Terms & Conditions Use and Sale

Welcome to Ksabko.com

is the unique, all Australian & Nepalese owned and operated shopping platform that allows you to buy goods from wide range of sources. You cannot only buy what you want directly from us, but we also allow third party retailers and supplier to list and sell goods directly to you through our site in what we call our marketplace, so you can enjoy thousands great deals on a massive range of products.

Here you’ll find our Terms & Condition that apply to you when you using the sites. We hope you enjoy your next Ksabko.com with us.

1. User Agreement

1. By Using Ksabko.com websites (and App and mobile sites) and our social media pages (websites) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This agreement is between you and KSABKO PTY LTD (referred to in this agreement as “we”, “us” or “our”). We may change these terms at any time, and changed will be posted on the website. By continuing to use the website, you agree to be bound by the changes.

2. Specific terms applicable to marketplace sales

1. In addition to selling its own goods and services, Ksabko.com also operates as a marketplace platform that allows independent, third party seller who abide by our standards to list and sell goods on our website(“Seller”). If goods on the site are being sold by a third party, the listing will contain the seller’s details in addition to any term of sale specific to the seller goods (such as delivery timetables).

1. By buying these goods, you are transacting directly with the seller, and Ksabko.com is not a party to the transaction. As a result, we do not control any aspects of the transaction, including the listing content and accuracy or the quality, shipping and delivery of the goods.

1. In addition to terms applicable to goods we sell, these terms also set out term applicable to goods sold by third party Sellers.

1. You agree that as a platform for independent sellers, we are not responsible for the transaction that occur between you and the seller, nor are we responsible for the seller’s goods or services to the extent permitted by law, Ksabko makes no warranty or representation regarding the standard of any goods or services to be supplied by the seller. Nothing in this clause is intended to have the effect of restricting or modify your rights or our obligations that cannot be restricted or modified by law (including the Australian & Nepalese Consumer Law).

3. Registration and User Requirements

1. You Must be a registered member to access some features of the website or our services. When you register, you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
2. By using the websites and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of your service. Such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.

1. To register an account or use to the website you must be at least 18 years old. Have a current Australian residential address and have capacity to enter into a legally binding agreement with us.

4. Access and use of the website

1. You must only use the website through the interfaces provided by us and in accordance with these terms and any applicable law.
2. You must not (or attempt to)

1. 1. Interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site.
  2. Use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site.
  3. Interfere (or attempt to interfere) with security-related or other features of our site: or
  4. Use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

1. We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us. You are solely responsible for the activities that occurs on your account (including orders placed using your account). And you must keep your account password secure. We are not responsible for any unauthorizes activity on your account if you fail to keep your account login information secure.
2. You must not use another member’s account without our, and/or the other user’s express permission. If you suspect or become aware of any unauthorizes use of your account or that your password is no longer secure. You must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
3. We do not warrant that the website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our website.

Information on this Website
1. Information about goods on the website is bases on material provided by third party Sellers, supplier and/or product manufacturers. Except as required by law (including the Australian consumer law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
3. Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the websites. In addition, where it is suitable to do so, some depictions of product or services are created or chosen by us for promotion purposes, and may not be an exact representation of the products or services received.
Disclaimer and Liability
1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the website including, but not limited to loss or damage you might suffer as a result of:

1. 1. Errors, mistakes or inaccuracies on the Website or our social media pages.
  2. You acting or not acting, on any information contained on or referred to on the Website and/or any linked website or our social media pages.
  3. Personal injury or property damage of any nature resulting from your access to or use of the website.
  4. Any unauthorized access to or use secure server and/or personal information and/or financial information stored on those servers.
  5. Any interruption or cessation of transmission to or from the Website.
  6. Any bugs, viruses, trojan horses or other harmful code or communication which may be transmitted to or through our Website by any third party: and/or
  7. The quality of any product or service of any linked sites.

1. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertises or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party Sellers of goods and services.
2. Where any law (in the Australian Consumer Law) provides a guarantee, which may not be lawfully excluded, our liability will be limited to that provided by law.
3. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

Indemnity
1. You will at all times indemnity, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal cost and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

Placing Orders
1. You are responsible for any discrepancies or errors in your order caused by you.
2. The promotion of goods or services on the Website does not constitute an offer to sell. It in an invitation to treat only.
3. Orders placed by you are offers to purchase either:

1. 1. a voucher for particular goods and/or services under the terms and conditions in this agreement, and any third-party supplier/seller terms and conditions at the price specified (including delivery and other charges); or
  2. goods under the terms and conditions in this agreement at the price specified (including delivery and other charges).

