Terms of service

TERMS AND CONDITIONS

1. ACCEPTANCE
1.1 Parties: These Terms are between Kodee Pty Ltd as The Trustee for The Kodee Trust trading as Bricks and Figures Australia (ABN 69 136 787 821), its successors and assignees (referred to as “we” and “us”) and you, the person, organisation or entity described in the Order Form (referred to as “you”). These Terms apply to all Goods provided by us to you.
1.2 Acceptance: You have requested the Goods set out in the Order Form. You accept these Terms by:
(a) accepting the Order Form online;
(b) signing and returning the Order Form; or
(c) confirming in writing including by email that you accept the Order Form;
(d) making part or full payment for the Goods.
1.3 You agree that these Terms form the agreement under which we will supply Goods to you. Purchasing Goods from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms.
Our Contact details:
Kodee Pty Ltd as The Trustee for The Kodee Trust trading as Bricks and Figures ABN 69 136 787 821
admin@kodee.com.au

2. GOODS
2.1 The LEGO word mark, the DUPLO word mark, the LEGO Minifigure, and the brick and knob configurations are trademarks of the LEGO Group. LEGO® is a trademark of the LEGO Group of companies which does not sponsor, authorize or endorse this site. We are not affiliated with the LEGO Group or any other LEGO brand entities.
2.2 Any trademarks, logos, or branding associated with LEGO are the property of their respective owners. Any LEGO products being sold are not brand new in the original sealed packaging.
2.3 Any LEGO products being sold are second-hand. In the rare circumstance the LEGO products being sold exhibits signs of wear, including scratches or scuffs, this will be made evident in the Order Form and in any photographs provided.
2.4 We will use reasonable endeavours to explicitly describe the age, conditions and any defects of the Goods in the Order Form. While we strive to provide accurate product descriptions, there may be occasional errors or omissions. The condition of the Goods may vary and you should review product descriptions and images carefully before making a purchase. Please contact us if they have any questions or concerns about the Goods listed. The Goods are sold ‘as is’ and with all faults.
2.5 Unless otherwise agreed between Parties in writing, we will not dispatch the Goods until we receive payment in full.
2.6 We may provide the Goods to you using our employees, contractors and third-party providers, and they are included in these Terms.
2.7 CHOKING HAZARD: Our Goods contains small parts and are not suitable for children under 3 years.

3. PRICE, INVOICING AND PAYMENT
3.1 You agree to pay us the amounts set out in our Order Form.
3.2 All amounts are stated in Australian dollars.
3.3 All amounts include GST unless stated otherwise.
3.4 Unless otherwise agreed between Parties in writing, the cost of delivery is in addition to the Price.
3.5 Payment may be made by way of payment methods as set out in our Order Form when purchasing our Goods.
3.6 In the event that we provide an invoice to you, you agree to pay our Invoices by the payment date set out on the Invoice. If you do not pay by the payment date, we may cease to provide the Goods to you until we receive payment.
3.7 We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the payment date.
3.8 If invoices are unpaid after the payment date, we have the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed to us.
3.9 We reserve the right to report bad debts to independent credit data agencies.

4. DISCOUNT CODE
4.1 You can apply a valid Discount Code on your Order Form which will be deducted from the total Price.
4.2 Valid on full price Goods only, excludes sale and clearance items.
4.3 The Discount Code cannot be used in conjunction with any other offers and cannot be retrospectively applied to previous orders.
4.4 Discounts, promotions and coupons are offered at our sole discretion.
4.5 Goods purchased with a Discount Code are subject to our usual returns policy in clause 9.
4.6 Discount Codes may expire in accordance with its terms.
4.7 We reserve the right to alter or change this clause 4 at any time without notice to you.

5. YOUR OBLIGATIONS AND WARRANTIES
5.1 You warrant that:
(a) you will cooperate with us, and provide us with information that is reasonably necessary to enable us to supply the Goods as requested from time to time, in a timely manner;
(b) the information you provide to us is true, correct and complete;
(c) you will not infringe any third-party rights in working with us and receiving the Goods;
(d) you will not use the Goods for any illegal or unauthorized purpose;
(e) you assume all risks associated with your purchase and should exercise caution when handling the Goods;
(f) you will not employ, canvass, solicit, entice, induce or attempt to employ our employees or contractors.

