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Keekï online – terms and conditions
The keekï online website at http://www.keeki.com.au (the “Site”) is a website where you (the customer) can gather information, browse, select and order products (“Products”) from keekï.
The Site is managed and operated by Keeki My Style Dandenong Pty. Ltd. ACN 163 976 832. References to “keekï”, “us, we or our” in these terms and conditions are references to Keeki My Style Dandenong Pty. Ltd., keekï stores, keekï distribution warehouse and any other entities associated with Keeki My Style Dandenong Pty. Ltd.
When you purchase Products using the Site, you are entering into a supply agreement with Keeki My Style Dandenong Pty. Ltd. ACN 163 976 832.
Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
Australian Sales and Delivery Only
We only sell Products within Australia and can only ship to a location where we can provide a delivery service. We do not make deliveries outside of Australia.
By using the Site you agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
You agree not to use any data listed on the site for commercial purposes e.g. through price comparison or information plagiarism.
Capacity to place orders
You must be eighteen (18) years of age or older to place orders on the Site. If you are under 18, you may use the Site only with involvement/approval of a parent or guardian.
Should keekï suffer any damage or other losses as a result of a transaction entered into by a minor, keekï reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with keekï.
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In order to purchase Products using the Site you will be required to input certain information such as your name, delivery address, billing address, phone number and email address.
keekï may verify the information that you provide before accepting the creation of a new Account.
By using the Site, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.
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You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through the Site for a Product is an offer by you to purchase the particular Product for the price notified (plus the delivery and other charges and taxes) at the time you place the order from keekï.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so on the Site or by a keekï store.
No information on our website constitutes or should be deemed as an offer by us to supply any Products; however keekï will make reasonable efforts to supply the Product(s) to you. We will notify you that your order has been received by sending you an order confirmation (“Order Confirmation”) at the time that your order is placed; however, your order will not be processed until full payment has been cleared and received by keekï. keekï will not have accepted your order until you have been notified that keekï has accepted your order. keekï may undertake internal validation procedures for verifying the bona fides of your order placed including for the purpose of preventing credit card or payment fraud, in order to determine whether to accept your order
keekï reserves the right to refuse service, terminate accounts, remove or edit content, reject or cancel orders at its sole, absolute and unfettered discretion.
We will confirm acceptance of your order when keekï contacts you by email confirming acceptance of your order, and the final delivery fee.
keekï will use its best endeavors to contact you within 2 business days of your order being placed to advise whether your order has been accepted.
If we cannot process or accept your order after payment is received we will contact you by email or telephone and arrange to refund your payment or if you prefer, issue a keekï credit voucher for your next purchase. keekï will contact you using the email address or telephone number provided by you when you created your Account, and we will not be responsible for these details being incorrect. Please add the keekï email address in your contact address book to ensure emails are not sent to SPAM or blocked by your firewall.
keekï currently accepts PayPal, Visa, MasterCard and keekï gift cards only.
Payment processing will not begin until we receive all the information we need to process the order. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Public Holidays (these may differ depending on specific State or Territory).
We process credit card and PayPal payments after you click the “Submit My Order” button.
If we are unable to successfully process your credit card or PayPal payment for your order, then we may cancel your order.
If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
For credit card and PayPal payments your tax invoice which will be provided to you in hard copy at the time that your order is delivered or collected by you (“Tax Invoice”) is your proof of purchase.
Please note that we are unable to accept credit cards issued by banks outside of Australia, and you may be required to provide further identification for additional security reference checks.
The prices and availability of Products displayed on the Site will be based on the prices and availability of such Products at the keekï stores.
Prices are subject to change by individual keekï Stores, and do not include display accessories or other options (except as specifically stated on the Site). All prices quoted are in Australian Dollars and unless otherwise indicated, are exclusive of GST. Prices are exclusive of freight and handling fees, which are payable by you.
keekï reserves the right to change prices for Products displayed on the site at any time.
keekï reserves the right to correct any errors or misprints relating to Products displayed on the Site (included after such Products have been ordered).
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Although every effort is made to deliver your order according to the estimated delivery times provided, estimated delivery times may change due to changes in supply, warehousing locations, public holidays or circumstances beyond our control. Approximate delivery dates will be advised by keekï in good faith, these dates are APPROXIMATE only, and are NOT GUARANTEED. keekï shall not be liable for delays resulting from events not in keekï gallery’s control – eg. Fabric delays, strikes, lockouts, overseas shipping delays, change of manufacturer’s schedules, etc.
Products ordered through the Site will only be delivered to a location where we can provide a delivery service. You may receive multiple deliveries for your order.
If your Product has not arrived within 5 (five) business days after the estimated delivery time, please contact keekï online customer service. We are unable to accept responsibility for missing goods if you do not report a missing delivery within the specified timeframe.
keekï will make reasonable efforts to deliver your Product according to the estimated delivery times and payment processing identified at checkout. Estimated delivery times are in business days and exclude weekends and public holidays.
A keekï representative or our delivery coordinator may need to contact you via telephone or email to arrange a delivery date and timeframe for certain products.
The delivery fee for your order will depend on:
(a) the type of Product you order;
(b) how far you are from the keekï distribution warehouse; and
(c) how many people are required to carry the product items to the room you require them in.
At the time of placing your order online, you will be advised of and charged the delivery/shipping fee.