1. Goods sold by Ksabko.com are not reserved in-cart, and an order in only finalized when you have completed checkout process and received an order confirmation from us and payment is received in full.
2. When an order is placed for a seller’s goods, we will send the order to the seller for confirmation, at which time they may accept or reject your order, we will refund you for the order and associated shipping charges. You will receive conformation that your order has been accepted by the seller via email.
3. We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
4. Your order may be rejected circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the website. In these circumstances the order will be refunded in full.
5. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problem with your order, then you must go through the normal returns process outlined in this agreement. If you change your mind, you can return your goods provided you meet the requirements set out in our change of mind returns policy in clause (17).
6. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
7. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
Guest Checkout
1. You can make purchases on our Website without creating an account by using our Guest Checkout
2. When you use Guest Checkout, we will collect any personal information you provide, including your name email and delivery address, in accordance with our Privacy Policy

Price, Payment and Use of Discount/Coupon Codes
1. The prices of goods, delivery and other charges shown are in AUD & Nepalese Rupees.
2. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
3. A discount code is only valid for a single transaction and may not be used in conjunction with any others discounts.

International Sellers and Direct Import Goods
1. Some third-party Sellers are based in overseas countries. By purchasing goods from these Sellers and importing them into Australia & nepal you may be required to comply with Australian & nepalese law and standards that apply to the importation of such goods.
2. Some products or orders from overseas Sellers which exceed the low-value import threshold (Currently $. 5,00) may be subject an additional amount of GST collected from you by the Australian & Nepal Customs and Boarder Force. Please check https://www.customs.gov.au/

Store Credits
1. If you have an account with us, any unused portion of you Store Credit shall be credited to your account.
2. To the extent permitted by law, ksabko reserves the right to change any of the terms and conditions in relations to its store credit upon the provision of reasonable notice.
3. Store credits expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at out discretion (including for goodwill Purposes) will expire after 3 months.
4. Store credit cannot be redeemed for cash or used for the purchase of gift cards. Where a minimum spends applied to any promotional event on the website, store credits do not count towards the minimum spend totals.

Shipping and Delivery
1. Subject to this agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
2. We will use our best endeavors to meet stated timeframes for delivery, however from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express post). Sellers may set their own delivery time frames which may differ from goods sold by us. You Should Check the sales listing for these details.
3. Standard and express post are subject to different fees and charges. In addition, certain good (including large and bulky items or special orders) may be subject to additional charges. All shipping charge will be made available to you the checkout.
4. Seller utilize their own shipping and distribution network and may charge different rates for shipping on goods.
5. Express shipping is available only certain areas and for certain orders and your order eligibility will be confirmed at checkout.
6. For goods sold by Ksabko.com, some order may not require signature and will be lift in a safe place at your delivery address in accordance with AU POST’S standard practices.
7. A signature may be required for some deliveries and some marketplace orders (depending on the individual Seller’s requirements). You are responsible for ensuring you are able to accept delivery. Neither we, nor a marketplace Seller will be responsible

For late delivery where attempted delivery has occurred on or before the stated delivery time-frames.
For lost or missing parcels that have been signed for at your selected delivery address (regardless pf whether or not you have personally accepted delivery).
For lost or missing marcels left at your chosen location where you have expressly given authority to leave with the item’s carrier.

1. If you opt to pick up your order from a target store location:
Your order will be sent to the target store you select at checkout.
Your order will be shipped to your chosen location and will be ready for collection when we notify you.
You must collect your order within 14 days of being notified it is ready for collection. If you do not collect your order within this time frame, your order will be considered abandoned and will be returned to our warehouse. You will be refunded for the amount of the order, less the amount of a shipping and handling fees and an additional re-stocking fee per order (depending on the order).
1. We reserve the right to change, modify or discontinue any delivery option at our absolute discretion.

Packaging and Labelling
1. we endeavor to depict goods available for using accurate image of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the websites.
2. We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.
3. Because some goods are imported or originate from outside from Nepal, their packaging, ingredients, composition and quality may vary from the same or similar product available Australia, Nepal and made directly for the Australia & Nepalese market.

