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TERMS AND CONDITIONS OF USE

KINGSIZE BIG & TALL LTD's ("KINGSIZE BIG & TALL" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on KINGSIZE BIG & TALL.COM.AU We recommend you should keep a copy of the TOS for future reference.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16, you must let your parent or guardian know about KINGSIZE BIG & TALL's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.

REGISTRATION

To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address sales@kingsize.com.au

You may also want to view our Privacy Policy. We may change registration requirements from time to time. 

ELIGIBILITY TO PURCHASE

In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the KINGSIZE BIG & TALL terms of eligibility, who have been issued a valid credit card by a bank acceptable to KINGSIZE BIG & TALL, whose applications are acceptable to KINGSIZE BIG & TALL and who have authorised KINGSIZE BIG & TALL to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. KINGSIZE BIG & TALL reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where KINGSIZE BIG & TALL feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability.

Please note that items in your shopping basket are not reserved and may be purchased by other customers.

PRICING POLICY

Prices shown on the Site are in Australian AUD $ and are inclusive of GST at the applicable rate unless you have selected an alternative country where GST is not chargeable, as indicated in the top left hand corner of the Site.

All prices and offers remain valid as advertised from time to time. The AUD$ price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.

If you are a customer whose credit card is not denominated in $AUD, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

COUPONS

Unless otherwise specified all coupons, vouchers and promotional offers are single use only.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and KINGSIZE BIG & TALL will be completed when we email you to confirm the goods have been despatched. The sale contract is therefore concluded in Perth Australia and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT

Payment can be made by Visa, MasterCard, BSB deposit, Paypal and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon submission of your order to KINGSIZE BIG & TALL. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to KINGSIZE BIG & TALL, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using DPS, a secure online payment gateway that encrypts your card details in a secure host environment. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple and secure KINGSIZE BIG & TALL uses Secure Socket Layer (SSL) technology. Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

INSURANCE AND DELIVERY

KINGSIZE BIG & TALL insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or anyone at that delivery address) is evidence of delivery and fulfilment by KINGSIZE BIG & TALL.

 If you have left / checked an ATL (Authority to leave) on your order, the responsibility for the goods passes to you as soon as the goods are dispatched from our premises.

Please note that we aim to dispatch all orders within 5 working days from receipt of order. Estimated delivery times are to be used as a guide only and commence from the date of receipt of order, KINGSIZE BIG & TALL are not responsible for any delays caused by destination customs clearance processes.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including KINGSIZE BIG & TALL Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by KINGSIZE BIG & TALL and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. KINGSIZE BIG & TALL tries to ensure that the information on this site is accurate and complete. KINGSIZE BIG & TALL does not promise that KINGSIZE BIG & TALL's Content is accurate, error-free. KINGSIZE BIG & TALL does not promise that the functional aspects of the Site or KINGSIZE BIG & TALL Content will be error free or that this Site, KINGSIZE BIG & TALL Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. 

NO COMMERCIAL USE

This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than KINGSIZE BIG & TALL, including advertisers. KINGSIZE BIG & TALL has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

YOUR RIGHTS

You have certain rights under the law. These include, in Australia:

  1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
  2. Certain remedies if a product is defective; and
  3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.

In addition to these rights : KINGSIZE BIG & TALL have a more liberal approach in recognition that our internet customers do not have the ability to see, try on or touch the product prior to purchase. Should you not be satisfied with the product for any reason, simply return the product with all it’s tags and packaging, unworn, undamaged to PO BOX 44 INGLEWOOD WA 6932.

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Consumer Affairs Department or Fair Trading Bureau.

LIMITS ON OUR LIABILITY

If KINGSIZE BIG & TALL breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and KINGSIZE BIG & TALL at the time of you placing your order, and KINGSIZE BIG & TALL despatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which beyond our reasonable control.

COMPENSATION

At our request, you agree to compensate us fully, defend us and hold us KINGSIZE BIG & TALL harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and KINGSIZE BIG & TALL as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of KINGSIZE BIG & TALL, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

GOVERNING LAW

The TOS together with all our policies and procedures will be governed by and construed in accordance the Australian law and the relevant courts of Western Australia will have exclusive jurisdiction.

 

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