KI Entertainment Pty Ltd
ACN 078 764 191 ABN 85 078 764 191
Standard Terms and Conditions of Sale Issue - COS2 – 01/12/2000
(a) These terms and conditions will apply to any contract which may from time to time come into existence between KI Entertainment Pty Ltd (‘the Company’) and a purchaser of goods from the Company (‘the Customer’) and in the event of any inconsistency between these terms and conditions and any prior agreement or purported agreement or any terms and conditions in any purchase order received from the Customer, these standard terms and conditions will prevail.
(b) These terms and conditions are subject to variation by the Company from time to time. Notice of such variation will be given in writing to the Customer and such variation will be effective from the date upon which the Customer receives notice of such variation.
(c) No contract will arise between the Company and the Customer until such time as the Customer’s purchase order is accepted by the Company.
(a) Prices are subject to change without notice. Prices prevailing at the time of delivery will apply to the order. Sales tax, goods and services tax (‘GST’) and other government imposts will be shown as a separate amount on the invoice, if applicable.
(b) All prices are quoted including, GST or any other tax, levy, government impost, or the like imposed on the sales of goods.
(c) The Customer will indemnify the Company in respect of the GST paid and payable by the Company in respect of the sale of the goods and any service provided.
(a) Goods will be delivered during normal working hours to the address specified by the Customer.
(b) The Customer acknowledges that the delivery date given by the Company on acceptance of the order is a bona fide estimate only. The Company will not be responsible for any delay due to circumstances beyond its control, including but not limited to acts of God, strikes or lockouts.
(c) If a delay occurs due to circumstances beyond the Company’s control, the Company may, at its option, either extend the time for delivery for a reasonable period, or determine the contract and the Customer will not have any claim for damages relating thereto and the Company will be entitled to recover all sums owing to it in respect of deliveries made prior to such determination.
(d) If no shipping address has been specified or if for any other reason, not the fault of the Company, shipment cannot be made, delivery will be deemed to be effected by the setting aside by the Company of the goods at the Company's premises or by the placement by the Company of the goods in storage in the name of the Customer. In this event the Company reserves the right to charge storage fees.
(e) The Company reserves the right to make partial deliveries and to invoice for such partial deliveries as if they were separate order.
(f) All claims for faulty workmanship, shortages, damage or failure to supply goods in accordance with the Customer's orders must be made within 7 days of delivery of the goods. The Customer hereby acknowledges that the non-lodgment of a claim within seven (7) days of delivery of the goods is deemed to be an acceptance that the Customer has examined the goods and found no defect.
Goods unable to be supplied will be recorded as being on backorder unless advised otherwise by the Customer at the time of ordering. Backorders will delivered when available.
(a) Payment of the Company’s invoices must be made within thirty (30) days of the end of the month to which the invoices relate.
(b) If the Customer fails to pay the amount(s) invoiced when due, the Company is entitled to charge and the Customer is liable to pay interest on the overdue amount at the rate of 1.5% per month, such interest to be calculated daily. Any payment subsequently made will be credited firstly against the interest so accrued and thereafter against the principal overdue. The Company reserves the right to refuse to supply additional goods to any Customer whose account is 60 days or more overdue.
6. TITLE AND RISK
(a) Property in the title to the goods will not pass to the Customer until all amounts owing to the Company pursuant to any contract between the Company and the Customer have been paid in full. Unless and until property in the title to the goods has passed to the Customer, the Customer must not resell, pledge or give the goods as security.
(b) Until payment has been made in accordance with clause 6(a), the Customer will insure the goods against all usual risks. Any insurance claims in respect of damage or destruction to the goods is hereby assigned by the Customer to the Company. The Customer will indemnify the Company against all loss or damage to or caused by the goods however arising.
(c) Risk in the goods will pass to the Customer upon delivery to the Customer.
7. EXCHANGE POLICY
(a) Non music, demonstration cds/dvds, manager’s purchases or promotional products cannot be returned.
(b) Recorded music may be exchanged for any other recorded product at the same price but only after it has been held for a minimum of three (3) months, except seasonal product which may be returned in the month following the season.
(c) Any returnable product held for twelve (12) months or more from the date of invoice cannot be returned.
(d) Deleted stock cannot be returned.
(e) A completed return authorisation form (if applicable) must accompany an exchange order. Goods returned without the Company’s authorisation will be returned at the Customer’s expense.
(f) Goods returned in an unsaleable condition i.e. with stickers or price labels attached will attract a 15% surcharge.
8. EXCHANGE/FAULTY STOCK RETURNS
(a) A return authorisation form must be submitted to the Company containing the following information for product other than auto release and/or faulty stock:
- Customer account number
- Customer name and address
- catalogue numbers of goods to be returned
- product titles
- quantity to be returned
- date and number of original invoice
- original retail price when purchased
- discount upon purchase (if applicable)
Returns will not be authorised if these details are omitted or are not correct.
(b) On receipt of return authorisation form all the information will be checked and if correct returned to you. You may return a lesser quantity than indicated on the form but greater quantities that have not been authorised will not be credited. Any reduction in quantities being returned should be noted.
(c) Faulty stock returns can be authorised by telephone. Each faulty piece of product being returned must be clearly labelled with the exact fault and where it occurs.
(d) DVD’s or compact disks should not be returned if the case is damaged. The Company should be informed and you will receive a free replacement case with your next order.
(e) All returns must be properly packed and forwarded by Australia Post only. Freight for returns sent by couriers or other freight companies and charged to us will be debited to your account. The Company will only credit postage charges on product that is faulty.
Any notices will be in writing and will be taken as sufficiently served if delivered or sent by ordinary prepaid post or by facsimile or by email to the business address of the Customer of the Company.
10. APPLICABLE LAW
These terms and conditions will be construed in accordance with the law of the State of New South Wales for the time being in force and the parties hereto submit to the non-exclusive jurisdiction of the Courts of that State.
The failure of the Company at any time to require performance of any provision of these terms and conditions will not affect in any way the full right of the Company to require such performance at any time thereafter nor will the waiver of a breach of any provision hereof be deemed a waiver of the provision itself or any other provision
12. YOUR PRIVACY
Your privacy and confidentiality are of utmost importance to us and as such we commit to not pass your details on to any third party. Your details will be used exclusively for the processing of your order and to send you the information that you subscribe to in your account information. You can unsubscribe from our mailing list at any time via the link on the bottom of your email. Card details are handled by the trusted e-way payment services provider and details are not stored after the transaction concludes, ensuring a safe and secure online shopping experience.
13. TERMINATION OF ACCOUNTS
KI Entertainment reserve the right to remove the accounts of customers who:
- Are aggressive or rude to our customer care team, whether by email or phone.
- We suspect of copying and sharing resources illegally.
iii. We feel are misusing our services in any way.
All material on this website is has been provided to KI Entertainment for its use. Images, audio, text content or video may not be taken from the site and used by a third party without prior written consent.
15. VIEWING ORDER
Your transaction history and orders can be checked through your account portal. Simply log in to view your status, payment & order history.
16. UPDATING ACCOUNT DETAILS
You can easily update your account details by logging into your account. In the event you change your physical address or email address please update your account so purchase confirmation emails and delivery occurs correctly.