Terms and Conditions

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Koa & Kai. In these terms, we also refer to Koa & Kai as “our”, “we”, or “us”. And you are you.

What are these terms about?

These terms apply when you use this website, being www.koaandkai.com.au and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.

 

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you buy Products (applies when you buy)
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

 

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

For When You Buy Products

SUBMITTING AN ORDER

By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:

  • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
  • you are authorised to use the debit or credit card you provide with your Order.

Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

ACCOUNTS and guest checkout

You may submit an Order as a guest, or you may submit an Order with an account. You can sign-up, register and receive an account through the Website (an Account).

As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.

PRODUCTS

We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.

Our Products are designed with your child’s safety in mind, but it is essential that you follow care instructions, including proper washing and handling, to maintain the safety and quality of the Products. Always supervise your child while they are wearing accessories or clothing with small parts, such as buttons, zippers, clips, hooks or snaps, to prevent choking hazards.

The hats available for sale through our Website are not specifically designed or tested for UV protection. We do not guarantee that these hats provide protection from ultraviolet (UV) radiation.

You acknowledge that the sizes listed for our Products will be as specified by the manufacturer. Prior to purchasing a Product, you must check the size charts available on our Website to ensure you are purchasing the correct size for you, and, if possible, carefully check the measurements of the person the Product is intended to be used by. The size charts listed on the Website may be different for different products. In the event the incorrect size is selected, please refer to clause 2 for our refunds and exchanges procedure.

Until the price of your Products is paid in full, title in those Products is retained by Koa & Kai. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.

All Products are available exclusively online and may have limited availability. Returns or exchanges are subject to our Return Policy set out in clause 8.

We reserve the right to limit the availability of Products and to discontinue any Product at any time.

All Product descriptions and pricing are subject to change without notice.

We do not guarantee that the quality of any Products, services, information, or other materials purchased or obtained will meet your expectations, nor do we warrant that any errors in the service will be corrected.

PAYMENT

All prices are:

  • per unit (except where indicated);
  • in Australian Dollars; and
  • subject to change prior to you completing an Order without notice.

(Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.

(GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Koa & Kai, you must pay the GST subject to Koa & Kai providing a tax invoice.

(Card surcharges) Koa & Kai reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(Online payment partner) We may use third-party payment providers such as Stripe, Shop Pay, PayPal, Shopify Pay (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

(Buy Now Pay Later) We may allow you to select Afterpay or another “buy now pay later” service as a payment method at checkout. Afterpay is a payment option which allows you to purchase what you want now and pay it off later through instalments. The Afterpay’s terms of use can be found here. Late fees may apply if you miss your scheduled payments. Please refer to the Afterpay website for more information. Our returns and exchange process set out in clause 8 will apply to Afterpay returns. You must continue paying any Afterpay instalments even after you have returned a Product. Remaining instalments will only be cancelled once the return has been processed. For partial returns or exchanges, Afterpay will adjust your remaining instalment amounts.

VOUCHERS, discount codes and gift cards

Vouchers and discount codes:

We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.

A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.

If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.

Gift cards

We may issue gift cards for use in our Website (Gift Cards).

Gift Cards are valid online at our Website are redeemable through our checkout in accordance with the process set out on the Gift Card or otherwise communicated to you.

Gift Cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.

DELIVERY AND SHIPPING

(Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you. We offer standard and express shipping with delivery times reliant on the delivery service provider providing the service.

(Free Delivery) Delivery costs will be waived if the monetary value of your Order and/or Purchase exceeds a specified amount (Free Delivery Amount). The free delivery amount will be displayed on our Website. You acknowledge and agree that Free Delivery is provided at the discretion of Koa & Kai who may vary the Free Delivery Amount from time to time.

(Delivery Details) Koa & Kai may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

  • delivery is to the delivery point specifically accepted by Koa & Kai; and
  • we will deliver the Products to you in accordance with the shipping information displayed on our Website.

(Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

(International Orders) Koa & Kai reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

CHANGES TO YOUR ORDER

CANCELLATION BY US

We reserve the right to cancel your order for any reason at any time and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8 may apply.

RETURNS AND EXCHANGES

General & Change of mind

We do not offer change of mind returns.

