Terms & Conditions

Conditions of Sale, DKSH as Distributor of Kambukka

1. Definitions
   In these conditions:
   • “Conditions” means the terms set out in this document;
   • “Customer” means a person, firm or corporation seeking to acquire Goods or services from the Supplier and, if the Customer consists of more than one person, each of them jointly and severally;
   • “Goods” means all goods and or materials supplied by the Supplier to the Customer;
   • “GST” means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended;
   • “Supplier” means DKSH AUSTRALIA PTY. LTD. (ABN 70 005 059 307) of Level 8, 321 Kent Street, Sydney, NSW, 2000, Australia.
2. Application of the Conditions
   • 2.1 Unless otherwise agreed in writing prior to an order from the Customer, these Conditions will apply exclusively to every contract for the sale of Goods by the Supplier to the Customer and cannot be varied or replaced by any other conditions without the prior written consent of the Supplier.
   • 2.2 Any written quotation provided by the Supplier to the Customer concerning the supply of Goods is valid for 30 days, unless otherwise stated in the quotation, and is an invitation only to the Customer to place an order based upon that quotation.
   • 2.3 The Supplier will not be deemed to have accepted an order or an offer by the Customer unless it has communicated acceptance to the Customer in writing or has delivered the Goods stated in the order.
   • 2.4 The Supplier may vary these Conditions provided it first gives 30 days written notice to the Customer and an opportunity for the customer to cancel its order. Otherwise, any order placed, or Goods supplied at the request of the Customer, after such 30 day period, will be deemed to be the Customer’s acceptance of the varied Conditions.
   • 2.5 The Customer agrees that any order under the minimum order value (as notified by Supplier to the Customer from time to time) may incur a fee at the discretion of the Supplier, but such fee will be disclosed to the Customer at the time of, and prior to, finalising its purchase.
3. Payment
   • 3.1 Payment for Goods must be made at the time of ordering or as otherwise agreed in writing by the Supplier.
   • 3.2 The Customer acknowledges these Conditions do not grant the Customer credit or delayed payment of any nature unless the Supplier, in its absolute discretion and upon any condition it deems appropriate, grants such terms of credit in writing to the Customer.
4. GST and Duties
   • 4.1 Except where stated in writing or where the Customer is a “consumer” within the meaning of Schedule 2 of the Competition and Consumer Act 2010 (Cth), all prices for the supply of Goods exclude sales tax, consumption or goods and services tax, and any other taxes, duties or imposts imposed on or in relation to the Goods. Accordingly, if prices for Goods provided by the Supplier do not expressly indicate that the prices include GST then the Customer will pay the Supplier the price for the Goods plus GST.
5. Delivery of the Goods
   • 5.1 Any period or date for delivery of Goods stated by the Supplier is intended as an estimate only and is not a contractual commitment. The Supplier may deliver the Customer’s orders in part or in whole and the Supplier is not liable in any way for such partial or late delivery, but if delivery is to be delayed by more than two (2) weeks, the Customer may opt to cancel its order for a full refund, but with no other liability to the Supplier in connection with such cancellation.
   • The Supplier may also terminate this agreement if it is, for any reason, unable to fulfill the Customer’s order, but shall advise the Customer of the cancellation and the reason for the cancellation, and shall refund the customer’s payment for the cancelled order, with no further liability to either party in connection with such termination.
   • 5.2 All costs of freight, insurance and other charges associated with the delivery of the Goods to the agreed delivery address shall be borne by the Customer as shown at the time of, and prior to finalising, the purchase.
   • 5.3 If the Customer is unable or fails to accept delivery of the Goods, the Customer will be liable for all costs incurred by the Supplier due to storage, detention, double cartage, travel expenses or similar causes.
6. Risk and Insurance
   • 6.1 All risk in the Goods and all insurance responsibility for theft, damage, loss or other cost in respect of the Goods will pass to the Customer immediately upon the Goods being collected (whether by the Customer or third party) from the Supplier’s premises or delivered to the Customer.
   • 6.2 Title in the Goods will pass to the Customer upon receipt of payment in full for the Goods.
7. Liability and Warranty
   • 7.1 Except as specifically set out herein or required by law, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods, trade usage, custom or otherwise, is hereby expressly excluded.
   • 7.2 Neither party is liable to the other party for any indirect or consequential losses or expenses suffered by the other party or any third party, howsoever caused arising from the supply of the Goods, including but not limited to loss of turnover, profits, business or goodwill, except to the extent such loss or expense is due to the party’s gross negligence or intentional misconduct.
   • 7.3 Except as provided for by clause 5 of these Conditions, the Supplier will not be liable for any loss, damage or claim suffered by the Customer where the Supplier has failed to meet any delivery date or cancels or suspends the supply of Goods.
   • 7.4 Nothing in these Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Goods which cannot be excluded, restricted or modified. If any of these Conditions is inconsistent with State or Federal legislation, such Conditions must be read down only to the extent necessary to comply with such legislation and will otherwise apply to the fullest extent legally possible.
   • 7.5 If the Customer is a “consumer” within the meaning of Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Supplier’s liability for a breach of a condition, warranty or guarantee (whether express or implied) other than a breach caused by the Supplier’s gross negligence or intentional misconduct, is limited to any one of the following as determined by the Supplier:
   • (a) the replacement or repair of the Goods or the supply of equivalent Goods; or in the case of services, supply the services again or pay the costs of having the services supplied again;
   • (b) the payment of the cost of repair or replacement of the Goods or of acquiring equivalent Goods.
   • 7.6 Beyond any warranties imposed by law or regulation, Supplier warranties applicable to Goods, if any, are available on the Supplier’s website and are described by clicking on the relevant Goods.
   • 7.7 If you are a “consumer” pursuant to the Australian Consumer Law, the following statement applies: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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.
8. Cancellation
   No purported cancellation or suspension of an order or contract for Goods by the Customer will be binding on the Supplier after that order has been accepted by the Supplier unless the Supplier, at its discretion, agrees to such cancellation or suspension upon written request by the Customer.
9. Goods Returned
   • 9.1 All Goods are sold on a non-returnable, non-refundable basis and, subject to the Conditions, may only be returned if the Goods are damaged by the Supplier prior to delivery or are incorrectly supplied by the Supplier.
   • 9.2 Any claim by the Customer that the Goods are damaged or incorrectly supplied must be made in writing to the Supplier within 7 business days of dispatch of the Goods to the Customer and the Customer must provide the Supplier a reasonable opportunity for the Supplier to inspect the Goods. Except as otherwise provided for in these Conditions or proscribed by the Australia Competition and Consumer Act 2010 (Cth), the Supplier’s only liability (if any, and subject otherwise to these Conditions) is limited to the resupply of the Goods.
   • 9.3 The Supplier may, in its sole and absolute discretion, agree to accept a return of some or all of the Goods but all such Goods returned will be subject to a handling fee that will be communicated to the Customer in advance of such return, unless such fee is waived by the Supplier.
10. General
    • 10.1 Nothing contained or implied in these Conditions constitutes a party the partner, agent or legal representative of the other party for any purpose, or creates any partnership, employment, agency or trust. Neither party has the authority to bind the other party in any way.
    • 10.2 If any part of these Conditions is held to be invalid or unenforceable in any way, the remaining provisions will not be affected and remain in full force.
    • 10.3 These Conditions will be governed by the laws of the State of Victoria, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts in that State.
    • 10.4 These Conditions constitute the entire agreement between the parties in respect of the supply of Goods, and supersede all prior agreements, representations, negotiations and correspondence and no special condition or terms contained in an order or other communication from the Customer will vary, void or render ineffective any part of these Conditions unless agreed in writing by the Supplier or required by law.

