacement of the goods or the supply of equivalent goods; and
  2. 2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

9. Changes To Terms

Each order is governed by the terms and conditions current when the order is placed. KSport may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.


10. Applicable Law

All purchases, and these terms and conditions, are subject to the laws of New South Wales, Australia. Exclusion and limitation of liability TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

  1. 1. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
  2. 2. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Important note: In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:

(a) in relation to goods

  • the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
  • the repair of the goods or payment of the cost of having the goods repaired

(b) in relation to services

  • the supplying of the services again; or
  • The payment of the cost of having the services supplied again as in each case we may elect.

Privacy Statement

KSport respects the Guidelines suggested by the Australian Direct Marketing Association, in it's Code of Practice for Consumer Protection in ecommerce. We also abide by the World Wide Web Consortium (W3C) Platform for Privacy Preferences Project (P3P). This policy is emerging as an industry standard providing a simple, automated way for users to gain more control over the use of personal information on web sites they visit.

In line with those guidelines, KSport would like you to be aware of the information we collect to provide your service. We do not provide third parties with access to your personal data, with the obvious exception of third party business partners such as the Domain Name Registries.


Information collected by KSport

Your contact information, including:

  1. named individuals
  2. telephone numbers 
  3. fax numbers
  4. email addresses
  5. Information about what services you have ordered from KSport
  6. Information about what services you have enquired
  7. Your interest in receiving KSport's email newsletters
  8. Correspondence between you and KSport
  9. A customer relationship management system in which details of conversations might be written by employees
  10. Your accesses to our website

What we do with your information

  • We do not make your personal information available to third parties, with the obvious exception of third party business partners such as the domain name registries.
  • We do provide aggregate data to third parties
  • We will contact relevant people to communicate billing and technical issues
  • We store website data and email queued on our servers, only for use as back-up data should it be required
  • We may customise our email newsletters and communications to reflect your interest in a particular service
  • We access historic correspondence and details about earlier conversations in response to customer service issues
  • We do not store credit card details or personal financial details
  • We monitor and store your online requests for webpage’s and services for research and to keep a history of your transactions with the business

Email communications

As a customer of KSport you will receive occasional email communications from KSport that relate to the services we provide to you, and you will have the option to opt-out of all non-essential email and postal mail. If you have any questions about our privacy policy, please feel free to contact us.