Conditions of Use

Kimbosabe Pty Ltd

 

 

 

Conditions of Use & Sale

Created on 10 April 2020.

Welcome to kimbosabe.com.au

Kimbosabe Pty Ltd (ABN 89 621 347 984) and its affiliates ("kimbosabe", “kimbosabe technologies”) provide website features and other products and services to you when you visit or shop at kimbosabe.com.au (the "website"), use kimbosabe products or services, use kimbosabe applications for mobile, or use software provided by kimbosabe in connection with any of the foregoing (collectively "kimbosabe Services"). The kimbosabe Services include the information, content, materials, products, and software included on or otherwise made available to you through the kimbosabe Services and references to the kimbosabe Services in these Conditions of Use & Sale include any or all of these. kimbosabe provides the kimbosabe Services and sells our products to you subject to the conditions set out on this page. "kimbosabe AU" and "kimbosabe Australia" are registered business names for Kimbosabe Pty Ltd.

 

Conditions of Use

 

Please read these conditions carefully before using kimbosabe Services. By using kimbosabe Services, you agree to be bound by these conditions by Kimbosabe PTY LTD. We offer a wide range of kimbosabe Services, and sometimes additional terms may apply. When you use a kimbosabe Service (for example kimbosabe applications for mobile), you will also be subject to the terms and conditions and policies applicable to that kimbosabe Service ("Service Terms"). Our help pages contain Service Terms and other important information relating to your use of the kimbosabe Services. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

 

1.  PRIVACY

 

Please review our Privacy Notice and Cookies & Internet Advertising Policy, which also govern your use of kimbosabe Services, to understand our practices.

 

2.  ELECTRONIC COMMUNICATIONS

 

When you use any kimbosabe Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other kimbosabe Services, such as our Message Centre. You consent to receive communications from us electronically and agree that

 

communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

3.  COPYRIGHT AND OTHER RIGHTS

 

All content included in or made available through any kimbosabe Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of kimbosabe

 

Pty Ltd or its content suppliers and is protected by Australian and international copyright and authors' rights laws and (where applicable) database right laws.

Other than to the extent necessary to use any kimbosabe Service for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any kimbosabe Service without our written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any kimbosabe Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any kimbosabe Service or its content without our express written consent.

 

4.  TRADEMARKS

 

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any kimbosabe Service are trademarks or trade dress of kimbosabe. Kimbosabe’s trademarks and trade dress may not be used in connection with any product or service that is not kimbosabe’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits kimbosabe. All other trademarks not owned by kimbosabe that appear in any kimbosabe Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by kimbosabe. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of kimbosabe without our express written consent. You may not use any meta tags or any other "hidden text" utilising kimbosabe’s names or trademarks without our express written consent.

 

5.  PATENTS

 

One or more patents maybe owned by kimbosabe may apply to the kimbosabe Services and to the features and services accessible via the kimbosabe Services. Portions of the kimbosabe Services may operate under license of one or more patents.

 

6.  RIGHTS OF ACCESS AND USE

 

kimbosabe or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the kimbosabe Services. The right granted to you does not include any license or permission to use the kimbosabe Service or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any kimbosabe Service or any part thereof.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by kimbosabe or its licensors, suppliers, publishers, rights holders, or other content providers.

You may not misuse the kimbosabe Services. You may use the kimbosabe Services only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights we have at law

 

and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by kimbosabe under these Conditions of Use terminate if you do not comply with this Section 6.

 

7.  YOUR ACCOUNT

 

You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the Account settings/Profile area of the website.

You may not use any kimbosabe Service: (i) in any way that causes, or is likely to cause, any kimbosabe Service, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of an kimbosabe Service; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.

If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account; or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the kimbosabe Service, the circumstances and our assessment of relevant factors. Suspension or termination of an kimbosabe Service may occur in connection with, or result in suspension or termination of other kimbosabe Services. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each kimbosabe Service, cease using any kimbosabe Service, terminate your account or the kimbosabe Service, or remove or edit certain content and material you post (each as permitted by that kimbosabe Service).

 

8.  REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

 

Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content. .

If you post content or submit material, and unless we indicate otherwise, you grant: (a) kimbosabe a non- exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) kimbosabe, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose.

 

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to kimbosabe, at our request.

You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and

  • does not breach any applicable laws. You agree to indemnify kimbosabe for all claims brought by a third party against kimbosabe arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or

 

9.  INTELLECTUAL PROPERTY CLAIMS

 

kimbosabe respects the intellectual property of others. If you believe that an item or information on any kimbosabe Service infringes your intellectual property rights, please write to [email protected]

 

10.  SANCTIONS AND EXPORT POLICY

 

You may not use any kimbosabe Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using kimbosabe Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

 

11.  KIMBOSABE SOFTWARE TERMS

 

In addition to these Conditions of Use, the terms found at www.kimbosabe.com/www.kimbosabe.com.au ("Software Terms") apply to any software (and any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with kimbosabe Services (the " kimbosabe Software").

