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Terms & Conditions

 

This website is operated by Konomi Brands Pty Ltd. Throughout the site, the terms “Konomi”, “KonomiMatcha.com”, “we”, “us” and “our” refer to Konomi Brands Pty Ltd. Konomi offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms of Service may be amended by us, from time to time at our absolute discretion, with no notice to you. When using any Konomi service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Service.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to acceptance of these Terms of Service.

Any new features or tools that are added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.

These Terms of Service will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Service and such invalidity or unenforceability will not affect the remainder of the Terms of Service which will continue in full force and effect.

For the purpose of these Terms of Service, “Content” means material such as text, software, images, audio and video, including links to that material.

Accuracy of Information

All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither Konomi nor its directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. Konomi will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

We attempt to be as accurate as possible in the description of products, however, does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

Limitation of Liabilities and Disclaimer of Warranties

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by Konomi of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). Konomi does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: (a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, (b) Konomi and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) Konomi does not warrant that your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) Konomi does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Konomi) will Konomi or its directors or employees be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that Konomi does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the maximum extent permitted by law, Konomi’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Konomi, to the following:

  • in the case of services supplied or offered by Konomi, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
  • in the case of goods supplied or offered by Konomi, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.

Indemnity

You agree to indemnify and hold harmless Konomi and its directors and employees against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.

Copyright

The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Konomi.

You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

All software used on this web site is the property of Konomi or its software suppliers and is protected by Australian and international copyright laws.

Trademarks

The Konomi logos are registered trademarks of Konomi. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

Your Account & Billing Information

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. In particular to register, you must provide your real name and email address. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Konomi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Konomi has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Right to Refuse

We reserve the right to refuse any order you place with us. Konomi may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Contributions

Konomi may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and Konomi disclaims any and all liability in connection with Contributions. Konomi assumes no responsibility for monitoring any Contributions, and does not endorse the information Contributions. Konomi is under no obligation to treat your Contribution as confidential.

Konomi may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.

By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Konomi a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:

  • use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
  • sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Konomi and any other party authorised by Konomi all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Konomi, you will execute and deliver to Konomi such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Delivery of Goods

Konomi uses Australia Post and/or other reputable courier companies to deliver physical goods. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the destination. Konomi is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with Australia Post or the courier company directly. Replacement of damaged or lost items is made at the discretion of Konomi.

Risk Of Loss

All items purchased from Konomi are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

GST

Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by Konomi are GST inclusive. Konomi will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act"). Tax invoice means tax invoice as defined by the Act.

Third party links and advertising

Certain content, products and services available via our Website may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Konomi are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.

Errors And Omissions

Konomi endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information

Returns & Refunds

Konomi will accept returns and process refunds in accordance with Victorian and Australian law. Returns are also accepted with prior approval from Konomi and must be with 14 days of invoice. The item must be unused and the packaging in new condition. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. Refund payments may take up to 7 business days to be received. Refunds are made at the discretion of Konomi.

Repairs and Warranties

If a product is faulty please contact us immediately so as to authorize a repair or replacement. If an item arrives and is faulty on arrival please contact us within 14 days so we can arrange a replacement or repair.

Changes to Terms of Service 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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