TERMS AND CONDITIONS
Welcome to Kim An Pty Ltd. These Terms and Conditions (the “Terms”) set out the terms which apply when you access our website, www.kiman.com.au, (the “Website”) or place orders to purchase any of the products made available to you on the Website.
By accessing this Website or when you place orders to purchase any of the products on the Website, you agree to be bound by these Terms.
If you have any questions, complaints or comments, please contact us. If you do not agree to these Terms, you must not use our website in any manner.
Disclaimer
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the Website for indefinite periods of time or cancel the service at any time, without notice to you.
To the extent permitted by law, we make no representation or warranties of any kind with respect to any of our products sold on the Website. You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
While we do our best to ensure the Website is accurate and complete, we do not guarantee the accuracy or completeness of the Website or any information on it. We also disclaim any responsibility for the accuracy, legality or completeness of any information provided by third party manufacturers or any representations made by them.
The information and statements contained on the Website are not intended to diagnose, treat, manage or cure any disease or medical condition in any manner. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other party's medical condition.
Through your use of the Website, you agree to indemnify, defend and hold harmless Kim An Pty Limited and affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from all liability for any damage, loss or costs incurred (whether direct, indirect or consequential), or criminal or civil charges, in connection with your use of the Website or your use of, or reliance upon, any of the information and content on the Website.
These Terms shall be governed by the laws of New South Wales, Australia. You agree that any dispute under these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Changes to Terms
We reserve the right to change or modify these Terms for any reason at any time. The current version will always be shown on the Terms and Conditions page of our Website, however it is your responsibility to check the Terms for changes. If you do not agree to any of the Terms, then you can simply stop using the Website at any time.
The Ordering Process
When you place an order via our Website, your order constitutes an offer to us to buy the products you have selected from the Website. All orders are subject to availability and to acceptance by us.
After you have placed your order and your payment has been processed, we will provide you with an order confirmation by email. This email does not constitute acceptance by us of the order. It also does not guarantee that the product(s) you ordered is/are available. The email merely is confirmation that we have received your order.
We reserve to right to refuse to accept an order for any reason.
When we have dispatched your product(s), we will send you an email which shall constitute our acceptance of your order, at which point a binding contract of sale of goods will be concluded between you and us.
We reserve the right to refuse to process, or accept, part or all of your order at any time at our sole discretion in circumstances such as the following:
- In the unlikely event that a product is unavailable.
- Where we decide to supply you with less than the quantity of product you have ordered.
- In the event that we are unable to obtain authorisation for payment or where we suspect fraudulent activity.
Your Obligations
In consideration of your use of the Website, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the registration form (“your information”) and
- maintain and/or update your information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future orders from the Website.
You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. Your information is private and is securely held by us in strictly in accordance with our privacy and security policy which can be found here.
Resale of a Product
You may not sell or resell any of the products purchased from us or any samples that you may receive from us without prior consent from us.
Prices and Payment
The price of a product shall be as stated on the Website in Australian Dollars. We try and ensure that all prices on our Website are accurate but errors may occur. If we discover an error in the price of a product you have ordered for any reason, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. In those circumstances, we will inform you of the correct price as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel the order, no payment will be taken; or if payment has already been taken, it will be refunded.
The available methods of payments are displayed on the Website at checkout. You have the option of making payment through an EFT transfer to us or of using a third party platform to process your payment. This payment will be debited from your account at the point you confirm your order. If you are making a payment through EFT transfer, your order will not be accepted until the funds have cleared in our account.
You confirm that the payment credentials being used are yours or you have the authority to use the payment credentials. Your payment credentials will be subject to validation checks and authorisation by our payment processing provider. Fraudulent payment credentials will be reported to the relevant authorities. If your financial institution refuses to authorise payment, we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges imposed on you by your financial institution as a result of our processing of your payment in accordance with your order.
Shipping
We work with a number of delivery partners and courier companies in order to deliver worldwide; in some cases this may be handed to a third party to ensure remote areas can be accommodated. Your order will be delivered to the delivery address provided by you during the checkout process or as updated through our Customer Care team after your order is finalised.
