KDW APPAREL AUSTRALIA & NEW ZEALAND – TERMS AND CONDITIONS

WEBSITE

These Terms and Conditions, together with the documents referred to within the Terms and Conditions, govern the use of the Website and the supply of any Goods ordered on the Website and your use of the Website. By browsing, accessing, using the Website or ordering Goods, you agree to be legally bound by these Terms and Conditions.

If you do not agree to these terms in their entirety, you must not use this Website. When purchasing Goods from the Website these Terms and Conditions form a contract between the customer (you) and The Body Refinery Physiotherapy Pty Ltd ABN 73 600 332 376, trading as KDW Apparel Australia & New Zealand (KDWAANZ), and apply to the ordering, purchase, fulfilment and delivery of Goods from the Website. Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods, including limitations of liability.

We may amend or update these Terms and Conditions at any time by posting any changes on this Website, without providing any notice. Continued use of the Website will be deemed to constitute acceptance of the new Terms and Conditions.

We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
 
You must not link to our Website in a way that damages or takes advantage of our reputation, including but not limited to ways that:

  • suggest or imply you have any association or affiliation with KDWAANZ, or approval or endorsement from KDWAANZ when there is none; or
  • are illegal or unjust.

You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, publish or otherwise use any of the material on the Website without our prior written consent.

If you do not understand these Terms and Conditions or if you have any queries, please contact us for assistance.

DEFINITIONS

Business Day means a day that is not a Saturday, Sunday or a public holiday in Brisbane, Queensland, Australia, or in the location of the Delivery Address.
Delivery Address means the address to which the Goods are to be delivered.
Delivery Agent means any nominated third party delivery or shipping company that is engaged by KDWAANZ.
Delivery Fee means the fees charged by KDWAANZ for the delivery of Goods.
Goods mean the items offered for sale, as described or displayed on the Website.
GST means Australian Goods and Services Tax.
Order means a request by you to purchase Goods from KDWAANZ.
Price means:
          – where the delivery address is within Australia, the purchase price of each Good as specified on the Website in Australian Dollars (inclusive of GST);
          – where the delivery address is within New Zealand, the purchase price of each Good as specified on the Website in New Zealand Dollars (not including Australian GST).
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Privacy Policy means the KDWAANZ Privacy Policy found on the Website.
Promo Code means Promotional Codes or Coupons that may provide benefits when making purchases via the Website, with examples of such benefits including but not limited to: discounts to Prices or free shipping of Goods.
Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your Order.
Terms and Conditions means these terms and conditions governing the Website and any activities and transactions occurring via the Website.
Website means www.kdwapparelausnz.com
we or us or our or KDWAANZ means The Body Refinery Physiotherapy Pty Ltd, ABN 73 600 332 376, trading as KDW Apparel Australia & New Zealand (KDWAANZ).
you means the user of the Website, including as a purchaser of Goods from KDWAANZ.

Interpretation
Headings are for reference purposes only and do not affect the interpretation of these Terms and Conditions.
 
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

ORDERING FROM THE WEBSITE

Orders may be placed through the Website by submitting the electronic Order form on the Website.

An Order submitted by you on the Website is an offer by you to purchase Goods for the Price (which includes GST for deliveries to addresses within Australia) plus any Delivery Fee as specified at the time you submit your Order. You cannot withdraw that offer without our prior consent.

You acknowledge that all Orders through the Website are with respect to Goods intended for personal use only, and not for commercial use.  Restrictions on the quantity of Goods ordered may apply.

When completing the electronic Order form on the Website, you agree to provide complete and accurate information regarding your personal details (or those of your nominated recipient) to facilitate the delivery of your Order. Your personal details will also be used by the Delivery Agent to fulfil your Order. KDWAANZ will not be liable to you or another third party for any loss, liabilities, costs, damages, charges or expenses resulting from delay or failure to process or fulfil Orders, or to deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details you provided in respect of an Order.

