Terms & Conditions
Terms & Conditions
1. Your acceptance
1.1 Magi Enterprises Pty Ltd (referred to as KOOKAÏ, we, our or us) permits users (referred to as you or your) to:
(a) access and use the KOOKAÏ website (www.kookai.com.au) (Website);
(b) place an order for products, services or both (including orders for clothing, shoes, accessories, jewellery, lingerie, swimwear, gift cards and all other products and services offered for sale through the Website) (Order) through our online store (E-Boutique);
(c) view and interact with any content, information, communications, advice, text or other material provided by KOOKAÏ (KOOKAÏ Content); and
(d) otherwise communicate with KOOKAÏ,
subject to the following terms and conditions (Terms).
1.2 We may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. By using the Website, you are agreeing to all of the Terms. We will give you notice of updated Terms by posting it on the Website or by email. Your use of the Website will be governed by the most recent Terms posted on the Website. You should also check this page regularly and take notice of any changes made.
2. Orders for products, services or both through the E-Boutique
2.1 By placing an Order via the E-Boutique you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by KOOKAÏ in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, KOOKAÏ may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.
2.2 Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, you will receive an email indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please contact the Kookai Concierge to check the status of your Order.
2.3 Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.
2.4 KOOKAÏ does not accept Orders via the E-Boutique originating from outside Australia.
2.5 KOOKAÏ products may not be purchased for re-sale.
3. Changes to products, services and pricing
3.1 We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
3.2 All updates and modifications to the Website including any changes to the Content, E-Boutique, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.
4.1 Payment for an Order is made online through the E-Boutique (Online Payment).
4.2 Your Order will be delivered to you through one of our third party couriers.
4.3 KOOKAÏ uses eWAY (http://www.eway.com.au/) to provide the payment services for the Website. For more information on eWAY's security processes, please visit their website at http://www.eway.com.au/developers/about/technology.
4.4 We accept Online Payment via eWAY using VISA, MasterCard or Paypal and Afterpay.
4.5 The credit card holder must be either the billing or shipping recipient.
4.6 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.
4.7 If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order.
4.8 Purchases made with Afterpay are subject to the Afterpay Terms and Conditions https://www.afterpay.com.au/terms/ as displayed on their website and updated from time to time. We may display information about Afterpay on the Website. This information is provided as a guide only and, where there is any inconsistency between the Website and Afterpay’s Terms and Conditions, the latter shall prevail.
4.9 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
4.10 We will provide you with a receipt at time of confirmation of the Order (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order.
4.11 The specific terms and conditions of supply for any products or services purchased via the Website will be notified to you via the E-Boutique before you finalise your Order. Your confirmation of any Order indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order.
5. Risk and title
5.1 In respect of Orders delivered to you using one of our third party couriers, then:
(a) title to the products in your Order passes to you upon delivery; and
(b) all risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises.
6. Refunds and Returns: Australian Online Returns Policy
6.1 Returns for change of mind
If you change your mind about your Order, you can choose to return the item to the KOOKAÏ E-Boutique, or to one of our KOOKAÏ Boutiques.
(a) Returns to the KOOKAÏ E-Boutique
If you change your mind, KOOKAÏ will gladly offer a refund or exchange for items you wish to return back to our E-Boutique on the following conditions:
(i) the item is returned within 14 days of receipt of purchase;
(ii) the item has not been worn or damaged;
(iii) the original tags are attached;
(iv) you present proof of purchase; and
(v) you have contacted the KOOKAÏ Concierge to authorise your return.
Please note, we do not accept change of mind refunds or exchanges on jewellery, lingerie and swimwear due to hygiene reasons, and we do not offer refunds or credit notes for change of mind on sale items.
To arrange a return to our E-Boutique, please contact the KOOKAÏ Concierge at firstname.lastname@example.org or via phone (03) 9026 9599.
(b) Returns to a KOOKAÏ Boutique
Should you prefer to return or exchange your online purchase via one of our KOOKAÏ Boutiques because you've changed your mind, KOOKAÏ will gladly offer an exchange or gift card if your item meets the following criteria:
(i) the item is returned within 14 days of purchase;
(ii) the item has not been worn or damaged;
(iii) the original tags are attached;
(iv) you present proof of purchase; and
(v) the original cardholder is present.
Gift cards are valid for 12 months from the original date of exchange.
6.2 Faulty or damaged items
In accordance with your rights under the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL):
(a) if an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. An item has a major problem when:
(i) a reasonable consumer would not have bought the goods if they had known about the problem;
(ii) the goods are significantly different from the description, sample or demonstration model shown;
(iii) the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or
(iv) the item is unsafe; and
(b) if an item has a minor problem, please contact the KOOKAÏ Concierge where we may refund or replace the item, or repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase.
6.3 Returning items
(a) Please post the items you wish to return via trackable post (eg Australia Post Parcel Post or Express Post). KOOKAÏ will not be responsible for lost parcels that have not been sent by trackable post. You will need to pay for any postage fees involved in posting the items you wish to return where you've changed your mind.
(b) KOOKAÏ will refund the postage costs for any item deemed faulty, provided you authorise your return with the KOOKAÏ Concierge.
