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Please read through the following terms and conditions (“Terms”) carefully as they govern the use and access to the website www.ksubi.com (“Website”) and the purchase of any product/s.
Coupon sales and promo codes are not valid on eVouchers, sale items and in stores. Not valid in conjunction with any other offer, or stacked with other or same promotional codes. Only one promotion can be used per order. Coupon sales and promo codes are one time use per customer only. Subject to changes. Not valid on Sandstorm and Deep Forest styles, Wolfgang Laid Black, Chitch Boneyard Black, Chitch Laid Black, Chitch Philly Blue, Chitch Pure Dynamite, Chitch The Streets, Van Winkle Ace Black Slice and Van Winkle Black Rebel.
Entry is only open to US residents only. For full terms and conditions, click here.
You agree to be bound by these terms by using, accessing or browsing any part of this Website, including through communicating with Ksubi and participating in any Ksubi forums, promotions, subscriptions, purchases, specials and/or programs (“Services”).
The following terms (“Terms”) apply to any and all users of the Ksubi website (the “Website”). All Transactions made in connection with the Website, and your use of any content or information on the Website or Product purchased through the Website is subject to these Terms and these apply regardless of how you access the Website. You should make sure you read and agree to these Terms before you use the Website as your offer to purchase any Product will indicate to us your acceptance of these Terms . Where any other terms and conditions apply to a Product or service related to the Website, these Terms will override any subsequent terms and conditions, unless stated otherwise.
Your use of the Website indicates your understanding that the Website and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by Us, our Affiliates and our (or their) licensors, and you agree to abide by these usage rules. Unless otherwise expressly stated, all capitalized terms in these Terms have the definitions given to them in clause 2 below.
For clarity, the Terms that are in place at the time you place an order will apply to that order.
“Affiliate” means any third party we may enter into agreements with for the supply of goods or services for the purpose of running our business. This includes all licensors, postal and courier companies and any other third party these companies may enter into contracts or agreements with in order to fulfil their obligations under any contract or agreement made with Us.
“Offer to Purchase” means your intention to receive Product(s) from Us via the initiation of a Transaction (this is subject to review or refusal by Us and does not confirm our offer to sell to you).
“Product” means anything available for purchase or access through the Website including goods, music, images, videos, artwork, tickets, text and other copyrightable materials.
“Website” means our website, www.ksubi.com.
“Terms” refer to these terms and conditions that govern the Ksubi website and its use.
“Transaction” means the purchase of any Product via the Website whereby funds are successfully debited from your account and are received or accepted by Us (subject to any request we make for further information to authorize the payment).
“Us” means Ksubi Sales International Pty Ltd, including all relevant Affiliates, subsidiaries, directors and employees (also referred to as “we” or “our” where appropriate).
We are not liable for any loss or damage occurred by use of the Website or any other site linked to the Website, or for loss or damage incurred through the purchase of any Product made available via the Website or from any recommendation or information provided by us to you through the Website. If we breach any term, condition or warranty (which cannot be excluded at law), our liability is limited, at our discretion, to either:
We will not be liable for any other loss or anticipated loss or damage incurred by you however caused which arises from or in connection with your use of the Website, the contents of the Website (this includes information, pricing and all Products), or your reliance on any information or service we provide to you. We do not guarantee that your access and use of the Website will be free from any errors or viruses that may harm your software or affect the use of your computer.
By accepting these Terms, you indemnify Us against all legal action, loss, damage or costs incurred by you arising from your breach (or the breach of any other person accessing the Website and its contents through you) of these Terms, your use of the Website or your reliance on the contents of the Website (this includes all information, prices and Products).
You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password.
We use reasonable efforts to ensure the integrity of the Website by using virus checking software. However, we do not and cannot guarantee or promise that the delivery, safety or security of communications over the internet, the Website or your computer systems.
We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.
This Website is designed for purchases by individuals for personal use, and you agree not to use it for commercial purposes. If you intend to on-sell Ksubi product through a retail store, online business or other commercial entity, please contact the Ksubi wholesale division at email@example.com.
Ksubi reserves the right to refuse any order which it reasonably considers is for commercial use or sale or where a product is not in stock. While we take reasonable precautions to ensure that the price and details of products listed are correct, if they are incorrect or we are out of stock and we can’t agree on how to resolve the issue, we reserve the right to cancel the order and refund any amount charged to your credit card.
