Terms & Conditions - YKTR The Mag

Terms & Conditions

  1. 1.  Acceptance of Terms of Use
    1. 1.1    The Terms of Use govern your access to and use of the Website, including any information, content or materials that are located on, form part of or are available through or in connection with the Website (Website Material).
    2. 1.2    By browsing, accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and warrant that you have read, understood and agree to be bound by the Terms of Use and any additional terms and conditions notified to you from time to time. The Terms of Use form a legally binding agreement between YKTR and you. If you do not agree to the Terms of Use, you must leave the Website and not access or use it again.
  2. 2.  Website Material
    1. 2.1     The Website Material is derived from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the Website Material. In particular, while care has been taken in creating this Website, YKTR does not warrant or represent that:
      1. 2.1.1     the Website Material is accurate, complete, up to date or suitable for any purpose; or
      2. 2.1.2    the Website itself is free from any computer viruses or other defects
  3. 3. Suspension of Service
    1. 3.1    No representation or warranty of availabilityYKTR does not represent or warrant that your access to the Website will be continuous or uninterrupted.
    2. 3.2    Suspension of service
      1. 3.2.1   YKTR may from time to time suspend operation of the Website..
      2. 3.2.2   Where possible, YKTR will place a notice in advance on its Website of the time and duration of any interruption to or suspension of the Website. YKTR does not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.
  4. 4. Your responsibilities
    1. 4.1   When using this Website, you must not:
      1. 4.1.1   infringe any intellectual property right (including copyright, database right or trade mark right) or the privacy of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
      2. 4.1.2   reproduce any Website IP (as defined under heading 6 below) without our express written permission, which we may grant or withhold at our absolute discretion;
      3. 4.1.3   seek reimbursement from any other person for access to the Website or on-sell any information obtained from the Website;
      4. 4.1.4   engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose;
      5. 4.1.5   submit, post, upload, email or otherwise send or transmit to the Website, or any user of the Website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website; or
      6. 4.1.6   interfere with the Website or the servers or networks underlying or connected to the Website or violate any of the procedures, policies or regulations of the Website or any networks connected to the Website.
    2. 4.2   You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of the Terms of Use.
  5. 5. SecurityWe use our reasonable endeavors to minimise viruses and bugs from infiltrating the Website, however, due to the nature of the internet, the Website may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.
  6. 6.  Intellectual Property
    1. 6.1 The entire contents and design subsisting in, relating to or arising out of the Website and available through or in connection with the Website including but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Website IP) are the intellectual property of us, our content providers or our licensors, with all rights reserved.
    2. 6.2 You must not, without our express written permission, do anything, or omit to do anything, which may infringe the intellectual property rights in the Website IP. This includes reproducing any part of the Website or Website IP other than for the purposes and subject to the conditions prescribed under the Copyright Act, or as otherwise provided in the Terms of Use.
    3. 6.3 Unless we agree otherwise in writing, you are provided with access to this Website only for your personal, non-commercial use. You are authorised to:
      1. 6.3.1 print a copy of any information contained on this Website for your personal use; and
      2. 6.3.2 store a copy of the Website Materials on your computer for the sole purpose of viewing the Website Materials, provided that you keep all copyright or other proprietary notices intact.
  7. 7.  Acceptance of risk and release from liability
    1. 7.1   Subject to clause 7.2, you are wholly responsible for your use of the Website and you use the Website at your own risk. To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Website.
    2. 7.2   You may have rights under the Australian Consumer Law in respect of any goods or services supplied to you under or through the Website. If so, our liability to you is limited to, at our election:
      1. 7.2.1   in the case of goods supplied to you by us, replacement of the goods or supply of equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods or paying the cost of having the goods repaired; or
      2. 7.2.2   in the case of services supplied or offered by us, the supply of the services again or paying the cost of having the services supplied again.
    3. 7.3   Otherwise, to the maximum extent permitted by law, neither YKTR nor any of its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients will be liable for any loss, damage, cost or expense (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any Website Material or otherwise as a result of or in connection with the use of this Website or any Website Material.