Without limitation, if you provide inaccurate shipping details in an Order and that Order is delivered to the address indicated on the electronic Order form and is not returned to KDWAANZ, then KDWAANZ is under no obligation to resend your Order. You agree to obtain consent from the recipient of Goods (e.g. gifts) when providing their personal details to KDWAANZ.

To place an Order with KDWAANZ you must be aged 18 years or over, have an active email account, and a telephone number at which you can be easily contacted.

Prior to submitting your Order to KDWAANZ, you must carefully check that all provided details are correct. Once an Order has been submitted, any alterations to the ordered Goods may only be made by agreement with KDWAANZ, unless otherwise required by law. If you believe that you have made a mistake with your submitted Order, please contact us immediately to advise us of the details. We cannot guarantee that we will be able to amend your Order in accordance with your instructions.  KDWAANZ will not be liable to you or another third party for any loss, liabilities, costs, damages, charges or expenses for failure to amend your Order, or for failure to respond to requests to amend your Order, prior to the ordered Goods being packed for shipping.

Goods may be returned by following the Returns process as outlined in these Terms and Conditions.

In the event that you place more than one Order, even when the Orders are placed within a short timeframe of one another, the Orders will not be consolidated into a single parcel for delivery, and a separate Delivery Fee will apply to each Order. You may request a consolidation of Orders, however, you acknowledge that KDWAANZ is under no obligation to consolidate Orders, and KDWAANZ will not be liable to you or another third party for any loss, liabilities, costs, damages, charges or expenses for failure to consolidate Orders or for failure to respond to requests for consolidation of Orders.

Upon submission of your Order you will be provided with an Order number, which you will be required to provide when contacting KDWAANZ regarding the Order.

In submitting an Order you represent and warrant to KDWAANZ that:

  • you are aged 18 years or over;
  • you have read and agree to these Terms and Conditions; and
  • you have complied with all applicable laws.


Your Order must be paid for in full at the time of ordering by one of the payment methods that are available on the Website. You must be fully entitled to use the payment method or account that you use for payment. The payment method or account must have sufficient funds or credit facilities to cover the Price of the Order. We reserve the right to obtain validation of your payment details before providing you with the Goods.
  
When you place an Order, you will receive an email confirming your Order. This email will be an acknowledgement of your Order, though will not constitute acceptance of your Order. A contract between you and KDWAANZ for the purchase of the Goods will not be formed until you receive an email from us confirming that your ordered Goods have been shipped. We are under no obligation to supply the Goods to you until we have accepted your Order. 

ACCEPTANCE AND REJECTION OF ORDERS

KDWAANZ reserves the right to reject your Order for any reason at any time, including but not limited to unavailability of stock or if we suspect that the Goods may be used for purposes other than personal use. Our acceptance of an Order represents an agreement by KDWAANZ to supply you the Goods in accordance with the Order and these Terms and Conditions.

In the event that we reject an Order, we will make reasonable attempts, using the details you have provided, to notify you of that rejection via email within five Business Days of the Order being placed, wherever possible. KDWAANZ will not be liable to you or another third party for any loss, liabilities, costs, damages, charges or expenses resulting from the rejection of an Order.

In instances where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us, via the method that the money was paid to us, in respect of that Order and make reasonable endeavours to process the refund within five Business Days. Receipt of your refund will be contingent on time it takes your financial institution to process the refund. KDWAANZ is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

If we are unable to contact you in relation to failed delivery attempts or rejection or alteration of your Order using the contact details you provided during the Order process, after having made reasonable attempts to contact you, we will reject the Order and provide a refund, less any cost incurred by us.

CANCELLATION OF ORDERS

If you wish to cancel or alter your order, please contact our Customer Service Team via the Contact page of the Website as soon as possible, as such changes may only be made by agreement with KDWAANZ. Once an Order has been packed for shipping it cannot be cancelled or altered and the Goods must instead be returned to us in accordance with the Returns & Exchanges Policy. We cannot guarantee that a request for cancellation or alteration of an Order will be processed by us prior to the Goods being packed for shipping. KDWAANZ is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing a cancellation request or rejection of a cancellation request.

