Terms & Conditions
The following Terms & Conditions were updated 10th May.
The term “HER.Kin” or “us” or “we” refers to HER.Kin The terms “you” or “the customer” refers to the user or viewer of www.herkin.com.au
The content of the pages of this website are for your general information and use only. They are subject to change without notice.
We do not provide any warranty or guarantee as to the accuracy, completeness or suitability of the information and materials found on this website for any particular purpose. You acknowledge that such information and materials may be incomplete and contain inaccuracies or errors, that your use of such information or materials is entirely at your own risk, and we expressly exclude liability from your use of such information or materials to the fullest extent permitted by law including but not limited to indirect and consequential liabilities.
Your use of any product or service available through this website is entirely at your own risk. It is solely your responsibility to ensure that any product or service available through this website is suitable for your use and compatible with your vehicle and that of any third party who you allow to use that product or service. We expressly exclude liability arising from your use or the use by any third party of products or services available through this website, including but not limited to indirect and consequential liabilities, to the fullest extent permitted by law.
We are not be liable to you or any third party in any way, to the fullest extent permitted by law, for any loss, damage or liability including but not limited to indirect or consequential loss or liabilities, that you or a third party may suffer as a result of your purchase, use or ordering of, goods or services from us.
Any liability we have to you which cannot be excluded shall be limited to either the replacement of the product or service in question or to the refund of the price you paid for the goods or services, at our sole discretion.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Use or reproduction without our express prior consent in writing is prohibited other than in accordance with the copyright notice, which is incorporated into of these terms and conditions.
Ownership of all trademarks reproduced in this website, which are not the property of, or licensed to us, is acknowledged on the website.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s) that link from www.herkin.com.au.
Because of the dynamic nature of technology and markets (e.g. exchange rate variations and other variables beyond our control), prices, versions, product details and availability for all goods on www.herkin.com.au are subject to change on a continual basis without prior notice. Purchase of goods from us does not include upgrades to or software updates to the goods purchased unless specifically included in the product description.
Descriptions and specifications of products shown on our website are taken directly from information supplied by manufacturers. Products are supplied as named and described. Where a product description is accompanied by an illustration of the packaging or product itself, that illustration is for illustrative purposes only and may not look absolutely identical to the product to be supplied.
Your use of www.herkin.com.au and any dispute arising out of such use of www.herkin.com.au is subject to the laws of the State of Victoria, Australia and the jurisdiction of the courts of that state.
All orders for products and services placed by you either online or by other means are offers subject to acceptance by us. We may at our discretion accept or reject orders, or advise you of our inability to process your order for any reason. We may send you an acknowledgement of receipt of an order, by e-mail or other medium (including telephone, fax or in person). Acknowledgement of your order is usually automatically generated and does not constitute an acceptance of the order. You should ensure that the information you submit in your order is accurate and complete.
We reserve the right to decline any order for any reason and to withdraw any quote or pricing at any time. Acceptance by you of a quote or work authorisation from us or payment of a deposit (if required) will constitute acceptance by you of these terms and conditions. In accepting these terms and conditions, you warrant that you have not relied upon any representations by us or our employees and agents which are not contained in these terms and conditions or in the quote or work authorisation, and you also warrant that you accept the quoted price. Acceptance may be given verbally over the phone or in writing. Receipt of your customer confirmation email shall also be considered acceptance of these terms and conditions and the quoted price.
Any additional work carried out or additional products supplied outside of the agreed order will be charged to the customer at our discretion in addition to the quoted price. Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled. We reserve the right to change a price for accepted orders for goods in exceptional or uncontrollable circumstances. If a price for an ordered item is corrected due to exceptional or uncontrollable circumstances, customers will be informed of the change before payment is processed and offered the opportunity to cancel the order.
We accept PayPal as a payment gateway which covers all major credit cards such as Visa, MasterCard, American Express, Discover card. We reserve the right to decline credit card payments (and/or request an alternative method of payment) at our discretion. If the card payment is declined by your issuer due to lack of funds available, we cannot hold goods against your order.
Credit accounts to businesses are not offered by us as a matter of course and are subject to application. Government customers can place official purchase orders on a credit account basis; purchase orders are subject to verification.
Title to all goods supplied by us does not pass to the purchaser until payment in full has been received.
Full payment for all goods and services supplied by at your request is required in the due time from date of invoice. If the invoice does not state a due time, the due time is twenty-eight days (28 days) from the date of the invoice. In the event payment is not made by the due date, we reserve the right to charge interest for late payment calculated daily at 4% above ANZ Bank base rate both before and after judgement. We may also charge collection costs (if incurred), including legal costs in relation to all overdue accounts. Australian GST is payable on packing/delivery charges.
Whilst we make every effort to deliver goods in the time frame we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this time frame. We cannot accept liability for out of pocket expenses or other costs incurred by you or by any third party due to failed or delayed deliveries or a lack of availability of the product or service ordered.
Where an incorrect address has been given with the order, or the courier is unable to deliver due to unavailability of anybody to sign for the delivery (they will leave an advice card in this case), or if you ask for the item to be redirected after we dispatch it, we will need to charge for any extra delivery costs incurred. We are not liable to you or any third party if an item goes missing due to changes in delivery instructions after the item has been shipped, or if you have given us an incorrect address and the item has been delivered and accepted at that incorrect address.
HER.KIN USES SECURE PAYMENT GATEWAY SYSTEMS SUCH AS PAYPAL. YOUR DATA AND INFORMATION IS COMPLETELY SECURE.
Returns, Refunds and Warranties
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
• If your goods arrive faulty or damaged, we will at our discretion either provide a full refund or dispatch replacement goods as soon as possible after the faulty goods have been returned to us and confirmed by us as faulty. Goods claimed as faulty or damaged on arrival must be returned to us within seven 7 days of receipt together with original packaging and receipt as proof of purchase in order to claim the refund or replacement. You must pay the cost of shipping the goods to us, but we will pay the shipping cost of replacement goods to you.
• If you wish to return goods because they fail to comply with the manufacturer’s warranties or the warranties under the Australian Consumer Law, please contact us on email@example.com and we will be able to advise you in regard to availability of a refund, exchange, repair agents or replacement of like product as appropriate depending on the product in question.
For goods which are not faulty or damaged, we will gladly exchange on full price, unmarked, merchandise returned to our online store within 14 days of the order date. If you receive your purchased and it is faulty or damaged you are entitled to a refund, as previously mentioned.
When placing an order, we strongly recommend that you choose carefully as we do not offer refunds for over ordering, incorrect ordering or a simple change of mind.
We do not exchange or refund any sale items unless your purchase is faulty or damaged.
If you do return an item for any of the above reasons we will provide you with a credit note or exchange on the returned items as long as the goods are unused, and it is returned within 14 days, this does not include any cost incurred by us for the cost of Postage / Freight to send the items to you or to have them returned to us.
Onscreen colours may appear slightly different, depending on your monitor settings.
WE DO NOT SHIP INTERNATIONALLY – AUSTRALIA ONLY
These terms and conditions govern the entire trading relationship between us and you and will remain in force until cancelled or amended.
We reserve the right to change these terms and conditions and all changes will be announced on our website and throughout social media.
Please feel free to contact us if you have any questions or need to know more information.