  8. 8.  Links to other websitesThe Website may contain links to third party sites. Access to any other internet site linked to the Website is at your own risk and we accept no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made in any third party sites. Linked websites are responsible for their own terms and conditions of use.
  9. 9.  Applicable law
    1. 9.1   The content, operation and interpretation of this Website and the Terms of Use will be governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales in the event of a dispute arising out of, or in connection with, this Website.
    2. 9.2   This Website may be accessed in Australia and overseas. YKTR makes no representation that the content provided by this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
  10. 10.  Changes to Terms of UseWe may change the Terms of Use at any time. If we do so, an amended version will be posted on the Website. Your continued use of the Website after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes, you must discontinue your use of the Website. You are responsible for keeping up to date with any changes by regularly reviewing the Terms of Use.
  11. 11.  Contacting usWe welcome any suggestions and comments you may have about your experience at YKTR. Please also contact us if you have any questions about our Terms of Use or any queries or concerns about this Website. Email                     [email protected]

ONLINE SHOPPING TERMS

These Online Shopping Terms contain important information about the ordering, purchase and delivery of goods sold online by YKTR to consumers, including limitations of liability. 

Please contact us (details above) if you have any queries about these terms.

  1. 1.  General
    1. 1.1   These Online Shopping Terms apply to the sale of goods by YKTR to you on the Website. You will be bound by the Online Shopping Terms when you submit an order through the Website.
    2. 1.2   Your rights under the Online Shopping Terms are in addition to, and do not in any way limit, your rights under the Australian Consumer Law which may not be lawfully excluded. All other terms, conditions, guarantees and liabilities which are not expressly included in these Online Shopping Terms are excluded.
  2. 2.  Placing orders
    1. 2.1   Orders placed through the Website are an offer by you to purchase the relevant item/s for the price specified on the Website (plus GST and any Delivery Fee) at the time the order is placed.
    2. 2.2   Each order placed is a separate contract between you and YKTR for the supply of items under these Online Shopping Terms. Items purchased are for personal and non-commercial use only.
    3. 2.3   We reserve the right to accept or reject orders placed with us. If we reject an order, we will let you know why within 5 business days and refund any money that you have paid us.
    4. 2.4   Although we make every effort to keep sufficient stock of items listed on the Website, occasionally we encounter unforeseen supply problems or sell out of certain products and sizes due to unexpected demand. If we are out of stock of an item that you have ordered, you will be notified by email. Refunds for out of stock items will be processed as quickly as possible, but may take up to three business days.
    5. 2.5   If we accept an order, that constitutes an agreement by us to supply the items in accordance with these Online Shopping Terms.
    6. 2.6   Where you place separate orders with us, these cannot combined into one.
    7. 2.7   Sale items are only available at the sale price during the relevant sale period.
    8. 2.9   Errors in ordering. If you made a mistake with your order, please contact customer service no more than 30 minutes after your order was placed by emailing [email protected] We will do our best to update your order before the items are shipped, but we cannot guarantee that this will be possible. However, you can return the items (subject to our returns policy – see section 5 below).
    9. 2.10   Item descriptions and sizing.You acknowledge and agree that:
      1. (a) computer resolutions and monitors may render colours differently to how they appear in real life;
      2. (b) you will check that the description and sizing of items is suitable for your needs before submitting any order; and
      3. (c) any accessories featured with items shown on the Website are for illustrative purposes only unless stated otherwise.
    10. 2.11   Website errors. We reserve the right not to honour incorrect offers on the Website that result from genuine human or system errors (including where an item’s description, price or image is inaccurate).
    11. 2.12   We take all reasonable steps to verify that the orders placed and payment details provided are legitimate. As such we have the right to cancel and refund your order if you do not fulfil the requirements of our online credit card verification. In such scenarios we will notify you via email or phone using the details you have provided.
