1.1 By visiting or using this website or any associated services we offer (the “website”) you agree to be bound by these terms and conditions as set out below (“agreement”, “terms”, “terms and conditions”).
1.2 This agreement is formed between you (“you”, “user”, “member” and “visitor” means anyone who visits or uses this website) and Kapitalized.com a business incorporated in NSW Australia (“us”, “our”, “we”).
1.3 If you do not agree to any provisions of this agreement, you must not use the website.
1.4 We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check this page for our published terms and conditions and policies from time to time to acquaint yourself with the current version.
2.1 In order to make purchases and access some features of the website, you will need to be a registered member.
2.2 You may not use another member’s account without permission.
2.3 When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
2.4 For promotional purposes we may display the usernames of orders received on our site. We recommend that you not use your real name as your username.
2.5 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
2.6 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to update your password and/or notify us immediately.
3.1 By making an on-line purchase you accept these terms and conditions and acknowledge that you are over eighteen (18) years of age, and are entering into a legal contract with us.
3.2 Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
Supply of services to You / Termination
4.1 We reserve the right to change, alter, remove or add functionality to the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
4.2 We may s (whether temporarily or permanently) providing you access to the website or our services, or to visitors or members generally, at our discretion and without prior notice to you.
4.3 We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
5.1 We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
5.2 errors, mistakes or inaccuracies on the website;
5.3 you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
5.4 personal injury or property damage of any nature resulting from your access to, and use of, the website;
5.5 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5.6 any interruption or cessation of transmission to or from our website;
5.7 any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
5.8 the merchantability or fitness for any purpose of any product or service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
5.9 We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address.
5.10 It is your responsibility to guard against fraudulent websites or emails and ensure that you only access our website(s) at the proper web address and that any emails or links you follow or click on lead to our website(s).
5.11 Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to,
in the case of goods:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the original purchase cost of replacing the goods or equivalent goods; or
in the case of services:
(d) the resupply of our services, or
(e) the payment of the original cost of resupply of our services.
Use of services by you
6.1 You agree to use the website only for purposes that are permitted by:
(a) this agreement;
(b) any applicable law or regulation; and/or
(c) generally accepted practice or guidelines.
6.2 You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
6.3 You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
6.4 You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
6.5 You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
6.6 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
Information on this Website
7.1 Information about products, goods and services on the website is based on material provided by suppliers and product manufacturers.
7.2 You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
7.3 You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
8.1 Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.
8.2 Orders placed by you are offers to purchase particular product under the terms and conditions in this agreement at the price specified (including delivery and other charges).
8.3 We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
8.4 You may cancel your order only if we have not started processing it. A cancellation and re-stocking fee may apply.
9.1 The prices of products, delivery and other charges are shown by default in Australian dollars (you may elect to view prices in other countries) and include GST where applicable.
9.2 Prices are current at time of display but are subject to change and availability of stock.
Payment and Processing
10.1 All payments must be received in full prior to dispatch. Please read the Payment section of the website for payment options.
10.2 If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
10.3 Payment processing will not begin until we receive all the information we need.
10.4 Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
10.5 Business days are Monday through Friday, excluding NSW Public holidays.
10.6 Where you pay by Bank Deposit or BPAY you must pay the full price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation.
10.7 If a Bank Deposit or BPAY payment is not received within 7 days from the date that you receive your Order Confirmation we reserve the right to cancel the transaction.
10.8 We may at our discretion not accept credit cards issued by banks outside of Australia.
10.9 You may be required to provide further identification for additional security reference checks.
Coupons, Discounts and Promotions
11.1 We may at our absolute discretion from time to time provide discount Coupons to existing and/or new customers.
11.2 Coupons can only be used towards the payment of Products on our website.
11.3 Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon will accompany that Coupon. We will determine the content of Terms and Conditions governing Coupons in its absolute discretion.
