1. Acknowledgement and Acceptance
1.1. These Terms and Conditions ("T&Cs") govern your access and use of our website (located at www.kappa.com.au) and related services including the ordering, purchase and delivery of products from our website and subscriptions to our e-newsletter (collectively, our "Website").
1.2. In these T&Cs, Accent Group Limited (us, we, our) (ABN 85 108 096 251), including its successors, assignees, associates and related bodies corporate (defined in the Corporations Act 2001), unless otherwise stated.
1.3. Access and use of our Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out herein. You should read these thoroughly before using our Website.
1.4. By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these T&Cs and that:
(a) you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these T&Cs; and
(b) you are not a competitor of Kappa and are not using our Website for reasons other than their intended purposes.
1.6. Kappa reserves the right to amend the T&Cs at any time and without notice to you. Kappa may change the T&Cs from time to time, and your continued use of the Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. You may access the most recent version of our T&Cs through the link provided on our Website.
2. Obligations and Permissions
2.1. You agree that you are responsible for your access to and use of our Website and for ensuring that any persons that may access the Website through your internet connection is aware and compliant with these T&Cs.
2.2. You represent and warrant to us that your use of our Website will comply with all applicable laws and regulations in the governing jurisdiction of these T&Cs and in your State/Country and overseas wherever you access our Website and otherwise where applicable and that you will not use our Website for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does or may violate the rights of others.
3.1. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, product images may vary from the delivered product depending on your monitor or screen, settings and computer equipment.
3.2. Unless otherwise stated, any additional products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the product title and description before purchasing anything from our Website.
3.3. All orders are made subject to availability. Whilst we use our best efforts to ensure that products are available for delivery, there may be some circumstances where products are unavailable.
3.4. Where we cannot fulfil your order or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order or reject part of your order on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date (or an alternative product).
3.5. We cannot provide rainchecks for products ordered online. In respect of any products we well, we reserve the right to limit the sale of products to reasonable or normal household quantities.
4. Pricing and Payment
4.1. Unless specified otherwise, prices displayed on our Website are shown in Australian dollars (AUD) and are inclusive of GST. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this Website.
4.2. Displayed pricing may not include delivery charges (if applicable). Please read our Delivery Information webpage for more information regarding delivery charges.
4.3. Prices of products, as well as delivery and any other charges displayed on our Website are current at the time of issue, but may change at any time and are subject to availability. All pricing on our Website is available online only, and is not transferable in-store, or vice versa, on occasion where pricing differs between the two.
4.4. If your order is to be delivered outside Australia, then you are responsible for any export, import and other taxes or duties that might be applicable in order for you to receive your purchase.
5.1. Except in the instance of payment via AfterPay (when available), full payment for your purchase is required at the time of placing your order. Payment is charged/debited at the end of the complete check-out process.
5.2. We accept payment via VISA, MasterCard, American Express, PayPal, and Afterpay. You must comply with the applicable T&Cs of these providers. We reserve the right to vary our accepted payment methods at any time without notice.
5.3. 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, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
5.4. If you choose to make your payment by AfterPay, you understand and agree that we are not liable for any fees or additional costs charged to you by AfterPay and that such costs are your responsibility.
6. Orders and Pre-Orders
6.1. Any order placed by you in the manner described in this Website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified on this Website at the time you place your order.
6.2. Kappa reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this Website, or an error in your order. We also reserve the right to request identification from you, including photo ID or any other such documentation for verification purposes before we allow your order to be processed.
7. Cancellations and Refunds
7.1. Once your order has been placed you cannot cancel the order. Please note that we are unable to cancel an order or stop an order from being dispatched at your request.
7.2. Please read the Returns & Exchanges Policy contained within this Website for refund details. Our Returns & Exchanges Policy outlines the circumstances in which a refund will be available to you.
8.1. Please read the Delivery Information contained within this Website.
9. Risk and Title
9.1. Products will not be dispatched until full payment has been received. Title in the products will pass to you upon delivery of the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
10. Correction of Errors
10.1. While we take care to ensure that the content on our website is accurate and complete, there may be typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. We reserve the right to amend any typographical errors, inaccuracies or oversights and to correct or update content on the website or cancel orders at any time without prior notice where an error has occurred. If we cancel an order because of our error on the website, we will provide you with a full refund. If you believe that there is a typographical error, inaccuracy or oversight on this website please contact us.
