Terms and Conditions

Terms & Conditions

Overview

This website is operated by Kinendo. Throughout the site, the terms “we”, “us” and “our” refer to Kinendo.

Kinendo offers this website, including all information, tools, products and services available from this site, to you, the user, conditioned upon your acceptance of the terms, conditions, policies and notices stated here.

By visiting our website, requesting a quote, purchasing a product, submitting an enquiry, or using any part of our website or services, you agree to be bound by these Terms & Conditions, including any additional terms, conditions and policies referenced on our website.

These Terms apply to all users of the site, including customers, browsers, suppliers, vendors, trade users, installers, merchants and contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to these Terms, you should not access the website, purchase products, request services, or use our website.

Any new features, products, services or tools added to the website will also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates on our website. Your continued use of the website following any changes means you accept those changes.

Our online store may be hosted on Shopify or another ecommerce platform that allows us to sell our products and services to you.

Section 1 — Online Store Terms

By agreeing to these Terms, you confirm that you are at least 18 years old or the age of majority in your state or territory of residence.

You must not use our website, products or services for any illegal, unsafe, unauthorised or improper purpose.

You must not use our website in a way that violates any applicable law, regulation, intellectual property right, privacy right, or third-party right.

You must not transmit viruses, malicious code, worms, malware or any code of a destructive nature.

A breach of these Terms may result in termination or restriction of access to our website or services.

Section 2 — General Conditions

We reserve the right to refuse service, cancel an order, decline a quote request, or limit supply to any person, business, region or jurisdiction where we consider it appropriate, subject to applicable law.

You agree not to reproduce, duplicate, copy, sell, resell, exploit or misuse any part of the website, products, services, images, copy, content, product specifications, drawings, plans, documents or resources without our express written permission.

The headings used in these Terms are included for convenience only and do not affect the interpretation of these Terms.

Section 3 — Accuracy Of Information

We aim to provide accurate and useful information on our website. However, information on the website is provided for general information only and may not always be complete, current or suitable for your specific circumstances.

Kinendo products may involve technical, building, accessibility, electrical, installation, design or site-specific considerations. You should not rely solely on website information when determining whether a product is suitable for a specific user, home, workplace, installation environment, disability access requirement, clinical recommendation, building condition or project.

Where required, you should seek advice from a qualified builder, installer, occupational therapist, healthcare professional, electrician, architect, designer, engineer or other appropriate professional.

We reserve the right to modify the contents of the website at any time, but we are not obligated to update information unless required by law.

Section 4 — Product Information, Specifications & Suitability

Kinendo supplies height-adjustable kitchen systems, accessibility-focused products, components, accessories and related products.

Product information, specifications, dimensions, colours, finishes, load ratings, installation requirements, performance details and compatibility information are provided as accurately as possible. However, these may change from time to time due to product development, manufacturing changes, supplier updates, availability, or technical improvements.

It is your responsibility to ensure that any product you purchase is suitable for your intended use, installation environment, structural requirements, cabinetry, benchtop, wall type, electrical setup, user needs and applicable building or safety requirements.

Unless expressly stated in writing, Kinendo does not warrant that a product is suitable for a particular medical, therapeutic, clinical, NDIS, occupational therapy, building or accessibility outcome.

Section 5 — Colours, Finishes & Display Accuracy

We make every effort to display product colours, finishes, materials and images accurately.

However, actual colours, textures, grains, finishes and product appearance may vary due to screen settings, lighting, manufacturing batches, materials, photography, supplier changes and natural product variation.

Minor variations in colour, grain, texture, finish, dimensions or appearance are not generally considered faults where the product is otherwise as described and fit for purpose.

Section 6 — Pricing, Quotes & Availability

Prices for products and services are subject to change without notice.

We reserve the right to modify, suspend or discontinue any product, service, feature, offer, package, price or promotion at any time.

Where we provide a written quote, that quote is valid for the period stated on the quote. If no validity period is stated, the quote is valid for 14 days from the date of issue unless withdrawn earlier.

Quotes may be subject to site conditions, product availability, freight costs, installation requirements, supplier pricing, exchange rates, labour availability, or other project-specific factors.

Businesses in Australia must communicate clear and accurate prices and must not mislead consumers about prices or reasons for price changes.

Section 7 — Orders

When you place an order with Kinendo, you agree to provide current, complete and accurate information, including your name, billing details, delivery details, contact information and any required project or product details.

We reserve the right to refuse, cancel or limit any order where we reasonably believe:

  • Information provided is inaccurate or incomplete
  • The product is unavailable
  • There has been a pricing, product or website error
  • The order appears fraudulent, suspicious or unauthorised
  • The order is placed by a reseller, dealer or distributor without approval
  • Supply would breach applicable laws, policies or practical limitations
  • The product is unsuitable or unsafe for the intended use based on information provided to us

If we cancel or change an order, we will attempt to notify you using the contact details provided at the time of order.