11.4 Where a Coupon is used towards the payment of a Product(s) there may be an outstanding balance due on the Product and pay this outstanding balance due on the Product by any payment method that we accept at our Payemtn section.
Supply of Product or Service
12.1 Subject to this agreement, we will supply to you the products shown on your order confirmation.
12.2 You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
12.3 Please read the Delivery section of the website for delivery options and details.
12.4 We do not generally allow personal pick up however if this is made available it will be stated under our Shipping section.
Risk and Title
13.1 We retain ownership of goods until payment is received in full.
13.2 Risk in goods, such as loss or damage, passes to you upon delivery.
Change of Mind returns / Store credit
14.1 Your satisfaction is our number one priority however, please choose carefully as we do not refund or exchange simply because you changed your mind or the product was not what you expected.
14.2 However, if you wish to return products in their original packaging and in saleable condition we may do so under our Returns policy section.
14.3 Please contact us via the Contact section within the Returns Period as stated on the Returns section of our site to obtain a Return Authorisation Code (no returns can be accepted or processed without a prior issued Return Authorisation Code).
14.4 We will provide you with a store credit only when we receive the returned product. Return postage must be organised by you at your expense.
14.5 Store credits must be used within a limited time period from date of issue (this period will be notified under our Returns section). Store credits may only be used to purchase from our website(s) and are not redeemable for cash.
Statutory Conditions and Warranty / Refunds
15.1 The Trade Practices Act 1974 (Cth) implies into all consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer. Under the statutory warranty:
15.2 We will refund, repair or replace if the product you receive – doesn’t match the sample or description, doesn’t do what it is supposed to do or is not of merchantable quality eg. defective or dead-on-arrival (DOA).
15.3 Where a refund, repair or replacement is approved under the terms of this warranty, we will pay for, or reimburse you for, any shipping costs to return the original product to us.
15.4 Warranty applies to the original product. Replacement product has the same warranty as the original. You must retain your proof of purchase for any manufacturer warranty claims.
15.5 We reserve the right to charge you, at our current hourly rate, for the cost of examining the good if our examination reveals that there has not been a breach of statutory conditions or warranties ie. the good is not DOA, not defective or faulty, or if it does match the sample or description.
15.6 Refunds will be issued by credit card, direct deposit, cheque or PayPal at our discretion.
15.7 In order to obtain these remedies:
(a) You must notify us within a reasonable time after you become aware that you wish to make a claim for a breach of condition or warranty in clause 15; generally within 14 days after you have received the product. Please contact us via the Contact section. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a Return Authorisation Code.
(b) In some circumstances, we may refund, replace or repair goods that you find have a defect or fault when you have owned or used it for some time but displays a manufacturing defect or fault within a reasonable time during which it should not have developed that defect or fault. Please contact us via the Contact section of our site.
(c) A “reasonable time” is the amount of time that is reasonable to expect, given the cost and quality of the item.
(d) Incorrect or defective goods must be returned to us in the condition received with all original packaging.
(e) Replacement of good or refund and reimbursement of freight costs will not be made until the original good is received by us and your claim verified.
(f) We aim to process refunds and replacements within 28 days of receipt by us of the original product.
(g) We do not refund, repair or replace where in our reasonable opinion the product becomes unmerchantable due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
(h) Products damaged in transit must be reported to us within 24 hours of receipt so that we may make a claim under transit insurance.
(i) Goods that develop a defect after first use may be covered by manufacturer warranty. You may wish to contact the manufacturer regarding returns and repairs.
Links to 3rd Party Websites
17.1 The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
18.1 We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
18.2 Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
18.3 You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
18.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.
Transfer and Assignment
19.1 In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
20.1 You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
Credit Card Fraud
21.1 Whilst we employ Secure Sockets Layer (SSL) technology software for transactions with our customers we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
22.1 We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
23.1 This agreement will be governed by and interpreted in accordance with the laws of NSW, Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of NSW, Australia.
23.2 If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
24.1 If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
Privacy and Personal Information