Software and Technology Purchases – Limitation of Liability
1. You acknowledge that storage media such as hard drives in laptops, external hard drives, SD cards and USD keys can fail without warning, leading to a loss of data. you should regularly back up software stored on the media. In the event that storage media ordered from us becomes faulty, fails or otherwise detrimentally affects software or data stored on it, except as required by law, we will not be liable for any loss or damage to the software or data.
2. If you return storage media (such as a hard disc drive) whether separately or as apart of another product, to us for any reason, including replacement or repair, we will not be responsible for any software or data stored on the media. We make on representation that we will be able to repairs or replace any product without risk to or loss of the software or data.
Digital Access Code (Games, Movies and other digital content)
1. Any digital access codes offered on the website (i.e. Steam Key, Uplay game codes etc.) are sold subject to the term of use of third-party distribution channels and the software or content unlocked by such codes is subject to intellectual property rights of third-party licensors. Your use of the software or content (i.e game, music, video etc.) may be restricted by digital rights management (“DRM”) code or software controls embedded in the content by the licensor of the said content. Rolo.com.np is not responsible for application of any DRM, or the affect it may have on your use of the content and we are not liable for the operation of DRM. You should check the user terms of the associated software or content distributor prior to purchasing an access key.
2. You are responsible for determining whether your PC or User device is compatible with the software or content unlocked by access codes you purchase on the site. For recommended specification, consult the product listing, or alternatively the publisher or distributor (i.e Steam) website. Redemption of software or content will require high-speed internet access. Your ISP may charge you additional amounts for data usage, and you must familiarize yourself with these charges prior to purchasing any access keys.
3. For trouble redeeming your codes, you should first contact the relevant distribution Channel (i.e Steam) for technical assistance.

Change of Mind Returns
1. Ksabko and its Sellers will allow a return for store credit or exchange product where you have changed your mind, provided that the item in question is:

Returned within 14 days of receiving order.
As new and is not used, worn, or opened and has all original packaging and tags in-tact [including any package seals (if any) being unbroken].
In a resalable condition; and
Not damaged in any way.
1. We cannot accept change of mind returns on items that come in sealed package or boxes where seals are damaged or broken.
2. To return your item for change or mind, you must follow our process, or the return process of the relevant seller.
3. You will be responsible for the cost and risk of returning goods. Including the cost of return shipping. If the item is not received by us or the seller, you will not be eligible for a credit or exchange. We recommend you ensure high value items that you return of change of mind.
4. You may be provided with a product exchange, refund or store credit (at our discretion or at the discretion of the Seller) only when the returned product is received, and it complies with the requirement of clauses 17.1.
5. If the returned item does not meet the conditions of this policy, you will be responsible for the cost of receiving your returned goods back to your nominated address.
6. Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, swimwear, and adult toys due to hygienic reasons. Remedies for defective goods are still available. Under no circumstances can change of mind returns for digital access codes or downloadable software be accepted.
7. From Tuesday 20 Feb. 2022 until further notice, the following products are also excluded from you change of mind policy:

Toilet paper & Paper Towel
Tissues and Serviettes
Medicinal (pain relief)
Cleaning Items
Feminine hygiene and incontinence
Baby Wipes
Hand Sanitisers

1. The following goods are excluded under this policy:
Cosmetics & Beauty Products (If hygiene seal is broken)
Pharmaceutical/Health Products
Perishable Goods & food items
Personal care items
Hosiery
Underwear & stocks
Swimwear
Pierced jewellery
Mattresses, Pillows, mattress and pillow protectors
Gift cards, phone recharge or third-party gift cards
Media (book &unsealed CDs, DVDs &video game)
Adult toys/sexual health products
Assembled furniture
Digital goods
Personalized/made to orders goods
Earphones/headphones (if package has been opened)
Large/Bulky Appliances
Any merchandise where the GST has been claimed under the tourist refund scheme, unless proof of repayment of the GST upon to Nepal is provided.

Problems with your goods-contacting us
1. If you have a problem with your goods, please contact us via the help Centre. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instruction on how to return your goods.
2. For goods purchased from an independent Seller, you may contact the Seller directly through our Help Centre. we will otherwise assist you to contact the seller if you contact us.
3. If your goods still have a valid manufacturer warranty, we recommend you first contact the manufacturer in relation to any fault or defect, however, you may still contact us.
4. Once an item is returned, we will either inspect your goods and investigate any claimed defect or in some cases, send the goods to third parties for assessment and/or repair. Where applicable we provide a remedy in relation to your goods.
5. If we do not believe a remedy is applicable upon inspecting your goods ( for example, where we believe the goods have misuses, or there was a failure to use in accordance with manufacturer’s instructions, uses it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instruction on how to make this payment.
6. Refunds will be issued using the payment method used for purchase. If you have an account with us, store credits will be issued to the account to purchase the goods.
7. We aim to process refunds and replacements with in 14 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
8. In the case of goods and/or services redeemable through a third-party provider. The refusal of a refund or store credit does not prevent you from seeking a refund directly from the provider.