You may have the option of picking up a Product directly from the keekï distribution warehouse (for larger items) or the keekï store that is responsible for fulfilling your order. If this option is available, and you select it, then any delivery fee will be adjusted accordingly.
Pick up of Products may only occur once all relevant Products have been paid for in full and funds have cleared with keekï. You should not attempt to pick up any Products until you have spoken to a keekï representative who has confirmed that the relevant Products are available for pick up, and that payment for the relevant Products has cleared.
Failure to pick up products or take delivery of goods beyond 21 days from the date of contact by our Dispatch Department will result in this document/sales order being cancelled and all monies paid will be forfeited. In addition storage charges will apply.
Due to the nature of bulky goods and the varying amounts of time required to assemble or construct the Products, order delivery times may vary from what is stated on the Site. A representative from keekï will call you to confirm delivery details and delivery timeframe.
You agree to comply with the delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
We recommend that you be present to accept the delivery of your order if you have paid by credit card.
We may require the person accepting the delivery of your order to:
(a) provide us with proof of identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
(b) where relevant, provide us with proof of consent to use that credit card.
If there is no one or no appropriate person (for example, above 18 years old) at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Product you have ordered. In this instance, we will endeavor to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery. Should keekï be required to store the Product pending a replacement delivery or pick-up, then you shall be liable for costs and expenses associated with such storage.
(a) acknowledge and agree that any person at the delivery address who receives the Product is authorised by you to receive your order; and
(b) will ensure that the person receiving the goods is over the required age as prescribed by law.
It is important that you provide a clear and unobstructed access area for the delivery of goods. Difficult access requires prior notice and additional delivery personnel may be required and additional delivery charges may result. Our delivery personnel will at all times be diligent and careful, but cannot be responsible for any accidental damage that may occur during the delivery process.
(a) your room is clear of existing furniture;
(b) access to the home is safe including pathways, driveways, walkways and the like;
(c) your floors are covered to prevent damage as our delivery personnel are required to wear foot protection at all times; and
(d) you notify us of difficult conditions so that we may make alternative arrangements for delivery, if required (this may be at an extra fee).
Please note that delivery fees do not include the hire or use of third party lifting aids.
You are responsible for the goods ordered, fitting into the intended area and through any passages and doorways that may have to be negotiated to their intended destination. In cases where the furniture needs to be disassembled, additional charges will apply. Furniture that needs to be disassembled and reassembled will incur a minimum cost of $250.00 plus any additional redelivery fees if the items delivered need to be returned to the keekï distribution centre. To avoid redelivery fees please advise keekï customer service in advance of any access problems.
keekï may advise approximate delivery times (such as lunchtime, late afternoon etc) in good faith however, keekï is not responsible for failure or delay of delivery. All customers shall accept delivery of goods within 14 days of notification that the goods are available for delivery unless a prior arrangement has been made. Where possible, storage can be arranged at your cost.
Ownership of the goods described in the order shall remain with keekï until all of the following events have been completed:
(a) Payment in full and without set-off of all monies in cleared funds; and
(b) Delivery of the goods.
If the customer refuses to accept delivery of the goods, they will be liable for all costs and charges arising from such refusal.
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the Products in that order are not available;
(b) there is an error in the price or the product description posted on the Site for the Product in that order; or
(c) we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavor to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (if applicable) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices quoted for the Products on the Site are quoted in Australian Dollars and unless otherwise indicated, are inclusive of GST.
The purchase price of each Product is shown on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in or across keekï Stores for the same Product, and keekï is not obliged to match any prices across different keekï Stores, or other retailers.
Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
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Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the Warranties and Refunds Guide at the ACCC website (www.accc.gov.au).
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Subject to this liability section, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of these terms and conditions. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Where any law implies in this agreement any term, and that law voids or prohibits provisions, which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Any implied warranty or guarantee is the responsibility of the relevant Product supplier, and not keekï.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
We will not be in default of any agreement nor be liable for any loss or damage which arises either wholly or partly from causes beyond our control including but not limited to strikes and industrial action.
We do not guarantee that the Site will be accessible at all times, or that access and use of the Site will be uninterrupted, secure or error free (other than as set out in these terms and conditions). We are not obliged to continue operating all or any part of the Site. We may modify or close this Site (or part of it) at any time without any liability.
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We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your Account if you breach these terms and conditions and:
(a) the breach cannot be remedied;
(b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
Notwithstanding the above, keekï may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your Account at its own discretion.
We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
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These terms and conditions may be different from order to order; we recommend that you read these terms carefully each time you agree to them during the ordering process.
We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that are published on the Site at the time you placed your order.
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We have implemented technical security measures to protect the content of electronic orders and other information sent through the Site. However, we cannot guarantee the security of the content of any order or any other information. We will not be liable for any loss or damage caused (whether negligently or otherwise) by any breach of security on the Site.
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If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these terms and conditions has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
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Risk in the Product passes to you upon the product leaving our premises for any reason including for delivery or pickup. Should the Product need to be returned to our premises in the event that a delivery was unsuccessful, risk in the product remains with you.
keekï shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of keekï, and keekï shall be entitled to a reasonable extension of time for the performance of such obligations.
Title in the Product passes to you when the Products have been delivered to you, or picked up by you (if applicable), and payment for the Products has cleared.
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keekï attempts to be as accurate as possible in its featured product descriptions, however, keekï does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. keekï will attempt to rectify any errors as swiftly as possible.
keekï reserves the right to change specifications, colours and materials shown on the Site without prior notice. Variations in natural timber finishes, marble finishes and leather finishes, including colours, vein and grain changes may occur and must be considered natural features of these products.
Reliance on the information contained or to be implied or inferred from the Site should be confirmed with the Product supplier. keekï does not guarantee or warrant the accuracy of the specifications and/or descriptions provided. Due to the character of natural products all dimensions and colours displayed are approximate.
Variations in product specifications and/or colour may also occur between batches due to differences in manufacturing processes and other variables outside of Keekï’s control.
The information on the Site is provided on the basis that everyone accessing the Site undertake responsibility for independently assessing the relevance and accuracy of its content.
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Keekï has taken great care and effort to ensure that product photos shown are an adequate representation of the original product. However the photos on this web site are meant to be samples only and are not intended to provide a perfect match to the actual product. Colours and photo size may vary based upon your screen resolution and other screen/computer settings outside of Keekï’s control. The photo may differ from the actual product due to reproduction limitations of the photograph and limitations of viewing photos at different resolutions, hue, brightness, contrast, and other screen variations.
Therefore, Keekï shall not be held responsible for any variation between the photos on this website and the actual product you receive, including but not limited to: Colour variation, grain variation, colour change, and character variation.
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There may be links on the site which direct you to a third party website owned and operated by another company other than keekï. The terms and conditions of those sites are individual to the site that you are visiting and should be reviewed and agreed upon in accordance with their terms and conditions. The terms and conditions will specify who you will be entering into a contract with on that site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. keekï does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
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Unless otherwise indicated, intellectual property in all information, data, images, logos and trademarks contained on the Site is owned by or licensed to us and all rights are reserved.
Except as required for the purpose of using the Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of the Site or its content, without our prior written consent.
You must not use any trademarks, service marks or logos which appear or are used on the Site without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trademarks, service marks or logos.
You must not create a link to any part of the Site (other than solely for your internal business purposes) without our prior written consent.
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We do not warrant that any data (including any file) obtained through the Site is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software.
We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through the Site.
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A provision in these terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of these terms and/or the inclusion of the provision concerned.
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- Your mykeekï vip membership is valid at keekï stores in Australia for two (2) years from the date of purchase. Mykeekï vip membership purchase price is $80.
- mykeekï cards are non-transferable and remain the property of keekï.
- To be eligible for mykeekï member benefits and rewards you must identify yourself as a mykeekï member before purchase, by presentation of the mykeekï card, or by quoting your mykeekï card number and/or name in store with identification.
- Membership and benefits of the mykeekï program are for the individual member only. mykeekï members are entitled to the following discounts:
(a) 10% off full priced keekï products (including when purchasing with keekï’s lay-by option);
(b) 5% off the price offered as part of any sale, specific offer, discount, promotion or clearance of keekï products;
(c) special discounts promoted from time to time (which would apply instead of the above mykeekï member discounts, unless otherwise stated).
- mykeekï member discounts are not available when purchasing keekï gift cards.
- mykeekï members are entitled to the following benefits:
(a) One (1) $30 birthday gift voucher per annum, the terms of which are as follows:
Birthday gift vouchers shall be emailed to the mykeekï member nominated emailed address.
• Birthday gift vouchers can only be used in whole against future purchases at keekï in store. No change or credit can be given on unused amounts.
• Birthday gift voucher is only valid for a period of three (3) months and no unused balance will be refunded or credited after expiry
• If a mykeekï card is lost, stolen, damaged or has expired, any birthday gift credit balance will be lost.
• Birthday gift voucher cannot be added to existing keekï orders, or added to an existing gift fund, or used to purchase keekï gift cards.
- Birthday gift voucher cannot be used during a sale/promotional night / event.
(b) One (1) free one (1) hour keekï Interior Decorator Service in store consultation.
(c) mykeekï vip members are also eligible to earn reward points for every dollar spent
- You must be a mykeekï vip member and present your card in-store with every transaction.
- For every dollar spent, you will earn one keekï reward point. Earn 200 points and you will instantly be rewarded with a $5 reward to spend in-store (not available for use online).
- Your mykeekï points will automatically be loaded into your account each time your purchase has been finalised. (Only on fully invoiced items). As soon as you reach 200 points, your $5 reward will accumulate in your account. Points can only be redeemed instore at this time.
- Once you have earned reward dollars, an email will be sent to your nominated email account advising of your available dollars which can be used instore. You are responsible to ensure that you have a current email account and have set your account to receive correspondences from keekï.
- keekï reward points are computer generated and cannot be recalculated or re-issued.
- keekï reward dollars are valid for two months from the date issued.
- keekï reward dollars cannot be redeemed in conjunction with any offer, voucher, layby, sales order or window promotion; including storewide sale/promotion period, cannot be redeemed for cash, credit or gift vouchers. Change cannot be given.
- Unfortunately keekï is not liable for any unredeemed rewards dollars.
- keekï reward points and keekï reward dollars and your rights under these terms cannot be sold, transferred or assigned. keekï reward dollars are not property and have no cash or monetary value.
- keekï may deduct from your mykeekï account any reward points or reward dollars that have been credited to your mykeekï account in error or as a result of an error, as well as any reward points or reward dollars which relate to an eligible transaction which has been cancelled, reversed, or which relate to a refunded amount.
(d) Invitations to special events, like exclusive sales and new season previews.
(e) Prior knowledge of Limited Edition products.
- mykeekï benefits and discounts are available immediately on purchase of membership.
- We will communicate with you by email to welcome you to mykeekï and send you reminders concerning your membership.
- As a mykeekï member you authorise keekï to send you marketing material concerning special offers, product information and other information relating to keekï. You can opt out of receiving marketing material at any time.
- It is your responsibility to provide keekï with your correct personal details, including any changes to them. keekï accepts no responsibility for a member not receiving any mykeekï communications if incorrect details are provided, or keekï is not notified of any change. keekï accepts no responsibility for late, lost or misdirected correspondence arising from circumstances outside of keekï’s control.
- A mykeekï member cannot cancel their membership for change of mind.
- keekï may amend the mykeekï benefits and discounts available or these terms and conditions from time to time.
- keekï shall use all reasonable efforts to communicate any changes on the keekï website.
- By accepting mykeekï membership you agree to these terms and conditions and any variation. You also agree to provide keekï with any changes to your contact details.
- keekï reserves the right to terminate the mykeekï program at any time without prior notice.
- Notwithstanding any other provision, mykeekï membership is at keekï’s discretion and we reserve the right to cancel a mykeekï card and cease communications without notice.
- keekï shall not be liable for any loss or damage suffered by members resulting from any termination of or changes to the mykeekï program, except for any liability which cannot be excluded by law.
- If you lose your mykeekï card, or it is damaged, keekï will replace the card for free unless you have sought an unreasonable number of replacement cards, in which case keekï may charge for replacement cards.
- mykeekï discount is not available in conjunction with any other membership offer.
- These terms and conditions apply to Store Vouchers, including, but not limited to, Social Media Vouchers and Credit Vouchers.
- Vouchers shall be emailed to the mykeekï member nominated emailed address.
- Vouchers can only be used in whole against future purchases at keekï in store. No change or credit can be given on unused amounts.
- Voucher is only valid for a period of three (3) months and no unused balance will be refunded or credited after expiry.
- Vouchers cannot be added to existing keekï orders or lay-bys, or added to an existing gift fund, or used to purchase keekï gift cards.
- Vouchers cannot be used during a sale/promotional night / event
- Vouchers are Not redeemable for cash.
- Any unused balance will not be refunded or credited when the voucher expires.
- Where the cost of the purchase exceeds the available balance, the voucher holder will be required to make up the difference with an alternate form of payment.
- Vouchers should be treated like cash. Keeki will not replace any lost, stolen or damaged vouchers.
- Voucher not available with any other offers or promotions.
- Voucher does not apply when purchasing sale or clearance items.
This Agreement is made on the date stipulated Item 1 of the Schedule. References in this Agreement to items are to items of the Schedule to this Agreement.
Keeki Hire Pty Ltd ACN 600 636 815 of 71 Frankston-Dandenong Road, Dandenong South Victoria 3175 (the “Owner” or “we” or “our”)
The person or persons stated in Item 2 of the Schedule (the “’Hirer” or “you”)
A. The Owner is in the business of hiring furniture and home wares and providing property styling services.
B. At the request of the Hirer, the Owner agrees to hire the goods as listed in Item 3 of the Schedule (the “Goods”) and to provide the property styling services as listed in Item 4 of the Schedule (the “Services”) at the premises as listed in Item 5 of the Schedule (the “Premises”) to the Hirer subject to the terms and conditions set out in this Agreement.
TERMS AND CONDITIONS
1. Formation of contract
1.1 A contract is entered into between the Owner and the Hirer when the Hirer accepts, either in writing or by conduct, order for Goods and/or Services pursuant to an order form.
1.2 If a quotation is issued by the Owner, unless withdrawn, the Owner’s quotations are open for acceptance within the period stated in them or, when no period is so stated, within seven (7) days only after its date. The Owner reserves the right to refuse any order based on the said quotation if such order is received after seven (7) days of the quotation from the Hirer.
1.3 The terms and conditions of the quotation, delivery docket or hire schedule (signed by the Hirer or not) provided by the Owner to the Hirer are incorporated into this Agreement.
1.4 The Hirer acknowledges that these terms and conditions constitutes the only agreement governing the supply of the Goods and/or Services to which it relates, and supersedes all previous communications and negotiations and agreements in connection with the supply of those Goods and/or Services.
1.5 Except as specifically provided in these terms and conditions, any terms in respect of the supply of Goods and/or Services contained in or relating to any other documents, including the order forms or any of the Hirer’s documents (even if they purport to provide that they prevail) are excluded. The Hirer acknowledges that these terms and conditions prevail over any qualification or condition purported to be imposed in any such other documents.
1.6 The Hirer will give the Owner at least seven (7) days’ prior written notice of any change in the Hirer’s name, address and/or any other change in the Hirer’s details including change in control.
