Terms of service

Terms of Service

These Terms of Service govern your use of the Kynexa Recover website and your purchase of products from us. By accessing this website or placing an order, you agree to these terms. Please read them carefully.

In these terms, "we", "us" and "our" mean Kynexa Recover, and "you" means the person accessing the website or placing an order.

1. Eligibility

You must be at least 18 years of age and able to enter into a legally binding contract to place an order with us. By placing an order you confirm that you meet these requirements and that the information you provide to us is accurate and complete.

2. Products and descriptions

We take care to describe and photograph our products accurately. Colours, finishes and dimensions shown on screen may vary slightly from the physical product. Product specifications are provided by our suppliers and may change. Where a change is material, we will tell you before dispatch.

Product availability is not guaranteed. If an item you have ordered is unavailable, we will contact you to arrange a substitute, a backorder, or a full refund.

3. Intended use and health information

Our recovery equipment is intended to support general wellbeing, training recovery and performance. Information on this website, including blog content, product pages and marketing material, is general in nature. It is not medical advice and it is not intended to diagnose, treat, cure or prevent any disease or condition.

You should speak with a qualified health practitioner before using recovery equipment, particularly if you are pregnant, have an implanted medical device such as a pacemaker, or have any medical condition that may be affected by its use. For products intended for horses, consult a qualified veterinarian.

You are responsible for using the equipment in accordance with the manufacturer instructions and any safety warnings supplied with it.

4. Pricing and payment

Prices are shown in Australian dollars and include GST where applicable, unless stated otherwise. Shipping is calculated separately at checkout. We may change prices at any time, but a change will not affect an order we have already accepted.

We reserve the right to correct pricing errors. If a product is listed at an incorrect price, we will contact you before dispatch so that you can choose to proceed at the correct price or cancel the order for a full refund.

5. Orders

Your order is an offer to buy. A contract is formed when we send you a dispatch confirmation, not when you receive an order confirmation email. We may decline or cancel an order, including where a product is unavailable, where we suspect fraud, or where there has been a pricing or description error. If we cancel an order you have already paid for, we will refund you in full.

6. Delivery, returns and refunds

Delivery is governed by our Shipping Policy, and returns and refunds by our Return and Refund Policy. Both form part of these terms.

7. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law.

8. Limitation of liability

To the extent permitted by law, and subject to clause 7, our liability to you in connection with a product or these terms is limited, at our option, to replacing the product, supplying an equivalent product, repairing the product, or paying the cost of doing any of those things. To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, or loss of opportunity.

9. Trade and wholesale orders

Wholesale, trade and distribution orders may be subject to a separate supply agreement. Where such an agreement applies and is inconsistent with these terms, that agreement prevails.

10. Intellectual property

All content on this website, including text, images, video, logos, and the Kynexa Recover name and branding, is owned by us or our licensors and is protected by copyright and trade mark law. You may not reproduce, distribute or use it commercially without our written permission.

11. Your use of this website

You agree not to use this website for any unlawful purpose, not to interfere with its operation or security, and not to attempt to gain unauthorised access to any part of it or to any account. We may suspend or terminate your access if we reasonably believe you have breached these terms.

12. Third-party links and content

This website may contain links to third-party websites and content. We do not control and are not responsible for third-party sites, and a link is not an endorsement.

13. Privacy

We handle personal information in accordance with our Privacy Policy, which forms part of these terms.

14. Changes to these terms

We may update these terms from time to time. The version published on this website at the time you place an order is the version that applies to that order.

15. Governing law

These terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.

16. Contact

Questions about these terms can be sent to sales@kynexarecover.com, or to Kynexa Recover, 4/62 Crockford Street, Northgate QLD 4013, Australia.