Terms & Conditions
Terms & Conditions
- These Terms apply to the ordering, purchase and delivery of Products from the Website. Each time you place an Order, you agree to be bound by these Terms.
- These Terms supercede any contrary terms of any invoice, order confirmation, delivery docket or other document issued by the Kayser to You.
- We may change these Terms at any time. The Terms which apply at the time You place an Order are those which apply to that Order.
- Orders must be placed in accordance with the Order and Delivery Policy.
- You acknowledge that the representations of the Products on the Website do not constitute an offer to sell but an invitation to treat.
- By placing an Order, you make an offer to us to purchase the Products you have selected on the Website subject to these Terms.
- You will receive an electronic Order confirmation from us as soon as practicable after you have placed your Order and made payment in full.
- The electronic Order confirmation is an acknowledgement that we have received your Order and does not constitute the acceptance of the Order.
- An Order will be accepted, and an agreement between Kayser and You, will be formed once your payment has been received and approved, your debit or credit card has been debited via Shopify Payments, PayPal, AfterPay ZipPay and/or ZipMoney and any additional verification procedures (outlined in clause 5(2)) have been undertaken by us or a third party.
- Once you have placed your Order, you cannot cancel or revoke your Order unless expressly provided for in these Terms. However, you can return Products under the Returns Policy.
- STOCK AVAILABILITY
- All Orders are subject to the availability of stock. If your Order contains a Product that is subsequently out of stock or unavailable for any reason, we may not be able to fulfil all or part of your Order. Accordingly, we will cancel all or part of the Order and refund any monies paid to us in accordance with clause 7(1).
- We reserve the right to withdraw from sale any Products displayed on the Website for any reason and at any time. If your Order contains a Product that has been withdrawn from sale and the payment for that Product has already been processed, we will cancel all or part of the Order and refund any monies paid to us in accordance with clause 7(1).
- We reserve the right to correct any errors in pricing, image or description of Products on the Website. If your Order is affected by an error in pricing, image or description of a Product, we will notify You of this as soon as possible. For pricing errors (where your Order and payment has been approved, we will give You the option of either re-ordering the Product(s) at the correct Price or cancelling the Order and receiving a full refund. For image or description errors we will give you the option of continuing with the Order or cancelling the Order and receiving a full refund.
- PRICE, OTHER FEES AND TAXES
- You agree to pay the Price and a Delivery Fee (if applicable) when You place an Order.
- The Products in your Order are charged at the Price specified on the Website at the time you place the Order.
- Prices and Delivery Fees are in Australian dollars ($AUD) and include GST (where applicable).
- Prices are subject to change at any time without notice to You. Subject to clause 3(3), if you have placed an Order at a particular price, then we will supply the Product(s) at that Price.
- For deliveries outside of Australia, You must pay any customs and import duties, value added tax and/or taxes that may be levied on your Order upon arrival at the country in which your nominated delivery address is located.
- Orders must be placed using an approved payment method. The payment methods are specified on the Website and in the Ordering Policy.
- We reserve the right to undertake, or engage a third party to undertake, fraud detection procedures to verify that the Order and credit card details are genuine and that You are the legitimate cardholder.
- Your Order will not be processed or delivered if a payment has not been approved by us in accordance with clauses 2(6) and 5(2).
- Products are delivered in accordance with these Terms and the Order and Delivery Policy.
- Kayser is not liable for any delays in the delivery of any Products to your nominated delivery address if such delay is caused by circumstances beyond the reasonable control of Kayser its delivery agent or the postal operator.
- Risk and title in the ordered Products passes to You upon delivery of the Products to your nominated delivery address.
- ORDER CANCELLATIONS
- We reserve the right at any time after the receipt of the Order to reject or cancel the Order for any reason including without limitation unavailability of stock; withdrawal of stock; an error in the price, image or description of the Product; an incorrect or incomplete Order; or unapproved payments, . If we reject or cancel your order, we will immediately notify You by email or phone using the email address or number(s) provided by You. If applicable, we will refund any payment made by You by using the original tender and method used by You to place the Order.
- To the extent permitted by law, Kayser will not be liable to You for any loss or damage suffered by You or any third party as a consequence of the cancellation of an Order for any reason.
- Products must be returned in accordance with the Returns Policy.
- Kayser may from time to time promote or advertise competitions, trade promotions, events, offers and other promotional activities. Certain offers are subject to terms and conditions which will be specified at the time of issue and on the Website.
- Kayser may from time to time offer promotional or discount codes which may apply in respect of certain Products purchased via the Website. The promotional or discount codes are personal to the customers to whom they are issued and cannot be transferred or sold to another person. The conditions of using the promotional or discount code will be specified at the time of issue. We reserve the right to cancel all or any promotional or discount codes at any time if we suspect or detect errors, fraud or misuse of the codes.
- LIMITATION OF LIABILITY
- These Terms do not affect or limit your statutory rights.
- Our Products 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 compensation for any other reasonable foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
- Other than those statutory rights that cannot be excluded, Kayser excludes to the maximum extent permitted by law, all implied term and warranties, whether statutory or otherwise, which relate to the subject matter of these Terms.
- To the maximum extent permitted by law, Kayser, its officers, employees, agents and representatives will not be liable to You for any loss, damage, claim, injury, cost or expense (including any direct, indirect, special or consequential loss or damage), however caused which may arise directly or indirectly from or in connection with these Terms, except if such loss or damage arises as a result of our gross negligence.
- To the extent permitted by law, Kayser is not liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Kayser.
- You agree to indemnify Kayser, its officers, employees agents and representatives (Indemnified Parties) against all losses, damages, claims, costs and expenses (including legal costs) suffered or incurred by the Indemnified Parties arising directly or indirectly in connection with:
- any breach of any obligation under these Terms by You; or
- any negligent or wilful act or omission by You.
- Kayser may terminate the agreement with You:
- at any time by giving notice to you pursuant to clause 14(1); or
- immediately without notice if You have breached these Terms and failed to remedy the breach within 7 days of being given notice by us to do so or if the breach cannot be remedied.
- We may send you direct marketing materials if you:
- signed up to our email subscriber program; or
- if you placed an Order via the Website, unless you indicated otherwise in your account profile or You opted out at the time you placed the Order.
- If You wish you update or correct any of your personal information that you have provided to us, You can either log into your account profile (if you have created an account) or contact us by email at email@example.com.
- We may notify You by email or phone using the email address or phone number(s) provided by You. You may notify us by email at firstname.lastname@example.org.
- If any clause of these Terms is invalid, illegal or unenforceable, it is to be read down or severed and the rest of the Terms remain in force.
- APPLICABLE LAW AND JURISDICTION
- These Terms are governed by and construed in accordance with the laws of Victoria, Australia.
- Kayser and You submit to the exclusive jurisdiction of the courts of Victoria, Australia.
In these Terms:
Delivery Feemeans the applicable fee for the delivery of the Products.
GSTmeans GST as defined in the GST Act.
GST Act meansA New Tax System (Goods & Services Tax) Act 1999 (as amended).
Delivery Policymeans the Kayser Delivery Policy.The Delivery Policy forms part of these Terms.
Kayser, we.us or our means Simon De Winter Group Pty Ltd ACN 082 655 838 of 660 Rathdowne Street, Carlton, Victoria 3053.
Ordermeans a request to purchase Products from the Website.
Order and Delivery Policymeans the Kayser Order & Delivery Policy. Click here. The Order and Delivery Policy forms part of these Terms.
Pricemeans the purchase price of a Product as displayed on the Website.
Products means any products offered for sale on the Website;
Returns Policymeans the Kayser Returns Policy. The Returns Policy forms part of these Terms.
Termsmeans these terms and conditions.
Youmeans the customer.
Websitemeans the website for the Australia & Asia Pacific Regionwww.kayserlingerie.com.au