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Terms & Conditions


TERMS & CONDITIONS

 

Effective Date: 14th February 2017

 

1. Your acceptance

 

1.1 Magi Corporation Pty Ltd (referred to as KOOKAÏ, we, our or us) permits all users who visit the KOOKAÏ Website, make a purchase on the KOOKAÏ Website, or access KOOKAÏ Content (referred to as you or your) to:

(a) access and use the KOOKAÏ website (www.kookai.us) (Website);

(b) place an order for products, services or both (including orders for clothing, shoes, accessories, jewelry, 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, graphics, audio, information, photos, videos, or other material provided by KOOKAÏ (KOOKAÏ Content); and

(d) otherwise communicate with KOOKAÏ,

 

subject to the following terms and conditions (Terms) and our Privacy Policy, which is incorporated into these Terms by this reference. Please read these Terms carefully before accessing or using the Website. These Terms are a legal agreement between you and KOOKAÏ that governs your access to and use of the Website, the E-Boutique, and KOOKAÏ Content. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE OR KOOKAÏ CONTENT, MAKE A PURCHASE, SIGN UP TO RECEIVE KOOKAÏ EMAILS, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS.

1.2 Changes to these Terms. We reserve the right to review and change these Terms at any time, in our sole discretion. By using the Website, you are agreeing to the current Terms and our Privacy Policy. If we make changes to these 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). If you do not receive a Confirmation Email, your Order may not have been accepted. If you haven't received a Confirmation Email, please contact KOOKAÏ 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, New Zealand or the United States of America.

 

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). The amount of any sales, use, or other taxes however designated, levied or based on such prices shall be added to the prices shown.

 

3.1 All updates and modifications to the Website including any changes to the KOOKAÏ 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. Payments 

 

4.1 Payment for an Order is made online through the E-Boutique (Online Payment).

 

4.2 Your Order will be delivered to you using one of our third party carriers.

 

4.3 KOOKAÏ uses Braintree to provide the payment services for the Website. For more information on Braintree’s security processes, please visit their website at https://www.braintreepayments.com

 

4.4 We accept Online Payment via Braintree using VISA, MasterCard, American Express or Diners Club credit cards.

 

4.5 We only accept credit cards issued in Australia, New Zealand or the United States of America. The credit card holder must be either the billing or shipping recipient.

 

4.6 If you choose to pay by credit card, you authorize our third party payment provider to debit the amount payable from your designated credit card account.

 

4.7 KOOKAÏ reserves the right, in its sole discretion, to cancel, limit, or delay your Order if we are unable to successfully process your credit card. If your Order will be cancelled, limited, or delayed, KOOKAÏ will attempt to notify you using the e-mail address, billing address, or phone number you provide when placing an Order.

 

4.8 You must not pay, or attempt to make payment on the Website using any fraudulent or unlawful payment method.

 

4.9 We will provide you with an electronic receipt and Order confirmation specifying the total fees and charges for the products and services in your Order.

 

4.10 We will notify you of any specific terms and conditions of supply for any products or services you purchase via the Website before you finalize 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

(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 deliver your Order to the carrier. The occurrence of any damage during shipment will not relieve you from making payment of the purchase price. KOOKAÏ will ship products to customers overseas. Tariffs and taxes may be imposed for international customers which are not implemented by KOOKAÏ and beyond our control. Additional fees may be collected at the time of delivery to pay for government taxes and tariffs.

 

6. United States of America Online Returns Policy

 

6.1 Returns & Exchanges

 

KOOKAÏ will gladly offer a refund or exchange for other items you wish to return back to our E-Boutique on the following conditions:

 

(i) the item is returned within 21 days of delivery;

 

(ii) the item has not been worn or damaged;

 

(iii) the original tags are attached;

 

(iv) the item is not a sale item or an item of jewelry, unless you are otherwise entitled to a refund in accordance with clause 6.2;

 

(v) you present proof of purchase; and

 

(vi) you have contacted the KOOKAÏ Concierge to authorize your return.

 

To arrange a return to our E-Boutique, please contact the KOOKAÏ Concierge at concierge@kookai.com.au or via phone +613 8290 0599.

Please note: Items can only be exchanged in the same style, for a different color or size. Items cannot be exchanged for other products.

 

6.2 Faulty or damaged items 

 

(a) if an item has a major fault or damage, you are entitled to a replacement or a refund of the item. 

 

(b) if an item has a minor fault or damage, you are entitled to a repair of the item, or when it is unable to be repaired, a replacement or refund of the item.

 

6.3 Returning items

 

(a) The items are your responsibility until they reach our office, so please ensure they're shipped using a trackable postal service and adequately insured.  KOOKAÏ will not be responsible for lost or damaged items. You will need to pay for any postage fees involved in shipping the items you wish to return.

 

(b) KOOKAÏ will refund the postage costs for any item deemed faulty, provided you authorize your return with the KOOKAÏ Concierge.

