1. Introduction
Welcome to our website. By accessing or using the site, submitting an order, or entering into a supply agreement with KBS Sportswear Pty Ltd, you agree to comply with and be legally bound by these Terms & Conditions, which are enforceable under Australian and New Zealand law. If you do not agree, you must cease using our services immediately.
2. Services Offered
KBS Sportswear Pty Ltd provides custom-made sportswear and apparel through our website and direct ordering channels.
We provide detailed product descriptions and sample images online.
Engage directly with customers to confirm design, quantities, timelines, and pricing.
Require written approval before any order moves to production.
Offer regular updates once production is underway.
3. Placing an Order
All orders require a minimum 50% deposit before production will begin.
A formal approval email will be sent to confirm graphics, sizes, colours, quantities, and spelling. We do not proceed without your written confirmation.
Once approved, changes cannot be made.
All custom orders are final and non refundable unless the fault lies with KBS.
4. Production Timeframes & Delivery
Standard production: 5–7 weeks
High-demand periods may extend production beyond 7 weeks.
Express production (under 4 weeks) is available at a 15–20% surcharge.
Delivery is only made after full payment is received.
We are not liable for delivery delays caused by third-party carriers or events outside our control (see Force Majeure).
Customers must ensure someone is available to receive delivery. If missed, redelivery fees may apply.
5. Payment Terms
We accept:- Visa /Mastercard, Bank Transfer, Other methods as specified from time to time.
All prices are in AUD (or NZD for NZ-based clients if specified) and exclude GST, shipping, import/export duties unless otherwise noted.
Invoices must be paid in full before dispatch.
For approved account holders, terms must be adhered to as agreed in writing. Late payments incur a 2.5% monthly service fee and a $45+GST dishonour fee per instance.
6. Credit Accounts (If Applicable)
Credit applications are subject to review. KBS reserves the right to:
- Approve, suspend or cancel credit
- Vary the credit limit at any time
- Request financial documentation or trade references
- Refuse future orders if credit terms are breached
All credit customers must pay within the agreed credit period. Non-payment may result in withheld orders and legal recovery action.
7. Product Accuracy, Colours & Sizes
Colours may appear differently across screens; KBS takes no responsibility for screen-to-product variation.
Sizing charts are available; customers are responsible for selecting correct sizes.
We strive to ensure product descriptions are accurate, but errors may occur. If you believe a product received differs from the description, contact us immediately.
8. Intellectual Property
All designs, templates, logos, and branding created by KBS (or our contracted artists) remain the property of KBS unless expressly agreed in writing.
Customers warrant they hold the rights or have permission to use any logos or images supplied. KBS is not responsible for copyright or trademark breaches caused by user-submitted content.
You agree that:
- We may reproduce, adjust, and store your artwork for reorders.
- Any misuse of our IP, including duplication or commercial use, without permission, is strictly prohibited.
9. Indemnity
By placing an order with KBS, you agree to indemnify us against any losses, damages, liabilities, legal claims, or costs resulting from:
- Use of unauthorised or copyrighted material
- Breach of contract
- Misrepresentation
- Violation of any third-party rights
This indemnity survives the termination of our agreement.
10. Limitation of Liability
To the extent permitted by law (including the Australian Consumer Law and NZ Consumer Guarantees Act), KBS excludes all warranties, except those expressly stated.
We are not liable for:
- Indirect, incidental, or consequential losses
- Delays due to couriers, customs, or production issues outside our control
- Minor discrepancies in product colour or sizing
Customer errors in order approval Where liability cannot be excluded, it is limited to:
- Replacing or repairing the product
- Re-supplying services
- Refunding the order value (at our discretion)
11. Force Majeure
KBS will not be held liable for delays or failures due to events outside our reasonable control, including but not limited to natural disasters, labour strikes, pandemics, customs delays, supplier issues, courier disruptions, cyberattacks, or power outages.
12. User Responsibilities
By using our services, you confirm that:
- You are using this site and placing orders at your own risk and with sound judgement.
- The delivery address provided is accurate and accessible.
- You have reviewed the product description and accept all terms before
placing an order.
- You will not misuse the site, submit false orders, or breach applicable laws.
13. Copyright & Trademarks
This website and all its content (text, images, graphics, layout) is the intellectual property of KBS Sportswear Pty Ltd. You may not copy, reproduce, distribute, or modify any content without our written permission.
KBS logos, branding and designs are registered or unregistered trademarks of KBS. Use without consent is strictly prohibited.
14. Severability
If any part of these Terms is found to be unlawful, invalid, or unenforceable, the rest will remain in full force and effect.
15. Waiver
Our failure to enforce any right or provision under these Terms does not constitute a waiver of those rights.
16. Entire Agreement
These Terms represent the complete agreement between you and KBS. They
supersede all previous communications, proposals, or agreements whether oral or
written.
17. Governing Law
These Terms are governed by the laws of:
- Australia for Australian-based users
- New Zealand for New Zealand-based users
Disputes shall be submitted to the jurisdiction of the courts of Queensland, Australia, or the appropriate courts in New Zealand, depending on the customer’s location.
18. Contact
If you have any questions about these Terms or anything on our site, please contact:
Email:sales@kbsportswear.co.nz