Delivery is to a ground floor; if the delivery is in a multi-story building the delivery company will not travel past the ground floor front door.
The shipping costs and shipping times are calculated based on the size and weight of your order and its destination. Each product on our website will state the estimated dispatch time. Typically, items listed on the website will be dispatched from our warehouse within 24 to 72 business hours. We will send you an email to let you know when your item has been dispatched by us or if we anticipate delays.
The delivery price and options for each order will be displayed during the checkout process, prior to payment and is included in the total price of your order. You agree to pay any shipping and handling charges presented to you at the time you make a purchase.
Changes made by you to the delivery address or delivery time after placing an order may incur additional charges, which we reserve the right to request to add to your original delivery charge.
Shipping Policy for International Destination Orders
We reserve the right to refuse delivery to specific locations for any reasons including where we deem certain items are at high risk of loss or damage, and also areas that are inaccessible with standard courier and delivery services. When you place an order on the Website, during the checkout process, you will be given an option to purchase insurance for the delivery of your order. This insurance is provided by your chosen courier company and is managed by them. We do not have any active role in this process. We strongly advise you to purchase insurance for your order.
As we do not have any control over the international delivery process including the destination’s domestic postal service, we do not accept liability for any delay, loss, theft or damage to the products after it has left our warehouse. You therefore agree that by purchasing products from our Website, you accept that we are only responsible for the picking, packing and dispatching of your products.
We are also unable to accept liability if your parcel is not able to be delivered to you for any reason. Please contact your chosen delivery company to claim any loss, theft or damage to the products during delivery or claim for the non-delivery.
You agree that you will be liable for additional costs, or any customs tax or duties imposed at the destination country.
Unfortunately, we cannot be liable for any delays in delivery where orders have been held back by the destination country’s customs and will not be liable to refund or replace any product affected or damaged by the delay, or non-delivery, caused by customs.
Returns and Cancellations Policy
We want you to be happy with your purchase, therefore in the event that you change your mind, you can return products to us, provided that:
- You notify us in writing within 7 days upon receiving the product;
- The product and packaging is in its original condition;
- The product has not been used or damaged;
- The product is in re-saleable condition; and
- The product is not an Excluded Item (see below).
In the event that these conditions are not satisfied, we reserve the right not to offer a refund for change of mind returns.
Refunds for change of mind cannot be offered, under any circumstances, for:
- Products advertised on the website as being non-refundable.
- Any medicines.
- Baby Formula.
- Vitamin Supplements.
- Any perishable products.
For change of mind returns, you are responsible for the cost of sending the product back to us. We recommend you use a tracking service as we will not be liable for any damage to or loss of your parcel. All change of mind returns are subject to a 20% restocking fee, which will be deducted from any amount we refund to you. Refunds will be made back to your original payment method without exception.
You may also cancel your order provided it has not been dispatched from our warehouse. All cancellations will incur a 15% restocking fee which will be deducted from the amount refunded to you.
We may also accept returns for products under the following circumstances:
- The product is faulty or is of unacceptable quality;
- The product is not doing what it is supposed to do;
- The product is unsuitable for its intended purpose;
- The product is unsafe; or
- The product is significantly different from its description on the website.
Where a product falls under the above category, please email us as soon as reasonably possible so that we can assess the product. We may request further evidence such as photographs of the product(s). Where we require a product to be returned to us, we will reimburse you for the reasonable shipping costs of returning the product to us. Where a refund is eligible, we will make the refund to your original payment method without exceptions.
If any of the requirements in this policy is not strictly adhered to – for example, a faulty product is not faulty or has been damaged by neglect or misuse, or a product is not a resaleable condition – we will not provide you with a refund. We will also not be able to return the product to you.