 

12.  OTHER BUSINESSES

 

Parties other than kimbosabe operate stores, provide services, or sell products on this website and we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in

 

your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

 

13.  KIMBOSABE’S ROLE

Kimbosabe PTY LTD,”KIMBOSABE” through kimbosabe Marketplace, allows third party sellers to list and sell their products on kimbosabe.com.au. The relevant seller is indicated on the respective product detail

 

page. While kimbosabe helps facilitate transactions that are carried out on the kimbosabe Marketplace, kimbosabe is neither the buyer nor the seller of the seller's items. kimbosabe provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between the buyer and seller. kimbosabe is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of their products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because kimbosabe wants the buyer to have a safer buying experience, kimbosabe provides to the buyer the “kimbosabe marketplace guarantee” in addition to any contractual or other rights or remedies that the buyer may have against the seller or any other party.

 

14.  DISCLAIMER AND LIABILITY

 

Unless otherwise specified in writing, kimbosabe disclaims, and does not make, any representation or warranty of any kind in respect of the kimbosabe Services including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the kimbosabe Services will be uninterrupted or error-free; or (iii) as to the suitability or availability of the kimbosabe Services.

kimbosabe will not be responsible for: (i) losses arising from the unavailability of, or your inability to use any kimbosabe Services), (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;

  • any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to an kimbosabe Services, we limit our liability to the amount you have paid to us for the relevant kimbosabe

Nothing in these conditions is intended to (i) override any express commitments kimbosabe gives to you for particular kimbosabe Services (for example, commitments kimbosabe gives to provide a refund of fees in certain circumstances) or (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non excludable right or remedy.

 

15.  APPLICABLE LAW

 

The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please write to [email protected]

16.  KIMBOSABE SERVICES

 

We reserve the right to cease providing any kimbosabe Service to you, to discontinue any kimbosabe Service and to make changes to any kimbosabe Services at any time. Your access to kimbosabe Services may be suspended or restricted in accordance with these Conditions of Use and the applicable

 

Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.

 

17.  AMENDMENTS

 

We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Conditions of Use and Service Terms made available on the website at the time that you use the kimbosabe Services. You may at any time, cease using any kimbosabe Services, terminate your account or the relevant kimbosabe Service (in accordance with Section

7) including in the event of any such change.

 

18.  SEVERABILITY

 

If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

19.  WAIVER

 

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

 

20.  CHILDREN

 

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the kimbosabe Services only with the involvement of a parent or guardian.

 

21.  OUR CONTACT DETAILS

 

·       Address for service of notices for Kimbosabe Pty Ltd:

  • Legal Department
  • Kimbosabe Pty Ltd
  • 82a Stephensons Road, Mount Waverley, Victoria – 3149
  •  

Contact information relating to other kimbosabe Services or the Affiliate that provides the Service may differ and can be found in the relevant Service Terms.

 

22.  NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS

 

If you believe that your rights are being infringed, you may fill out and send us an notice form to [email protected] We respond expeditiously to rights owners and their agents who complete and send the Notice Form to communicate concerns about any alleged infringement.

 

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to kimbosabe the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify kimbosabe for all claims brought by a third party against kimbosabe arising out of or in connection with the submission or sending of a Notice Form.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on kimbosabe.com.au and are posted solely at the direction of Third Party Sellers who may be contacted via their Merchant/Seller Information page, accessible from any of their listings.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to kimbosabe may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

 

23.  ADDITIONAL KIMBOSABE SOFTWARE TERMS

 

  1. Use of the kimbosabe Software. You may use kimbosabe Software solely to use and enjoy the kimbosabe Services as provided by kimbosabe, and as permitted by the Conditions of Use, these

 

Software Terms and any Service Terms. You may not incorporate any portion of the kimbosabe Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the kimbosabe Software or otherwise assign any rights to the kimbosabe Software in whole or in part. You may not use the kimbosabe Software for any illegal purpose. We may cease providing any kimbosabe Software and we may terminate your right to use any kimbosabe Software at any time. Your rights to use the kimbosabe Software may be terminated without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain kimbosabe Software that are specifically identified in related documentation may apply to that kimbosabe Software (or software incorporated with the kimbosabe Software) and will govern

 

the use of such software in the event of a conflict with these Conditions of Use. All software used in any kimbosabe Service is the property of kimbosabe or its software suppliers and protected by applicable laws protecting copyright and other intellectual property rights.

 

  1. Use of Third Party Services. When you use the kimbosabe Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

 

  1. No Reverse Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, otherwise tamper with, or bypass any security associated with the kimbosabe Software, whether in whole or in part, or create any derivative works from or of the kimbosabe Software.