  3. 3. Terms of payment
    1. 3.1   PricesAll prices are correct at the time of their online publication, but are subject to change without notice.All prices listed on this site are in Australian dollars (including GST), and charged to your credit card in Australian dollars. The bank that has issued your credit card determines the exact exchange rate at the time of purchase. To get an estimate of the current rate visit XE.com – Foreign Exchange Rate CalculatorPricing on this website may differ from prices available elsewhere.
    2. 3.2   Terms of PaymentItems must be paid for at the time of sale or they will not be shipped.We accept Visa, MasterCard credit card payments as well as PayPal payments. We do not accept personal cheques, money orders or direct bank transfers. Your account is charged once you click Complete Order at the check out.Only one credit card can be used for each order.
    3. We take all reasonable steps to verify that the orders placed and payment details provided are legitimate. As such we have the right to cancel and refund your order if you do not fulfil the requirements of our online credit card verification. In such scenarios we will notify you via email or phone using the details you have provided.
  4. 4.  Shipping
    1. 4.1   Australian domestic orders
      1. 4.1.1   Shipping times
        1. (a) Standard shipping under 500gStandard orders are charged at a flat rate of $10.00. Shipping times vary from 3-9 business days depending on your location. For more information or to track an order you have already placed with us contact email [email protected]
        2. (b) Shipping over 500gExpress orders are charged at a flat rate of $15.00. Shipping times vary between 3-9 business days depending on your location. For more information or to track an order you have email [email protected]
        3. Shipping times are also subject to clause 4.3 and 4.4 below.
      2. 4.1.2   General delivery informationAs deliveries are made by registered courier and require a signature upon delivery, we are not able to ship to PO boxes.If you are having your parcel delivered to a business address, please give all relevant details such as business name, level and/or suite number.Orders are delivered between 8am and 6pm Monday to Friday (excluding public holidays). Deliveries are not available on weekends.After your payment is authorised and verified, it can still take up to two days to process your order. This doesn’t include weekends or holidays.In the event that an item in your order is unavailable, the processing time may vary.You will receive a shipping confirmation email once your order is ready for shipping. If you have any queries about your delivery after the item has been shipped, please contact the relevant carrier directly with your order number.Risk and title to the items purchased by you on the Website passes to you when we provide the items to our delivery agent. 
    2. 4.2  International orders – shipped from Australia
      1. 4.2.1   GeneralWe ship internationally from Australia to the following countries:
      2. 4.2.2   Estimated shipping times for international ordersInternational orders are shipped with TNT. Subject to clauses 4.3 and 4.4 below, we estimate that it will take approximately 1 – 3 weeks from the date that your order is shipped for international orders to be delivered, depending on your location.International shipping is charged at a flat rate of $30.00. Delivery times are a guide only and YKTR accepts no responsibility for any loss or inconvenience suffered by customers due to any delays in delivery.See under heading 4.1.2 above for general delivery information.
      3. 4.2.3   Customs and import dutiesAll applicable customs and import duties and fees will be estimated and displayed at checkout – they will not be charged by YKTR. Some countries may require additional fees paid Collect on Delivery (COD). These fees are paid to the local carrier and are not collected by Australia.Customs authorities require that we state the value of your order directly on your order. Customs agents have the right to release or deny release of your order, and in unusual cases may delay delivery.
    3. 4.3   Sale periodsDuring busy sale periods, dispatch times for orders may vary up to three weeks. We will post regular updates on shipping delays on the website.
    4. 4.4   Delivery delaysYKTR is not liable for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to you or any other person that is caused by a change in the delivery timeframes set out above, or any delivery delays.
  5. 5.  Returns
    1. 5.1   ReturnsWe do not provide refunds unless an item is faulty. Delivery Fees are not refundable. 
  6. 6.  Liability and Indemnity
    1. 6.1   Necessary AuthorityIf you make purchases using the Website you acknowledge and warrant to YKTR that:
      1. 6.1.1   you have the full capacity and authority to engage in the transactions you undertake;
      2. 6.1.2   you will be liable for all costs, fees, charges and other amounts which may become due to OneTeaspoon as a result of the use of the Website;
      3. 6.1.3   you are properly authorised to provide YKTR with any information which you provide to YKTR and that you are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of personal information by providing the information to YKTR; and
      4. 6.1.4   all information you provide to YKTR is true and complete to the best of your knowledge.
