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Terms + Conditions

These terms and conditions apply to your purchase from KIKI & SPICE. Each time you make a purchase for any product with KIKI & SPICE. and your order is accepted, you have entered into a legally binding contract with KIKI & SPICE. and agree to abide by these terms and conditions. Your voluntary consent to enter into that contract with from KIKI & SPICE. is subject to the following rights and obligations between you and KIKI & SPICE., in addition to the rights and obligations prescribed by Australian Law.

1. Purchase of Products & Payment Terms:

1.1  Upon purchase of any product from KIKI & SPICE., you agree to make payment for the product and postage at the price set on the quote provided to you by KIKI & SPICE, in addition to Goods and Services Tax under the A New Tax System (Goods & Services Tax Act) 1999. Where other transfers, taxes or fees apply (particularly for orders outside Australia), you will be required to pay these in addition to the purchase price for the product(s).

1.2  Payment can be arranged in Australian Dollars by direct deposit or paypal using the details provided to you on your invoice. Invoices must be paid in full prior to dispatch of the product(s).

1.3  After receiving cleared funds from you for payment of the product(s), KIKI & SPICE. agrees to deliver the product(s) to you within a reasonable period of time. If KIKI & SPICE. is unable to dispatch and deliver the goods within a set period of time, that timeframe will be communicated to you in the process of purchasing the product(s). However, KIKI & SPICE. does not warrant that the product(s) will be delivered within a fixed period of time and can not be held liable for any delay in the delivery of product(s).

1.4  Until KIKI & SPICE. receives cleared funds from you, they are not obliged to deliver the product(s) to you.

1.5  Only one promotion or discount code can be used per order at one time. Postage costs are exempt from discounts unless stated otherwise by KIKI & SPICE.

2. Deliver & Return of Product(s):

2.1 KIKI & SPICE . has clear title and ownership of the product(s) being sold and is not aware of any security over the product(s). The product(s) will be provided to you on that basis as required under Australian Consumer Law.

2.2  KIKI & SPICE. aims to provide you with the product(s) that reasonably reflect the description provided on their online catalogue; being of acceptable quality in accordance with Australian Consumer Law.

2.3  Title to the product(s) will pass to you upon your receipt of the product(s) and will be deemed to have been accepted by you; unless you have notified KIKI & SPICE. in writing (by email or post) of your refusal to accept delivery within 2 days of the product(s) being delivered. This does not preclude you to a refund or exchange of product(s) based on the terms set out below.

2.4  If you receive the product(s) and upon arrival they have been damaged, destroyed or are defective, you are entitled to return the product(s) to KIKI & SPICE. within 30 days of receipt of the product(s), by:

2.4.1  Immediately notifying KIKI & SPICE. in writing (preferably by email or alternatively by post) of the nature and details of the damage or defects.

2.4.2  Should the products(s) be considered to be defective/damaged so as to render them of an unacceptable quality under Australian Consumer Law, KIKI & SPICE. will either:

a)  exchange the product(s) and provide you with an equivalent replacement within a reasonable amount of time; or

b)  issue you with a full refund and reimburse you for reasonable postal fees incurred in returning the product(s). If you require this option, funds will be returned to the account used to purchase the product(s) and you will be required to sign KIKI & SPICE's release of refund form.

2.4.3  An exchange or refund (including reimbursement of postage) will only be made upon KIKI & SPICE receiving the product(s) and deeming them unacceptable at law. KIKI & SPICE. recommends that photographs are taken of the product(s) as soon as you notice any damage/defect to assist KIKI & SPICE. in managing quality control. 

2.4.4  Defects in the product(s) may be covered by the manufacturer’s warranty. That warranty will be subject to the manufacturer and will depend on the manufacturer’s terms and conditions. If a defect occurs outside of the 14 day period (from receipt of the product(s)), you may be required to contact the manufacturer direct to obtain a replacement/refund.

2.4.5  KIKI & SPICE. will not be liable for the manufacturer’s fault or defect and, where permitted by the manufacturer, will transfer any applicable manufacturer’s warranty to you for the product(s) and provide you with details to contact the manufacturer.                      