Section 8 — Payment

Payment terms will be displayed at checkout, included in your quote, or otherwise agreed in writing.

Orders may require full payment, partial payment, deposit, progress payment or balance payment before dispatch, production, installation or delivery.

You agree to pay all applicable product costs, service charges, delivery fees, installation fees, taxes, surcharges and any other charges specified at the time of purchase or quote acceptance.

Card surcharges, where charged, must not be more than the cost to the business of using that payment type.

Section 9 — Custom, Special Order & Made-To-Order Products

Some Kinendo products may be custom-made, modified, configured, specially ordered, manufactured to specification, or supplied for a particular project.

Custom, special order or made-to-order products may not be eligible for cancellation, change-of-mind return or refund once production, ordering, modification, processing or dispatch preparation has commenced, except where required under Australian Consumer Law.

This may include products made to specific dimensions, finishes, configurations, installation requirements or project specifications.

Section 10 — Shipping, Delivery & Risk

Delivery times are estimates only and may be affected by product availability, supplier delays, courier delays, manufacturing lead times, public holidays, access restrictions, remote locations, weather events or other circumstances outside our control.

We are not responsible for delays caused by third-party freight providers, incorrect delivery information, failed delivery attempts, site access issues or circumstances beyond our reasonable control.

You must ensure that the delivery address is accurate, accessible and suitable for receiving the ordered goods.

Risk in the products passes to you on delivery, collection, or as otherwise specified in your quote or order confirmation, except where prohibited by law.

You must inspect delivered goods as soon as reasonably possible and notify us promptly of any visible damage, missing items, incorrect items or delivery issues.

Section 11 — Installation & Site Requirements

Unless installation is expressly included in your quote or order confirmation, Kinendo products are supplied as products only and installation is not included.

Where installation is required, you are responsible for ensuring that installation is carried out by a suitably qualified person and in accordance with product instructions, safety requirements, applicable laws, building requirements and relevant trade standards.

You are responsible for checking site conditions before installation, including structural support, wall type, cabinetry compatibility, benchtop suitability, electrical requirements, plumbing considerations, clearances, access and safety.

Kinendo is not responsible for damage, failure, poor performance or safety issues caused by incorrect installation, unsuitable site conditions, unauthorised modification, misuse, failure to follow instructions, or installation by an unqualified or unsuitable person.

Section 12 — Returns, Refunds & Cancellations

Returns, refunds and cancellations are handled in accordance with our Returns & Refunds Policy.

Nothing in these Terms limits your rights under the Australian Consumer Law.

Consumers are entitled to a remedy such as a repair, replacement or refund if a product or service does not meet a consumer guarantee. The remedy generally depends on whether the issue is minor or major.

For change-of-mind returns, custom products, installed products, used products, opened products or specially ordered products, eligibility may be limited as set out in our Returns & Refunds Policy.

Section 13 — Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

If a product or service fails to meet a consumer guarantee, you may be entitled to a repair, replacement, refund, cancellation, compensation or other remedy depending on the circumstances.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy you may have under the Australian Consumer Law or any other applicable law.

To the maximum extent permitted by law, any liability we have that may be lawfully limited is limited to the resupply of goods or services, repair of goods, replacement of goods, or payment of the cost of having goods or services supplied again.

Section 14 — Warranties

Product warranties are set out in our Warranty Policy or any warranty documentation supplied with the product.

Warranty coverage may vary depending on the product, component, supplier, intended use, installation method and other conditions.

Warranty claims may be refused or limited where the issue is caused by:

  • Incorrect installation
  • Misuse or abuse
  • Normal wear and tear
  • Accidental damage
  • Unauthorised modification
  • Use outside product specifications
  • Unsuitable site conditions
  • Failure to follow instructions
  • Damage caused by third parties
  • Commercial or high-use environments not disclosed before purchase

Warranties apply in addition to, and do not replace, your rights under Australian Consumer Law.

Section 15 — Optional Tools & Third-Party Services

We may provide access to third-party tools, apps, payment gateways, finance providers, calculators, booking systems, accessibility resources, embedded content or other third-party services.

These third-party tools are provided “as is” and “as available” unless expressly stated otherwise.

Your use of third-party tools is at your own risk and subject to the terms and policies of the relevant third-party provider.

We are not responsible for the availability, accuracy, security, performance or content of third-party tools or services.

Section 16 — Third-Party Links

Our website may include links to third-party websites, resources, suppliers, manufacturers, installers, partner platforms, professional resources or informational content.

Third-party links are provided for convenience only.

We are not responsible for examining or evaluating the content, accuracy, policies, practices, products or services of third-party websites.

Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

Section 17 — User Comments, Feedback & Submissions

If you send us comments, feedback, ideas, suggestions, designs, images, plans, product improvement ideas, testimonials, reviews, or other submissions, you agree that we may use them for business purposes unless otherwise agreed in writing.

You agree that your submissions will not violate any third-party rights, including copyright, trademark, privacy, confidentiality or other proprietary rights.