AVAILABILITY OF GOODS

From time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, KDWAANZ will use reasonable endeavours to contact you within three Business Days to discuss revised delivery timing or to arrange a full or partial refund. We will use reasonable endeavours to process any refund within five Business Days. Receipt of your refund will be contingent on the time it takes your financial institution to process the refund. KDWAANZ is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurred as a result of any delay in processing your refund.

We reserve the right to withdraw from sale, either permanently or temporarily, any Goods displayed on the Website at any time without notice to you. KDWAANZ will not be liable to you or another third party for any loss resulting from a withdrawal or suspension of availability of any Goods displayed on Website.

In instances where your Order is affected by an error on the Website, we may reject the part of the Order that is the subject of the error. We will make reasonable attempts to contact you regarding any such rejection to confirm if the balance of the Order is to be processed or if the Order is to be cancelled.

You acknowledge and agree that:

  • all images of Goods displayed on the Website are for illustration purposes only and the size and dimensions of the Goods may differ slightly in real life;
  • the colours and shade of the Goods as shown on the Website, may differ slightly in real life;
  • you have read any written description of the Goods prior to submitting your Order;
  • it is your responsibility to ensure that the size of Goods are suitable for your purpose prior to submitting your Order; and
  • any accessory or other clothing featured in images on the Website, which are beyond the Goods as described on the Website, are for illustration purposes only and will not be included in the Order, unless such accessory or other clothing is offered for sale on the Website and is ordered in its own right.

PRICE AND PAYMENT

Regarding any Order, we will charge you and you agree to pay to us:

  • the Price; and
  • the Delivery Fee (if any).

When the Website is accessed from an IP address that is identified as being within Australia (or any location other than New Zealand), the Prices and Delivery Fees displayed on the Website will be shown in Australian Dollars (AU$). Where a Delivery Address within Australia has been nominated, the Price will include Australian Goods and Services Tax (GST). Australian GST is currently 10%.

When the Website is accessed from an IP address that is identified as being within New Zealand, the Prices and Delivery Fees displayed on the Website will be in New Zealand Dollars (NZ$) and will not include Australian GST.  It should be noted that all are shipped from Australia. By ordering Goods to be shipped to New Zealand, regardless of the location of the customer placing the Order, you will be importing the ordered Goods into New Zealand and the Goods will, therefore, be subject to New Zealand customs and import laws, and may be subject to import duties and Tax.  You, or your nominated recipient, will be responsible for paying any import duties and Tax that are incurred when the Goods are imported into New Zealand. It is important that you make your own investigations regarding any import duties and Tax that you may be liable to pay when importing Goods into New Zealand.

KDWAANZ reserves the right to change Prices and Delivery Fees at any time without providing any notice, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error).

Goods can be paid for by any of the methods specified on the electronic Order form on the Website. When paying by credit card, you authorise KDWAANZ, via the Stripe software platform, to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.

Any payment relating to an Order must be cleared by KDWAANZ before Goods that are included in the Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified that this has occurred. In the event that any problems arise regarding payment via a credit card, in the first instance you should check for any correspondence (via text message, email or other means) from your card issuer or contact your card issuer to try to resolve any problem.  Alternatively, you may use a different a payment method in order to continue with your Order.

In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any law.

Once payment for your Order has been processed, you will receive an invoice by email.

KDWAANZ uses Stripe software platform to process credit card payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.

DISPATCH OF GOODS

Orders are typically dispatched to the Delivery Agent within 1-3 Business Days of Order Confirmation. If any Goods in your Order cannot be fulfilled, we will contact you via email.

DELIVERY WITHIN AUSTRALIA

All orders to be sent to an Australian shipping address will be sent via a Delivery Agent, typically Australia Post (Express Post), with parcel tracking (where available). Please contact us to receive tracking details if you do not receive an automatic email with them. Deliveries to PO Boxes are possible in most cases.

We aim to deliver Goods to the Delivery Address requested by you within the time indicated by us at the time of your Order, however, we cannot guarantee any stated delivery date. Delivery time frames may change from time to time due to unforeseen circumstances.