 

  1. In order to keep the kimbosabe Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

 

Conditions of Sale

 

These Conditions of Sale govern the sale of products on kimbosabe.com.au by KIMBOSABE Pty Ltd (ABN 89 621 347 984) (trading as "kimbosabe AU" or "kimbosabe Australia") to you.

Please read these conditions carefully before placing an order for products sold by kimbosabe AU, by placing an order you agree to be bound by these conditions.

 

  1. OUR CONTRACT

 

These Conditions of Sale do not apply to any products sold by, and any transaction between you and a third party seller on the kimbosabe Marketplace. Section 13 the Conditions of Use applies to those products and transactions.

With respect to products sold by kimbosabe AU, your order is an offer to us for you to buy the product(s) in your order. When you place an order to purchase the product(s) from us, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). If you are using certain kimbosabe Services (e.g. kimbosabe mobile applications) the Order Confirmation may be posted on a Message Centre on the website. The Order Confirmation is acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we or Seller/Merchant dispatch the product(s) to you and send e-mail or post a message on the Message Centre of the website confirming that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract of sale is with KIMBOSABE Pty Ltd.

You consent to receive sales invoices electronically. Electronic invoices will be emailed to you or made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

 

 

Please note that we sell products only in quantities which correspond to the typical needs of an average household and may refuse orders for quantities that exceed this. This applies both to the number of products ordered within a single order and the placing of several orders for the same product.

 

2.  CANCELLATION AND RETURNS POLICIES

 

Unless one of the exceptions listed below applies, you can cancel your order for a product at no cost any time before we send the Order Confirmation relating to that product.

 

You may submit your cancellation request using the Cancel Order button on the delivery tracker of the website and Mobile Application.

 

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

 

  • the supply of goods made to your specifications or clearly personalized;

 

  • the supply of goods which may deteriorate or expire rapidly;
  • a service if kimbosabe has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
  • the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) once download or use (whichever is earlier) has begun; and
  • the delivery of newspapers, journals or magazines with the exception of subscription

 

RETURNS POLICY

 

You may return most new, unopened items sold and fulfilled by kimbosabe within 30 days of receipt of delivery for a full refund of the purchase cost of the item. Please see Our Returns Policies for more details.

 

STATUTORY RIGHTS AND REMEDIES

 

Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.

 

3.  PRICING AND AVAILABILITY

 

All prices are inclusive of GST.

 

We list availability information for products sold by us or third-party sellers on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or by posting a message on the Message Centre of the website as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

 

4.  DELIVERY TIMES

 

Unless otherwise stated on the website, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such. Where we provide a guaranteed delivery date and a delivery attempt is not made for the relevant shipment by that date, we will refund any delivery fees associated with that shipment, and otherwise we are not liable to you for late deliveries. Where estimated delivery times apply, you are still entitled have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, you may cancel your order at any time prior to dispatch in accordance with Section 2.

 

5.  PRODUCT INFORMATION

 

Unless expressly indicated otherwise, kimbosabe is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, products and any

 

product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our returns policies and your statutory rights. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to us at [email protected]

For healthcare products, content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. kimbosabe accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

 

6.  CUSTOMS

 

When ordering products from kimbosabe for delivery outside of kimbosabe you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from kimbosabe for delivery outside of Australia, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

 

7.  SANCTIONS AND EXPORT POLICY

You may not use any kimbosabe Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using kimbosabe

 

Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including kimbosabe Software), technology, and services.

 

8.  DISCLAIMER AND LIABILITY

 

Unless otherwise stated in writing, kimbosabe disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us. kimbosabe will not be responsible for (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; or (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This Section 8 does not affect your rights under Section 4.

 

Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the website is limited to a refund of the relevant amount paid for the product (including applicable shipping fees).

 

 

The disclaimers, exclusions, and any other limitations on kimbosabe’s liability in this Section do not override any express commitments kimbosabe gives to you (for example, in respect of Guaranteed Delivery as described in Section 4).

Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as

 

provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.

 

9.  APPLICABLE LAW

 

The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us at [email protected]

 

10.  AMENDMENTS

 

We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our listings at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products from us.

 

11.  SEVERABILITY

 

If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

12.  WAIVER

 

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

 

13.  CHILDREN

 

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use kimbosabe.com.au with the involvement of a parent or guardian.

 

14.  OUR CONTACT DETAILS

 

Our contact details are:

 

·       For general inquiries: Contact us at [email protected]

  • Address for service of notices for KIMBOSABE Pty Ltd:
  • Legal Department
  • Kimbosabe Pty Ltd
  • 82a Stephensons Road, Mount Waverley, Victoria 3149
  • Melbourne VIC 3149
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