By initiating a Transaction with Us, you represent and warrant that you:
Any Offer to Purchase received by Ksubi through this Website are subject to acceptance or rejection by Ksubi in its discretion. Once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you.
Title in any goods purchased by you through this Website does not pass to you until payment has been received in full. Risk of loss or damage to goods passes to you upon dispatch from our premises.
We do not guarantee the availability of any products advertised on the Website.
Prices are inclusive of goods and services tax. If you require delivery of goods outside of Australia, you will become the importer and liable to pay for all taxes, duties and charges imposed or levied. You should note that some countries have import restrictions on certain products or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an order.
The receipt of an electronic or other form of order confirmation does not signify our acceptance of your Offer to Purchase, nor does it constitute confirmation of our offer to sell. We reserve the right to reject any Offer to Purchase made by you at any time for any reason. Non-acceptance of an Offer to Purchase may for example result from one of the following:
We employ payment gateway provider Braintree and utilize anti-fraud software Kount to implement anti-fraud procedures to avoid and minimize fraudulent activity on the Website. Prior to the acceptance or non-acceptance of an Offer to Purchase made by you, we reserve the right to request additional information from you. A request for the provision of additional information may include the request for a photocopy of any photographic identification you may hold i.e. A Driver’s Licence or passport, as well as a photocopy of the front and back of the card that is being used to make the purchase. We have the right to refuse an Offer to Purchase if the request for additional information is refused by you.
Except to the extent prohibited by applicable law, we reserve the right with or without prior notice to:
We reserve the right to update or correct information on the Website at any time without notice. In the event that a Product is listed at an incorrect price or with incorrect information, we have the right to refuse shipment of or cancel any Offer to Purchase for the Product. Where we become aware of any error or inaccuracy after acceptance of your Offer to Purchase, we will inform you as soon as possible and give you the option of re-placing your order at the correct price or cancelling your order for a refund. Where we cannot get in contact with you by close of the business day on which we become aware of the error, your order will be cancelled and refunded.
Payment can be made by:
You are required to pay all charges incurred by you or on your behalf through the Website, at the price(s) in effect when these charges are incurred, including, without limitation, all shipping and handling charges and any applicable network charges in respect of mobile downloads. All sales through the Website are final, and all charges from those sales are non refundable, except as otherwise expressly stated in these Terms.
We will endeavour to process Transactions within 24 hours from receipt or acceptance of payment (subject to any requests we make for further information required to authorize a payment). Once your Offer to Purchase is accepted by us, our offer to sell will be notified to you via email confirming the dispatch of your order. This email provides you with the tracking number linked to your order (this tracking information is subject to change at any time and/or may incur typographical errors on occasion). Delivery of your order will be via an Australia Post service domestically or a DHL Express service internationally. Except to the extent prohibited by applicable law, we reserve the right to change delivery options without notice.
Technical and/or other problems may postpone, delay or prevent delivery of a particular Product. You should receive any Product(s) that you order within 10 working days of placing your order. If we anticipate a delay in delivering a Product to you, we will seek to notify you where possible by email of the delay and we will give you the option to continue with your order or request a full refund.
While our delivery providers make every effort to deliver parcels within our delivery timeframe, we cannot guarantee delivery times as these can change for reasons which are beyond our control. We will not be liable for late deliveries or any loss, damage or cost incurred due to late delivery.
In the instance where you have not received your order due to a delivery error (this includes parcels that are marked as undeliverable, missing or lost in transit articles, 3rd party delivery provider sorting issues and disputed deliveries), we will, at your request, contact the delivery provider to open an investigation on your behalf. If a resolution has not been reached 15 business days after the investigation was opened, we will re-ship your item(s) to you free of charge (where the stock is still available), or refund your order.
Please note this does not apply to orders where the address has been submitted incorrectly at the point of checkout.
International orders may be subject to local charges. Any and all customs or import duties are charged once the parcel reaches its destination country and are to be paid for by the recipient. While we endeavour to inform you of any customs or import duties and the value limit at which duty is payable at checkout, we cannot be responsible for reimbursing any additional costs charged on delivery of an order that were not indicated prior to checkout.
