Welcome to the Web Site offered to you by Kismet Jardin Pty Ltd (the “Company”).
Kismet Jardin Pty Ltd, Australian Business Number (79 119 635 559) provides the content and services available on the Web Site to you subject to the following terms and conditions, and policies which you may find throughout our Web Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using the Web Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
AGREEMENT BETWEEN USER AND KISMET JARDIN PTY LTD
www.kismetjardin.com and/or www.kismetjardin.com.au Web Site is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Kismet Jardin Pty Ltd’s Web Site constitutes your agreement to all such terms, conditions, and notices.
Kismet Jardin Pty Ltd reserves the right to change the terms, conditions, and notices under which www.kismetjardin.com and www.kismetjardin.com.au Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Web Site. Your continued use of Kismet Jardin Pty Ltd’s Web Site constitutes your agreement to all such terms, conditions, and notices.
3. MODIFY SERVICES:
Kismet Jardin Pty Ltd may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.
4. PRODUCTS AND SERVICES FOR PERSONAL USE:
The products and services described on the Web Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Kismet Jardin Pty Ltd accepts no liability for misuse of any products sold through the Web Site. By purchasing any of the goods listed on the Web Site, purchasers understand how the products are to be used and use them at their discretion.
5. INFORMATION ON THIS SITE:
Kismet Jardin Pty Ltd makes no representations as to the accuracy of the information presented at or via the Web Site. You agree that you must evaluate, and bear all risks associated with, the use of all information at the Web Site, including any reliance on the accuracy, completeness, or usefulness of it. By using the Web Site you agree that Kismet Jardin Pty Ltd and any of its subsidiary or related or affiliated companies or any of their employees or agents are not responsible for:
a) the accuracy or otherwise of the information displayed or omitted from the Web Site;
b) any person’s reliance on the information presented on the Web Site;
c) any loss in connection with the use of the Web Site.
We attempt to be as accurate as possible when describing our products on the Web Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Web Site are accurate, complete, reliable, current, or error-free.
6. PROPRIETARY RIGHTS:
You acknowledge and agree that:
a) the Web Site and any necessary software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws;
b) The Content contained in sponsor advertisements or information presented to you via the Web Site or third parties such as advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Kismet Jardin Pty Ltd, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.
7. DISCLAIMER OF WARRANTIES:
You expressly understand and agree that:
a) your use of the Site is at your sole risk.
b) the Site is provided on an “as is” and “as available” basis.
Kismet Jardin Pty Ltd expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement. Kismet Jardin Pty Ltd makes no warranty that:
a) the Web Site will meet your requirements;
b) the Web Site will be uninterrupted, timely, secure, or error-free;
c) the results that may be obtained from the use of the Web Site will be accurate or reliable;
d) the quality of any products, services, information, or other material purchased or obtained by you through the Web Site will meet your expectations; and
e) any errors in the Web Site will be corrected.
Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. The customer /user expressly agree that the use of any product including but not limited to skin care and beauty products purchased from Kismet Jardin Pty Ltd is at the user's sole risk.
Kismet Jardin Pty Ltd will not be liable for any damages of any kind arising from the use of Web Site, or from any products purchased from Kismet Jardin Pty Ltd, including but not limited to direct, indirect, incidental, punitive, and consequential damages. No oral advice or written information given by Kismet Jardin Pty Ltd nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty or legal obligation.
8. LIMITATION OF LIABILITY:
You understand and agree that Kismet Jardin Pty Ltd, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Kismet Jardin Pty Ltd has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:
a) the use of, or the inability to use the Web Site;
b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Web Site;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the Site; or
e) any other matter relating to the Site or products ordered through the Site.
in the case of goods supplied by Kismet Jardin Pty Ltd to any one of the following at our option:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
d) the payment of the cost of having the goods repaired; and
in the case of services supplied by Kismet Jardin Pty Ltd to any one of the following at our option:
e) the supplying of the services again;
f) the payment of the cost of having the services supplied again.