You must not submit unlawful, abusive, defamatory, misleading, obscene or harmful content, or content containing malware or malicious code.

You are responsible for the accuracy and legality of any content you submit.

Section 18 — Personal Information

Your submission of personal information through the website, checkout, forms, email, phone, quote requests or customer support channels is governed by our Privacy Policy.

Section 19 — Errors, Inaccuracies & Omissions

Occasionally, information on our website or in our communications may contain typographical errors, inaccuracies or omissions relating to product descriptions, specifications, pricing, promotions, offers, availability, shipping charges, delivery times, installation details or other information.

We reserve the right to correct errors, inaccuracies or omissions, update information, change pricing, or cancel orders if information is inaccurate at any time, including after an order has been placed, subject to applicable law.

Businesses must not display prices that are wrong or likely to create a false impression, including prices shown online, in advertising or in communications with customers.

Section 20 — Prohibited Uses

You are prohibited from using our website, products, content or services:

  • For any unlawful purpose
  • To solicit others to perform unlawful acts
  • To breach any laws, regulations or rules
  • To infringe our intellectual property rights or the rights of others
  • To harass, abuse, insult, harm, defame, intimidate or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses, malware or malicious code
  • To collect or track personal information of others
  • To spam, phish, scrape, crawl or misuse our website
  • For any obscene, abusive or immoral purpose
  • To interfere with website security or functionality
  • To copy, reverse engineer or misuse our products, designs, specifications, drawings, content or intellectual property

We reserve the right to terminate or restrict your access to our website or services for violating any prohibited use.

Section 21 — Intellectual Property

All website content, product names, brand names, designs, images, copy, graphics, layouts, product specifications, drawings, documents, downloadable resources, videos, logos and other materials are owned by Kinendo or used under licence.

You may not copy, reproduce, distribute, modify, publish, display, sell, exploit or use our intellectual property without our prior written consent.

This includes product concepts, product descriptions, technical documentation, drawings, installation resources, website content and marketing materials.

Section 22 — Disclaimer Of Warranties

We do not guarantee that your use of our website will be uninterrupted, timely, secure or error-free.

We do not guarantee that all website content will be accurate, complete or current at all times.

Except as expressly stated by us or required by law, the website and any information, tools or services provided through it are made available on an “as is” and “as available” basis.

This section does not limit any rights you may have under Australian Consumer Law.

Section 23 — Limitation Of Liability

To the maximum extent permitted by law, Kinendo and its directors, employees, contractors, suppliers, partners, service providers and affiliates will not be liable for any indirect, incidental, special, consequential or punitive loss or damage, including loss of profit, revenue, data, savings, opportunity, goodwill or business interruption arising from your use of the website, products or services.

Nothing in these Terms excludes, restricts or modifies any liability that cannot be excluded under Australian Consumer Law or other applicable law.

Section 24 — Indemnification

You agree to indemnify and hold harmless Kinendo, its directors, employees, contractors, suppliers, partners, service providers and affiliates from any claim, demand, loss, liability, cost or expense arising from:

  • Your breach of these Terms
  • Your misuse of the website, products or services
  • Your violation of any law or third-party right
  • Information, specifications, drawings, measurements or instructions you provide to us
  • Incorrect installation, modification or use of products outside instructions or specifications

Section 25 — Force Majeure

We are not responsible for delay or failure to perform where caused by events beyond our reasonable control.

This may include supplier delays, freight delays, manufacturing delays, strikes, natural disasters, extreme weather, pandemics, power outages, technology failures, material shortages, customs delays, government restrictions, war, civil unrest or other events outside our control.

Section 26 — Severability

If any part of these Terms is found to be unlawful, void or unenforceable, that part will be severed to the extent required, and the remaining provisions will continue to be valid and enforceable.

Section 27 — Termination

These Terms remain effective unless terminated by either you or us.

You may stop using our website or services at any time.

We may terminate or restrict your access if we reasonably believe you have breached these Terms or misused our website, products or services.

Any obligations or liabilities incurred before termination will survive termination.

Section 28 — Entire Agreement

These Terms, together with any policies or documents referenced on our website, form the entire agreement between you and Kinendo regarding your use of the website, products and services.

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Section 29 — Governing Law

These Terms are governed by the laws of Queensland, Australia, unless another Australian state or territory is specified in writing.

You agree that any dispute relating to these Terms, the website, products or services will be subject to the courts of Queensland, Australia, and any courts entitled to hear appeals from those courts.

Section 30 — Changes To These Terms

We may update, change or replace any part of these Terms at any time by posting updates on our website.

It is your responsibility to check this page periodically for changes.

Your continued use of or access to the website after changes are posted constitutes acceptance of those changes.

Section 31 — Contact Information

Questions about these Terms should be sent to:

Kinendo Australia Pty Ltd
Email: contact@kinendo.com.au
Address: Level 18/260 Queen St, Brisbane City QLD 4000