 

2.5  If you have simply changed your mind, KIKI & SPICE. will provide you with an opportunity to exchange the product(s) for another product(s) of equal value, on the basis that within 14 days of receipt of the product(s) you:

2.5.1  Notify KIKI & SPICE. in writing of your ‘change of mind’, explaining your reasons for requesting the exchange and informing KIKI & SPICE. of the new product(s) you wish to order in its place;

2.5.2  Avoid opening or using the product(s) you have received and ensure that you have not destroyed or broken any seal or packaging for the product(s) (where applicable); and

2.5.3  Arrange to return the product(s) to KIKI & SPICE's nominated registered office via registered post in appropriate and secure packaging; providing evidence of postage to KIKI & SPCE. and a tracking number.

2.5.4  You also agree that the postage fee will be incurred by you and KIKI & SPICE. is not required to reimburse you for this expense or any other costs associated with the return of that product(s).

2.6  KIKI & SPICE will not to issue or dispatch any product(s) by way of exchange, until the product(s) being returned have been received by the office of KIKI & SPICE. Upon receipt of that product(s) the exchange will be processed and the exchanged product(s) will be delivered to you. Again, KIKI & SPICE. does not provide any warranty concerning the delivery time of that product(s).

2.7  Where KIKI & SPICE. has insufficient stock to satisfy your order and is unable to obtain further stock to provide you with the product(s), you will be notified in writing (by email) and will receive a refund or store credit.

2.8 In all other circumstances, you are required to proceed with the purchase and can not request a cancellation; unless permitted under Australian law.

2.9  Any date of delivery provided to you will be an estimate only. A delayed delivery does not entitle you to a refund, exchange or cancellation of order.

2.10  The delivery of product(s) may be interrupted by unpredictable events (such as torrential weather). Where possible, all reasonable steps will be taken by KIKI & SPICE. to dispatch the product(s) to you within a reasonable period of time, but KIKI & SPICE. can not be held liable for any delay caused after the point of dispatch or for any reason beyond KIKI & SPICES’s control. You agree not to hold KIKI & SPICE. liable and to indemnify KIKI & SPICE. for any such delay.

3. Available Products:

You acknowledge and agree that KIKI & SPICE. may, from time to time, alter the product(s) advertised on their website catalogue and that where product(s) have been sold or otherwise not available, you will not hold KIKI & SPICE. liable for any loss/damage you suffer as a direct or indirect consequence.

4. Obligations:

4.1  You agree to KIKI & SPICE’s ‘Customer Obligations’, being that:

4.1.1  You will make payment of the product(s);

4.1.2  You will perform the terms of this Agreement and co-operate with KIKI & SPICE ordering process;

and

4.1.3  You will provide accurate information and documentation that KIKI & SPICE. reasonably requires to dispatch and deliver the product(s) to you.

4.2  You and KIKI & SPICE. will agree to uphold all relevant Australian Laws applicable to this Agreement, including Australian Consumer Law.

4.3  Each party will indemnify the other if they fail to uphold their respective obligations and/or do not comply with applicable Australian Laws.

5. Limited Liability & Indemnity:

You and KIKI & SPICE. agree that this clause will continue even after this Agreement comes to an end.

5.1  If KIKI & SPICE. has been found negligent in providing the product(s) (except where death or personal injury has resulted), KIKI & SPICE’s liability is limited to the fees paid by you for the product(s). KIKI & SPICE. will not be liable for any: interruption, delay or interference to delivery of the product(s) beyond KIKI & SPICE’s reasonable control.

5.2  KIKI & SPICE. will not be liable for any damage/loss arising which has resulted from your conduct or information/instructions you provide, and you agree to indemnify KIKI & SPICE. for the same.

5.3 Neither party will be liable to the other for damage/loss suffered which is of an indirect or consequential nature.

6. Confidentiality:

All information that you provide to KIKI & SPICE. (including your credit card details, address and name) and all information provided to you by KIKI & SPICE. that is not otherwise publicly available and would be of a ‘confidential’ nature; will remain confidential and will not be disseminated, disclosed or distributed further. That information will be protected by applicable Australian Privacy laws.

7. Operation of Agreement:

7.1  You agree not transfer or assign your rights/obligations under this Agreement.

7.2  Both parties agree to adopt best efforts to resolve any disputes that may arise under this Agreement and in accordance with Australian Law.

7.3  Where a provision of this Agreement is void/unenforceable, then it will be removed and the balance of the Agreement will be binding.

7.4  This Agreement is the entire Agreement, in addition to any Tax Invoice provided to you. You agree that you can not rely on any other representation(s).

7.5  The parties acknowledge that the Agreement is governed by the laws of New South Wales, Australia and submit to the non-exclusive jurisdiction of that State.

26 September 2016