Website Conditions of Use

1. This website is operated by, or on behalf of, DKSH. “DKSH” includes DKSH AUSTRALIA PTY. LTD. ABN 70 005 059 307, DKSH NEW ZEALAND LIMITED NZBN 9429040700090, DKSH SERVICES NEW ZEALAND LIMITED NZBN 9429032415384, and each of those entities’ related body corporates ("We", "Us" and "Our") under the domain names www.dksh.com.au, http://dksh.com/nz-en/home and http://dksh.com/au-en/home and includes all related websites of DKSH and their respective subpages ("Site").
2. Your access or use of the Site (including providing information to by you Us via the Site) from within the States or territories of Australia or from New Zealand is your acknowledgement that you agree to abide by, and be bound by, these Conditions (“Terms of Use”), and Our Privacy Protection Policy that can be accessed through this link. If you do not accept these Terms of Use, you agree to discontinue use of the Site immediately.

General Information

3. The material and information on our Site are provided to give you general information in relation to our products and services. The information has been prepared without taking into consideration your individual requirements, specifications or objectives.
4. We do not represent or warrant in any manner that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results.
5. Links within the Site to other websites are provided for convenience only and are not an endorsement by Us of any product or service. We will not be responsible for the content of any other website accessed via the Site.
6. You represent and warrant that you are of sufficient legal age to use the Site and any feature on the Site.
7. The Site may use software known as ‘cookies’ to record your visit to the Site and collect information which may be used to administer and improve the Site and to provide services to you. Information we may collect includes your server address, the type of operating system you use, your top level domain name, the date and time of access to the Site, pages accessed and documents downloaded, whether you have visited the Site before and the type of browser software in use. You may set your web browser to disable cookies when visiting the Site. However, some functions on the Site may be unavailable if you choose to do so.
8. You agree to use the Site only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Site by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to the Site or to Us.
9. Collection of information which is personal information is subject to our Privacy Protection Policy, a copy of which can be accessed [Here] [LINK TO POLICY].