2. Hire Period and Key Hire Terms
2.1 The commencement date of the hire period is the earlier of:
(i) The date listed in Item 6 of the Schedule;
(ii) The date you take possession of the Goods;
(iii) The date the Goods are delivered to the Premises;
(iv) The date the Services are provided to you;
2.2 The period of hire will continue for the minimum period of hire listed in Item 7 of the Schedule (“Minimum Hire Period“) or the later of:
(i) the date on which the Owner collects the Goods from the Hirer; or
(ii) the date on which the Owner accepts the return of the Goods from Hirer
whichever is the longer (“Hire Period“). The Hire Period includes all weekends and public holidays. If a fixed period has been agreed, the Hirer may only change the Hire Period with the Owner’s written consent.
2.3 Any extension to the Hire Period is subject to the Owner’s prior agreement and the Owner is not liable if for any reason whatsoever the Goods are not available for hire after the expiry of the Minimum Hire Period.
3.1 You must pay the Fees of the amount stated in Item 8 of the Schedule (“Hire Price”) to the Owner.
3.2 You must pay the Fees for the Goods for the Hire Period notwithstanding earlier return of the Goods or part of the Goods.
3.3 In the event the Goods are returned to the Hirer after the Minimum Hire Period, you must pay Late Fees for the Goods as calculated in your original signed quotation to the Owner until the Goods are returned to the Owner in accordance with this Agreement.
3.4 You must pay for the following costs and expenses, which are not included in the Fees:
(i) delivery, collection or installation costs and charges of the Goods;
(ii) cleaning or repair costs if the Goods are not returned in clean and good condition at the end of the Hire period;
(iii) stamp duty;
(iv) credit card charges.
3.5 You authorize the Owner to debit all fees and charges payable and due in accordance with this Agreement to your credit card or bank accounts, details of which must be provided by you upon signing of this Agreement.
3.6 If an amount is due under this Agreement but is unpaid, interest shall be due on the overdue amount at the rate of 1.5% per month, calculated daily from the due date until payment is received in full and if required, the Goods have been returned in accordance with this Agreement. The Hirer will be liable for all additional costs incurred by the Owner in recovering unpaid amounts including the cost of legal and or mercantile agent fees.
4. Delivery & Risk – Services
4.1 The Services may, at the discretion of the Owner, be made available independently of the supply of Goods.
4.2 Performance of the Services shall be at your risk at the Premises.
4.3 You shall make all arrangements to take delivery of the Services and it shall be your responsibility to provide access to the Owner to perform the Services, where necessary.
4.4 Time for performance of Services provided by the Owner shall be approximate only.
4.5 The Owner reserves the right to defer or delay the performance of the Services or to cancel the agreement if reasonably required to protect or preserve the Owner’s commercial interests and where if it is prevented from or delayed in the carrying on of the Services due to an event of Force Majeure.
4.6 You shall be present at the Premises when the Owner’s representatives perform the Services. Upon completion of the Services, you must sign the relevant documents confirming full satisfaction of the Services. You have a period of 24 hours to notify the Owner in writing of any alleged defect in respect of the Services from date of performance of the Services. If you shall fail to strictly comply with these provisions the Services and the workmanship pertaining to such Services shall be presumed to be to your satisfaction, free from any defect or damage.
4.7 The Owner is not responsible to you or any person claiming through you for any loss or damage due to, as a result of or caused by the Services of any kind by any person (whether or not the Owner is legally responsible for the person who caused or contributed to that loss or damage).
5. Delivery & Risk – Goods
5.1 The Goods are your risk when they leave the Owner’s premises.
5.2 Goods shall be delivered to the Premises or to be collected by you from the Owner’s premises for use at the Premises.
5.3 You must make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
5.4 In the event that you are unable to take delivery of the Goods as arranged then the Owner shall be entitled to charge a fee for storage and/or redelivery which shall include but is not limited to any costs incurred by the Owner.
5.5 The Owner may deliver the Goods by separate instalments or aggregate all Goods into one instalment.
5.6 You must take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be lesser than the quantity hired provided that the Owner informs you the delivery date of the remaining goods.
5.7 Any time for delivery provided by the Owner shall be approximate only.
5.8 The Owner reserves the right to defer or delay the date of delivery of Goods or to cancel the agreement or reduce the quantity of Goods ordered by you if reasonably required to protect or preserve the Owner’s commercial interests and where if it is prevented from or delayed in the carrying on of its business due to an event of Force Majeure.
5.9 The Owner is not responsible to you or any person claiming through you for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not the Owner is legally responsible for the person who caused or contributed to that loss or damage).
6.1 You shall inspect the Goods on delivery or at collection and immediately notify the Owner in writing of any alleged defect, shortage in quantity, damage or any discrepancies between the Goods and the quoted order. You must note such discrepancies at the time of delivery or collection by amending the relevant documents in the presence of an authorised representative of the Owner and such representative must sign the document.
6.2 If you shall fail to strictly comply with these provisions, the Goods shall be presumed to be free from any defect or damage.
6.3 If you have any queries or seek to enforce any of your rights pursuant to the Australian Consumer law, you are invited to contact:
Keeki Hire Pty Ltd ACN 600 636 815
71 Frankston-Dandenong Road
Dandenong South Victoria 3175
03 9791 5200
7.1 Upon return of the Goods, you must check the Goods and quantities returned. If there are any discrepancies between the Goods to be returned and the return docket, you must note them at the time of delivery or collection by amending the relevant documents In the presence of an authorised representative of the Owner.