If we anticipate that we will be unable to meet our estimated delivery date, we will try to update you where possible. To the extent permitted by law, we will not be liable to you or another third party for any loss, liabilities, costs, damages, charges or expenses resulting from delays in dispatch or delivery of ordered Goods.

KDWAANZ uses Delivery Agents to deliver Goods. By placing an order, you agree to your details, including your Delivery Address, being supplied to the Delivery Agent for the purpose of delivering your ordered Goods.

Details of the applicable Delivery Fee and delivery timeframes for your ordered Goods are detailed on the FAQ page of the Website.

In instances where Goods are to be delivered to multiple destinations, you will need to submit separate Orders for each destination.

If delivery to your nominated Delivery Address is not possible, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative Delivery Address.

If the Delivery Agent is not able to deliver the Goods to the specified Delivery Address for any reason, a calling card will typically be left for you, notifying you as to the action required to collect the Goods. In the event that you do not collect or take delivery of your Goods within the timeframe specified on any calling card, you must contact KDWAANZ for further information with respect to claiming your Order. If Goods need to redelivered, you may be required to pay any associated fees for redelivery.

Once your Goods have been delivered, you must inspect your Goods to ensure that the Goods delivered match your Order, and to check for any damage. Care must be taken when opening any packaging so as not to damage the Goods contained within. If there is any obvious damage to the Goods due to transit, you must contact KDWAANZ as soon as possible to advise the details of the damage. If any Goods are defective, damaged, missing or incorrect, you should contact KDWAANZ as soon as possible. Please take a photograph of any damage or issues with the Goods, as you will need to email us a photograph detailing any issues as part of the Returns process.

If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns & Exchanges Policy.  Any Goods replaced under the Returns & Exchanges Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge, once we have received the defective damaged or incorrect Goods (if any) in accordance with the Returns & Exchanges Policy.

You confirm that any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so.
 
Once the parcel containing the ordered Goods has been delivered to the Delivery Agent, we do not accept responsibility for the Goods contained therein.

Goods are typically dispatched to the Delivery Agent within 1-3 Business Days of Order Confirmation.  The Delivery Agent will then aim to dispatch the Goods within 0-2 Business Days of receiving the Goods from us. Estimated delivery is 1-7 Business Days from the date the Delivery Agent dispatches the Goods.  The estimated delivery date may be subject to delays due to causes outside the control of KDWAANZ or the Delivery Agent. Delivery to regional locations will generally take longer than deliveries to metropolitan areas.

DELIVERY WITHIN NEW ZEALAND

All Orders are shipped from Australia.

By placing an Order via the Website for Goods to be shipped to a New Zealand address, regardless of the location of the customer placing the Order, you will be importing Goods into New Zealand, and may incur import duties and Tax, which you or your nominated recipient will be responsible for paying.

Prior to placing an Order via the Website, we recommend that you undertake appropriate investigations into what import duties and Tax you or your nominated recipient may incur when you nominate a Delivery Address that is in New Zealand.

All Orders to be sent to a New Zealand shipping address, will be sent via a Delivery Agent, typically Australia Post (International Standard), with parcel tracking (where available). Please contact us to receive tracking details (if available) if you do not receive an automatic email with them. Deliveries to PO Boxes are possible in most cases.

We aim to deliver Goods to the Delivery Address requested by you within the time indicated by us at the time of your Order, however, we cannot guarantee any stated delivery date. Delivery time frames may change from time to time due to unforeseen circumstances.

If we anticipate that we will be unable to meet our estimated delivery date, we will try to update you where possible. To the extent permitted by law, we will not be liable to you or another third party for any loss, liabilities, costs, damages, charges or expenses resulting from delays in dispatch or delivery.

KDWAANZ uses Delivery Agents to deliver Goods. By placing an order, you agree to your details, including your Delivery Address, being supplied to the Delivery Agent for the purpose of delivering your ordered Goods.