Kismet Jardin Pty Ltd will not be liable for any damages of any kind arising from the use of www.kismetjardin.com and/or www.kismetjardin.com.au or from any products purchased from Kismet Jardin Pty Ltd, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Kismet Jardin Pty Ltd accepts no liability in the unlikely event of an adverse reaction occurring when using one of its products. No liability is accepted in respect of any therapeutic characteristic. Kismet Jardin Pty Ltd assumes no responsibility for any conditions or allergic reactions that may arise from the direct or indirect use of any products or any information provided and sold by us.
As with all products one should exercise caution in their use of cosmetics, perfume sprays and perfume oils. If a rash develops, or itching occurs discontinue use immediately and wash affected area thoroughly with soap and water. Visit your doctor if needed. Keep cosmetics/perfumes away from children
9. TRADE MARK INFORMATION:
Kismet Jardin name and trade marks, including the distinctive slogans and logos, that appear at the Web Site are trade marks of Kismet Jardin Pty Ltd or other related parties (the Trade Marks). You agree not to display or use or link to the Trade Marks in any manner without prior permission from Kismet Jardin Pty Ltd or the relevant third party owner.
10. LINKS TO THIRD PARTY SITES OR SERVICES:
This site contains links to sites of third parties. Those sites are not under the control of Kismet Jardin Pty Ltd and Kismet Jardin Pty Ltd is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by Kismet Jardin Pty Ltd . Any link by you to a third party’s site is done at your own risk.
Kismet Jardin Pty Ltd is not responsible for webcasting or any other form of transmission received from any linked site.
The Web Site may also contain advertisements for third parties (including banner ads or other types of advertisements). Those advertisements may also contain links to other sites controlled by third parties. Kismet Jardin Pty Ltd does not recommend or endorse any products or services offered by third party advertisers. You must check with the advertiser for information about products or services offered.
Kismet Jardin Pty Ltd does not endorse any offers made by any third parties and the third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.
Kismet Jardin Pty Ltd relies on you observing these terms. You agree to indemnify and hold Kismet Jardin Pty Ltd and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity is this clause extends to and covers your breach of these terms.
12. YOUR ACCOUNT:
We encourage you to register and create your Account Profile. By registering with us, you can take advantage of exclusive shopping offers, new product launches and special sampling programs whenever they become available.
You may choose to register at our Web Site if you are over 15 years of age. Do not register if you are not over 15 years of age. If you are over 15 years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Web Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Web Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be Kismet Jardin Pty Ltd’s best interests to do so.
13. YOUR ORDERS & DELIVERY:
Orders will be usually dispatched within 2-4 business days of ordering.
Orders are processed and shipped on business days only (Monday through Friday, excluding public holidays).
We will take all reasonable care to deliver to the address given. However we will not be liable for non-delivery or mis-delivery as a result of incorrect address entry.
Kismet Jardin Pty Ltd gladly accepts orders from all around the globe. However available product lines, shipping rates and fees may vary depending on the delivery address for your order. All purchases are subject to payment authorisation prior to processing. Only authorised purchases will be processed and delivered.
Your order will be delivered by Express Courier service. Please ensure that someone will be present to sign for it. If no-one is available, the delivering courier will leave a card with details of where you can pick up your parcel. To ensure secure and undamaged delivery of your order, express courier service will not be able to leave it 'hidden' at the address.
14. RIGHTS TO USE INFORMATION YOU SEND US:
If you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.
All transactions are in Australian currency or equivalent currency conversion.
Notices must be in writing and may be given by hand, ordinary post, facsimile or email. A notice by us to you is taken to be duly given and received -
• if delivered by hand, when delivered;
• if delivered by prepaid registered post; after you acknowledge the receipt by signing it;
• if delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and
• if delivered by email, one business day after sending.
17. APPLICABLE LAW:
By visiting the Web Site, you agree that the laws of the state of South Australia, without regard to principles of conflict of laws, will govern these Conditions of use and any dispute of any sort that might arise between you and Kismet Jardin Pty Ltd.
These terms are covered by the law in force in the State of South Australia and the parties are to submit to the non-exclusive jurisdiction of the courts of South Australia.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Web Site and providing notice of such change. Any changes are effective immediately upon posting to the Web Site and release of notice of such change. Your continued use of the Web Site thereafter constitutes your agreement to all such changed Terms and Conditions.
All Rights Reserved by Kismet Jardin Pty Ltd. ABN 79 119 635 559.