Terms & Conditions

TERMS AND CONDITIONS OF SALE

The purchase of any products offered on the thewayivogue.com and kusculture.com websites are subject to these Terms and Conditions of Sale (‘Terms and Conditions of Sale’).

Orders may be made on our website by consumers purchasing goods other than for resale. The resale or distribution of our products purchased on the thewayivogue.com and kusculture.com websites is prohibited.

The Way I Vogue and Kus Culture (ABN 55 929 515 826), may update these Terms and Conditions of Sale at any time. The most current version of the Terms and Conditions of Sale may be viewed at any time on our website. For each order on our website, your acceptance of the Terms and Conditions of Sale in force at the date of the order will be required.

  • By accessing, browsing and/or using the website You agree to the following terms and conditions:
  • We aim to ensure that the contents of our website is accurate and current at the time they are published. Prices of goods displayed on the website are current at the time of display and are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and other product information. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
  • It is a condition of the person's accessing, browsing and/or using the website, ["You", "Your"] that You accept that we will not be liable under any circumstances for any action You take relying on the information on this website or using any service which is accessible using this website. You expressly agree that Your use of our website is at Your own risk.
  • We assume no liability for the contents of any other websites that You may access from our website.
  • We exclude all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any content or goods and services, available on or through using our website. To the extent that we are prohibited at law from excluding our liability, We limit our liability to the extent permitted by law to resupplying the material, goods or the relevant service as the case may be.
  • Any information provided on our website is not professional advice and is for the purpose of general knowledge only.

These Terms & Conditions and Your use of our website are governed by the laws of Queensland.

We reserve the right to vary these terms and conditions from time to time. Such variations will become effective immediately upon publishing the new terms and conditions on the website. By continuing to access or use the website You will be deemed to accept all such variations.

thewayivogue.com. website is copyright ©2017-2020 All rights reserved. 

kusculture.com. website is copyright ©2017-2020 All rights reserved. 

 

ORDERING ONLINE AND SHIPPING FEES

At the end of the ordering process, you are invited to click on the ‘Check Out’ button, which will confirm your order.

Once your order has been transmitted to us, you will receive, by return email, an order confirmation.

The data registered by our website in respect of an order will be conclusive proof of the whole of the transactions conducted between us and its customers. In the event of a dispute between us and its customer about an order made on the website, the data registered by our website will be conclusive proof of the details of the transaction. If you do not receive a confirmation email within 24 hours of placing your order please contact info@kusculture.com.

When your order has been dispatched you will receive another email with the estimated time of delivery.

  

AUSTRALIAN ORDERS

  • Standard domestic shipping is FREE for orders over $60. If under, a flat rate of $10 will be applied at checkout.  
  • It is suggested that customers provide a delivery address where a person will be available to accept your delivery between 9 – 5pm. Otherwise your parcel will be re-directed to the nearest post office / depot for collection.
  • All orders are dispatched by the next business day and delivered within 2-6 business days.

 

INTERNATIONAL ORDERS (REST OF THE WORLD)

  • Standard international shipping is FREE for orders over $100. If under, a flat rate of $20 will be applied at checkout.
  • It is suggested that customers provide a delivery address where a person will be available to accept your delivery between 9 – 5pm. Otherwise your parcel will be re-directed to the nearest post office / depot for collection.
  • All orders are dispatched by the next business day and delivered within 5-14 business days, depending on your location.

     

    RETURNS POLICY

    Our products are only sold on our kusculture.com website and are exclusive to us. If in any case you have purchased our product from somewhere else, we are not liable for any damaged or faulty goods. Nor are we liable for any returns.

    If you do not wish to keep a product ordered on our website, (‘change of mind’), you may return new and unused items within 14 days of the date of receipt. We will refund the purchase cost of the product(s) minus shipping and handling changes. Items must be returned in their original condition; no refund can be made for products that have been used. Please note that only new and unused products purchased from our website will be accepted for return.

    If you have any queries regarding your delivery, refund or return please contact us by emailing info@kusculture.com

     

    30-DAY MONEY-BACK GUARANTEE

    Kus Culture™ offer a 30-day money-back guarantee! Yes you read correctly.. we will happily give you your money back if you are not satisfied with any of our product range (1) , purchased from our on-line website.

