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Returns and Cancellation Policy

Returns Policy

12. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
12.1 The Buyer must inspect the Goods on Delivery and must within forty-eight (48) hours of such time notify the Seller in writing at info@kyotodesign.com.au with photographic evidence of any evident defect/damage or shortage in quantity. The Buyer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Within 48 hours of written notification by the Buyer; the Seller may be responsible to return Goods via Post or Courier to Seller’s premises to inspect the Goods. A decision will be determined by the Seller upon a case by case inspection. Any written notification given by Buyer AFTER 48 ( forty eight) hours is the responsibility and cost of the Buyer to return the goods to the Seller for inspection.


12.2 Upon Goods being returned from Buyer to Seller, if Seller is unable to Re- Manufacture or Replace Goods at that given time; a full refund will be honoured to Buyer for the amount initially ordered and paid for, and could include any freight charges (dependent on individual Seller case inspection and decision of condition of Buyers returned goods)

12.3 Photographic evidence by Seller will be actioned, if required, for Delivery of Goods in Perth CBD areas or surrounding areas, as proof Goods have been delivered safely in excellent condition. This includes Buyer not present on site when Delivery takes place.

12.4 All risk and responsibility passes to Buyer if Goods are lost or stolen after Goods are dispatched /and or Delivery has taken place from Seller. Seller is NOT obligated nor responsible to Re- manufacture, Re-place or Re-order new Goods as Delivered Goods have been lost or stolen from Buyers possession. 

12.5 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

12.6 The Seller acknowledges that nothing in these terms and conditions purports to modify or exclude the NonExcluded Guarantees.

12.7 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Seller’s liability in respect of these warranties is limited to the fullest extent permitted by law.

12.8 If the Buyer is a consumer within the meaning of the CCA, the Seller’s liability is limited to the extent permitted by section 64A of Schedule 2.

12.9 If the Seller is required to replace the Goods under this clause or the CCA, but is unable to do so, the Seller may refund any money the Buyer has paid for the Goods.

12.10 If the Buyer is not a consumer within the meaning of the CCA, the Seller’s liability for any defect or damage in the
Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Buyer by the Seller at the Seller’s
sole discretion;
(b) limited to any warranty to which the Seller is entitled, if the Seller did not manufacture the Goods;
(c) otherwise negated absolutely.
12.11 Subject to this clause 12, returns will only be accepted provided that:
(a) the Buyer has complied with the provisions of clause 12.1; and
(b) the Seller has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Buyer’s cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

12.12 Notwithstanding clauses 12.1 to 12.11 but subject to the CCA, the Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Buyer failing to properly maintain or store any Goods;
(b) the Buyer using the Goods for any purpose other than that for which they were designed;
(c) the Buyer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Buyer failing to follow any instructions or guidelines provided by the Seller;
(e) fair wear and tear, any accident, or act of God.

12.13 Notwithstanding anything contained in this clause if the Seller is required by a law to accept a return then the Seller
will only accept a return on the conditions imposed by that law.

 

Cancellation Policy

16.1 The Seller may Decline or Cancel any requested Quote to which these terms and conditions apply at any given time for no reasonable reason.

16.2 The Seller may cancel any Order by giving written notice to the Buyer.

16.3 The Seller may cancel any Delivery at any time before the Goods are dispatched from the Seller / and or delivered by giving written notice to the Buyer. On giving such notice the Seller shall repay to the Buyer any money paid by the Buyer for the Goods. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.

16.4 In the event that the Buyer cancels Delivery the Buyer shall be liable for any and all loss incurred (whether direct or indirect) by the Seller as a direct result of the cancellation (including, but not limited to, any loss of profits).

16.5 Cancellation of orders for Goods made to the Buyer’s specifications, or for non-stocklist items, will definitely NOT be accepted once production has commenced, or an order has been placed.

16.6 “Change of mind” Order notifications by the Buyer to change Goods or cancel Order will definitely NOT be accepted once production has commenced, or an order has been paid and placed by the Buyer.