TERMS AND CONDITIONS
In these Sales Terms and Conditions (Sales Terms) “I”, “me” or “my” means Michael Khedoori, and you, the person, organisation or entity that purchases products from us (referred to as “you” or “your”), and collectively the Parties. These Sales Terms apply to all sales made by me to you. These Sales Terms are available at Khedoori.com.au.
These Sales Terms form the agreement under which I will supply products and related services to you. Please read these Sales Terms carefully. If you have any questions, please contact me using the contact details below, before you purchase products from me.
You accept these Sales Terms by making a purchase from me. Your purchase from me indicates that you have had sufficient opportunity to access these Sales Terms and contact me, that you have read, accepted and will comply with these Sales Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products from me if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Sales Terms, you should not purchase from me.
These Terms of Use set out the terms and conditions for using Khedoori.com.au. The Privacy Policy sets out how I collect, use and protect your personal information. These are available on Khedoori.com.au.
Products, Services and Orders
(a) You may order from me directly via Khedoori.com.au. I may at my discretion accept or reject an order depending on factors including availability of products and my ability to validate payment for the products.
(b) It is your responsibility to check the order details, including delivery address, product and pricing, before you complete your order on Khedoori.com.au.
(c) Iwillprovideyouwithorderdetails,whichmayincludecontactnumbers,anordernumber,the shipping and billing addresses and a description of what was ordered, when you order and pay on Khedoori.com.au and your payment has been validated.
(d) A binding agreement comes into existence between you and I once we have given you an order number.
Price and Payments
(a) You agree to pay the purchase price specified at checkout. All amounts are stated in Australian dollars. All purchase prices do not include Australian GST, although GST will be calculated and added at checkout and delivery.
(b) I require payment at the time that you place your order for the purchase of a product, plus any applicable delivery charges based on the delivery options selected by you.
(c) YoumustpayfortheproductbyoneofthemethodssetoutonKhedoori.com.au,includingby way of debit card, credit card or PayPal. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
Availability
All purchases made with me are subject to availability. I do my best to keep most products in stock and to keep Khedoori.com.au up to date with availability of products.
Cancellation
Once you have submitted an order on Khedoori.com.au, confirmed the details of your order and your payment is processed, you will not be permitted to cancel your order at any time and you remain bound by these Sales Terms.
Delivery
(a) Location: I deliver worldwide. Please refer to the delivery information on Khedoori.com.au to check that you are in the delivery area. If you are not in the delivery area please contact me to discuss delivery options.
(b) Cost: I offer free delivery for some products to some areas, as set out on Khedoori.com.au. If free delivery does not apply, a delivery fee will apply, as stated in delivery information.
(c) Timing:Iwillnormallydispatchtheproductwithin7businessdaysfromthereceiptofyour order, unless otherwise noted on Khedoori.com.au. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. I will deliver the product to the place of delivery you specify when making your order.
(d) Change: If you need to change the delivery address, this can only be done prior to submitting and purchasing an order.
(e) Title and Risk: Title in the products will not pass to you until the later of delivery, or your payment has been processed or otherwise received by me. If your payment is declined for any reason I reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. I reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you once the product is delivered to the address you provide.
Discount Codes and Promotions
I may from time to time offer promotional discount codes, which may be applicable to products on Khedoori.com.au, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
Intellectual Property Rights
(a) Intellectual Property Rights means all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).
(b) I own all Intellectual Property Rights in Khedoori.com.au, business, products, services and branding, as between me and you. The products contain material which is owned by or licensed to me and is protected by Australian and international laws (Materials). I own the copyright which subsists in all creative and literary works incorporated into my Materials.
(c) YoumustnotbreachmyIntellectualPropertyRightsby,includingbutnotlimitedtoalteringor modifying any of the Materials, creating derivative works from the Materials or using my Materials for commercial purposes such as onsale to third parties.
Dispute
Your feedback is important to me. I seek to resolve your concerns quickly and effectively. If you have any feedback or questions about my products, please contact me. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:
● The complainant must tell the respondent in writing the nature of the dispute, the outcome the complainant wishes to achieve and the action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
● If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Sales Terms, by law or in equity.
Consumer Law, Return, Refund and Exchange Policy
(a) ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by me to you which cannot be excluded, restricted or modified (Statutory Rights).
(b) Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.”
(c) NothingintheseSalesTermsexcludesyourStatutoryRightsasaconsumerundertheACL. You agree that my liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms. I exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
(d) Replacement or a refund: If you wish to seek replacement or a refund for a product or service, you must contact me within 7 days of receipt of your products and I will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to me.
(e) Refund: If you are entitled to a refund, I will only give you the refund once evidence of faulty product is received by me, or I have received the product and inspected it and assessed whether it is eligible for a refund under these Sales Terms. Any refund I make will be by the same payment method used to purchase the product.
(f) Packaging: You must adequately package any product you are returning to ensure that it is not damaged during return delivery to me. We will arrange for any products you want returned to be collected, usually within 5 business days.
(g) Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
(h) Change of mind: I will only accept returns for circumstances pursuant to my cancellation policy set out in these Sales Terms.
Limitations of Liability and Disclaimers
(a) While the information and material contained on Khedoori.com.au is believed to be accurate and current, it is provided by me in good faith on an “as is” basis, and I accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on Khedoori.com.au.
(b) Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods to you by me via Khedoori.com.au which cannot be excluded, restricted or modified. My liability is governed solely by the ACL and these Sales Terms.
(c) Totheextentpermittedbylaw,Iexcludeallconditionsandwarranties,exceptforyour Statutory Rights including but not limited to:
● I take no responsibility for, and will not be liable for Khedoori.com.au or the products being unavailable; and
● I will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with Khedoori.com.au, inability to access or use Khedoori.com.au, the products, the services, the late supply of products or services, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage.
(d) To the extent permitted by law, my total liability arising out of or in connection with the products or these Sales Terms, however arising, including under contract, (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under these Sales Terms.
Indemnity
You indemnify me from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to cooperate with me (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of my products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given me. The obligations under this clause will survive termination of these Sales Terms.
General
(a) Privacy: I agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
(b) Accuracy: While I endeavour to keep information up to date and correct, I make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on Khedoori.com.au for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and I expressly exclude any liability for such to the fullest extent permissible by law.
(c) Termination:Wereservetherighttorefusesupplyoftheproductsorservicesorderedbyyou, and remove or edit content on khedoori.com.au at our sole discretion, without incurring any liability to you.
(d) Relationship of Parties: These Sales Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
(e) Force Majeure: I will not be liable for any delay or failure to perform my obligations under these Sales Terms if such delay is due to any circumstance beyond my reasonable control.
(f) Assignment: You must not assign any rights and obligations under these Sales Terms, whether in whole or in part, without my prior written consent.
(g) Severability: If any of these Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(h) Jurisdiction and Applicable Law: Your use of Khedoori.com.au and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Sales Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales, Australia. The Site may be accessed throughout Australia and overseas. We make no representation that Khedoori.com.au complies with the laws (including intellectual property laws) of any country outside Australia. If you access Khedoori.com.au from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access Khedoori.com.au.
(i) Entire Agreement: These Sales Terms and any document expressly referred to in them represent the entire agreement between you and I and supersede any prior agreement, understanding or arrangement between you and I, whether oral or in writing.