    All we ask is that you try our products for a 30 full days. If you are not completely satisfied after trying for a full 30 days, you will have 10 days to send the product back to us (at your own cost). Please follow these steps for a dissatisfied refund: 
    • Use products for 30 full days
    • Have 10 days after the 30 day trial to get the products back to us (at own cost)
    • Products must be in original packaging and undamaged
    • Refunds can only be issued to the method that was used to pay for the order
    • Only items returned can be refunded

     To initiate return:

    • Email us at returns@kusculture.com
    • Please quote your original purchase order number and email used when order was placed
    • Please give us a reason why you we’re unhappy with our product so we can make things right ! We value all feedback.

    After your email has been sent, we will review within 24 hours and get back to you with detailed instructions on how to return your item for a refund.

    Note (1) excluding Wooden Combs and Tangle Tamers.

     

    GIFT CARDS

    • At the checkout, choose whether you would like the gift voucher code sent to you or the recipient. Gift vouchers will be emailed to the provided email address. If you can’t find your voucher, please check your spam/junk mailbox.
    • Please allow 1 business day for your voucher to be emailed.
    • All gift vouchers are valid for a period of 12 months from the date of purchase and can not be extended.
    • All gift vouchers are non-refundable. Treat your gift voucher like cash, as we are unable to refund or replace vouchers if lost.
    • When it comes time for the recipient to use their voucher, they must simply choose the product they want then add the coupon code in the checkout.
    • If they don’t use the whole voucher, the remaining amount can be used for another purchase.
    • If the total amount of their order is greater than the amount of the voucher, they will be required to pay the remaining amount via credit card or PayPal.

    PROBLEMS WITH DELIVERY

    You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the discrepancy if possible, on the delivery notice, and sign the notice. If there is a problem with the package inside, we recommend that you document it with photos and send to info@kusculture.com for further investigation.

    If the products do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund in accordance with the provisions set out in the ‘Returns – Exchanges – Refunds’ section of these Sale Terms and Conditions’.

     

    WARRANTY CLAIM

    Your products should be free from defects. If your product is defective, we will happily replace it free of charge. Refunds will not be considered. 


    DELIVERY

    All orders received will be dispatched the next working day for standard delivery. (Depending on stock availability and/or order confirmation). Orders are processed and shipped on working days only (Monday through Friday, excluding public holidays). If you are not there for delivery of your order, Australia Post will leave a notice for collection card with details of how to collect your delivery, unless you have changed your receiving information, via the tracking Australian Post website, which states they can leave the delivery at your door. To ensure secure and undamaged delivery of your order, our delivery company will not be able to leave your order hidden at the address. 

    For delivery to some rural and semi-rural areas Australia Post has restricted delivery operations and no capability to deliver with signature. A card will also be left with pick up details. To ensure that there are no mistakes with addresses and to check that our delivery company has all the correct details, please check that all shipping information is correct.

    Please ensure that delivery details are double checked before checkout as our system is an automatic dispatch system and orders cannot be amended once placed.

     

    RE-DIRECTION OF PARCELS

    We are unable to redirect orders once products have been dispatched.

     
    PRODUCT AVAILABILITY

    The offer of products and prices are valid as at the date they are displayed on the website but are subject to availability. Instructions concerning the availability of the products will be given at the time of order. In some circumstances errors as to the availability of products may arise especially in case of simultaneous orders of the same product by several customers. In the event that a product is not available after the placement of an order, you will be informed of its unavailability by email, and another product shown on the website may be suggested as a substitute or you may wish to wait for your orders availability or cancel your order.

    If you choose to cancel your order, you will be promptly refunded the purchase price if your bank account has been debited.

    We accept no liability for any claims or damages whatsoever, in the event of stock outage or unavailability of products.

    We reserve the right to change at any time, and without any previous notice, the products displayed on the website.

      

    TERMS AND CONDITIONS OF USE OF OUR WEBSITE

    The use of our website and the purchase of any products offered on the website are subject to these Terms and Conditions of Use (‘Terms and Conditions of Use’). The use of our website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy (‘Privacy Policy’).