Defective Goods
1. All goods sold on ksabko (whether by us or an independent seller) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
2. Any product warranty given by ksabko.com will apply in addition to other rights and remedies you may have under the Australian Consumers Law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our 12 Month Warranty Terms & Conditions. This warranty only applies where specifically advertised in the product’s listing.
3. Goods that you purchase from our site (including Seller goods) may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by ksabko and rights you may have in relation to those warranties are separate to any warranty rights given to you by ksabko. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty documents to determine whether or not the warranty applies to the goods in Australia & Nepal and, if so, how you should go about making a claim under such a warranty.

Dispute Resolution – Seller Goods
1. If you are unable to resolve a complaint or dispute with a seller in relation to your goods, you may submit your complaint to our dispute resolution procedure.
2. We will investigate your dispute in line with our published dispute resolution procedures.
Purchase and Sale of Alcohol
1. We support the responsible service of alcohol. It is against the law to sell or supply school to, or to obtain alcohol on behalf of, a person under the age of 18 years. KSABKO PTY LTD Sell alcohol under License Number xxxx.
2. Certain laws may declare your area a dry zone. As a consequence, we may be unable to deliver orders for alcohol to certain addresses. Please check with your local authorities before placing an order if you may be in a dry zone.
3. By placing an order for alcohol, you represent & warrant that you and/or the recipient, of the alcohol are at least 18 years old. It is an offence to falsely represent a person is of legal age to order alcohol and to obtain alcohol on behalf of person who is under 18 years. You may be required to provide a valid ID for proof of age and sign on delivery.
Social Media and content
1. You understand that all information, such as comments, message, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the Website. Our Facebook page, twitter feed, or forum or other like application or site that allows for the publication of user generated material (“social Media”). Is the sole responsibility of the person from whom such content ordinated.
2. You understand that we do not control and are not responsible for content made available through the website or social media unless it originates from us. Consequently, by using the website or our social media page you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk and to the extent permissible at law we do not accept liability in this regard.
3. As a member or participant on our social media pages, you agree that you are responsible for any content submitted, posted or made available through the website and you must not post (or allow) content to be posted that:

You do not have the right to post
Is defamatory or in contempt of any legal or other proceedings
Is misleading or deceptive
Is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins
Denounces religious or political beliefs:
Contains religious or political material
Is indecent, obscene, vulgar, pornographic or offensive
Infringes any copyright, trade mark, patent or other intellectual property right of another person
Contains any unsolicited or unauthorized advertising or promotional material.
Contain or link to viruses, malware, spyware or similar software: or
Impersonates any person or misrepresent your relation with any person

1. We Reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the website or our social media pages without giving any reasons.
2. You understand and agree that we may retains server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
Intellectual Property
1. All content, graphics, user and visual interfaces, photograph, trademarks, logos, sound, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in website either owned, controlled, or licensed to ksabko.com, or is otherwise subject to the intellectual proper right, including but not limited to, copyright in material and/or service provided or authored by us. Nothing In the agreement give you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
2. Other trademarks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
3. You may not:

Modify or copy the layout or appearance of the website nor any computer software or code contained in the website; or
Decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
1. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetuals, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondences or communication and to prepare derivative work of the content or incorporate the content into other work in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestion for improved good or services we provide.

Transfer and Assignment
1. You agree and acknowledge that, in the event that we merge, sell or otherwise change control of your company, our business or the website to a third party.
2. We shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third-party.
3. We shall be entitled to assign the benefit of any agreements we have with you to the third party.

General
1. We will not be liable for any delay in performing any our obligation under this agreement if such delay is caused by circumstances beyond our reasonable control.
2. This agreement will be governed by and interpreted in accordance with the laws of government, Australia. You irrevocably submit to the exclusive jurisdiction of courts of Australia.
3. If any part of this agreement is found to be void, unlawful or unenforceable then part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
4. If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision, any waiver or any provision under this agreement will only be effective if it is in writing and signed by us.

Privacy and Personal Information
1. If you provide us with any personal information our Privacy Policy Will Govern How we will use or Disclose that information. please review and understand Our Privacy Policy.

Last updated: Jan 2022

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Terms & Conditions Use and Sale

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