Details of the applicable Delivery Fee and delivery timeframes for your ordered Goods are detailed on the FAQ page of the Website.

In instances where Goods are to be delivered to multiple destinations, you will need to submit separate Orders for each destination.

If delivery to your nominated Delivery Address is not possible, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative Delivery Address.

If the Delivery Agent is not able to deliver the Goods to the specified Delivery Address for any reason, a calling card will typically be left for you notifying you as to the action required to collect the Goods. In the event that you do not collect or take delivery of your Goods within the timeframe specified on any calling card, you must contact KDWAANZ for further information with respect to claiming your Order. If Goods need to redelivered, you may be required to pay any associated fees for redelivery.

Once your Goods have been delivered, you must inspect your Goods to ensure that the Goods delivered match your Order, and to check for any damage. Care must be taken when opening any packaging so as not to damage the Goods contained within. If there is any obvious damage to the Goods due to transit, you must contact KDWAANZ as soon as possible to advise the details of the damage. If any Goods are defective, damaged, missing or incorrect, you should contact KDWAANZ as soon as possible. Please take a photograph of any damage or issues with the Goods, as you will need to email us a photograph detailing any issues as part of the Returns process.

If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns & Exchanges Policy. Any Goods replaced under the Returns & Exchanges Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge, once we have received the defective damaged or incorrect Goods (if any) in accordance with the Returns & Exchanges Policy.

You confirm that any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so.
 
Once the parcel containing the ordered Goods has been delivered to the Delivery Agent, we do not accept responsibility for the Goods contained therein.

Goods are typically dispatched to the Delivery Agent within 1-3 Business Days of Order Confirmation. The Delivery Agent will then aim to dispatch the Goods within 0-2 Business Days of receiving the Goods from us. Estimated delivery is 5 Business Days from the date the Delivery Agent dispatches the Goods, excluding any time spent in customs.  The estimated delivery date may be subject to delays due to causes outside the control of KDWAANZ or the Delivery Agent.

KDWAANZ does not accept any responsibility for customs delays or for non-delivery of ordered Goods due to any failure by you or your nominated recipient to pay any import duties or Tax.

Prices and Delivery Fees displayed on the KDWAANZ Website do not include any import duties or Tax for which you or your nominated recipient of the ordered Goods may be liable to pay.

RETURNS – FAULTY GOODS

KDWAANZ aims to provide Goods that are of the highest quality, so that customers are completely satisfied. If you have received Goods from us that have a defect or are not what you ordered or which fail to meet your expectations, please contact us via the Contact page on the Website so that we can resolve the problem as quickly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for a preliminary assessment.

Once your Goods have been delivered, it is your responsibility to ensure that the Goods delivered match your Order, and to check for any damage. Care must be taken when opening any packaging so as not to damage the Goods contained within. If there is any obvious damage to the Goods due to transit, you must contact KDWAANZ as soon as possible to advise the details of the damage. If any Goods are defective, damaged, missing or incorrect, you should contact KDWAANZ as soon as possible. Please take a photograph of any damage or issues with the Goods, as you will need to email us a photograph detailing any issues as part of the Returns process.  

If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns & Exchanges Policy. Any Goods replaced under the Returns & Exchanges Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge, once we have received the defective damaged or incorrect Goods (if any) in accordance with the Returns & Exchanges Policy.

It does not constitute a defect if the Goods have, subsequent to the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to adhere to the manufacturer’s instructions, been used in an abnormal way or if reasonable care has not been taken in using the Goods.

If the Goods are returned to us according to the Returns & Exchanges Policy, and are confirmed to have a defect, we will provide either:

  • A new version of the same style of Goods (subject to availability), including delivery; or
  • A refund of the Price of the Goods and related Delivery Fees, via your original payment method.

In either of the above cases, and subject to the Goods being returned in accordance with the Returns & Exchanges Policy, and having been confirmed to have a defect, we will reimburse you for Registered Post costs (to the extent that such costs are not unnecessarily excessive).  

If the return Goods are found not to have a defect or deemed to be out of warranty, we will return the Goods to you.  You may be required to pay any associated Delivery Fee.

