1. Purpose and Introduction
    • This Policy sets out the requirements to be followed by Authorised Sellers selling KYB Products by way of the internet. The purpose of the Policy is to protect the reputation of KYB Products for the benefit of KYB, for the benefit of Authorised Sellers and for the benefit of purchasers of KYB Products.
  2.  Definitions
    • Authorised Seller means a seller of the Product who has entered into a written agreement with KYB to sell the Products, or a seller who purchases Products from an Authorised Reseller for the purpose of selling the Product, including selling the Products by way of a Site.
    • Authorised Reseller means an Authorised Seller of the Product who is an account holder and is either permitted by KYB, or not prohibited by KYB, to on-sell the Product to an Authorised Seller.
    • Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
    • Brand Guidelines means the brand guideline documents provided by KYB to Authorised Sellers, either directly or by way of an Authorised Reseller, in respect of the use of the KYB Brand.
    • KYB means KYB Shock Absorbers (Australia) Pty Ltd ACN 005 601 294 of 6 Kingston Park Court, Knoxfield, Victoria 3180.
      Online Conduct means the required conduct set out in clause 8(a) of this Policy.
    • Online Seller means any Authorised Seller selling the Product by way of a Site.
    • KYB Brand means the trademarks, logos, signs, images, words and phrases, or other writing, or a combination of these, that is subject to copyright and/or are registered and/or otherwise distinguish KYB and its Products from its competitors and other businesses.
    • KYB Warranty means the warranty provided by KYB for the Product.
    • Policy means this Policy relating to the sale of Products by Authorised Sellers on Sites by way of the internet.
    • Privacy Act means the Privacy Act 1988 (Cth) with all incorporated amendments, which regulates the storage and use of personal information.
    • Product means the products manufactured by KYB and supplied to the Authorised Seller.
    • Site means the website pages being used by an Authorised Seller to sell the Product, including the website of the Authorised Seller or a third party eCommerce website.
  3. Identity of Online Seller distinct from KYB
    • The Online Seller must ensure their identity is not confused with that of KYB on the Site so that it is clear to a person visiting the Site that the Online Seller and KYB are distinct entities.
    • The Online Seller must ensure the Online Seller clearly displays their business name, provides their contact details (including, telephone contact and email address), and provides their trading identity, for example the company name with Australian Company Number (ACN), the name of the trustee of the trust relevant to the business or name of the sole trader.
  4. Use of KYB Brand
    • Only Authorised Sellers may use KYB’s Brand.
    • Authorised Sellers must only use KYB’s Brand in accordance with the Brand Guidelines and must ensure that the use of the KYB Brand has a professional finish.
    • Authorised Sellers may only use the KYB Brand to the extent a Brand Guideline document is provided to the Authorised Seller by KYB.
    • If the supply agreement or trading terms and conditions between the Authorised Seller and KYB is terminated, or otherwise expires, the Authorised Seller is no longer permitted to use the KYB Brand.
    • If the Authorised Seller is provided with an updated or amended Brand Guideline document the Authorised Seller must promptly check the Site, and any other use of the KYB Brand, and make all the required amendments to the Site, and any other use of the KYB Brand, so that the use of the KYB Brand complies with the updated or amended Brand Guideline document.
    • KYB may conduct a review of the Site at any time and advise the Online Seller in writing of any incorrect use of the KYB Brand on the Online Seller’s Site, in which event the Online Seller must correct the use of the KYB Brand within seven (7) days of receipt of the written notice from KYB, unless otherwise advised or agreed between KYB and the Online Seller.
    • Persons and entities who are not Authorised Sellers are not permitted to use the KYB Brand except as permitted by law.
  5. Display of the Products on the Site
    • The Online Seller is responsible for and must comply with the following when offering the Product on the Site:
      • only offer new Products (to avoid doubt, Products that are not used);
      • only offer and supply Products in their original packaging;
      • clearly state the price to purchase the Product including any relevant tax;
      • provide a proof of transaction to a purchaser of the Product;
      • ensure any representation made on the Site in regard to a Product or the Products, is correct and accurate and is not false or misleading;
      • only use the correct image matching the Product being sold;
      • only use images of the product that have a professional finish;
    • KYB may conduct a review of the Site at any time and advise the Online Seller in writing if any of the requirements listed in clause 4(a) are unsatisfactory, in which event the Online Seller must correct Site so that it complies with this Policy within seven (7) days of receipt of the written notice from KYB, unless otherwise advised or agreed between KYB and the Online Seller.
  6. Delivery and Returns
    • The Online Seller is responsible for delivering the Product to its customers in a timely manner. The Online Seller must provide correct and accurate information on the delivery method and delivery timeframe for the Product.
    • The Online Seller must provide clear information on the return procedure and the
      Online Seller’s contact details regarding returns. In relation to returns:

      • if the Online Seller provides a warranty that warranty must comply with the requirements of the Australian Consumer Law;
      • the Online Seller must comply with the consumer guarantees provided under the Australian Consumer Law in respect of returns;
      • the Online Seller must provide information in relation to the remedies that are available, for example refund, replacement or repair, for goods that are not of acceptable quality or do not otherwise comply with the consumer guarantees.
    • KYB may conduct a review of the Site at any time and advise the Online Seller in writing if any of the requirements listed clause 6(a) or 6(b) are unsatisfactory, in which event the Online Seller must correct Site so that it complies with this Policy within seven (7) days of receipt of the written notice from KYB, unless otherwise advised or agreed between KYB and the Online Seller.
  7. Use and Fitting Information
    • The Online Seller must provide information on its Site to the effect that the Product must only be fitted or used in accordance with the Product instructions and/or specify that the Product should be fitted by a person with the required expertise to fit the Product.
    • KYB may conduct a review of the Site at any time and advise the Online Seller in writing if any of the requirements listed in clause 7(a) is unsatisfactory, in which event the Online Seller must correct Site so that it complies with this Policy within seven (7) days of receipt of the written notice from KYB, unless otherwise advised or agreed between KYB and the Online Seller.
  8. Compliance with laws and Online Seller conduct
    • The Online Seller acknowledges that the conduct of the Online Seller may reflect upon, and affect the goodwill and reputation of KYB and the Online Seller agrees that it must not use offensive language, defame customers, other persons or competitors and that the Online Seller must conduct itself in a professional manner when:
      • communicating with customers, suppliers, other businesses and persons regarding the Products and generally;
      • in all communications made on or through the Site, any social media pages or other internet platforms or advertising mediums used by the Online Seller.
    • The Online Seller must comply with all applicable laws, including the Australian Consumer Law, privacy laws as applicable and the SPAM Act 2003 (Cth).
    • Where an Online Seller is not required to comply with the Privacy Act, KYB encourages the Online Seller to handle personal information and other information regulated by the Privacy Act in accordance with the Privacy Act.
    • KYB may conduct a review of the Site at any time and may:
      • advise the Online Seller in writing if any of the requirements listed in clause 8(a) and 8(b) are unsatisfactory, in which event the Online Seller must correct Site so that it complies with this Policy within seven (7) days of receipt of the written notice from KYB, unless otherwise advised or agreed between KYB and the Online Seller; or
      • if, in the reasonable opinion of KYB the conduct will affect the goodwill and/or reputation of KYB and if applicable, terminate the supply agreement or trading terms and condition as applicable pursuant to the applicable supply agreement or trading terms and conditions.
  9. Compliance with this Policy
    • The Online Seller acknowledges that the Online Seller is required to comply with this Policy and any other agreements entered into with KYB.
    • KYB may conduct a review of the Site at any time and advise the Online Seller in writing if any of the requirements provided in this Policy are not satisfactorily complied with in the reasonable opinion of KYB, in which event the Online Seller must remedy the issue within seven (7) days of receipt of the written notice from KYB, unless otherwise advised or agreed between KYB and the Online Seller.
    • If the Online Seller does not comply or continues not to comply with a notice from KYB to comply with this Policy, KYB may exercise any rights it has available pursuant to an agreement and/or at law.
    • A member of the public may make a complaint to KYB regarding an Online Seller, in which event KYB will consider the complaint.
  10. Sellers who are not Authorised Sellers
    • KYB may decide at its discretion to take any action available to KYB at law in respect of persons and entities selling KYB manufactured products or using the KYB Brand, or other intellectual property owned by KYB, in a manner that is inconsistent with applicable laws.