    We may update these Terms and Conditions of Use and the Privacy Policy at any time. By continuing to use the website following any such change, you agree to comply with and be bound by the varied Terms and Conditions of Use and consent to the varied Privacy Policy.

     

    SECURITY AND PERSONAL DATA

    The Privacy Policy governs the use of any personal information that you agree to provide to us. We may modify or amend the Privacy Policy at any time as provided in the Privacy Policy.

     

    INTELLECTUAL PROPERTY

    All material on the website (including but not limited to Our Brands, all trademarks, drawings, designs, illustrations, photographs, sound tracks, written text and logos) is the exclusive property of The Way I Vogue and Kus Culture. You must not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on our website.

    The ‘The Way I Vogue’ and ‘Kus Culture’ trademarks and all other The Way I Vogue / Kus Culture related marks and logos (including all copyright in them throughout the world), whether or not registered, displayed on the website, as well as the domain name, are and will remain the exclusive property of The Way I Vogue and Kus Culture Culture (ABN 55 929 515 826). Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without the prior, written consent from us is strictly prohibited.

    You may not remove any copyright, trademark or other proprietary notice contained on the website or any content contained therein. You may make a single copy of web pages published on the website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.

     

    COPYRIGHT

    Unless otherwise indicated, all materials and content on this website, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials and content are owned by The Way I Vogue and Kus Culture Culture (ABN 55 929 515 826). Except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by us. Any other use of materials and content on this website, including reproduction for purpose other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission from us is strictly prohibited.

     

    LINKING

    The website may contain links to third party websites not under the operation or control from us. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third-party websites or any products or services offered on those sites. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.

     

    LIMITATION OF LIABILITY

    We will not be liable to you or any third party for any indirect, incidental special or consequential damages whatsoever including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the website, even if we have been advised of the possibility of such damages or loss.

     

    DISCLAIMER OF WARRANTY

    The exclusion of or limitations to The Way I Vogue and Kus Culture Culture (ABN 55 929 515 826) liability contained hereunder are made to the full extent permitted by law.

    Notwithstanding any other provision of these Terms and Conditions, where any law implies any term, condition or warranty which cannot be excluded, restricted or modified at all or only to a limited extent, the term, condition or warranty will apply, except to the extent it can be excluded or limited.

    Our liability for any breach of any such term, condition or warranty to the extent it can be limited, is limited at our  option, to any one or more of the following:

    (a) in the case of goods - the replacement of the goods or the supply of equivalent goods;

    (b) in the case of services – supply of the services again; or the payment of the cost of having the services supplied again.

    We do not guarantee or represent that:

    (a) our website is free from viruses, worms, trojan horses or other destructive material; or

    (b) the information contained on our website is accurate, complete or up to date.

    The website may contain technical inaccuracies or other defects. We do not guarantee that any such defects will be corrected. The website and its contents are provided on an ‘as is’ and ‘as available’ basis.

    You represent and warrant that you are at least 18 years old and will be responsible for completing all sign-up information or if under 18 years of age, have been granted access by your parent or guardian. If you are accessing and using the website services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions. 

    Without limitation, the Website is available only to individuals that can form legally binding contracts.

     

    APPLICABLE LAW

    These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland. 

    Each party irrevocably submits to the non-exclusive jurisdiction of the courts of the State of Queensland and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these Terms and Conditions.

    PAYMENT AND PRICING

    The prices of our products are indicated in Australian Dollars $AUD, excluding delivery costs. Product prices cannot be displayed in other currencies.

    We reserve the right to modify the prices of products offered on the website at any time without prior notice to you. You will be charged the prices displayed on the website at the time your order was confirmed provided the products ordered were available at that time.

    You are required to pay for any order placed on the website immediately on confirmation of your order. We only accept payment by PAYPAL or credit card.

    All orders are payable in Australian Dollars $AUD. We accept only the following charge cards and credit cards: MasterCard® Visa® and American Express. Your order will be dispatched once we have verified your payment method and received authorization to process your payment.

    Your credit card will only be debited when your order is dispatched. If any of the products in your order are unavailable, we will only charge you the prices, taxes and delivery costs for the products available.