Terms of service
Overview
This website is operated by Kings Custom Designs. Throughout the website, the terms “we”, “us” and “our” refer to Kings Custom Designs. Kings Custom Designs also referred to as KCD.
Kings Custom Designs provides this website, including its information, products, features and services, subject to these Terms of Service.
By visiting our website, creating an account, submitting a custom-design request or purchasing a product, you agree to these Terms of Service and any policies referred to within them, including our Privacy Policy, Shipping Policy and Return and Refund Policy.
Please read these Terms carefully before using our website. Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.
Section 1. Eligibility and Account Information
You must be legally capable of entering into a purchase agreement to place an order through our website.
You agree to provide accurate, complete and current information when placing an order or creating an account. You are responsible for protecting your account details and for activity conducted through your account.
You must not use our website or products for an unlawful purpose.
Section 2. Product Information
We make reasonable efforts to ensure that product descriptions, dimensions, compatibility information, photographs and prices are accurate.
However, colours and product appearance may vary slightly depending on lighting, photography, screen settings, filament batches and manufacturing variations.
Measurements stated on product pages are approximate unless expressly stated otherwise. Customers are responsible for reviewing the product description, measurements and compatibility information before purchasing.
We may update, change or discontinue products without notice.
Section 3. 3D-Printed Products
Our products are manufactured using additive manufacturing.
Small layer lines, seams, support marks, surface marks, colour variations and minor cosmetic imperfections may be visible. These are normal characteristics of the 3D-printing process and are not generally considered defects when they do not affect the product’s intended function, reasonable durability or safety.
Colours, shades and surface textures may vary slightly between batches and may appear different from photographs due to filament variation, lighting, photography and screen settings.
Products may soften, deform, fade or deteriorate if exposed to conditions outside the intended use of the material, including excessive heat, prolonged ultraviolet exposure, chemicals, flames or unreasonable loads.
Any material limitations or special care instructions stated on a product page form part of these Terms.
Section 4. Product Compatibility and Installation
Where a product is advertised for use with a particular vehicle, motorcycle, bicycle, wheelchair, mobility device, boat, bar size or other application, customers must check the listed measurements and compatibility information before purchasing.
Unless expressly stated otherwise:
- products are supplied as accessories only
- installation is the customer’s responsibility
- mounting surfaces and fasteners must be suitable for the intended application
- products must not obstruct controls, visibility, safety equipment or normal operation
- products must be checked regularly for movement, wear, cracking or damage
Stop using a product immediately if it becomes loose, cracked, damaged or unsafe.
Kings Custom Designs is not responsible for damage caused by incorrect installation, misuse, modification, excessive force, unsuitable mounting locations or use outside the stated purpose, except where liability cannot legally be excluded.
Section 5. Safety-Critical Applications
Unless specifically stated in the product description, our 3D-printed products are not designed or certified for safety-critical, load-bearing, medical, life-support, fall-protection or emergency applications.
Products must not be used as replacements for legally required safety equipment or manufacturer-certified structural components unless expressly identified as suitable for that purpose.
Customers are responsible for deciding whether a product is appropriate for their intended application.
Section 6. Orders
Submitting an order is an offer to purchase.
An order is accepted when we confirm acceptance or begin processing or manufacturing the product. We may decline or cancel an order where reasonably necessary, including because of:
- incorrect pricing or product information
- suspected fraud or unauthorised payment
- stock or manufacturing limitations
- an unsafe or unlawful custom request
- an address outside our available delivery area
- circumstances outside our reasonable control
If we cancel a paid order, we will refund the applicable amount using the original payment method.
Customers should review their order carefully before submitting it. Once manufacturing has started, we may be unable to accept cancellations or changes, particularly for customised products.
Section 7. Custom and Personalised Orders
Custom-designed, personalised and made-to-order products may require the customer to provide measurements, photographs, drawings, files or specifications.
You are responsible for ensuring that information you provide is complete and accurate. We are not responsible for fitting problems caused by incorrect customer-supplied measurements, specifications or compatibility information.
Where we provide a proof, drawing, rendering or design for approval, manufacturing may begin after approval is received. Approval confirms that you accept the visible design, wording, dimensions and other included specifications.
Changes requested after approval may incur additional design, material or manufacturing charges.
Custom or personalised products cannot generally be returned for change of mind. This does not affect rights relating to faulty products or products that fail to comply with the approved design or Australian Consumer Law.
Section 8. Customer-Supplied Designs and Intellectual Property
When submitting logos, text, images, drawings, models or other materials, you confirm that:
- you own the material or have permission to use it
- our use of the material to complete your order will not infringe another person’s rights
- the requested product is not unlawful or misleading
You remain responsible for customer-supplied intellectual property.