 

7. Access and communication

 

7.1 KOOKAÏ does not represent or warrant that you will have continuous access to the Website or the KOOKAÏ Content. The Website may occasionally be down for service, upgrades, maintenance, malfunctions, interruptions in third party services, or for other similar reasons. You may access the Website if and when it is available. To the maximum extent authorized under applicable law, KOOKAÏ reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Website or KOOKAÏ Content at any time and without notice. KOOKAÏ has no obligation to provide any support in relation to the Website, the KOOKAÏ Content, or User Content.

 

7.2 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.

 

7.3 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.

 

7.4 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.

 

8 Privacy

 

8.1 KOOKAÏ respects and is committed to protecting your privacy. When you visit the Website, you authorize us to automatically collect information about you and your use of the Website and to use, transmit, and store this information in accordance with our Privacy Policy. Please review our Privacy Policy prior to using the Website. 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 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.

 

8.2 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.

 

8.3 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.

 

9. Disclaimer

 

9.1 We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on this site (KOOKAÏ Content) are correct and up-to-date at the time of publication. KOOKAÏ does not represent or warrant the accuracy or completeness of the KOOKAÏ 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. Warranties, consumer guarantees and limitation of liability

 

10.1 DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, the WEBSite, including all text, graphics, logos, audio and video clips, photographs, and other KOOKAÏ content is provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” and the entire risk of use and performance, remains with you. KOOKAÏ does NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaims any and all warranties with respect to the WEBsite. In particular, KOOKAÏ makes no warranty that the WEBSite, THE KOOKAÏ Content, OR PRODUCTS OR SERVICES: (A) will meet your requirements; (B) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (C) will be accurate, complete, or reliable, or (D) will be free from viruses, worms, or other harmful or malicious components. Nor does KOOKAÏ warrant that any defects or errors on the Site OR CONTENT will be corrected. KOOKAÏ does not assume any liability relating to delays or interruptions attributable to third party failures beyond its control. The WESite aND All Content you download, UPLOAD, or obtain from the WEBSite is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom.

 

10.2 DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no event will KOOKAÏ be liable for any consequential, special, incidental, indirect, or punitive damages; for LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential INFORMATION, or other information; business interruption; personal injury; wrongful death; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these Terms, The WEBSite, THE E-BOUTIQUE, OR THE KOOKAÏ Content, even if KOOKAÏ has been advised of the possibility of such damages. KOOKAÏ SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF ITS EMPLOYEES, REPRESENTATIVES OR SALES PERSONS RENDERING TECHNICAL OR OTHER ADVICE OR REPRESENTATIONS IN CONNECTION WITH THE PERFORMANCE OF ANY COMPUTER HARDWARE, COMPUTER SOFTWARE, COMPUTER PRINTERS, MEDIA USED BY THOSE PRINTERS, OR ANY COMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED IN THIS AGREEMENT.

 

10.3 LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES. To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIoNS 10.1 or 10.2, KOOKAÏ’S maximum, aggregate liability to you, and your exclusive remedy under THESE TERMS for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to THESE TERMS or the WEBSite will BE LIMITED TO THE ACTUAL PRICE PAID FOR PRODUCTS PURCHASED FROM US, WITHOUT INTEREST, up to ONE HUNDRED dollars (U.S. $100). The existence of multiple claims or suits under or related to THESE TERMS Or the WEBSITE will not enlarge or extend the limitation of money damages.

 

10.4 Independent Remedies. The exclusion of damages under Section 10.2 is independent of your exclusive remedy in Section 10.3 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 10.1, 10.2, and 10.3 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

 

10.5 NOTICE ON POTENTIAL LIMITS OF SECTIONS 10.1, 10.2, and 10.3. Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 1, 10.2, or 10.3 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.

 

11. Security

 

KOOKAÏ does not guarantee the security of using the Website or any systems used to access the Website. Further information about security in relation to your personal information can be found in our Privacy Policy.

 

12. Third party sites

 

The Website may contain hyperlinks to sites operated by third parties, such as Facebook, Twitter, Instagram and YouTube (Linked Sites). These Linked Sites are not controlled by KOOKAÏ, and we are therefore not responsible for the content of those sites. Linked Sites may have their own terms and conditions and privacy policy. KOOKAÏ’s decision to include a Linked Site does not constitute our recommendation or endorsement of the sites or the products and services that site provides or offers. You access Linked Sites and use or buy their products and services solely at your own risk. KOOKAÏ is not responsible for and will not be liable for the content, services, products, or operations of any Linked Sites.