To be eligible for a refund or exchange, you must first contact us to advise us of the fault or defect, accompanied by your order number, name, contact details, and a photograph that clearly displays the fault.  Once we email you a Returns Form, you must send to us, via Registered Post, requiring our signature upon delivery, the following:

  • The faulty Goods; and
  • The completed Returns Form; and
  • Proof of purchase of the Goods, clearly identifying that the Goods were purchased from KDWAANZ.

If any of the items listed above are not returned, we will be unable to provide a refund or exchange.

All return Goods must be sent to KDWAANZ via Registered Post, requiring a signature upon delivery to KDWAANZ.  KDWAANZ will not accept responsibility in the event that return Goods you have sent to us are lost in transit. KDWAANZ will not accept responsibility for any delays in the delivery of Goods provided in exchange for the received return Goods.

For refunds, please allow six Business Days from the date that KDWAANZ receives the returned Goods for your account to be credited.

From time to time KDWAANZ may include complimentary gifts in orders, which depending on availability, may not be eligible for return due to defects.  

In the rare event that a return is rejected, the decision will be final and not negotiable.

The Returns & Exchanges Policy that is located on this Website forms part of these Terms and Conditions.

Nothing in this wording is intended to exclude your statutory rights as a consumer under Australian Consumer Law.

RETURNS – CHANGE OF MIND

If you decide that you no longer want any Goods purchased from us, and the Goods are in their original condition, you may be eligible to return the Goods for a refund of the Price paid for the Goods.

We don’t offer exchanges on “change of mind” returns.  If you would like to order different Goods, you may place a new Order via the electronic order form.

To be eligible for a refund you must contact us within 14 days of your receipt of the Goods, describing the reason you are seeking to return the Goods, along with the order number, your name, and contact details.  We will then email you a Returns Form for you to complete and return to us along with the Goods. The Goods to be returned should be posted in a timely manner so that they are delivered to us within 21 days of your original receipt of the Goods.  You must post to us, via Registered Post, requiring our signature upon delivery, the following:

  • The Goods, in the same condition, as they were dispatched by KDWAANZ, unwashed, unworn (with no signs of wear), unmarked, unperfumed, intact (with all tags and labels attached).
  • The completed Returns Form.
  • Proof of purchase of the Goods, clearly identifying that the Goods were purchased from KDWAANZ.
  • Any complimentary gifts that were provided along with the Goods, all in the same condition as they were dispatched by KDWAANZ.

If any of the items listed above cannot be returned, we will be unable to provide a refund, and in the event that the Goods are returned without complying to the requirements listed above, we will contact you to arrange for the Goods to be shipped back to you and you will be liable for all associated Delivery Fees.

For “change of mind” returns, we will not refund Delivery Fees that you paid at the time of purchase to have the Goods shipped to you. Furthermore, customers returning Goods for a “change of mind” refund will be responsible for return shipping costs (using Registered Post) as well as any other associated handling or packaging costs.

All return Goods must be sent to KDWAANZ via Registered Post, requiring a signature upon delivery to KDWAANZ.  KDWAANZ will not accept responsibility in the event that return Goods you have sent to us are lost in transit.

Upon our receipt and inspection of the returned Goods, pending all the criteria outlined above being met, the Price you paid for the returned Goods will be refunded to you via the original payment method used. For refunds, please allow six Business Days from the date that KDWAANZ receives the returned Goods for your account to be credited.  

From time to time KDWAANZ may include complimentary gifts in orders. Free gifts may not be returned for refund or exchange.  

The Returns & Exchanges Policy that is located on this Website forms part of these Terms and Conditions.

Nothing in this wording is intended to exclude your statutory rights as a consumer under Australian Consumer Law.

