Terms & Conditions
Your use of this website constitutes your express acceptance to be bound by the below Terms and Condition. If you do not agree with these Terms and Conditions, please cease using the subject website.
In these conditions:
"Company" means Kmate Pty Ltd acting as Trustee for Kmate Unit Trust, trading as:
Kahuna Play ABN: 36 512 820 728
"The Purchaser", “Buyer”, or ‘Customer’ means the person, firm or company ordering or buying goods from the Company or on their behalf or on behalf of their customers.
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.
Company and Buyer expressly agree that until Company has been paid in full for the goods, full legal title remains with the Company. Notwithstanding the preceding condition all risk in respect of the goods shall be assumed by the Buyer upon delivery. Buyer or their customer shall examine the goods immediately the goods are delivered. Whilst the Company will use its best endeavours to deliver the goods in accordance with the Buyer’s requirements, the company will not be liable for any consequence of late delivery however caused, either with the original purchase and delivery of the item, or any subsequent delays in having the item repaired and returned, or issuing any refund.
Company will make its best endeavours to deliver the purchased products to the delivery address nominated by the Buyer, however there may be instances where the product may be required to be picked up from a depot specified by the courier company, which may be closest to the nominated delivery address.
The Company reserves the right to cancel orders and issue refunds of payment received where:
- It determines at its sole discretion that it is commercially not viable for the delivery to be effected to the nominated address; and
- The order cannot be fulfilled due to lack or short supply of stock.
Products on Presale:
Where Goods are advertised to be 'On Presale' the Buyers acknowledge that they are entering into a contract of sale with an anticipated future dispatch date for the Goods they have purchased.
The dispatch date stated in the advertisement is an approximate date and we reserve the right to change this date at our discretion. If the date is changed to a date which is materially later than the previously advertised date, where possible, we will endeavor to inform the customers who had purchased this product with an earlier anticipated date of dispatch. In the event we are able to dispatch the Goods earlier than the date noted in our advertisements, we will do so without further notice to the customers.
By purchasing the Goods on presale Buyers accept all terms governing the use of this site and acknowledge that they have entered into a legally binding contract of sale and will not be granted a right to terminate the purchase.
Change of mind and purchases made in error:
We do not offer change of mind returns on any of the products offered for sale on our site. Please review diligently all the information tabled in the product advertisement to ensure that the product is suitable for your needs prior to committing to purchasing the product.
Minor and major faults, short or long-term failure:
The Company guarantees to the Buyer that the goods will be free from defects caused by faulty materials or poor workmanship for a reasonable period of time based on the product's value and intended purpose (i.e, generally no longer than 12 months from the date of purchase for domestic use, unless it is reasonably expected to be a longer period of time) and for a period no longer than 90 calendar days from the date of purchase for commercial use unless otherwise stated in the listing or advertisement at the time of purchase. This warranty does not cover minor accessories or attachments or consumable parts, including but not limited to, chainsaw chains, pull starts, cutting blades or discs, instrument strings, product bags and cases, and carry straps etc. Examination by The Company of such goods (or photos of the faulty goods if requested) shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling, other incorrect or lack of proper maintenance, opening cartons with blades, or by repair or alteration not affected by the company. Further item specific failures for products such as fuel powered products, trampolines, outdoor structures (gazebos, tents, and umbrellas), bedding, and pool covers are detailed later in this document.
Defects and failures not covered by warranty include, but are not limited to:
- Damage due to user misuse or use in a manner contrary to the operating instructions
- Damage resulting from the item being used in a manner other than originally intended as advertised
- Improper or neglected maintenance including oiling and cleaning where required
- Improper storage or neglect to properly prepare the item for storage
- Incorrect fuel or oil use, including 2-stroke fuel mixture where applicable
- The user’s inability to properly use the item, including starting or tuning of engines
- Storm or wind damage to items which have not been correctly installed or adequately secured
- Failure due to improper user installation or assembly
- Damage cause when assembling, tuning, or adjusting the product
- Cuts and scratches etc such as those caused by opening packaging with blades or knives
- Items sold as ex-demo, or used unless otherwise stated in the advertisement at time of sale
Items, parts, and accessories not covered by warranty include, but are not limited to:
- Carry and storage bags and straps supplied as an accessory to the main product
- Free gift or bonus items supplied with the main product
Conditions for warranty under short-term or long-term failure:
- Warranty claims must be made within a reasonable period of time of the defect being discovered
- The product must not be used after any problem or defect is detected, failing which, all guarantees and warranties applicable to that product or part will be rendered void.