 

13. Intellectual Property

 

13.1 General; Permitted Use. 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 license. You may view this Website and the KOOKAÏ Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the KOOKAÏ Content or parts of this site for your own information, research or study. If you do, you must: (a) not change the KOOKAÏ Content from how it appears on this site unless authorized by KOOKAÏ and then only according the conditions as stipulated by KOOKAÏ; and (b) include the copyright notice "© KOOKAÏ 2014" on the copy. Except for this limited right to use the Website and view and print the KOOKAÏ Content, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense, reverse-engineer, or otherwise use the Website or KOOKAÏ Content without express written permission from KOOKAÏ. You may only use the Website for personal, non-commercial purposes. All products, services, or content produced by KOOKAÏ is for personal, non-commercial use and may not be reproduced in any form unless otherwise expressly permitted by KOOKAÏ. No right, title or interest in or to any trademark, service mark, logo or trade name of KOOKAÏ or its licensors is granted under these Terms. You may not remove any proprietary notices on the Website or KOOKAÏ Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Website or KOOKAÏ Content. You further agree not to interfere with the proper functioning of the Website and not to use the KOOKAÏ Content in a way that suggests you are a representative of KOOKAÏ. Any scraping, automated access, or other unauthorized access to and storage of KOOKAÏ Content is prohibited. You may not use the Website or KOOKAÏ Content for any illegal purpose. Use of the KOOKAÏ Content for any purpose other than what is described in this Section is prohibited.

 

13.2 Intellectual Property in Designs; Reservation of Rights; Copyright and Trademark Notice. KOOKAÏ and its affiliates, licensors, and suppliers own the title, copyright, and other intellectual property rights in the Website and KOOKAÏ Content, including all text, photographs, videos, images, graphics, logos, button icons, downloads, templates, product photos, and linked documentation. KOOKAÏ’s rights are protected by United States and international copyright laws and other intellectual property laws and treaty provisions. You must not use KOOKAÏ's trademarks, except: (a) by saving or printing out a copy of this Website as permitted under Section 13.1, above; (b) as part of a legitimate reference to KOOKAÏ or a KOOKAÏ product or (c) with KOOKAÏ's prior written consent.

 

13.3 User Submissions. The Website may include functionality that allows you to voluntarily upload images, photographs, or other content provided by you (“User Content”). KOOKAÏ does not control or endorse and is not responsible for any User Content and KOOKAÏ does not claim ownership of any User Content. By uploading User Content to the Website, you grant KOOKAÏ a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license to use, distribute, publicly display, reproduce, modify, adapt, and store the User Content you provide to us. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and reproduction of your User Content will not violate any laws. You must not provide any User Content that infringes others’ intellectual property or privacy rights and you are solely responsible for all User Content you provide to KOOKAÏ. KOOKAÏ reserves the right to refuse to display your User Content for any reason in its sole discretion. By commenting on or submitting content in connection with KOOKAÏ or KOOKAÏ products on any social media site (e.g., Facebook, Twitter, Instagram, Pinterest), including but not limited to KOOKAÏ social media sites, or “tagging” KOOKAÏ in a social media post, you grant KOOKAÏ a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license to use, distribute, publicly display, and reproduce your submissions.

 

13.4 Communications Submitted by You. You assign and transfer all of your right, title, and interest in the content of any messages, submissions, e-mails, postings, ideas, suggestions, or other communications provided by you to KOOKAÏ, whether on the Website or otherwise. KOOKAÏ shall have all intellectual property rights in or relating to such communications and KOOKAÏ may use such communications for any purposes in its sole discretion.

 

14. 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.

 

15. Indemnity

 

You hereby agree to fully defend, indemnify, and hold KOOKAÏ and its directors, officers, managers, affiliates, contractors, employees, agents, partners, suppliers, and licensors harmless with respect to all losses, damages, 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, arising from or allegedly arising from any of the following:

 

(a) any breach of these Terms by you;

 

(b) your use of the Website, the KOOKAÏ Content, or any product purchased from KOOKAÏ;

 

(c) your communications with KOOKAÏ; or

 

(d) your violation of any other party’s rights or applicable law.

 

16. Termination of your access to the Website

 

KOOKAÏ may at any time immediately terminate these Terms or your access (including by 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. KOOKAÏ may also remove and/or discard any User Content you provide to us with or without cause and with or without notice. The following Sections of these Terms will survive termination: 13, 16,.

 

17. Governing Law and Exclusive Jurisdiction

 

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 the United States and overseas, KOOKAÏ does not represent that the Content complies with the laws of any country outside the United States or 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 the United States, 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 authorized 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 may be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.

 

18. Notices

 

KOOKAÏ may give you all required notices (including legal process) by any lawful method, including by posting notices on the Website or by sending notice to any email address you provide to KOOKAÏ. You agree to send KOOKAÏ notices by sending notice to the following address:

 

KOOKAÏ

8-14 Hall Street

Hawthorn East, VIC 3123 AUSTRALIA

 

19. General

 

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and KOOKAÏ intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and KOOKAÏ agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. KOOKAÏ may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Website. These Terms will be binding upon all of KOOKAÏ’s successors and assigns. KOOKAÏ’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on KOOKAÏ if it is in writing and signed by KOOKAÏ. These Terms (including any incorporated terms) constitute the entire agreement between you and KOOKAÏ with respect to your use of the Website. Both you and KOOKAÏ warrant to each other that, in entering these Terms, neither KOOKAÏ nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and KOOKAÏ, or KOOKAÏ’s successors and permitted assigns, will have any right to enforce any of these Terms.

 

20. Contact Information

If you have questions about the Website or these Terms, please contact us by clicking on the "Contact Us" button at the bottom of any page on the Website, and following the instructions from there.

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