PROMOTIONS AND DISCOUNTS

KDWAANZ promotions and offers may only be used via the Website. You may receive online promotions and offers that include a promotional code (Promo Code) for use when shopping at the Website. It is your responsibility to ensure that the Promo Code is valid, and that you enter the Promo Code at the time of making your purchase online. The Promo Code cannot be applied retrospectively after you have submitted your Order. Certain terms and conditions may apply to the use of promotion or offers, and these should be read carefully to ensure you can take full advantage of promotions or offers. Promo Codes are non-transferable and, unless expressly stated, may not be used in conjunction with any other promotion or offer. If your Promo Code is lost or stolen it will not be reissued. Any percentage discount stated applies to the undiscounted Price of Goods, including the Australian GST component of that Price, where relevant.

Promotions and offers are subject to change at any time.

COPYRIGHT AND TRADEMARKS

Except where necessary for viewing the material on the Website on your browser, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, communicated to the public, linked to, distributed or transmitted in any form by any process without the prior written consent of KDWAANZ.

DISCLAIMER AND LIMIT OF LIABILITY

KDWAANZ Pty Ltd does not accept liability for any loss, damage, cost, expense or injury caused by, or resulting from the use of, this Website, or any Website linked to this website. 

To the best of our knowledge, the information contained on this Website is accurate and current, and has been provided by KDWAANZ in good faith. However, the Website may contain errors, faults and inaccuracies and may not be complete and current.

You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage that any of the foregoing suffer if you breach these Terms and Conditions.

The Website may be accessed from Australia, as well as from overseas. KDWAANZ makes no representations that the content of the Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website to the extent that they are applicable.

We may amend or update these Terms and Conditions at any time by posting any changes on this Website, without providing any notice. Continued use of the Website will be deemed to constitute acceptance of the new Terms and Conditions.

To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or damages arising out of, or in connection with, the Website, our services or these Terms and Conditions.

Our total Liability under any Contract shall in no circumstances exceed, in the case of Goods, the replacement of the Goods or the supply of equivalent Goods, the repair of the Goods, the payment of the cost of replacing the Goods or of acquiring equivalent Goods, or the payment of the cost of having the Goods repaired.

We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including but not limited to lightning, fire, flood, extremely severe weather, strike, lock-out, industrial action, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident, or by any damage caused by any of such events.

It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. KDWAANZ is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of refunds will be credited to the same card that you nominated in your Order.

PRIVACY POLICY

Personal Information, including your contact details, which you provide to us during the Order process will be used by us for the purpose of processing your Order in accordance with our Privacy Policy, which is located on this Website.  

You represent and warrant to KDWAANZ that all information, including Personal Information, and data you provide to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient to provide their Personal Information to us. Please refer to the Privacy Policy located on this Website.

THIRD PARTY SITES

The Website may contain links to third party sites, for convenience purposes only.  KDWAANZ is not responsible for the condition or content of any linked third party sites, and access to those sites and/or use of those sites’ products and services is solely at your own risk. The links do not indicate any endorsement by KDWAANZ of those sites’ products or services. KDWAANZ does not permit any linkages to the Website without prior written permission.

GENERAL

In the event that any Goods are listed at an incorrect Price or with incorrect information, KDWAANZ reserves the right to withdraw Goods from sale and cancel any Orders that include such Goods. In such an event, KDWAANZ will make all reasonable effort to contact customers who have ordered affected Goods using the details provided and will refund any payment received using the same method by which the original payment was received.

KDWAANZ reserves the right to publish on the Website any reviews provided by customers, or to withhold publishing any reviews. Reviews provided by customers should be polite and written in English.

Reviews or other correspondence provided by users of the Website should not include:

  • profanity, blasphemy, malicious, racist, sexually explicit or gratuitous or discriminatory comments, or content that might be considered to be harassment, abuse or threats against the personal safety or property of others;
  • comments about other reviewers;
  • criminal accusations, or false, defamatory or misleading statements;
  • material which impersonates others;
  • advertising or spam;
  • third party brand names or trade marks;
  • Personal Information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers;
  • HTML code, computer script or website URLs;
  • availability, Price or alternative ordering or delivery information

We abide by the Consumer Guarantees, Warranties and Refunds policy of the Australian Competition and Consumer Commission (ACCC).