11. Fraud Protection
11.1. Kappa carries out activity to prevent fraudulent orders and payments. A representative from Kappa may contact you as part of this protection process. In order to verify the legitimacy of an order and payment we may ask you certain questions or request copies of your identification.
11.2. If Kappa determines, in its discretion, that an order is potentially fraudulent, we may suspend your order and will not dispatch any products until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed. Kappa retains the right to cancel any order on the basis of an order being fraudulent or potentially fraudulent.
11.3. If you believe you have been a victim of a fraud
Please contact our Fraud Protection Officer by emailing us at firstname.lastname@example.org Please ensure in your email subject includes “ATTN: Fraud Protection Officer” so we can prioritise and escalate your email appropriately.
11.4. While Kappa endeavours to prevent fraudulent orders and payments, we hold no liability for any loss you may suffer, including costs or delay, due to any suspicion of fraud or actual fraud.
12. Promotions & Sale
12.1. From time to time, Kappa may hold promotions such as special offers and discounts in-store or online at our Website. These promotions may be provided across both our in-store and online channels, but may also be limited to in-store or online channels only. Please note that promotions in-store may be different to promotions online. We recommend that customers check the terms of each promotion in order to avoid disappointment.
12.2. 15% Off First Order is available for 1 month from date of sign up. This Offer is available online only at www.kappa.com.au. Offer is valid online and applies to Full Price and Sale items. 15% Off First Order will be applied at checkout online when the unique code is applied. Offer is subject to availability and while stocks last. Due to the high volume of demand and if website difficulties are experienced Kappa cannot guarantee the availability of stock. Offer cannot be used in conjunction with other Offers, redeemed against prior purchases and is not available on lay-by. Offer is not available on the purchase of gift cards/eVouchers. Promotion may be extended or changed at Kappa’s discretion.
12.3. Black Friday | 25% Off Soccer Boots is available until 24/11/2023 11:59pm AEDT. Offer available online at www.Kappa.com.au. Offer applies to styles found under https://kappa.com.au/collections/soccer. Prices are as marked. Offer is subject to availability and while stocks last. Due to the high volume of demand and if website difficulties are experienced, Kappa cannot guarantee the availability of stock. Offer cannot be used in conjunction with other offers, redeemed against prior purchases and is not available on lay-by. Offer is not available on the purchase of gift cards/eVouchers. Promotion may be extended or changed at Kappa’s discretion.
13. Intellectual Property
13.1. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (“Our Content”), contained on or in our Website are owned by, or licensed to Kappa, and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
13.2. Except as permitted under relevant intellectual property laws, no part of our Website or Our Content may be copied, reproduced, republished, performed/presented in public, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise (including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Kappa.
13.3. Kappa grants you a limited, revocable, non-exclusive right to create a hyperlink to www.kappa.com.au or share our content via social media for the purpose of promoting Kappa or our products and services, provided that that authorship is attributed to us and the link or content does not attempt to mislead, defame or provide false information about Kappa or suggest any form of association, approval or endorsement by Kappa where none exists, or portray Kappa in a negative, derogatory, offensive, harassing, illegal or otherwise inappropriate manner. Kappa may revoke this licence at any time without notice.
13.4. This clause survives termination of these T&Cs.
14. Third-Party Content
14.1. Our Website may, from time to time, contain links to and from websites which are owned or operated by other parties, or contain embedded content hosted and controlled by third party providers. Our links to and embedded content of third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We are not responsible and do not accept any liability for any information on, or the privacy practices of, any third party websites, nor do we accept any responsibility for any loss or damage to you that may arise from your use of these third party websites.
15. User Content and Your Content
15.1. At times you may be able to provide, contribute, upload and publish (collectively, “Publish”) your own data, content or materials (“User Content”) to, or through, our Website and associated websites (eg. our Blog, Facebook page, etc). User Content could include text, images, information, or comments, Published via email, comment, blog, enquiry, social media platforms, third-party partnerships and plug-ins, or other means.
15.2. You own any User Content that you Publish on the Kappa Website (“Your Content”). Other users own any User Content they publish to the Kappa Website. Kappa reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.
15.3. Your Content must not include:
(a) content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements)
(b) content that reveals private information, such as your or another person’s identity; or sensitive information, including names, email addresses, phone numbers or addresses.