Contact us
Please contact us if you have any questions or concerns or comments regarding the terms and conditions by emailing kimanptyltd@gmail.com
Privacy and Security
Privacy Policy
We (Kim An Pty Limited) are committed to maintaining your privacy in accordance with the Australian Privacy Principles (AFPs) and the Privacy Act 1998 (Cth). This document sets out our privacy policy and briefly explains what personal information we collect through www.kiman.com.au (our Website), how we collect, store and manage the information and the circumstances under which your information is disclosed and shared. Please read the following carefully and contact us if you have any questions, concerns or complaints regarding this policy. By accessing our website, including when you place orders on our website, you consent to the collection, use and disclosure of your personal information in the manner specified in this policy.
We may update our Privacy Policy from time to time. Any changes to the policy will be reflected on our website.
Information we collect
We collect and process the following information about you:
- Details you provide to us when setting up your account on our Website such as your name, address, email address and phone number;
- Details of orders you place on our Website and of the fulfilment of your orders;
- Payment transaction details;
- Information you provide by filling in the order form on our Website, including recipient name, contact details and billing and shipping address; and
- If you contact us, we may keep a record of that correspondence.
How we use your personal information
We collect your personal information so that we are able to fulfil any orders you place on our Website and to contact you, where necessary, in connection with the fulfilment of your order including. We will use your information to:
- accept and process your order;
- contact you in the event of any changes to your order;
- deliver your order;
- obtain payment verification and authorisation and collect payment for your order;
- verify your identify when you contact us;
- provide any refunds; and
- address any queries, feedback or complaints you communicate to us.
We do not use your personal information to provide you with any marketing communications or to conduct any product or market research. We also will not share any of your information to a third party marketing provider. Your personal information will not be shared, sold, or otherwise disclosed other than as described in this privacy policy.
Disclosure of your personal information to a third party
We may disclose your personal information to third parties as we deem necessary from time to time in order to carry out our business activities or legal obigations, including, not limited to:
- Any service provider we engage to carry out our business functions and activities (such as the fulfilment of your order, including, but is not limited to, couriers, payment processors and data entry service providers);
- Organisations that are involved in a transfer or proposed sale of our business or assets;
- Any body to which we are required by law or regulation or government or judicial request to disclose such information.
We make all reasonable endeavours to ensure that any organisations which we disclose your personal information will protect the privacy of your personal information and use it only for the purpose under which it is disclosed.
Disclosure of your information to our suppliers and transborder disclosure
In order to offer our high level of service and extensive range of quality products to you, we have a number of commercial agreements with different suppliers. Where we are contractually required, we will provide to certain suppliers and/or their associated entities your information and other data relevant to your order when you purchase products from that supplier. We make all reasonable endeavours to ensure that any supplier we provide your information to will use, store and dispose of your information in compliance with the Privacy Act 1988 (Cth).
In the event that our suppliers are required to transfer your information to a related entity overseas, our supplier will endeavour to ensure that the related entity overseas will use, store and dispose of your information in compliance with the Privacy Act 1988 (Cth).
By placing an order on our Website, you expressly consent to your information being provided where required to our supplier and its related entities.
Data Security
The information provided to us and/or collected by us will be stored on secure servers located in New South Wales, Australia where it is protected from unauthorised access, modification or disclosure not consistent with this privacy and security policy.
Where we need to disclose your personal information to a supplier, service provider or other agent or contractor, we endeavour to ensure they are using the personal information only for the specific purpose that we have provided it and in compliance with the Privacy Act 1988 (Cth).
We will take reasonable steps to destroy or de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed in accordance with the Privacy Act 1988 (Cth) and in any event, no longer than five years.
We use SSL software to protect your details when you place an order on our Website. For your added security, all payment transactions are processed by a third party payment platform, and we are not privy to your personal credit card or bank details. We will not have access to your payment credentials and will not hold any of these details on our server. Where we have given you a password to your account, it is your responsibility to keep this password confidential.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will take all reasonable measures to ensure the security of your data we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk.
Changes to this privacy policy
We may amend this privacy policy from time to time. All amendments will take effect once they have been posted on the website and your acceptance of the changes will be assumed by your usage of the website.
Contact us
Please contact us if you have questions, concerns or comments regarding anything in the privacy and security policy by emailing kimanptyltd@gmail.com