7.2 In the event that the Goods are to be collected by the Owner from the Premises, you must provide the Hirer three (3) business days prior written notice by fax or email specifying the date proposed date of collection, name of a representative of the Hirer (who must be present), contact telephone number, and quantity and nature of Goods to be collected. The Owner will confirm the date for collection with you. Goods will not be collected until a written confirmation is provided by the Owner.
7.3 The Owner will endeavour to effect delivery and collection of the Goods at the times indicated by Hirer but will not under any circumstances be liable for any delay in delivery or collection or for failure to deliver or collect. Owner reserves the right at any time to refuse any carrier of the Hirer.
7.4 Goods will not be accepted for return other than in accordance with this clause 9.
The Owner may where reasonably required or necessary for the protection or preservation of its commercial interests cancel this Agreement or cancel delivery of Goods and/or Services at any time before the Goods and/or Services are delivered or performed by giving you written notice. On giving such notice the Owner shall repay to you such sums paid in advance in respect of the Hire Price relating to such undelivered Goods or unperformed Services. The Owner’s liability in respect of such cancellation is limited to the refund of monies paid.
9. Advertising and Promotional Materials
9.1 You agree that the Owner may leave advertising and promotional materials such as business cards and brochures at the Premises to promote the Owner or its related body corporate’s (as defined in the Corporations Act 2001 (Cth)) business.
9.2 You agree that the Owner may take still photographs and/or videos of the Premises, both before or after the performance of the Services and delivery of the Goods. For the avoidance of doubt, you agree that the Owner owns all copyright with no obligation to any payment or royalty to you in respect of such photographs and/or videos and has unlimited right to modify, use and reproduce the photographs and/or videos including in its advertising and promotional materials, website or print media.
10. The Australian Consumer Law, Fair Trading Acts and National Credit Laws
10.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Australian Consumer Law (being schedule 2 to the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the States and Territories of Australia except to the extent permitted by those Acts and these terms and conditions are deemed to be modified to the extent necessary to give effect to that intention.
10.2 The 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 for 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.
11. Exclusion and limitation of liability
11.1 The Owner makes no warranty and does not give any guarantee in respect of the Goods and/or Services other than the warranties and guarantees included by operation of law.
11.2 Any conditions and warranties imposed or implied by law are included only to the minimum extent required at law.
11.3 The Owner is not liable to you or any other person for any direct or indirect loss, including without limitation consequential loss, damage to persons or property, and death or injury, caused by any act or omission, including without limitation negligent acts or omissions of the Owner or of the Owner’s employees, servants or agents, except for any liability which cannot be excluded by law. In this clause 13.3, “consequential loss” includes, without limitation, loss of profit or goodwill (or similar financial loss), any payment made or due to any third party and any loss or damage caused by delay in the supply of Goods and/or Services. You indemnify the Owner against any claims made against the Owner by any third party in respect of any such loss.
11.4 Every exemption from liability and every right, defence and immunity of whatsoever nature applicable to the Owner or to which the Owner is entitled under this clause 13 is also available and extends to protect every employee or agent of the Owner (including every independent contractor from time to time engaged by the Owner) while acting in the course of or in connection with his employment or engagement, and for these purposes the Owner is deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be its employees or agents from time to time (including independent businesses) and all such persons are to that extent deemed be parties to the Contract.
11.5 Where a law provides that the Owner’s liability cannot be excluded, then to the maximum extent permitted by law, the Owner’s liability is limited to:
(i) in the case of Goods any of the following as determined by the Owner in its sole discretion:
(a) the replacement of the Goods or supply of equivalent goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing or of acquiring equivalent goods; or
(d) the payment of the cost of having the Goods repaired; and
(ii) in the case of Service any of the following as determined by the Owner in its sole discretion:
(a) the supply of the Services again; or
(b) the payment of the cost of having the Services supplied again.
11.6 You acknowledge that it is fair and reasonable for the Owner to rely on clause 13.5 above and this clause 13 is reasonably necessary to protect the commercial interests of the Owner.
11.7 The provisions of this clause 13 survive the termination of this Agreement between the Owner and you.
12. Default and Consequences of Defaults
(i) you do not pay an amount owing to the Owner when due in the manner required;
(ii) you breach any material term of a contract with the Owner;
(iii) any representation or warranty made by you to the Owner is not true when made;
(iv) you dispose of, or threaten to dispose of, the Goods;
(v) you or any of its officers is or becomes insolvent, bankrupt, commits an act of bankruptcy, enters into liquidation, in provisional liquidation, in administration, makes any arrangement with or assignment for the benefit of its creditors, or has a receiver or receiver and manager or similar officer appointed in respect of any of its property; or
(vi) any of the matters set out in paragraph (v) above is likely to happen in the opinion of the Owner,
(each an “Event of Default”), then the Owner may do one or more of the following:
(vii) require immediate payment of all amounts owing by you to the Owner;
(viii) immediately without notice take any steps to repossess the Goods;
(ix) immediately without notice terminate any contract between the Owner and you;
(x) immediately without notice suspend or terminate any supply of Goods and/or Services to you and any of the Owner’s other obligations to you under any agreement;
(xi) charge you reasonable interest on any overdue amounts;
(xii) charge you for all costs and disbursements incurred by the Owner in enforcing any of the rights pursuant to this Agreement and/or pursuing any overdue amounts including legal costs on a solicitor and own client basis and the Owner’s collection agency costs, which sum shall be added to your account and shall become immediately due and payable;
(xiii) add to your account and require immediate payment of all expenses incurred as a consequence of the actions taken by the Owner to recover amounts owing by you to the Owner.
