Business Terms and Conditions

Last updated: 17 May 2025

In these Business Terms and Conditions (Business Terms), “we”, “us”, “our” means KickAss Products Pty Ltd ABN 25 169 600 060 and its successors and assignees; “you”, “your” means the purchaser of products from us. By placing an order, you agree to be bound by these Business Terms.

1. Eligibility

You warrant that you are at least 18 years old, or you have the consent of a legal guardian who is at least 18 years old.

2. Accounts (optional)

• You may register an account to simplify purchasing and view order history.
• You are responsible for maintaining the confidentiality of your login and for all activity under your account.

3. Products and Ordering

• Orders may be placed via our website or in our retail stores. A binding agreement forms when we issue an order number.
• Please check product details, quantities, delivery address and pricing before submitting your order.
• We may correct errors or omissions (including pricing/description) and cancel an affected order. If cancelled after payment, we will refund you in full to the original payment method.

4. Pricing and Payment

• Prices are in Australian dollars (AUD) and include GST where applicable. Delivery/insurance are shown separately at checkout.
• Payment methods are listed at checkout. Do not use fraudulent or unlawful payment methods.
• Your order may be cancelled if payment cannot be processed.

5. Availability and Cancellation

• All products are subject to availability.
• If we cannot supply a product or there is a significant dispatch delay, we will contact you. You may choose a refund, store credit, or backorder. Where required by law, refunds include standard delivery fees you paid for that item.

6. Delivery

• Delivery methods, areas and timeframes are set out on our website. Items may ship separately.
• Address: Please provide a physical street address (we do not deliver to PO Boxes).
• Re-delivery: If delivery fails due to an incorrect/insufficient address, no-one available to accept delivery, or similar reasons, you may need to collect from a depot or pay re-delivery fees. If you decline, the order may be returned and refunded less shipping costs (unless otherwise required by law).
• Timing: Dispatch is generally within 2–3 business days unless otherwise noted. Stated delivery periods are estimates from carriers.
• Method: Deliveries may require a signature. If unavailable, a card may be left to arrange re-delivery/collection.
• Title & Risk: Title passes on full payment. Risk passes on delivery to the address you provide.

7. Promotions & Discount Codes

• Codes must be entered at checkout and used under the terms provided at issue. Expired or incorrectly entered codes cannot be applied.

8. Intellectual Property

• All intellectual property in our site, branding, product materials and content is owned by or licensed to us.
• You must not reproduce, adapt, distribute or use our materials for commercial purposes without our prior written consent.

9. Disputes

• Please contact us first with details of your concern so we can try to resolve it quickly.
• If unresolved, either party may refer the matter to mediation. If the parties cannot agree on a mediator, a mediator may be appointed by the Law Society of Queensland.
• This process does not limit your rights under the Australian Consumer Law.

10. Australian Consumer Law – Guarantees, Returns & Warranties

Your Statutory Rights: Nothing in these Business Terms excludes, restricts or modifies any rights and remedies you may have under the Australian Consumer Law (ACL).

Mandatory wording: 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 they fail to be of acceptable quality and the failure does not amount to a major failure.

• KickAss/Manufacturer Warranties: Additional warranties may be provided by us or the manufacturer and will be disclosed on our site or with your product. These apply in addition to your ACL rights.
• Returns Process: We may request proof of purchase and, where relevant, evidence of the issue. You may be asked to return goods for assessment. Except as required by law, you are responsible for return shipping costs.
• Assessment & Refunds: Refunds (when applicable) are processed to the original payment method after we receive/assess the goods or sufficient evidence of a major failure. We may deduct the value of missing parts or unreasonable damage not caused by the fault.
• Misuse/Unauthorised modification: Claims may be declined where goods are damaged by misuse, negligence, unauthorised modification or incorrect installation/charging, to the extent permitted by the ACL.

11. Limitation of Liability

• To the maximum extent permitted by law, and subject to your Statutory Rights, we exclude all warranties, representations and liability not expressly set out in these Business Terms.
• Subject to the ACL, our total aggregate liability arising in connection with the products or these Business Terms is limited to the amount you paid for the relevant products.
• We are not liable for indirect or consequential loss (e.g. loss of profit, data or opportunity), except where such liability cannot be excluded under the ACL.

12. Indemnity

You indemnify us against losses, costs and liabilities arising from your breach of these Business Terms or misuse of our products, except to the extent caused by our negligence, breach of law, or where the ACL otherwise provides you a remedy.

13. General

• Privacy: We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. See our Privacy Policy.
• Termination: We may refuse supply or terminate your account where you materially breach these Business Terms.
• GST: Prices include GST unless stated otherwise.
• Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices: Notices must be in writing and delivered by email or post to the contact details last notified by the recipient.
• Waiver: A failure to insist on strict performance is not a waiver of any right.
• Assignment: You must not assign your rights or obligations without our prior written consent.
• Severability: If any part of these Business Terms is invalid, the remainder remains in force.
• Jurisdiction: These Business Terms are governed by the laws of Queensland and the Commonwealth of Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland.
• Entire Agreement: These Business Terms, together with any document expressly incorporated, constitute the entire agreement regarding your purchase.

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