Kotes by Kobe Terms and Conditions
Welcome to www.kotesbykobe.com.au (“Website”). If you continue to browse and use this Website, you agree to and acknowledge that you have read, reviewed, accept and agree to the below Terms and Conditions (“Terms and Conditions”). The Website is owned and operated by Kotes by Kobe Pty Limited ACN 620 932 658 (“Kotes by Kobe”, “we” or “us”). Your use of the Website including all orders and purchases are conditional upon your acceptance and subject to compliance with the terms, conditions, notices and disclaimers set out below. Your use of the Website constitutes your agreement to these Terms and Conditions. You should check this page regularly for any changes we have made to the Terms and Conditions. Continued use of the Website following any change to these Terms and Conditions will be deemed acceptance of those changes.
Whilst every effort is made to keep the Website up and running smoothly, we will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website.
The content of the Website is for your general information and use only. It is subject to change without notice.
The information and content on this Website is not intended to be a substitute for professional veterinary and/or medical advice, diagnosis or treatment. Kotes by Kobe does not endorse any specific veterinarian, products, tests, procedures, opinions or any other information that may be mentioned on the Website. You should always seek the advice of a qualified veterinarian with any questions or concerns you have regarding your dog’s medical condition or a medical practitioner in regards to any questions or concerns you have in relation to your dog’s medical condition. You should not disregard information or advice of a professional veterinarian or medical practitioner or delay seeking it due to information on this Website. You rely on the information stated on this Website at your own risk.
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet the specific requirements of yourself and your dog.
The Website and its content are owned and operated by Kotes by Kobe Pty Limited ACN 620 932 658, Suite 7, 111-117 Devonshire Street, Surry Hills, New South Wales, 2010, Australia.
Unless otherwise indicated, Kotes by Kobe owns all copyright of the material on the Website or registered and unregistered trademarks used on the Website are the property of the respective owners. All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs and other intellectual property is owned, controlled by or licenced to Kotes by Kobe. Except for viewing the content of your personal non-commercial use, Kotes by Kobe does not grant you any rights to use the Website or content for any other purpose unless it expressly consents in writing.
Prices of products and delivery and other charges displayed on this Website are current and are subject to change without notice.
Any order placed by you in the manner described in this Website is an offer by you to purchase a particular product for the price (including the delivery, other charges and taxes) specified in this Website at the time you place the order. Kotes by Kobe reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or product description posted on this Website, or an error in your order. Your contract with Kotes by Kobe comes into existence once Kotes by Kobe forwards confirmation of your order and payment.
Order changes or cancellations
You cannot cancel or modify an order online once the checkout process has been completed. If there is a mistake in your order, please notify us immediately and quote your Order number and we will do our best to rectify any errors prior to processing your order.
Risk and title
Kotes by Kobe will retain title to the products you order until you have made payment in full for those products, however all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.
Returns, Refunds & Exchanges
You agree to the Terms and Conditions of Kotes by Kobe’s Returns, Refunds and Exchanges Policy set out on the Returns page, which you should read carefully.
You agree to the Terms and Conditions of Kotes by Kobe’s Shipping and Delivery Information set out on the Shipping and delivery page, which you should read carefully.
Disclaimer/Limitation of liability
Whilst the information contained in this Website is believed to be accurate and current, it is provided by Kotes by Kobe in good faith on an “as is” basis. To the fullest extent permitted by the applicable law, Kotes by Kobe excludes all terms, conditions and representations express or implied. Kotes by Kobe, its directors, officers or employees do not provide any warranty or guarantee that:-
- the accuracy, reliability, availability, timeliness, performance, completeness or suitability of the information and materials found on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law;
- access to the Website will be uninterrupted or error free;
- any defects will be corrected immediately;
- the Website will be free from viruses or other contamination;
Kotes by Kobe, its directors, officers or employees do not accept responsibility arising in any way (including negligence) for any errors in, or omissions from, the information contained in this Website.
Kotes by Kobe takes the upmost care in producing safe products for dogs, however cannot be held liable if harm or death is caused when wearing and/or using Kotes by Kobe products. Kotes by Kobe recommends that dogs are supervised whilst wearing and/or using Kotes by Kobe products.
Kotes by Kobe products are made with real dog fur. Persons who are allergic to dogs or are prone to allergies should take caution and/or seek medical and/or advice from a vet when they purchase a Kotes by Kobe product.
Your use of any information or materials on this Website is entirely at your own risk, for which Kotes by Kobe shall not be liable. You agree to indemnify, defend and hold harmless, Kotes by Kobe, its directors, officers, employees, consultants, agents and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to legal fees) arising from your use of this Website or your breach of these Terms and Conditions. You shall co-operate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Kotes by Kobe is not liable for any damages whatsoever including any special indirect or consequential damages resulting from loss of use of data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Website or the information contained in it. Kotes by Kobe does not warrant that the Website will be uninterrupted or error free.
You should seek independent advice before acting on any material or information contained in this Website or any link to a third party website and you must not provide warranties to third parties in relation to the contents or performance of this Website.
Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
If you breach the Terms and Conditions, failure by Kotes by Kobe to take action will not constitute a waiver of our rights and remedies arising from that breach and Kotes by Kobe will reserve entitlement to enforce their rights and remedies in relation to that breach or any other situation where you commit a breach of the Terms and Conditions. Any waiver of any provision of the Terms and Conditions will be effective only if it is in writing and signed by Kotes by Kobe.
Termination of Use
Kotes by Kobe reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to breach of the Terms and Conditions. The suspension or termination shall not affect either party’s rights or liabilities.
Kotes by Kobe may disclose any information it may have about a user in relation to an investigation or allegation that your use of the Website is in breach of the Terms and Conditions, or is in breach of law or regulation. Kotes by Kobe reserves its rights to identify or bring legal action against any person who is breaching these Terms & Conditions, including obtaining injunctive relief.
Kotes by Kobe accept no responsibility, and shall not be liable for, any damage to, or viruses that may infect your computer equipment or other property on account of your use of the Website.
You can adjust your browser settings and disable cookies and you can still use the Website, although it may limit the use of the Website or your experience.
You must not misuse the Website. You will not commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website, corrupt data, cause annoyance to other users; infringe upon the rights of any other persona’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website. Kotes by Kobe will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Other Websites and Links/Security
Kotes by Kobe is not responsible for the content of any website linked to and from the Website. Your linking to any other website is entirely at your risk. Kotes by Kobe does not take any responsibility for the content in, or currency of, any such links. All links are provided for convenience only and their inclusion does not suggest any endorsement of, or relationship with, any linked organisations.
You may download to a local hard disk or print extracts from this Website only for your personal use.
Revised Terms and Conditions
If any provision of these terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of the agreement, which will continue in full force and effect and the Terms and Conditions will be deemed to be amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal or unenforceable provision. The invalidity, illegality or unenforceability of any provision of the Terms and Conditions will not constitute failure of consideration.
The Website and its use are governed by the laws of the State of New South Wales, Australia. Disputes arising from your use of the Website are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
The Website may be accessed throughout Australia and overseas. Kotes by Kobe makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia.