TERMS & CONDITIONS

In General

[Clutch Kick Pty Ltd] (“[https://www.clutchkick.com.au]”) owns and operate this Website.  This document governs your “Customer” or “User” relationship with [https://www.clutchkick.com.au] (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time without prior notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

 

Access to this Website is permitted , and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites, which are not operated by [https://www.clutchkick.com.au]. [https://www.clutchkick.com.au] has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

Privacy Policy

Our privacy policy, which sets out how we will use your information, our [Privacy Policy] can be found in the footer of all pages. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and [https://www.clutchkick.com.au] will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of [https://www.clutchkick.com.au] or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by [https://www.clutchkick.com.au] and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

 

In order to contract with [https://www.clutchkick.com.au] you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. [https://www.clutchkick.com.au] retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be [https://www.clutchkick.com.au] or may in some cases be a third party. Where a contract is made with a third party [https://www.clutchkick.com.au] is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

 

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund immediately.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

 

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

[Clutch Kick Pty Ltd]’s Shipping Policy

Domestic Shipping Policy

Shipment processing time

  1. All orders are processed within 1 to 3 business days if the item is available, otherwise the customer has the right for a full refund.
  2. All items are dispatched on working business days .

Delivery times vary depending on the demand and periods of the year which may take longer than usual on some occasions like Christmas time... ,

In case of longer than usual delays are occurring through the delivery channels you be notified by a banner on the website or by communicating directly with our customers which give them the right to cancel their order/s

Shipping rates and delivery estimates

  1. Shipping rates are clearly visible in your shopping cart before you place your order.
  2. Delivery estimates are in between 2 - 6 working business days

*Our customers acknowledge that in some cases, shipping delays do occur and if delays occur, this company is not liable for any damage or loss that is caused by delays in delivery, nor to provide refunds for any amounts that have been paid for the Order or for the delivery of that Order.

 

Shipment to P.O. boxes or APO/FPO addresses
We do not ship to P.O. boxes or APO/FPO addresses.

Shipment confirmation and order tracking
You will receive confirmation of your shipment confirmation and tracking details when we dispatch your order partially or fully.

Damages or losses
[Clutch Kick Pty Ltd] is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier or our support team directly to file a claim. Please save all packaging material and damaged goods before filing a claim.

 

Damaged & or Faulty Goods

  1. Customer acknowledge that in some cases, the Goods may arrive to customers with damage or faults, whether they are caused by damage that occurred during transit, or by other causes.
  2. If a Good is faulty within the initial 7 days after the delivery is made or is damaged when it is delivered, and the customer notifies our support team by emailing sales@clutchkick.com.au of the damage or fault within the initial 7 days after delivery is made, then our company will:
  3. Repair the faulty Good, replace the good or provide the spare parts at our discretion, and depending on the specific circumstances; or
  4. If a new replacement or spare part cannot be provided by our company, our company can optionally offer a partial or full refund, depending upon the amount of damage that has affected the product;
  5. If a new replacement is available, and the customer chooses a refund instead of a replacement for the product, the refund provided will be for the full purchase amount, excluding the initial cost of delivery and any applicable return costs; and
  6. Our customer considers various factors, including environmental factors, when we decide whether to arrange for the return of items from our customers, or whether the fault is such that providing a partial refund is appropriate, or whether it is appropriate to provide a replacement
  7. The 7 Day period noted commences on the date that the delivery of our company’s product is accepted by the customer. If no proof of delivery is available, the date will be assumed to be three business days after the product date of dispatch.
  8. When issues occur outside of the 7 Day period, each fault will be dealt with in accordance with our Terms and Conditions and the applicable Standard or Extended Warranty provided by each product warranty time which is in general 12 months or as stated for each product.
  9. For any claims regarding damaged products, our company will require photographic evidence of the damage to be emailed to sales@clutchkick.com.au .
  10. Our company reserves the sole discretion to decide whether the Goods provided are damaged or faulty in accordance with “Damages and or faulty goods Ts & Cs”.
  11. Our company may seek the reimbursement of the costs that may be incurred by us when we find that a returned product is in good working order.
  12. Any insignificant variations in grain, finish or colour (as between the Goods that a customer receives and images that are shown on our website), or damage only to packaging, is not considered a fault and will not be covered by “Damages and or faulty goods Ts & Cs”. Customers acknowledge that no two items can be identical, and that any items that are viewed on a computer screen image may not always be identical to the actual view of that particular item.

 

[Clutch Kick Pty Ltd] has the right to reject any claim, refund, return, or Manufacturer Warranty claim in the following cases but not limited to;

  1. Damage or/and Fault caused by using the product in an abnormal way, or as instructed in every product guide book.
  2. Change of mind for any of those reasons but not limited to ( change of circumstances, choosing the wrong item without seeking our advice, been able to find cheaper price of the same or similar product, no proof of purchase.
  3. Any attempt to change or modify the product original look or function in any form or shape.
  4. Any term or condition stated by the manufacturer warranty for that specific item.

[Clutch Kick Pty Ltd] at its own discretion may accept restocking all or some of the following may apply:

  1. Written communication by the customer to sales@clutchkick.com.au within 14 days of the purchase and attaching the proof of purchase.
  2. Product in it original packing, NOT opened or used and the package is still in its original condition.
  3. MINIMUM Restocking fees of 30% will apply in addition to any other cost like but not limited to ( Shipping, admin expenses …)

 

When and how you will receive your refund;

  1. We try always to process any refund immediately when the decision is made for the amount to be partially or fully refunded.
  2. In case of price changing or items aren’t available within 10-14 days of your order, Refund will be processed immediately.
  3. Money will be refunded to the account that has been used in the purchase.

All items to be returned to the address below;

 40-46 Albert St, Windsor Gardens SA 5087 Unit "054"

Disclaimer as to ownership of trade marks, images of personalities and Third Party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with [Clutch Kick Pty Ltd] and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to [Clutch Kick Pty Ltd].

 

Indemnity

You agree to indemnify, defend and hold harmless [https://www.clutchkick.com.au], its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 

Variation

[https://www.clutchkick.com.au] shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments, by calling our phone number ( +61 433 533 335, (08)72255118 ) or by email to info@clutchkick.com.au .

 

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and [https://www.clutchkick.com.au]. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of [https://www.clutchkick.com.au].