12.2 A certificate signed by an authorised person of the Owner stating the amount owing by you to the Owner shall be conclusive evidence of your indebtedness to the Owner in that amount.
12.3 The Owner will not be liable to you for any loss or damage you suffer as a result of the Owner’s exercise of rights under this clause 14.
12.4 Termination of an agreement does not affect any accrued rights.
12.5 You acknowledge and agree that this clause 14 is reasonably necessary for the protection and preservation of the Owner’s commercial interests.
13. Termination and Access for Repossession
13.1 Without adversely affecting the Owner’s other rights and remedies, upon termination of this Agreement for any reason and/or upon expiry of the Hire Period:
(i) You must return the Goods immediately to the Owner;
(ii) You must provide the Owner with all reasonable assistance in locating and collecting the Goods; and
(iii) You acknowledge and agree that the Owner or its employees or agents shall be entitled to enter Premises where the Goods are, or the Owner reasonably believes the Goods are, in order to re-take the possession of Goods.
13.2 If the Goods are not returned to the Owner in the condition they were provided by the Owner (subject to reasonable wear and tear) at the expiry of the Minimum Hire Period, or within seven (7) days of the Owner making written demand, you must pay the Owner the new replacement cost of the Goods and any other costs incurred by the Owner due to the loss of the Goods.
14. Force Majeure
14.1 For the purposes of this Agreement, Force Majeure means a circumstance beyond the reasonable control of the Owner and which results in the Owner being unable to observe or perform on time an obligation under this agreement, including, without limitation, the following events:
(i) acts of God, lightning, strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, fire and any natural disaster; and
(ii) acts of war, terrorism, riots, civil commotion malicious damage, sabotage and revolution.
14.2 The Owner will not be liable for the consequences of any circumstance reasonably beyond the Owner’s control which affects its obligations under this Agreement.
14.3 If the event of Force Majeure continues for a continuous period in excess of 90 days, either party shall be entitled to give notice in writing to the other party to terminate this Agreement without penalty subject to you making all payments which are due and payable pursuant to this Agreement.
15.1 For the purposes of this clause, Confidential Information means all confidential, non-public or proprietary information of one party (the Disclosing Party) regardless of how it is stored, delivered, provided to or learnt by the other party (the Receiving Party) in relation to this Agreement, but does not include excluded information such as information that is or becomes available in the public domain other than through breach of this Agreement or an obligation of confidence owed to the Disclosing Party or that was already known to the Receiving Party at the time of disclosure or that the Receiving Party acquires from a source other than the Disclosing Party. Confidential Information includes all pricing and related terms pertaining to the provision of the Goods and/or Services under this Agreement.
15.2 Neither party may disclose any Confidential Information to any person without the other party’s written consent, except to Representatives requiring the information for the purposes of, and in accordance with, this Agreement, or if either party is required to do so by law or an Exchange or in connection with legal proceedings relating to this Agreement.
15.3 This clause survives termination (for whatever reason) of this Agreement.
16.1 For the purpose of clauses:
(i) the expressions Consideration, GST, Recipient, Supply, Tax Invoice and Taxable Supply have the meaning given to those expressions in the GST Act;
(ii) GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended); and
(iii) Supplier means any party treated by the GST Act as making a Supply under the Agreement.
16.2 All amounts and consideration stated in this Agreement are GST exclusive, unless stated otherwise.
16.3 The recipient of a taxable supply made under or in respect of the Agreement must pay to the supplier, at the time the consideration for the supply is due, the GST payable in respect of the supply.
17. Warranties and undertakings
You warrant and undertake that for the term of this Agreement, you;
17.1 hire the Goods and/or Services for personal, household and domestic purposes and not for supply, resale or lease;
17.2 will keep the Goods in proper working order and condition;
17.3 will store the Goods safely and securely and protected from theft, seizure, loss or damage;
17.4 will not alter, tamper, damage or repair the Goods without our written consent;
17.5 will not remove any label, identifying mark or safety instruction from the Goods;
17.6 will not remove the Goods from the Premises;
17.7 have the right and authority to allow the Owner and its representatives to enter the Premises to deliver the Goods and to provide the Services;
17.8 allow the Owner and its representatives at any time during the Hire Period, to enter the Premises or any premises where the Goods are stored to inspect the Goods;
17.9 will not remove, deface or change the Goods, alter its power cord (if any) or temper with the Goods in any way whatsoever;
17.10 will not misuse or improperly install or inadequately or improperly maintain the Goods or connect to the wrong voltage or abuse the Goods in any way whatsoever;
17.11 will not encumber or allow the Goods to be encumbered by any person unless authorised by the Owner;
17.12 must not deal with the Goods in any manner that is inconsistent with the Owner’s interest in the Goods;
17.13 will immediately advise the Owner if you become aware of an issue that may result in a claim against the Owner or the Goods.
17.14 will notify the Owner immediately if there is any loss or damage to the Goods. If the Goods are damaged (other than fair wear and tear) and capable of repair, you must compensate the Owner for the cost of repair. If the Goods are lost or damaged beyond repair, you must pay the Owner the new replacement cost of the Goods and any other costs incurred by the Owner due to the loss or damage of the Goods.