Unless otherwise agreed in writing, purchasing a physical product does not transfer ownership of our original CAD files, digital models, manufacturing files, prototypes, designs or production methods.
Our original designs, photographs, product descriptions, branding, logos, CAD models and website content must not be copied, reproduced, reverse engineered, distributed or used commercially without our written permission.
Section 9. Prices and Payment
All prices are displayed in Australian dollars unless stated otherwise.
Prices may change without notice, but changes will not affect an order already accepted.
Shipping charges are displayed during checkout. Any applicable taxes will be handled in accordance with our current tax obligations.
You agree to provide accurate payment and billing information and confirm that you are authorised to use the selected payment method.
Section 10. Shipping and Delivery
Shipping and delivery are governed by our Shipping Policy.
Processing and manufacturing times are separate from carrier transit times. Delivery estimates are not guaranteed.
We are not responsible for delays caused by postal carriers, natural disasters, severe weather, industrial action, incorrect addresses or other events outside our reasonable control.
However, we remain responsible for complying with any obligations that apply under Australian Consumer Law.
Customers must provide a complete and accurate delivery address. Additional postage costs caused by an incorrect address or an unclaimed parcel may be charged to the customer where permitted by law.
Section 11. Returns, Faults and Refunds
Returns, exchanges and refunds are governed by our Return and Refund Policy.
Our policies do not exclude or limit any consumer guarantee or other right available under Australian Consumer Law.
Section 12. Website Information and Errors
Occasionally, our website may contain typographical errors, inaccurate descriptions, incorrect prices or availability errors.
We may correct these errors and update information at any time.
Where an error materially affects an order, we may contact you to confirm whether you wish to proceed or cancel the order and receive a refund.
Section 13. Third-Party Services and Links
Our website may use or link to services operated by third parties, including Shopify, payment providers, shipping carriers and social-media platforms.
We are not responsible for third-party websites, content or services outside our control. Your use of those services may be governed by separate terms and privacy policies.
Section 14. Relationship With Shopify
Kings Custom Designs is powered by Shopify, which provides the ecommerce platform used to offer our products and services.
Purchases made through this store are made directly between you and Kings Custom Designs. Shopify is not the seller of our products.
Section 15. Privacy
Personal information collected through our website is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, information may also be processed by Shopify and other service providers as necessary to operate the website, process payments, prevent fraud and fulfil orders. Shopify recommends explaining this relationship in your store terms and privacy policy.
Section 16. Reviews and Feedback
You may submit genuine reviews, feedback, suggestions or photographs relating to our products.
You confirm that anything you submit is accurate, lawful and does not infringe another person’s rights.
Unless you tell us otherwise, you grant us permission to reproduce and display product reviews and submitted product photographs for operating and promoting Kings Custom Designs.
We will not knowingly publish fake or misleading reviews.
Section 17. Prohibited Use
You must not use our website:
- for unlawful or fraudulent activity
- to infringe intellectual-property rights
- to upload malicious software
- to collect other users’ information without permission
- to interfere with website security or functionality
- to impersonate another person
- to scrape, copy or commercially exploit our website or product designs without permission
We may restrict access where we reasonably believe these Terms have been breached.
Section 18. Consumer Guarantees and Liability
Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms excludes, restricts or modifies those guarantees or any associated rights or remedies.
To the extent permitted by law, we are not responsible for loss or damage caused by:
- misuse or unreasonable use
- installation contrary to supplied instructions
- unauthorised modification
- use outside the product’s stated purpose
- incorrect customer-supplied measurements or specifications
- continued use after damage or wear becomes apparent
Any limitation of liability in these Terms applies only to the extent permitted by law.
Section 19. Indemnity
To the extent permitted by law, you agree to compensate Kings Custom Designs for reasonable loss arising directly from your unlawful use of the website, infringement of another person’s rights, or material breach of these Terms.
This clause does not require you to compensate us for loss caused by our own negligence, unlawful conduct or breach of a consumer guarantee.
Section 20. Severability
If any part of these Terms is found to be invalid or unenforceable, that part will be severed or limited to the minimum extent required. The remaining Terms will continue to apply.
Section 21. Governing Law
These Terms are governed by the laws of Queensland, Australia.
You and Kings Custom Designs submit to the jurisdiction of the courts and tribunals of Queensland and any courts entitled to hear appeals from them.
Nothing in this section limits any rights a consumer may have to bring a claim in another jurisdiction under applicable consumer law.
Section 22. Changes to These Terms
We may update these Terms from time to time by publishing a revised version on our website.
Changes will apply from the date they are published and will not retrospectively alter an order already accepted, unless required by law or agreed with the customer.
Section 23. Contact Information
Questions about these Terms can be sent to:
Kings Custom Designs | KCD
Email: kings-custom-designs@outlook.com
ABN: 37 813 319 959