Terms of Trade
- Goods displayed on the King Cubed website are available for purchase (subject to availability) online, over the telephone or via email.
- The Customer must use the online order system to place an order for Goods via the internet (“Online Order”). The Customer warrants that all information and data provided by him/her in the online order is accurate, complete and up to date. The Customer will promptly inform King Cubed if there is any change to this information or data.
- King Cubed reserves the right to increase/decrease the quantity if it does not meet the MOQ (Minimum Order Quantity) for an item.
- After an Online Order has been submitted, the Customer will be contacted via telephone or email to confirm that all order details are correct, give payment details and confirm that all delivery charges are approved by the Customer. Within a reasonable time after such confirmation and approval is received, King Cubed will arrange delivery of the Goods to the address within Australia nominated by the Customer (“Delivery Address”).
- The Customer is responsible for any costs associated with accessing the King Cubed website and placing Online Orders including any internet service provider fees and for all telephone call charges if ordering by telephone.
- King Cubed may withhold supply of the Goods to the Customer where King Cubed has insufficient Goods to fulfil the order, the Goods ordered have been discontinued or if the Customer has an account with King Cubed and that account is overdue. A full refund of any amounts paid by the Customer will be made if the supply of Goods are withheld.
- Prices listed are in Australian dollars and are subject to change but will not affect orders placed prior to a change to the price taking effect.
- All listed prices exclude Australian GST unless otherwise stated.
- Special pricing are as shown on website. No further discounts will apply.
- Goods ordered are charged at the price applicable at the time the order is submitted. Upon delivery of the Goods, King Cubed will provide a tax invoice specifying the total price for the Goods including delivery.
- Customers may set up an account with King Cubed by completing and submitting to King Cubed the Credit Application. King Cubed’s General Credit Terms and Conditions apply.
- King Cubed accepts the following payment methods for Online Orders and telephone orders: credit card (Visa, Mastercard, American Express); or Electronic Funds Transfer (EFT) for those holding 30-Day Trading Accounts. Accounts paid via credit card will incur a 1.5% transaction fee.
- If your account is not used over a 12-month period, King Cubed reserves the right to close the account without prior notification or consent.
- Property in the Goods does not pass until the Customer has paid all monies owing to King Cubed in full. Risk in the Products passes to the Customer at the time the Goods are delivered to the Delivery Address.
- All delivery costs will be charged to the Customer.
- Delivery can take up to 5-7 business days. If the item needs to be ordered in, it may take 15 days or longer.
- Anyone at the Delivery Address who receives the Goods shall be presumed by King Cubed to be authorised to receive the Goods.
- If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered, King Cubed may retain possession of the Goods and charge an additional delivery fee when attempting to redeliver the Goods.
Warranties and Returns
- All King Cubed Goods carry the manufacturer’s warranty where applicable.
- Except where otherwise stated and to the extent permitted by Australian Consumer Laws, King Cubed excludes all warranties in respect of the Goods.
- Goods incorrectly ordered or unused that are no longer needed by the Customer and are unopened may be returned to King Cubed within 7 days and at King Cubed ‘s absolute discretion. Customers will be charged a 20% restocking and handling fee for such returned Goods.
- A copy of the King Cubed invoice or proof of purchase must be attached to all returned Goods.
- All returns require a Returns Authorisation Number (RAN) which is allocated by King Cubed . Before returning Goods, the Customer must contact King Cubed for details of his/her RAN.
- King Cubed reserves the right to use their nominated courier for returned Goods.
- Refunds will be made in the same way as original payment for the Goods.
- King Cubed takes reasonable care in supplying products and equipment based on information provided by the Customer. However, King Cubed is not responsible or liable for any loss or damage caused to person or property as a result of the Customer’s failure to seek professional advice from appropriate authorities or safety specialists before making a purchase from King Cubed .
- King Cubed is not liable for any loss or damage whatsoever suffered by the Customer as a result of any act, omission or statement made by King Cubed, its employees, contractors or agents whether negligent or not, or as a result of a delay or inability to deliver the Goods, except that nothing in these Terms limits any liability imposed by any statute, including, without limitation the Australian Consumer Law, unless or to the extent that it is lawful to do so.
- The Customer indemnifies King Cubed against all loss, liability, cost (including legal costs on a full indemnity basis) and expense incurred by King Cubed in connection with any act or omission of the Customer including, but not limited to, negligence of the Customer or any unauthorised representation made or warranty given by the Customer in connection with the Goods; or as a result of any claim made or action brought in connection with the Goods or their use other than a claim or action brought by the Customer under these Terms or a condition or warranty implied by law which is not excluded by these Terms.
- The entire risk arising out of the use or performance of the website remains with the Customer. To the extent permitted by law, the Customer releases and discharges King Cubed and its related bodies corporate from all forms of direct, special, indirect or consequential loss or damage (including loss of profits and loss of data) arising out of or in connection with King Cubed or these Terms.
Intellectual Property Rights
- The Customer acknowledges that King Cubed or its related bodies corporate own or are licensed to use all intellectual property rights in the King Cubed web site (including, but not limited to, any images, photographs or text which appear on the web site). The Customer agrees that he/she will make no representation to the contrary, and that he/she will not use or copy King Cubed’s website or content in any manner which is inconsistent with the rights of the owner or licensee of such intellectual property rights.
- The Customer acknowledges that any trade marks or logos which appear on the King Cubed web site are owned by or licensed to King Cubed or its related bodies corporate, and that the Customer must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
Provisions are severable
- Each clause and subclause of these Terms is separate and independent. If any clause or subclause is found to be invalid or ineffective, the other clauses or subclauses will not be adversely affected.
Applications of law
- These Terms are subject to the laws of South Australia and the parties submit to the jurisdiction of the Courts of the State of South Australia.
Changes to terms
- King Cubed reserves the right to amend these Terms from time to time. Amended Terms come into effect from the time they are posted on the website. You should review this page regularly to ensure that you are aware of any changes to the terms prior to placing an order.
Effect of other terms
- These Terms are in no way affected by any other express or implied terms contained in any terms of sale issued by a business Customer in relation to the sale of the Goods.
- Where these Terms are inconsistent with the General Credit Terms and Conditions in respect of a Customer’s account with King Cubed , the General Credit Terms and Conditions prevail.
- In these Terms, unless the context otherwise requires: (a) “Customer” means each and every person or corporation to whom King Cubed supplies Goods; (b) “Business Days” means any day that is not a Saturday, Sunday or gazetted public holiday in the State of South Australia, Australia; (c) “Goods” means all goods supplied by King Cubed to the Customer; and (d) “Terms” means these Trading Terms.
- If you have any queries about King Cubed products or would like to place an order, please contact King Cubed on (08) 7127 7751.
Updated 1st December 2019