17.15 will maintain at your own expense during the Hire Period all appropriate policies of insurance to insure the Goods and the Premises. You must produce on request appropriate evidence of insurance (including, but not limited to, insurance for fire damage and theft) before the date of delivery of the Goods to the Owner. In the event you do not produce evidence of insurance that is satisfactory to the Owner or if otherwise agreed, an insurance fee of 5% of the Fees for each month (calculated on a daily basis for Hire Period of less than one month) shall be payable by you to the Owner.
17.16 You must not sell, offer for sale, part with possession of,
mortgage, assign, transfer, charge, encumber or otherwise deal with the Goods in any way without the Owner’s prior written consent.
17.17 In the event that the Goods are lost or damaged in circumstances where a claim can be made upon insurance effected by you then you must;
(i) Report the damage or loss to the Owner and the Police (if appropriate) immediately upon you becoming aware of such loss or damage;
(ii) Provide all necessary co-operation to the Owner, the Police and the insurer in respect of any claim;
(iii) Immediately upon demand pay to the Owner any excess payable by the Owner on the insurance effected by The Owner;
(iv) This provision does not in any way affect your liability for any loss or damage to the Goods or any monies payable pursuant to this Agreement.
You represent and covenant that:
18.1 All information supplied by you to the Owner are true and correct and no relevant information has been omitted.
18.2 The Goods are used for the sole purpose of styling the Premises for pictorial advertisement and visual display.
18.3 You have not been induced to enter this Agreement by any statement made by the Owner or any of its representatives which is not included in this Agreement.
18.4 You relied on own knowledge and expertise in selecting the Goods and/or Services and their fitness for purpose. Any advice or assistance or suggestion by the Owner shall not be deemed as “expert” advice. You are satisfied that this Agreement is suitable for your requirements and objectives.
18.5 You had the opportunity to obtain legal advice and you understand the terms and conditions of this Agreement and had signed this Agreement freely and voluntarily. You acknowledge and agree that this Agreement constitute a legally binding and enforceable agreement against you
19. Intellectual Property
Where the Owner has designed, drawn or written specifications and drawings for you, then the copyright in those designs and drawings shall remain vested in the Owner, and shall only be used by you at the Owner’s discretion. The Owner shall also retain the moral right in the copyright in those designs and drawings.
20. Social Media
20.1 You agree to not post, transmit, display, publish, distribute or submit public user generated material (“Submission”) on social media sites which contain vulgarity or offensive language or contain any defamatory statement, or tends to mislead or reflect unfairly on Goods and Services, the Owner, its employees and its related body corporate (as defined in the Corporations Act 2001 (Cth)).
20.2 You agree that if requested by the Owner, you will remove the Submission from the social media sites promptly.
20.3 The Owner reserves all its rights in relation to any defamatory statements made against it.
21.1 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and the parties submit to the exclusive jurisdiction of the courts of Victoria.
21.2 Neither party is entitled to assign any of its rights or obligations under this Agreement without the prior written consent of the other party, consent of which shall not be unreasonably withheld.
21.3 The failure of party to enforce the provisions of this Agreement or to exercise any right expressed in this Agreement is not be a waiver of such provisions or rights and does not affect the enforcement of this Agreement. Any of the Owner’s rights under a contract can be waived by the Owner in writing. The waiver by the Owner of any breach by you of any term of a contract does not prevent the subsequent enforcement of that term and is not be deemed a waiver of any other or subsequent breach.
21.4 The Owner may exercise a right, remedy or power under or in connection with this Agreement in any way the Owner considers appropriate in its absolute discretion.
21.5 Where more than one Hirer has entered into this agreement, you shall be jointly and severally for all obligations under this agreement.
21.6 In the interpretation of this Agreement, no provision of the agreement will be construed adversely to a party solely on the grounds that the party was responsible for the preparation of this agreement or any part of it.
21.7 This Agreement can only be amended if the amendments are in writing signed by each of the parties.
21.8 If a provision or right or remedy of a party under this Agreement is void or unenforceable for any reason than that part will be read down or severed from this Agreement without affecting the validity or enforceability of the remaining provisions.
21.9 You are not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by the Owner. The description, illustration and performance of any product contained in our catalogue, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this Agreement. The Owner may complete any blanks on any form on your behalf.
21.10 Any taxes or stamp duty applicable hereunder will be your responsibility and liability.
21.11 Any notice given under this Agreement can be served on the party at their nominated address as set out in this Agreement. Notices are deemed to have been served 3 days after posting or if notices is served by facsimile then on the date shown on the transaction confirmation. Any notice delivered after 5 pm on a business day will be deemed to be delivered the following business day.
21.12 In the event that you are a partnership, corporate entity or the Trustee of a Trust, the person/persons who opens the account and/or who signs this Agreement or any documents provided by the Owner acknowledges and confirms that such person/persons has/have the authority to bind the partnership/corporate entity/Trustee of the Trust and that the partnership/corporate entity/Trustee of the Trust, is bound in accordance with these Terms and Conditions. The person/persons who opens the account and/or signs as indicated in this clause confirm and acknowledge, in consideration of the Owner hiring the Goods to you, that he/she/they personally guarantee the payment of any monies and the performance of any act, matter or thing set out in these Terms and Conditions, in default of you paying such monies or doing the act or thing