Terms & conditions.

Overview

This website is operated by Kaikoa Designs (referred to as “we,” “us,” and “our”). Kaikoa Designs provides this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website is hosted by Kinsta and our online store is powered by WooCommerce, which provides the e-commerce functionality that allows us to sell our products and services to you.

1. Online store terms

By agreeing to these Terms & Conditions, you confirm that you are at least the age of majority in your place of residence, or that you have given consent for any minor dependants to use this website. You may not use our products or website for any illegal or unauthorised purpose, or violate any applicable laws, including copyright laws.

2. General conditions

We reserve the right to refuse service where reasonably necessary or permitted by law. Information you provide through our website may be transferred across different networks and adapted to meet technical requirements. Payment information is encrypted during transmission and handled securely by our payment providers. You may not reproduce, duplicate, copy, sell, resell or exploit any part of our website or services without our written permission. The headings in these Terms & Conditions are included for convenience only and do not affect their meaning or interpretation.

3. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information which, by its nature, is not current and is provided for reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information. It is your responsibility to check our website periodically for changes.

4. Modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right to modify, suspend or discontinue our website or services, or any part of them, at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of our website or services.

5. Products or services

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange in accordance with our Returns & Exchanges Policy. We make every effort to display the colours, details and images of our jewellery as accurately as possible. However, we cannot guarantee that the colours displayed on your device will be completely accurate.

We reserve the right, where permitted by law, to limit the sale or quantity of our products or services to any person, geographic region or jurisdiction. Product descriptions and pricing may change at any time without notice, at our discretion. We also reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.

We make every effort to ensure our products, services and website information are presented accurately. Nothing in these Terms & Conditions excludes or limits any rights or guarantees you may have under Australian Consumer Law.

6. Gift cards

Gift cards are available to purchase from Kaikoa Designs. Please check the redemption instructions and any conditions provided with your gift card before using it. You can view our available options on our Gift Cards page.

Where the Australian Consumer Law requires a minimum validity period, gift cards will be redeemable for at least three years from the date of purchase. Any longer validity period or no-expiry offer will be honoured. The expiry date, or a statement that the gift card has no expiry, will be clearly displayed on the gift card. We do not charge prohibited post-purchase fees.

Gift card conditions do not exclude or limit any rights or remedies you have under the Australian Consumer Law.

7. Accuracy of billing and account information

We reserve the right to refuse any order placed with us. At our discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may apply to orders placed using the same customer account, credit card, billing address or shipping address. If we change or cancel an order, we’ll attempt to notify you using the email address or phone number provided when the order was placed. We also reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all orders placed with us, and to keep your details up to date so we can complete your transactions and contact you when needed.

For more information, please review our Returns Policy.

8. Orders & order acceptance

Placing an order is an offer to purchase the items in your order. An automated acknowledgement confirms that we have received your order; it does not, by itself, mean that we have accepted it. We accept your order when we expressly confirm acceptance or dispatch your items, whichever happens first.

Orders are subject to availability and successful payment verification. Before acceptance, we may decline an order if an item is unavailable, payment cannot be verified, there is a pricing or product description error, or we reasonably suspect fraud. We will contact you using the details supplied with your order if we cannot accept it or need to discuss a change. We will not substitute items or charge a higher price without your agreement.

If we decline or cancel an order, we will promptly refund any payment received for the cancelled items and any delivery charges that no longer apply. For bespoke and made-to-order pieces, we will confirm the agreed requirements and any specific order conditions with you. Nothing in this section limits your rights under the Australian Consumer Law.

9. Optional tools

We may provide access to third-party tools that we do not monitor, control or have input over. These tools are provided “as is” and “as available”, without warranties, representations or endorsement from us. Your use of any optional third-party tools available through our website is at your own risk and discretion, and you should review the terms provided by the relevant third party. We may also introduce new services, features, tools or resources through our website in the future. Any new features or services will also be subject to these Terms & Conditions.

10. Third-party links

Certain content, products or services available through our website may include materials or links from third parties. These links may take you to websites that are not affiliated with Kaikoa Designs. We are not responsible for reviewing or verifying the content, accuracy, products, services or practices of third-party websites, and we are not responsible or liable for third-party materials, websites, products or services.

We are not liable for any harm or loss arising from purchases, transactions or use of goods, services, resources or content through third-party websites. Please review the third party’s policies and terms carefully before completing a transaction. Any questions, concerns or claims relating to third-party products or services should be directed to the relevant third party.

11. User comments, feedback and other submissions

If you send us comments, feedback, ideas, suggestions, proposals, competition entries or other materials, whether requested by us or provided voluntarily, you agree that we may use, edit, copy, publish, distribute, translate or otherwise use those materials in any medium. Unless otherwise agreed, we are under no obligation to keep submissions confidential, provide compensation for them or respond to them.