Delivery of international parcels may be delayed due to customs clearance issues and where this occurs we are not responsible for any loss or additional costs incurred as a result.
Except in relation to Submitted Material (defined below), all intellectual property rights, in the Website, the Services and all components of it are controlled, owned or licensed by Us, and is protected by copyright, patent, trademark, design and/or other laws.
All rights are reserved.
Except to the extent permitted under Australian statutes, no material or content from this Website or part thereof may be copied, reproduced, mirrored, linked, publicly displayed, encoded, translated, republished, uploaded, posted, transmitted, or distributed in any way, without our prior written permission.
You may use this Website and its contents for personal lawful purposes only and you agree that you do so entirely at your own risk. You must not use this Website or its contents for:
Permission requests can be provided using the 'Contact' section of this Website.
The Website contains facilities for exchange of information with other users of the Website (“Forums”). In using, and contributing material to Forums, you must comply with these Terms and all policies, guidelines and directions published by Ksubi from time to time.
Ksubi is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, you need to take care before relying on or making decisions based on that information. The information is not produced, approved or promoted by us. You agree to exercise appropriate judgment in obtaining or using information from the Website, including ascertaining the currency of information.
Ksubi does not and cannot review all communications and materials posted to or created by users accessing the Forums and it excludes all liability in respect of the content of these communications and materials. If you have a complaint regarding any material displayed in a Forum or otherwise communicated through the Website, Metalicus’ sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.
By uploading material to any Forum or otherwise submitting any material through the Website (“Submitted Material”), you automatically grant (or warrant that the owner of such materials expressly grants) Ksubi a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by Ksubi for purposes including (without limitation) marketing, research and development of goods and services.
To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Ksubi, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.
You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.
Ksubi reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:
In using the Website and Services you must not:
Ksubi may at any time immediately terminate your membership or access to the Website at any time in its sole discretion and with prior notice if reasonable in the circumstances. You may at any time terminate your membership or access to the Website at your sole discretion and with prior notice if reasonable in the circumstances.
If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.
This policy is governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.
We collect personal information about you as an individual in the following circumstances:
We use the personal information collected from you for the purpose of running our business or providing services to you as our customer, for example:
When you engage with us on line or walk into a store, we may collect general information that will not personally identify you, such as:
This information provides us with usage data so that we can produce anonymous statistics that we use to analyse and improve our business.
Cookies may be used on our websites. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are. These cookies are known as your "Unique Visitor Cookie" and identify your visit only by a random number (e.g. #12489), the name of the domain from where the cookie has come and the “lifetime” of the cookie.
Cookies do not collect sensitive information like financial information or passwords. We hold personal information in our own secure databases and to some extent for marketing purposes in the databases of third parties engaged by us (subject to obligations regarding privacy and confidentiality) to conduct electronic direct marketing subject to all legislative requirements.
You can accept or decline our cookies by adjusting the "accept cookies" setting on your browser, however this may affect the functionality of our website on your browser. For example, you may not be able to personalise features on our website if you decline our cookies.
We take all reasonable steps to protect your personal information. Our website uses the VeriSign security encryption method to ensure your online purchases are 100% secure. VeriSign is an SSL protocol that encrypts your information into codes so that your information is kept secure while being transmitted via the internet. Our payment gateway provider Braintree is one of the safest online payment providers and only stores an encrypted token of your credit card details. If you would like to remove this token, you will need to log-in to your account on our website and delete the credit card details associated with your account.
We may disclose your personal information to any of our related companies on the condition they will use it only for the same purposes we do under this policy or for other limited purposes such as to help us in providing goods and services. Related third party companies include:
We may also disclose your personal information to third parties outside of the above list in the following circumstances:
You have the option to opt-out of receiving marketing communications from us. If you do not wish to continue to receive electronic marketing communications from us and/or selected third parties you can opt-out by clicking on the ‘unsubscribe’ link in any email communication we send you, or alternatively you can email firstname.lastname@example.org with your request.
We will take reasonable steps to protect your information from misuse, loss, unauthorised access, modification or disclosure.
Unfortunately, as no on line data transmission is ever completely secure, we cannot guarantee or warrant the security of your personal information.
Ksubi Customer Service
Level 1, 1-3 Mandible Street
Alexandria, NSW, 2015