Terms and Conditions

Kalimba Dream

A.B.N. 47 741 567 979

Kalimba Dream is located in the suburb of Forest Lake in Brisbane, Australia.

Definitions

“Customer” means you and all other persons who purchase the products, and, as the context requires, includes any person browsing the Kalimba Dream website, including the online ordering system, who is not registered or recognised customer of Kalimba Dream.

“GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1999.

“Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.

“Login” means a Customer’s personal email address and password used to access the Kalimba Dream website and online ordering system under that Customer’s registration.

“Products” means the products for sale in the Kalimba Dream website and online ordering system.

“Kalimba Dream website” means this internet site owned by Kalimba Dream, being the medium by which Products are offered for sale online by Kalimba Dream to the Customer.

 

Use of the Kalimba Dream website and online ordering system subject to terms and conditions

Your access to, and use of, the Kalimba Dream website and online ordering system is subject to the following terms and conditions. By using the Kalimba Dream website and online ordering system you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through the Kalimba Dream website and online ordering system constitute legal offers to purchase, and are capable of being accepted by Kalimba Dream without any further reference to the Customer.

Privacy

Refer to the Privacy Policy which forms part of these Terms and Conditions of Use.

 

Information on Website

Publishing information about a product on this website does not ensure its availability. Products are advertised subject to availability. Price information is subject to change without notice.  While Kalimba Dream has endeavoured to ensure that the information provided on the Kalimba Dream website and online ordering system is free from error, Kalimba Dream warrants its accuracy, adequacy or completeness, and no member of Kalimba Dream shall be responsible or liable for any error in, or omission from, the information provided on the Kalimba Dream website and online ordering system.

We reserve the right to make changes to the information provided on the Kalimba Dream website and online ordering system at any time and without notice.

Kalimba Dream is not liable to you or anyone else if errors occur in the information on this website or if that information is not up to date.

 

Disclaimer

Your use of the material contained on this website is at your sole risk. Any information and data is provided on an as is basis and excludes any warranties which may be excluded by law. Kalimba Dream reserves to itself the right to change any of the material on this website at any time.

 

Governing Law

The laws of the State of Queensland and the Commonwealth of Australia govern this website. This Website may be accessed throughout Australia and overseas. Kalimba Dream makes no representations or warranties that the content of this web site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this web site from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

 

Refund Policy

Refer to the Refunds & Returns Policy which forms part of these Terms and Conditions of Use.

 

Online Ordering

Kalimba Dream takes great care with fulfilling your orders. If you have any issue with your order please contact us immediately so that we may assist you.

 

Pricing

The Customer shall pay Kalimba Dream for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is fulfilled.

Kalimba Dream may vary the prices of the Products at any time without notice.

The prices of Products are displayed in United States Dollar currency (USD).

The prices of the Products are inclusive of taxes, where applicable.

 

Product Availability

Every effort will be made to fulfil orders placed with Kalimba Dream’s website and Kalimba Dream’s online ordering system, but no member of Kalimba Dream shall be liable to any person if Kalimba Dream is unable to or declines to supply a Product for any reason whatsoever.

Unless otherwise agreed, Customers may not purchase Products through the Kalimba Dream website and online ordering system for the purpose of resale.

 

Specials

Specials are subject to availability while stocks last. Kalimba Dream’s website and Kalimba Dream’s online ordering system, does not allow back orders for specials that are out of stock.

 

Payment

Customers must pay Kalimba Dream for the products purchased. Kalimba Dream’s website and Kalimba Dream’s online ordering system accepts credit cards and Paypal for payment.

If a Customer’s credit card is declined by its financial institution, fulfilment of the relevant order will not be made.

Kalimba Dream reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

Customers are liable for every order

 

Adjustments

If a Customer is invoiced an incorrect amount for any Product ordered, Kalimba Dream shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.

 

Change to Payment Policy

Kalimba Dream may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.

 

Variation/Cancellation of Order

The Customer may vary or cancel the order up to the point in time that Kalimba Dream has shipped the order from our warehouse/s by contacting Kalimba Dream here. If the Customer wishes to cancel the order after the order has been shipped, the Customer will need to pay the full amount owing.

 

Suspension and Termination

Kalimba Dream may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through the Kalimba Dream website and online ordering system for any reason whatsoever.

 

 

Warranties

All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of any member of Kalimba Dream other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that no member of Kalimba Dream assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer’s risk.

 

Product Liability

The liability of Kalimba Dream whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Kalimba Dream’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

No member of Kalimba Dream shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer’s use of, or inability to use, the Kalimba Dream website, or the failure to fulfil any Products.

Notwithstanding any other term, the Customer agrees to indemnify each member of TRS against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of Kalimba Dream, arising directly or indirectly out of the Customer’s use of the Kalimba Dream website, any breach of these terms and conditions, or the delivery or failure to deliver any Products.

 

Intellectual Property

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Kalimba Dream website, Kalimba Dream’s online ordering system, the Kalimba Dream brand, promotional items and its contents is owned by, and shall at all times remain the exclusive property of Kalimba Dream, its licensors and the providers of any other products and services accessible through Kalimba Dream Online Shopping, and is protected by Australian and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to the Customer.