We may, but are not obligated to, monitor, edit or remove content that we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes another party’s intellectual property rights or these Terms & Conditions. You agree that anything you submit will not infringe the rights of another person or third party, including copyright, trademark, privacy or other personal or proprietary rights. Your submissions must not contain unlawful, abusive or obscene material, viruses, malware or anything that could affect the operation of our website. You must not use a false email address, impersonate another person or mislead us about the origin of a submission. You are responsible for the content and accuracy of anything you submit.

12. Personal information

The personal information you provide through our website is handled in accordance with our Privacy Policy. View our Privacy Policy.

13. Errors, inaccuracies and omissions

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website is inaccurate, at any time without prior notice, including after you have submitted your order.

We are under no obligation to update, amend or clarify information on our website, including pricing information, except where required by law. Any update or refresh date shown on our website should not be taken to mean that all information has been modified or updated.

14. Prohibited uses

IIn addition to the other restrictions set out in these Terms & Conditions, you must not use our website or its content: (a) for any unlawful purpose; (b) to encourage or participate in unlawful acts; (c) to violate any applicable laws, regulations or rules; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, intimidate or discriminate against another person; (f) to submit false or misleading information; (g) to upload or transmit viruses, malicious code or anything that may affect the operation or security of our website or other websites; (h) to collect or track the personal information of others without authorisation; (i) to spam, phish, scrape, crawl or otherwise misuse our website; (j) for any obscene or unlawful purpose; or (k) to interfere with or circumvent the security features of our website or any related services. We reserve the right to terminate or restrict your use of our website or services if you breach any of these prohibited uses.

15. Disclaimer of warranties; limitation of liability

We do not guarantee that your use of our website or services will always be uninterrupted, timely, secure or error-free, or that information obtained through our website will always be accurate or reliable. From time to time, we may suspend, withdraw or change parts of our website or services without notice.
To the maximum extent permitted by law, your use of our website and services is at your own risk. Except where expressly stated by us or required by law, our website and services are provided on an “as is” and “as available” basis.
To the maximum extent permitted by law, Kaikoa Designs and its directors, employees, contractors, suppliers and service providers will not be liable for any indirect, incidental, special or consequential loss or damage arising from your use of, or inability to use, our website, services or products.
Nothing in these Terms & Conditions excludes, restricts or modifies any rights, guarantees or remedies you may have under Australian Consumer Law or any other rights that cannot lawfully be excluded. Where our liability cannot be excluded, it will be limited only to the extent permitted by law.

16. Consumer guarantees

Nothing in these Terms & Conditions, including the warranty disclaimers and limitations of liability above, excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. If another part of these Terms & Conditions conflicts with those rights, your statutory rights take priority.

If a product has a major failure, you may choose a refund or replacement. You may also be entitled to compensation for reasonably foreseeable loss or damage. For other failures to meet a consumer guarantee, you are entitled to have the problem remedied as required by the Australian Consumer Law, including repair or replacement where applicable.

Our Forever Guarantee and any other warranty we offer are additional to these statutory rights. Your consumer guarantee rights may continue after a stated warranty period ends and are not limited to the duration or conditions of our Forever Guarantee or other warranties. Please contact us if you need help with a product.

17. Indemnification

You agree to indemnify, defend and hold harmless Kaikoa Designs and our directors, employees, contractors, suppliers and service providers from any claim or demand, including reasonable legal fees, arising from your breach of these Terms & Conditions, any documents incorporated by reference, any applicable law, or the rights of a third party.

18. Severability

If any provision of these Terms & Conditions is found to be unlawful, void or unenforceable, that provision will remain enforceable to the fullest extent permitted by law. Any unenforceable portion will be treated as separate from these Terms & Conditions and will not affect the validity or enforceability of the remaining provisions.

19. Termination

The obligations and liabilities of both parties that arose before termination will continue to apply after these Terms & Conditions end. These Terms & Conditions remain in effect unless terminated by you or us. You may terminate them at any time by notifying us that you no longer wish to use our services, or by ceasing to use our website. If we reasonably believe that you have failed to comply with any part of these Terms & Conditions, we may terminate or restrict your access to our website or services. You will remain responsible for any amounts owing up to and including the date of termination.

20. Entire agreement

Our failure to exercise or enforce any right or provision of these Terms & Conditions does not constitute a waiver of that right or provision. These Terms & Conditions, together with any policies or operating rules posted on our website, constitute the entire agreement between you and us regarding your use of our website and services. They replace any previous agreements, communications or proposals between you and us relating to the same subject matter, whether written or oral. Any ambiguity in the interpretation of these Terms & Conditions will not be interpreted against either party solely because that party drafted them.

21. Governing law

These Terms & Conditions, and any separate agreements through which we provide our services, are governed by and construed in accordance with the laws of Queensland, Australia.

22. Changes to terms of service

You can review the most current version of these Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of our website or services after any changes are posted constitutes acceptance of those changes.

23. Contact information

Questions about the Terms of Service should be sent to us at hello@kaikoadesigns.com.au.