(c) content that infringes, or could possible infringe, the rights (including intellectual property rights, copyrights and trademarks) of others.
(d) content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.
15.4. You are personally responsible and liable for Your Content. By uploading and publishing Your Content you acknowledge that it does not contain any confidential information, and may be seen by others.
15.5. You are not entitled to any payment or compensation from Kappa for our use of Your Content, or any User Content.
15.6. You can request removal of any User Content you Publish at any time by emailing us at email@example.com Please ensure the subject line of your email is “ATTN: Online Content Manager – User Content”.
15.7. You can report violations of the third-party and user content terms byemailing us at firstname.lastname@example.org Please ensure the subject line of your email is “ATTN: Online Content Manager – User Content”.
16. Unauthorised Access and Malicious Content
16.1. Kappa does not represent that any information (including any file) obtained from or through the Website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
16.2. To the maximum extent permitted by law, Kappa will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information or by any malicious or harmful programs, scripts or technologies that may affect our Website, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material. You agree to release us from any such liability. To the extent that any liability may be imposed on Kappa, it shall be limited to the cost of re-supplying that information.
16.3. You must not attempt to, or actually, gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You agree that you will not cause harm to our Website or Services by hacking, phishing, introducing viruses, Trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website, Services or other users.
17. Limitation of Liability
17.1. To the maximum extent permitted by law, Kappa will not be liable for any losses or damages whatsoever (including for death, injury or illness), whether in contract, tort or otherwise, arising from the use of, or reliance on, information, comments or opinions contained on or obtained through our Website.
17.2. To the maximum extent permitted by law, Kappa excludes all liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any, use of the information on or access through our Website including if for any reason our Website is unavailable at any time or for any period.
17.3. Kappa will in no way be liable for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the Website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Kappa has been advised of the possibility of such damages.
17.4. You understand that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Website, that you will be responsible for those consequences.
17.5. Where any legislation implies in the T&Cs any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the T&C’s, however, the liability of Kappa for any breach of such term, condition or warranty shall be limited, at the option of Kappa to any one or more of the following:
(a) If the breach relates to goods:
(i) the replacement of the goods or supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) If the breach to relates to services:
(i) the supplying of the services again; or
(ii) The payment of the cost of having the services supplied again.
17.6 This clause survives termination of these T&Cs.
18. Disclaimer of Warranty
20.1. Kappa provides this Website in good faith on an “as is” basis and use of any content of the Website is at your own risk. While we aim to update our Website regularly, neither Kappa, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website. We reserve the right to restrict access to parts of our Website or the entire Website, change or withdraw any products, information or content featured on this Website without notice.
18.2. To the extent permitted by law, including non-excludable statutory obligations, none neither Kappa, nor any of its employees or agents will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this Website. To the extent permitted by law, Kappa expressly disclaims all warranties of any kind unless expressly stated on this Website or unless implied or required under the Australian Consumer Law.
18.3. This clause survives termination of these T&Cs.
19. Release and Indemnity
19.1. You agree to release and indemnify and hold Kappa and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Website, or a party acting on your behalf or arising out of your breach of these T&Cs, or your violation of any law or the rights of a third party.
19.2. This clause survives termination of these T&Cs
20.1. Waiver: Any failure or delay by Kappa in exercising a power or right (either wholly or partially) in relation to these T&Cs does not operate as a waiver or prevent Kappa from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these T&Cs.
20.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these T&Cs as a result of any fact, circumstance or matter beyond our reasonable control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Kappa will not be held liable for any delay or failure in performance of any part of our services to you.
20.3. Assignment: You must not assign any rights and obligations under these T&Cs whether in whole or in part without our prior written consent.
20.4. Severability: If any part of these T&Cs is determined by a court of competent jurisdiction, to be invalid or unenforceable, that part shall be severed from the T&Cs. Such invalidity does not affect the validity of the remaining provisions of these T&Cs. This clause survives termination of these T&Cs.
20.5. Termination: Kappa may terminate these T&Cs in our absolute discretion, at any time and without notice to you.
20.6. Relationship: These T&Cs do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Kappa and you or any other party unless expressly stated otherwise.
20.8. Jurisdiction: These T&Cs are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and its appellate courts. Although the Website may be accessed throughout Australia and overseas, we make no representations or warranties that its content complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these T&Cs.