Intellectual Property

10. Unless otherwise noted, all text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (“content”) on the Site is Our property. You agree that Content must not be copied, used or amended in whole or part without Our prior express consent. All trademarks, whether registered or not, appearing on the Site are the property of Us or their respective owners, as the case may be.
11. All Content is owned or used under license by Us and is protected by copyright, design law, patent, trademark or other intellectual property law as the case may be. You agree that information and materials on the Site are for personal use only and may not be sold, redistributed, exploited or used for any purpose other than your personal use directly related to contemplating a purchase of Our goods or actually purchasing Our goods.
12. You must not engage in, or arrange or allow, any information harvesting activities from the Site except to the extent that your activities are bona fide personal uses of the Site.
13. We make no representation that the material on any linked websites does not infringe the intellectual property rights or any other rights of any person. We do not authorize the reproduction of such material.
14. By posting, submitting ratings or content you grant Us a royalty-free, perpetual right to use, reproduce, publish, distribute, create works from, communicate to the public, or otherwise use your posting, content or rating in any form. You waive any moral rights you may have in that content unless you specifically advise us in writing that you do not wish any such posting, rating or content to continue to be used prospectively.

Governing Law

15. These Terms of Use and your use of the Site shall be, for any entity accessing the Site from Australia, governed by all applicable laws of Victoria, Australia and for any entity accessing the Site from New Zealand, governed by all applicable laws of New Zealand. Disputes arising in connection with the Site or these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of the governing jurisdiction.

Limitation of Liability

16. To the extent permitted by law, We will not be liable for any loss or damage from any cause (except to the extent the cause is Our gross negligence or intentional misconduct) to you or your property (including any website you operate and computer system), or to people linking to us from your website(s), caused by or in connection with your use of or link to Site. If you create a link to the Site, you remain fully responsible for any consequences of that link, whether direct or indirect and you will protect Us against all loss, damage, liability, cost or expense arising from or in connection with the link. You expressly agree that your use of the Site is at your sole risk.
17. The information provided by Us on the Site is provided without warranties of any kind, either express or implied, other than those warranties which are incapable of exclusion, restriction or modification under applicable laws. Specifically, We do not warrant the accuracy, adequacy or completeness of information contained on the Site, nor do We undertake to keep the Site updated.
18. We and Our agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on Our Site. Whilst We strive to ensure the highest quality data and to keep the information on Our Site accurate, complete and up to date, We cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information, except to the extent Our conduct in this regard constituted gross negligence or intentional misconduct.
19. To the maximum extent permitted by law and notwithstanding any other provision of these Terms of Use, We will not be liable in any way to you or anyone else for any loss, expense, liability, claim, damages (including without limitation, indirect, special or consequential loss or damage), loss of income, data, contract, tort, profit, or loss of opportunity, arising out of your use or inability to use, or access, the Site or any of the services or in relation to any content or information obtained through the Site unless it is the result of Our gross negligence or intentional misconduct. Each party agrees to indemnify the other party and keep the other party indemnified against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by that party of these Terms of Use. Any advice on the Site does not take into account your objectives, financial situation or needs and you should consider whether it is appropriate for you.
20. You agree to take your own precautions to ensure that your use of the Site does not expose you to risk of viruses or other forms of interference which may damage your computer system. You acknowledge that there is risk of unauthorized access to or alteration of your transmission of data or information using the Site.

No Harvesting or Alteration to Site

22. You agree not to transfer, or attempt to transfer, any material, viruses or code to the Site that could cause damage or harm to the Site or in any way impede the security of the Site. You may not attempt to alter the Site. You agree not to transfer, obtain, harvest or mine any data from the Site and you agree that you will not recklessly or intentionally change, remove, deface, hack or otherwise interfere with the Site or any material on the Site.

Additional Provisions and Changes to Terms of Use

23. Additional terms and conditions may apply to purchases of Our goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which form part of these Terms of Use. If there is a conflict between these Terms of Use and the terms applicable to the purchase of our goods or services, the latter terms shall apply.
24. We may, at any time, change or modify these Terms of Use or any policies published on this Site (which form part of the Terms of Use). Any such changes or modifications will be reflected in the Terms and Conditions you will be asked to review and agree to prior to each purchase. Any subsequent access or use by you of the Site will constitute your acceptance of those modifications.

Information Upload / Interactive Use

25. In relation to your use of or participation in any information uploaded onto the Site or interactive facility with the Site (e.g. online-help, blogs, forums) you agree to the following:
    • You will not post or transmit via or to the Site any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.
    • All content and material which you submit and We publish on the Site becomes Our property. We reserve the right to refuse access to any person or edit or delete material posted by any person for any reason without notice at Our discretion.
    • We may at Our discretion remove, alter or block any material submitted to the Site by you, and We may terminate, suspend or restrict your access or use of part or all of the Site.
26. From time to time We may display international data from our related entities or suppliers related to goods or services available overseas. Any such display of international data is not a representation that We intend to make available in Australia or New Zealand, as the case may be, such goods or services.
27. If any of the provisions of these Terms of Use are void or unenforceable for any reason, such term deleted but only to the extent necessary such that the intent of these Terms of Use, shall remain in full force and effect as far as possible.