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Terms of service

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to the Mr Indeva companies.

In these terms, we also refer to Mr Indeva as “our”, “we”, or “us”. And you are you!

What are these terms about?

These terms apply when you use this website, being Kollektive and any other websites we operate for all of our brands and business, including with the same domain name and a different extension (“Website”).

Mr Indeva runs a range of companies and registered businesses. These terms are overarching terms applying to the sale of all products on any of our Websites. There may be specific policies or terms and conditions that apply to individual websites and shops that we will make you aware of on the specific shop website.  In the event of any inconsistency between these individual shops and these terms, the individual shop terms will prevail.

These terms also apply when you purchase products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

PART A - For When You Buy Products…

SUBMITTING AN ORDER (1)

  1. By submitting an order for purchase of a Product using the Website's functionality (Order) you represent and warrant that: you have the legal capacity and are of sufficient age to enter into a binding contract with us; and you are authorised to use the debit or credit card you provide with your Order.
  2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
  3. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

ACCOUNTS (2)

  1. To submit an Order and/or to purchase a Product, we may require you to sign-up, register and receive an account through the Website (an Account).
  2. As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
  3. You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
  4. Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
  5. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

PRODUCTS (3)

  1. We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
  2. Until the price of your Products is paid in full, title in those Products is retained by Mr Indeva. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
  3. (Gift Cards) We may issue gift cards for use on our Website. Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you. Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else.
  4. (Promo Codes) We may offer promotional codes for use on our Website for discounted prices on the Products. Promo codes are only valid and redeemable through our checkout in accordance with the process set out on the Website, social media accounts or otherwise communicated by us to you in writing. We may change the terms of our promo codes from time to time, and we will use our best endeavours to communicate these changes to you

PAYMENT (4)

    1. All prices are:
    2. per unit (except where indicated);
    3. in Australian Dollars; and
    4. subject to change prior to you completing an Order without notice.
    5. (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
    6. (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Mr Indeva, you must pay the GST subject to Mr Indeva providing a tax invoice.
    7. (Card surcharges) Mr Indeva reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
    8. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
    9. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

              DELIVERY AND SHIPPING (5)

              1. (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
              2. (Delivery Details) Mr Indeva may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:delivery is to the delivery point specifically accepted by Mr Indeva; and
              3. we will deliver the Products to you in accordance with the shipping information displayed on our Website.
              4. (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
              5. (International Orders) Mr Indeva reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
              6. We may have specific delivery and shipping policies that apply to each brand or Website. Please check the Website and when you checkout for specific delivery and shipping policies. 

              CHANGES TO YOUR ORDER (6)

              1. CANCELLATION BY US We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
              2. CANCELLATION BY YOU You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 6.3 may apply.

               

              RETURNS AND EXCHANGES 

              1. We do not offer change of mind returns unless approved prior in writing.
              2. We will provide a full refund of the price paid for a Product if we determine that:
                1. a Product you have ordered was not received by you solely due to failure by us;
                2. a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
                3. a Product is faulty, in accordance with clause 6.3(c).
              3. (Faulty products) The following process applies to any Product you believe to be faulty.
                1. If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
                2. If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
                3. If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
                4. If we determine that the Product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
                5. If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
                6. Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

              COLLECTION NOTICE AND PRIVACY (7)

              1. We may collect personal information about you in the course of providing you with our Products, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
              2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
              3. We may need to share your information with third party platforms that we use to provide you with the Services.
              4. (Sharing your information) We may share and disclose your personal information with our related companies and other registered businesses to provide you with our goods and services and for other related purposes. You consent to the sharing of this information for the purposes of [marketing and promotional material]/[insert].
              5. By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy which can be found on our Website.

              INTELLECTUAL PROPERTY (8)

              1. Mr Indeva retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
              2. In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

              THIRD PARTY SUPPLIERS (9)

              1. We may do any of the following:
                1. outsource any part of performing any services related to providing the Products, including delivery of your Products; or
                2. procure materials and Products from third party suppliers, without further notice to or permission from you.
              2. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

               

              WEBSITE TERMS

              By using this website you agree to be bound by the terms and conditions set out on this webpage. If you do not accept these terms and conditions, you must refrain from using this website.

              This website is owned and operated by The Trustee for Mr Indeva Unit Trust ABN 43 699 015 449 and its company entities, related companies and registered businesses (referred to in these terms and conditions as ‘we’, ‘us’, or ‘our’).

              • INTELLECTUAL PROPERTY
                • Unless otherwise indicated, all materials used on this website (including text, graphics, logos, icons, sound recordings and software) are subject to copyright, trade mark or other intellectual property rights that are owned or licensed by us. You may only access and use these materials for non-commercial or personal use, except to the extent permitted by law or where you have received prior written approval from us.
              • LIABILITY
                • We make no warranties or representations about this website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this site.
              • EXTERNAL LINKS
                • Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
              • UPDATES
                • We may change these terms and conditions at any time by updating this webpage and your continued use of the website following such update will represent an agreement by you to be bound by the terms and conditions as amended.
              • PRIVACY
                • These terms and conditions also include our Privacy Policy that can be accessed by clicking the link on this page.
              • JURISDICTION
                • Your use of the website and these terms and conditions are governed by the laws of Victoria, Australia.

              MOBILE TERMS OF SERVICE

              The Kollektive mobile message service (the "Service") is operated by Kollektive (“Kollektive”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

              By consenting to Kollektive’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Kollektive through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

              You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kollektive. Your participation in this program is completely voluntary.

              We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

              You may opt-out of the Service at any time. Text the single keyword command STOP to Kollektive or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Kollektive mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

              For Service support or assistance, text HELP to Kollektive or email accounts@kollektive.com.au.

              We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

              The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

              To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

              We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.