6. CANCELLATION
6.1 Where the Goods are unavailable, we may cancel any Order Form to which these Terms apply or cancel delivery of Goods at any time before the Goods are delivered. On cancellation, we shall repay to you any money paid by you in advance for the Goods. We shall not be liable for any loss or damage whatsoever arising from such cancellation.

7. DELIVERY
7.1 Delivery of the Goods is taken to occur at the time that we (or our nominated carrier) deliver the Goods to your nominated address even if you are not present at the address.
7.2 We may deliver the Goods in separate instalments.
7.3 Any time or date given by us to you is an estimate only. You must still accept delivery of the Goods even if late and we will not be liable for any loss or damage incurred by you as a result of the delivery being late.
7.4 Unless notified otherwise by you, we will not be obliged to obtain a signed receipt or other acknowledgement from any person at the nominated place for delivery.
7.5 We reserve the right to refuse delivery to specific locations. In this case, you may choose to have an item delivered using your own couriers, in which case all insurance for loss or damage to the order caused by the delivery will be your responsibility.
7.6 Where we are not obliged to obtain a signed receipt or other acknowledgement from any person at the nominated place for delivery then such Goods shall be left at your sole risk.

8. DEFECTS, WARRANTIES, RETURNS
8.1 You must inspect the Goods immediately on delivery. If the Goods arrive clearly and significantly damaged or different to what was described in the Order Form, you should take photos or video showing the damage and contact us immediately.
8.2 You must notify us within 2 Business Days of delivery in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or Order Form.
8.3 You must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident.
8.4 Upon such notification you must allow us to inspect the Goods. You must cooperate with us by providing any photographs, videos or information necessary for us to inspect the Goods in a timely manner.
8.5 Under applicable State, Territory and Commonwealth Law (including, without limitation the Competition and Consumer Act 2010 (CCA)), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these Terms (Non-Excluded Guarantees). We acknowledge that nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
8.6 Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, we make no warranties or other representations under these Terms including but not limited to the quality or suitability of the Goods. Our liability in respect of these warranties is limited to the fullest extent permitted by law.
8.7 If you are a consumer within the meaning of the CCA, our liability is limited to the extent permitted by section 64A of Schedule 2.
8.8 If we are required to replace the Goods under this clause or the CCA, but are unable to do so, we may refund any money you have paid for the Goods.
8.9 If you are not a consumer within the meaning of the CCA, our liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to you by us at our sole discretion;
(b) limited to any warranty to which we are entitled, if we did not manufacture the Goods;
(c) otherwise negated absolutely.
8.10 Subject to this clause 9, return of defective goods will only be accepted provided that:
(a) you have complied with the provisions of clause 9.1 and 9.2; and
(b) we have agreed that the Goods are defective; and
(c) you have completed a returns form (if applicable);
(d) the Goods are returned within a reasonable time at your cost (if that cost is not significant); and
(e) the Goods are returned in as close a condition to that in which they were delivered as is possible.
8.11 Notwithstanding clauses 9.1 to 9.10 but subject to the CCA, we shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) you failing to properly preserve or store any Goods;
(b) you using the Goods for any purpose other than for which they were intended;
(c) you continuing to use any Goods after any defect became apparent or should have become apparent to a reasonably prudent user;
(d) you failing to follow any instructions or guidelines provided by us;
(e) any accident or act of God.
8.12 We will not accept the return of non-defective Goods, unless otherwise agreed between Parties in our sole discretion provided that:
(a) The Goods were not purchased on clearance;
(b) you have completed the returns form;
(c) the Goods are returned within 30 days of purchase;
(d) A copy of the invoice is provided identifying the items and date of purchase;
(e) you pay a restocking fee of fifteen percent (15%) of the value of the returned Goods. The restocking fee will be deducted from the refund amount;
(f) you pay for any freight costs; and
(g) the Goods are in its original saleable condition complete in its packaging material with all manuals.
8.13 Notwithstanding anything contained in this clause, if we are required by law to accept a return then we will only accept a return on the conditions imposed by that law.

