Terms and Conditions

  1. DELIVERY AND COLLECTION
    • The Delivery or Collection of the Goods is taken to occur when the Customer or a Delivery Partner takes possession of the Goods from KOMO’s premises.
    • If the Customer wishes to:
      • collect the Goods, they must do so on the date and at the time as agreed by the parties (Collection Date). If the Customer fails to do so by the Collection Date, KOMO will be under no obligation to supply the Goods to the Customer; or
      • have the Goods delivered to them, the Customer agrees to bear the costs of the Delivery, which shall be payable at the time and in the manner set out in the Invoice.
    • The Customer shall ensure that the Delivery Partner (if applicable) has clear and free access to its designated location at the scheduled time to enable Delivery.
    • KOMO agrees to check all Orders thoroughly prior to Delivery to ensure quality and accuracy of Delivery.
  2. RETURNS
    • Subject to the Customer’s rights under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), the Goods may be returned to KOMO only where the:
      • Goods are:
        • in good condition and are not damaged after Collection or Delivery for reasons not related to their state or condition at the time of Collection or Delivery; and
        • have not been attached to, or incorporated in, any real or personal property and they cannot be detached or isolated without damaging them;
      • request for Return of Goods is made in writing within 14 days of Delivery or Collection; and
      • Customer provides KOMO with reasonable proof of order of the Goods (to KOMO’s satisfaction).
    • Upon Return of any Goods, KOMO will grant a credit to the Customer with an amount that is equal to the money paid by the Customer for the Goods, and the credit can be applied to any future Orders by the Customer.
  3. DEFECTS
    • If the Goods are defective, the Customer:
      • must notify KOMO in writing of the defect, within 48 hours of the Delivery or Collection of the Goods (Notification Period); and
      • may be entitled to, have the defect repaired or replaced, or a refund.
    • Subject to the ACL, the Customer acknowledges and agrees that KOMO will not remedy any defects, or provide the Customer with a refund, where:
      • the Customer fails to notify KOMO of the defect within the Notification Period, and continues to use the Goods after discovering the defect; and/or
      • the defect is:
        • the result of normal wear and tear;
        • the result of the alteration, rectification, repair or rebuilding works undertaken by any party other than KOMO; or
        • caused (in any way) by the Customer due to, their negligence, or their failure to use, rely on, or maintain the Goods in the ordinary course.
  4. GENERAL
    • KOMO may subcontract any of its rights and obligations under these Terms without notice to (or the consent of) the Customer.
    • A person agreeing to be bound by these Terms (on behalf of another party) warrants and undertakes that they have the authority to bind that party for that purpose.
    • These Terms may be varied by KOMO without the consent of the Customer. KOMO will notify the Customer within 30 days of any variation.
    • Any provision of these Terms that are invalid, unenforceable, or illegal must be read down to the extent necessary to avoid that effect. If that is not possible, that provision must be excluded from these Terms, but only to the extent necessary to avoid that effect. All other provisions of these Terms continue to be valid and enforceable.
    • KOMO may assign or otherwise deal with its rights or obligations under these Terms by notice in writing to the Customer. The Customer may not assign or otherwise deal with its rights or obligations under these Terms without the written consent of KOMO.
    • These Terms may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument.
    • Should KOMO choose not to enforce any or all these Terms it should not be interpreted as a waiver of any of KOMO’s rights.
    • These Terms must be governed and construed in accordance with the laws applicable in Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.

Contents update on: 07/08/2024