7. Gift cards or gift vouchers
7.1 All gift cards, including those purchased through the E-Boutique, are subject to the following terms, which also appear on the back of each gift card.
(a) Gift cards can be redeemed for merchandise only at any KOOKAÏ Boutique in the country where the gift card is issued.
(b) Lost or stolen gift cards cannot be refunded or replaced.
(c) Gift cards are valid for 12 months from the date of issue.
(d) Any unused balance will be credited to another gift card.
(e) Change will only be given on balances below $5.00.
(f) Gift cards may not be reloaded.
8. Access and communication
8.1 Subject to the consumer guarantees provided for in the ACL, KOOKAÏ does not warrant that you will have continuous access to the Website.
8.2 KOOKAÏ will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
8.3 KOOKAÏ does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
8.4 Whilst KOOKAÏ takes reasonable precautions to protect information transmitted via the Website, KOOKAÏ cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
8.5 KOOKAÏ does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
9.1 Any personal information submitted by you (whether personal information of you or another person from who you have the necessary consents to provide that personal information as contemplated in clause 9.2) to KOOKAÏ will be used for the purposes contemplated by these Terms, including but not limited to:
(a) processing your payments for purchasing any products;
(b) providing you with goods and services you have purchased;
(c) providing direct marketing communications to you when you sign up to receive email updates from KOOKAÏ.
9.2 If you are submitting to the Website, including in the course of making any Order, the personal information of any other person, you warrant that the person is aware of and has consented to the use of their personal information in accordance with these Terms.
9.3 You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and consent to these requirements.
10.1 We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on this site (Content) are correct and up-to-date at the time of publication. KOOKAÏ does not represent or warrant the accuracy or completeness of the Content and is not for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item.
10.2 Certain laws, including the Competition and Consumer Act 2010 (Cth), can imply warranties or conditions, or impose obligations on KOOKAÏ that we exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Where these laws apply, to the extent to which KOOKAÏ is able to do so, our liability will be limited to the resupplying of the Content.
11. Warranties, consumer guarantees and limitation of liability
11.1 Subject to clause 2, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
11.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
11.3 To the fullest extent permitted by law, the liability of KOOKAÏ for a breach of a non-excludable guarantee referred to in clause 11.2 is limited, at KOOKAÏ's option, to:
(a) in the case of goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
11.4 KOOKAÏ, its directors, employees, agents and contractors will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the KOOKAÏ Content, all links to or from the Website or the goods and services advertised or referred to on the Website.
11.5 Subject to this clause 11, the maximum aggregate liability of KOOKAÏ for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
13. Third party sites
14. Intellectual Property
The Website is owned and operated by or on behalf of KOOKAÏ. The KOOKAÏ Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.
All Content contained on this Website is protected by Australian and international copyright laws, unless indicated otherwise on this Website.
You may view this Website and the Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the Content or parts of this site for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by KOOKAÏ and then only according the conditions as stipulated by KOOKAÏ; and (b) include the copyright notice "© KOOKAÏ 2014" on the copy.
You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on this Website, except as allowed by this site or as agreed by KOOKAÏ in writing.
14.3 Trademark Notice
This Website contains registered trademarks that are, unless shown otherwise, either owned or licensed by KOOKAÏ and are protected under the laws of Australia and other countries. You must not use KOOKAÏ's trademarks, except: (a) by saving or printing out a copy of this Website as allowed under the copyright notice set out above; (b) as part of a legitimate reference to KOOKAÏ or a KOOKAÏ product or (c) with KOOKAÏ's prior written consent.
The use of any trademarks on this Website that are not owned or licensed by KOOKAÏ is not intended to indicate any association with, or endorsement by, the owner of that trademark.
14.4 Intellectual Property in Designs
This Website contains graphics and other visual representations of products protected by copyright and/or the Designs Act 2003 (Cth) and equivalent laws in other jurisdictions. KOOKAÏ takes active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws.
Making electronic, or other, copies of products displayed on this Website with the intent of reproducing them in whole or in part is strictly prohibited.
15. Prohibited uses
You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
(a) download (other than page caching) or modify the Website or any portion of the Website;
(b) impersonate or falsely claim to represent a person or organisation;
(c) are commercial, including selling, marketing, advertising or promoting goods or services;
(d) frame the Website without KOOKAÏ's express written permission;
(e) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
(f) post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.
You will fully indemnify KOOKAÏ in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the Website or the KOOKAÏ Content; or
(c) your communications with KOOKAÏ.
17. Termination of your access to the Website
KOOKAÏ may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
18. Applicable law and international use
By accessing the Website you accept that any disputes about this Website or its Content are to be determined by the courts having jurisdiction in the State of Victoria, Australia, according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.
As this site can be accessed throughout Australia and overseas, KOOKAÏ does not represent that the Content complies with the laws of any country outside Australiaor that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located.You are not authorised to access the Website from any location where doing so would be illegal.
You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
20. Contacting us
If you have questions about the Website or these Terms, please contact us by clicking on the "Contact Us" button at the top of any page on the Website, and following the instructions from there.
Last updated: 14th February 2017