We will provide a full refund of the price paid for a Product if we determine that:

  • a Product you have ordered was not received by you solely due to failure by us, as determined by us;
  • a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
  • a Product is faulty, in accordance with clause 0, in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.

CHANGE OF SIZE

We offer change of size exchanges, subject to the following conditions:

  • the item must be unworn, unwashed, and in its original condition with all tags attached;
  • you must provide photo evidence that the Product is in its original condition in compliance with the conditions of clause 2(a)(i) when you contact us to initiate an exchange ;
  • you must provide proof of purchase (e.g., order confirmation or receipt);
  • the availability of the desired size is not guaranteed and will depend on current stock levels. If the desired size is not in stock, you will be entitled to an exchange or refund;
  • you are responsible for the shipping costs associated with returning the item to us and for the shipment of the new size; and
  • we reserve the right to refuse an exchange if the item does not meet the above criteria.

FAULTY PRODUCTS

The following process applies to any Product you believe to be faulty.

If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault, including images.

If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.

If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.

If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

If you fail to comply with the provisions of this clause 7 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

Nothing in this clause 7 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

INTELLECTUAL PROPERTY - Products

Koa & Kai retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

In this clause 9, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

THIRD PARTY TERMS SUPPLIERS

If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms). Such Third Party Terms may include:

Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Products to you, and you can cancel your Order in accordance with clause 7.

For When You Browse This Website

ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

YOUR OBLIGATIONS

You must not:

Copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Koa & Kai;

Use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;

Use, or attempt to use or encourage others to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

Use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

Use the Website with the assistance of any automated scripting tool or software;

Act in a way that may diminish or adversely impact the reputation of Koa & Kai, including by linking to the Website on any other website; and

Attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

  • gaining unauthorised access to Website accounts or data;
  • scanning, probing or testing the Website for security vulnerabilities;
  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  • instigate or participate in a denial-of-service attack against the Website.

INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

  • the Website may have errors or defects (or both, as the case may be);
  • the Website may not be accessible at times;
  • messages sent through the Website may not be delivered promptly, or delivered at all;
  • information you receive or supply through the Website may not be secure or confidential; and
  • any information provided through the Website may not be accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).

INTELLECTUAL PROPERTY -website

Koa & Kai retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Koa & Kai or as permitted by law.

In this clause 14, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

LINKS TO OTHER WEBSITES

The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible or liable in any way for that content.

Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

We encourage you to review the policies and practices of any linked websites carefully and ensure you understand them before engaging in any transactions. Any complaints, claims, concerns, or questions regarding linked websites should be directed to the relevant third party.

THIRD PARTY PLATFORM

This Website is powered by Shopify, a third party platform. Shopify’s terms and conditions may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here.

To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

SECURITY

To the maximum extent permitted by law, Koa & Kai does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Liability And Other Legal Terms

LIABILITY

WARRANTIES

Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:

  • Products sold by Koa & Kai, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
  • To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

LIABILITY

To the maximum extent permitted by law and subject to clause 2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Koa & Kai under the most recent Order.

Clause 2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clauses 1(a), 9, 12 and 14.

Claims for loss of or damage to Products in transit must be made against the carrier.

Consequential loss

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:

  • in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
  • to the extent this liability cannot be excluded under the Competition and Consumer Act 2010(Cth).

Other

We do not guarantee that our Website will be uninterrupted, timely, secure, or error-free. Additionally, we do not guarantee that the results obtained from using our Website will be accurate or reliable. You acknowledge and agree that we may suspend or terminate our Website at any time, without prior notice.

Your use of our Website, or your inability to use the Website, is at your own risk. All Products provided through our Website are offered on an "as is" and "as available" basis, unless explicitly stated otherwise.

GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);

(currency) a reference to $, or “dollar”, is to Australian currency;

(gender) words indicating a gender includes the corresponding words of any other gender;

(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(includes) the word “includes” and similar words in any form is not a word of limitation; and

(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

NOTICES 

Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 

If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 

The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

 

Last updated on 13.09.2024

Koa & Kai Pty Ltd

ABN 98 677 537 763

(Koa & Kai)