- Warranty claims are limited to the original warranty period from the date of purchase
- All warranties only apply to the original purchaser, and are not transferable
- The Company may require pictures of, or return of the faulty/damaged item(s) or parts
- Re-delivery of the repaired item or replacement parts will be at the cost of The Company where the warranty claim is found to be a legitimate claim under the terms of this warranty
- The Australian Consumer Law provides certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. These consumer guarantees are different to, and separate from, this warranty, which is given voluntarily by the Warrantor. The time limit of consumer guarantees varies depending on the price and quality of the goods and may extend beyond this warranty or any applicable warranty provided by the manufacturer of the goods.
- On occasion The Company may supply a full or partial refund as compensation for item damage, failure, or restricted function, subject to this being permitted under Australian Consumer Law, and agreed to between The Company and the Purchaser.
- Unless otherwise stated in the advertisement this warranty does not apply to items sold as ex-demo, or used.
DOA: Faulty or damaged on arrival warranty claims:
This provision is an extension of the regular warranty condition for ‘Product Failure’ as described above and covers items damaged in transit, missing parts, partial delivery, or items having existing defects on delivery.
- Claims under this provision will only be accepted within reasonable period of time from the date of delivery (usually 7 calendar days)
- The buyer must inform The Company by email or in writing within the reasonable period after delivery of the item being received in a damaged on arrival state.
- Cuts and scratches to the product caused by opening cartons with blades etc are not covered under warranty
- Unless otherwise stated in the advertisement this clause does not apply to items sold as ex-demo, or used
Returning items where requested by The Company:
- When required by The Company, goods may need to be returned to The Company to effect the warranty.
- No refunds or replacements will be issued prior to the returned goods or parts being received by The Company
- Goods must be returned using the freight method agreed to by The Company and the Customer which will be determined according to the product and product location
- Items must be disassembled and packed to their original delivery state and returned in the same size packaging to qualify for return freight cost refunds
- Return freight costs will not apply to goods found to in working order or where the fault is other than originally described by the customer in the course of making the original warranty claim
- Items must be authorised for return by The Company prior to the goods being returned. The Company will issue the customer a ‘Return Authority’ number (RA) which must be included with the returned item
- All returned goods must arrive back with The Company no later than 14 days from the date the RA was issued
- In cases where the goods or parts must be returned to The Company for assessment and these goods or parts can be easily returned, Purchaser is to arrange return of goods using The Company’s approved freight delivery method at the purchaser’s expense and The company will reimburse the Purchaser reasonable return postage costs if the Company confirms that the product or part returned is faulty.
- If no fault is found, or products or parts exhibit signs of physical damage, or neglect, the Purchaser will be responsible for reimbursing The Company the shipping costs to and from the Purchaser, and inspections costs equating to $60.00 per hour, on a pro rata basis, relating to the time spent inspecting and checking the product or part returned.
- If a product is too large or too heavy and the Purchaser did not pick up the product from the Company’s premises, The Company will arrange for it to be returned to the Company at its expense, for inspection, within a reasonable period of time after being informed that a fault exists. Should no fault be found with the returned item or part, the Purchaser will be required to reimburse the company all shipping costs to and from the Purchaser, and inspections costs equating to $60.00 per hour, on a pro rata basis, relating to the time spent inspecting and checking the product or part returned.
- The Company may require up to 14 days after receiving the returned item to asses and/or repair the problem prior to initiating any return or refund
The company reserves the right to cancel, vary or suspend the operation or contract of sales if events occur which are in the nature of force majeure including (and without prejudice to the generality of the foregoing) fire, floods, storm, technical failure, plant breakdown, strikes, lock-outs, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the company and the the company shall not be held liable for any breach of contract resulting from such event.
Australian Consumer Rights
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au.
Additional item-specific warranty disclaimers:
The Company will not cover specific warranty claims on products including, but not limited to, the following (unless required under the Australian Consumer Law):
TRAMPOLINES AND TRAMPOLINE ACCESSORIES:
- Rips and tears in nets
- General wear and tear to pole protectors
- General wear and tear to Jump-Mat
Subscription Emails and Triggered Subscription Emails
By adding your email address to the subscription email field in our Subscription Email and/or Triggered Email marketing tools, you acknowledge and agree to have your email address added to our email database for marketing purposes. You can opt-out from our email database at any time by using the unsubscribe links in the marketing emails you receive, or by contacting us via email or phone.
Advertising and website errors:
The company takes all care to ensure products, features, and prices of current stock displayed are correct at all times. The company reserves the right to cancel and refund any purchase in full prior to dispatch for any reason including, but not limited to, errors in product description, advertised product price, or quoted shipping costs. In such cases the transaction may be cancelled and the full price paid will be refunded. Any such errors are unintentional.
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability.
We make every effort to ensure the accuracy of the information published in our catalogs, flyers, advertisements and on our Web site(s). However, the documents and graphics published may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented. All such documents and graphics are provided "as is" without warranty of any kind.