9. CONFIDENTIAL INFORMATION
9.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than where necessary, to third party suppliers, or as required by law); to use all reasonable endeavours to protect your Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you, and not for any other purpose.
9.2 These obligations do not apply to Confidential Information that:
(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms;
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or by a regulatory authority including under subpoena.
9.3 This clause will survive the termination of these Terms.

10. FEEDBACK AND DISPUTE RESOLUTION
10.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Goods, please contact us.
10.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
(b) If the Parties cannot agree how to resolve the dispute at that initial meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
10.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

11. TERM AND TERMINATION
11.1 Either Party may terminate these Terms if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
11.2 We may terminate these Terms immediately, at our sole discretion, if:
(a) you commit a non-remediable breach of these Terms;
(b) you commit a remediable breach of these Terms and do not remedy the breach within a reasonable time after receiving written notice of the breach;
(c) we consider that a request for the Goods is inappropriate, improper or unlawful;
(d) you fail to provide us with clear or timely instructions to enable us to provide the Goods;
(e) for any other reason outside our control which has the effect of compromising our ability to supply the Goods within the required timeframe; or
(f) you fail to pay an invoice by the due date.
11.3 On termination of these Terms you agree that you are to pay for all Goods provided to you prior to termination.
11.4 On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and/or Intellectual Property.
11.5 On completion, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
11.6 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

12. LIMITATION OF LIABILITY AND DISCLAIMERS
12.1 Delay: Where the provision of Goods depends on your information or response, we have no liability for a failure to supply the Goods, where it is affected by your delay in response or supply of incomplete or incorrect information.
12.2 Availability: To the extent permitted by law, we exclude liability for:
(a) Orders being cancelled by us;
(b) the Goods being unavailable; and
(c) any Claims for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or in connection with your inability to access or use the Goods or the late supply of Goods, even if we were expressly advised of the likelihood of such loss or damage.
12.3 Disclaimers: To the extent permitted by law we disclaim all responsibility and liability for:
(a) any items in the order that are unavailable;
(b) any damage caused where you have failed to follow any instructions or guidelines;
(c) any defects that were described in the Order Form;
(d) any errors, omissions or inaccuracies in our Goods descriptions;
(e) products or services you purchase from a third party;
(f) any injuries, damages, or losses incurred as a result of your use or misuse of the Goods; or
(g) any delays in delivery of the Goods (all delivery dates are estimates).
12.4 This clause will survive the termination of these Terms.

13. INDEMNITY
13.1 You are liable for and agree to indemnify, defend, and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(a) any information provided by you that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) your breach of these Terms;
(c) any misuse of the Goods by you, your employees, contractors or agents; and
(d) your breach of any law or third party rights.
13.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Goods including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
13.3 This clause will survive the termination of these Terms.

14. GENERAL
14.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
14.2 GST: If and when applicable, GST payable on the Price for the Goods will be set out on our invoices. You agree to pay the GST amount at the same time as you pay the Price.
14.3 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
14.4 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control, including any restrictions caused by a global pandemic.
14.5 Notices: Any notice required or permitted to be given by either Party to the other under these Terms will be in writing addressed to the relevant address in the Order Form. Any notice may be sent by standard post or email, and notices will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14.6 Jurisdiction & Applicable Law: These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.
14.7 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between the Parties and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.

15. DEFINITIONS
15.1 Business Day means a day that is not a Saturday, Sunday or bank or public holiday in Queensland, Australia.
15.2 Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute, whether indirect, incidental, special, consequential and/or incidental, and whether involving a third party or a Party to the Terms or otherwise.
15.3 Confidential Information includes confidential information about you, your credit card or payment details, and the business, structure, programs, processes, methods, operating procedures, activities, products and Goods, trade secrets, know-how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as "confidential".
15.4 Discount Code means the code applied in the Order Form to receive a specified discount deducted from the total Price.
15.5 Prices are set out in the Order Form.
15.6 GST means GST as defined in the A New Tax System (Goods and Goods Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
15.7 Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.
15.8 Party and Parties means a party or parties to these Terms.
15.9 Order Form means the order form sent to you or the online checkout/order form to which these Terms form part.
15.10 Goods are set out in the Order Form.
15.11 Terms means these terms and conditions.