      You must indemnify YKTR upon demand against the full amount (including legal costs on a solicitor and own client basis) of any costs, loss or damage suffered by YKTR as a result of a breach of any of these warranties.
    2. 6.2  No Exclusion of Australian Consumer LawYKTR acknowledges that under the Australian Consumer Law, certain conditions and warranties may be implied into these Online Shopping Terms and rights may be conferred upon you which cannot be excluded, restricted or modified. Nothing in these Online Shopping Terms, whether express or implied, shall be taken to exclude, restrict or modify any such non-excludable conditions, warranties or rights.
    3. 6.3  Limitation of Liability
      1. 6.3.1   Without limiting any other provision of these Online Shopping Terms, YKTRs liability to you is limited, at YKTRs option, to the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods or the payment of the cost of acquiring equivalent goods.
      2. 6.3.2   You agree and acknowledge that YKTR accepts no liability or responsibility arising for any indirect or consequential loss (including without limitation for loss of profit, loss of opportunity and any form of economic loss), damage or expense of any kind or nature. You release and forever discharge YKTR from any such responsibility and liabilities and any claims, demands or causes of action in respect thereof.
      3. 6.3.3   YKTR accepts no liability for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to you or any other person that is caused by inaccurate or complete personal information provided by you when signing up to the YKTR website or ordering products from us.
      4. 6.3.4   Any liability we have to you for loss or damage of any kind arising out of these Online Shopping Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
  7. 7.  Privacy 
    1. 7.1   When you place an order, YKTR collects your personal information to process and deliver that order. We may also use your information to contact you with information about us and our products and services (including promotions, special offers and events). Your consent to receiving this information will remain current until you advise us otherwise, but you can opt out at any time by contacting us (details below).
    2. 7.2   Your personal information may also be disclosed to our service providers for these purposes (including our delivery providers, marketing agencies, website operators and information technology providers), but it is not likely to be disclosed to overseas recipients. If you don’t provide the personal information requested, we will not be able to process your order.
    3. 7.3   Our Privacy Policy listed below explains:
      1. (a)   how you may access and correct the personal information we hold about you; and
      2. (b)   how you may complain about a breach of privacy and how we will deal with privacy complaints.
    4. 7.4   If you have any queries about privacy, please email us at [email protected]
  8. 8.  Definitions & interpretation
    1. 8.1   In the Terms of Use, unless expressed or implied to the contrary: 
    2. Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth). 
    3. Copyright Act means the Copyright Act 1968 (Cth).
    4. Delivery Fee means the fee charged for the delivery under clause 4 of the Online Shopping Terms. 
    5. GST means the goods and services tax imposed by the A New Tax System (Goods and Services Tax Imposition – General) Act 1999 (Cth).
    6. Personal information has the meaning given in the Privacy Act.
    7. Privacy Act means the Privacy Act 1988 (Cth). 
    8. Terms of Use means our Website Terms, Online Shopping Terms, Privacy Policy and any additional terms and conditions and notices displayed by us on this Website from time to time. 
    9. Website Material means any information, content or materials that are located on, form part of or are available through or in connection with the Website. 
    10. Website means this website, located at the URL www.yktr.com.au. 
    11. You and your are references to the person accessing or using this Website.
    12. 8.2   In these Terms of Use:
      1. 8.2.1   the word ‘includes’ in any form is not a word of limitation; and
      2. 8.2.2   unless expressed or implied to the contrary a reference in the Terms of Use to:
        1. (a)   a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them;
        2. (b)   a person includes a firm, partnership, joint venture, association, corporation or other corporate body;
        3. (c)   a person includes the legal personal representatives, successors and assigns of that person;
        4. (d)   ‘$’ or ‘dollars’ is a reference to Australian dollars;
        5. (e)   the singular includes the plural and vice versa; and a gender includes the other genders.
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