Terms and conditions
Last updated on 3 April 2020.
These terms and conditions (Terms) govern your use of the Krin Collective website located at [insert] (Website) and our supply of goods through the Website.
By using this Website, ordering any goods or services (Goods) through this Website, or otherwise engaging with the content on this Website, you:
(a) agree to be bound by these Terms; and
(b) represent and warrant that you are over 18 years of age,
as a binding legal agreement between you and us, PICH RATHANA NORNG ABN 13 361 377 047 operating under the business name KRIN COLLECTIVE (Krin Collective, our, we or us).
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
2. SUPPLY TERMS
2.1 OFFER TO PURCHASE
By submitting an order for purchase of a Good using the Website's functionality (Purchase Order) you represent and confirm that you:
(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(b) are authorised to use the debit or credit card included in your order.
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
We will endeavour to ensure that the Goods provided will be substantially the same as the Goods displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Purchase Order. Please note that due to changes in fabrics with our manufacturer, screen display, colour and brightness, and image quality, Goods may not exactly match the image on our Website.
(a) (Payment obligations) Unless otherwise agreed in writing:
(i) if Krin Collective issues an invoice to you, payment must be made by the time specified in such invoice;
(ii) in all other circumstances, you must pay for all Goods on or prior to Krin Collective dispatching the Goods for delivery; and
(iii) you must not set off any money alleged to be owing by Krin Collective against money due by you to Krin Collective.
(b) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Krin Collective, you must pay the GST subject to Krin Collective providing a tax invoice.
(c) (Card surcharges) Krin Collective reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(d) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
2.5 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
2.6 DELIVERY AND SHIPPING
(a) (Delivery) For Goods to be delivered, Krin Collective may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Krin Collective.
(b) (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
2.7 TITLE AND RISK
(a) (Title) Until the price of Goods is paid in full, title in those Goods is retained by Krin Collective.
(b) (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.
(c) (Failure to pay) If you do not pay for any Goods on or before the due date for payment:
(i) or you otherwise fail to comply with these Terms, and by the terms of sale credit has been extended to you, Krin Collective reserves the right to revoke such credit and demand immediate payment before any further shipment of Goods;
(ii) you must pay Krin Collective interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Krin Collective;
(iii) you authorise Krin Collective, its employees and agents to enter any premises occupied by you or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or any reasonable damage;
(iv) Krin Collective may at its option keep or resell Goods retaken from you; and
(v) if you sell Goods or items into which the Goods are incorporated before payment in full to Krin Collective, you acknowledge that such sale is made by you as bailee for and on behalf of Krin Collective, to hold the proceeds of sale on trust for Krin Collective, in an account in the name of Krin Collective, and you must pay that amount to Krin Collective on demand.
2.8 INTERNATIONAL ORDERS – CUSTOMS AND DUTIES
Krin Collective reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
2.9 RETURNS & EXCHANGES
(a) Returns and exchanges of Goods will only be accepted if you comply with the provisions of this clause 2.9, or we agree in writing to accept return of the Goods.
(b) (Proof of Purchase) As a condition precedent to us considering any refund, replacement, repair or exchange, you must be able to provide valid proof of purchase of the relevant Goods.
(c) (Change of size exchanges and change of mind returns within 14 days) If you have ordered Goods that are clothing goods that you would like to exchange for a different size, or you would like to return Goods, please let us know by emailing us details of your order and, if applicable, the size you would like instead within 14 days of your purchase. We will do our best to exchange the clothing for the new size you've requested and, if we are unable to do so, we will provide you with a store credit or refund (at our option).
(i) We offer exchanges (subject to stock availability) or refunds of products for change of mind where we determine (at our absolute discretion):
A. you have provided the proof of purchase and you purchased the products within 14 days prior to the request for an exchange or refund;
B. the products are in their original condition and have not been used, worn, damaged, tampered with, washed or altered;
C. the products are in their original undamaged packaging with all product tags still intact;
D. the products are not sale items, custom-made, special buy products or gift vouchers; and
E. where applicable, a return and exchanges form has been completed and a return authorisation number issued to you.
(ii) We will not cover the costs of delivery or re-delivery for a change of mind return or change of size exchange and you must cover these yourself.
(d) (Faulty Goods) The following process applies to any Goods you believe to be faulty.
(i) If you believe your Goods are faulty, please contact us using the details provided on our Website with a full description of the fault (including images if possible) within a reasonable time after you receive the Goods. Krin Collective will not refund or exchange Goods after more than a reasonable time after purchase.
(ii) If we determine that your Goods may be faulty, we will request that you send the Goods back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Goods. We reserve the right to further inspection before deeming Goods faulty.
(iii) If we determine in our reasonable opinion that the Goods are not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Goods back to you at your cost.
(iv) Upon inspection, if we determine that the Goods are faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 2.9 in respect of faulty Goods, we may, in our absolute discretion, issue only a partial refund or no refund in respect of such faulty Goods.
(vi) Nothing in this clause 2.9 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
3. USE OF THE WEBSITE
3.1 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
3.2 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Krin Collective;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Krin Collective, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
(iv) instigating or participating in a denial-of-service attack against the Website.
3.3 INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
3.4 INTELLECTUAL PROPERTY
(a) Krin Collective retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Krin Collective or as permitted by law.
3.5 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility.
(b) We have no control over the content of the linked websites and we are not responsible for it.
(c) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
Krin Collective does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
3.7 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
4. LIABILITY, WARRANTIES AND INDEMNITY
(a) (Limitation of liability) To the maximum extent permitted by applicable law, Krin Collective limits completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any goods or services provided by Krin Collective to $100 (AUD).
(b) (In transit) Claims for loss of or damage to Goods in transit must be made against the carrier.
(c) (Warranties) Goods sold by Krin Collective will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(d) (Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(e) (Indemnity) You agree to indemnify Krin Collective and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives':
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any Goods or services provided by Krin Collective.
(f) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Krin Collective be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by Krin Collective (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
5. COLLECTION NOTICE AND PRIVACY
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.
7.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
7.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
7.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
By using this website you agree to be bound by the terms and conditions set out on this webpage. If you do not accept these terms and conditions, you must refrain from using this website.
This website is owned and operated by PICH RATHANA NORNG ABN 13 361 377 047 operating under the business name KRIN COLLECTIVE (referred to in these terms and conditions as 'we', 'us', or 'our').
1. INTELLECTUAL PROPERTY
Unless otherwise indicated, all materials used on this website (including text, graphics, logos, icons, sound recordings and software) are subject to copyright, trade mark or other intellectual property rights that are owned or licensed by us. You may only access and use these materials for non-commercial or personal use, except to the extent permitted by law or where you have received prior written approval from us.
We make no warranties or representations about this website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this site.
3. EXTERNAL LINKS
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
We may change these terms and conditions at any time by updating this webpage and your continued use of the website following such update will represent an agreement by you to be bound by the terms and conditions as amended.
Your use of the website and these terms and conditions are governed by the laws of New South Wales.