Terms & Conditions
TERMS AND CONDITIONS OF SALE
The purchase of any products offered on the kusculture.com website is 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 kusculture.com website is prohibited.
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.
kusculture.com. website is copyright ©2017-2022 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. Please be mindful that if you have an active discount code it needs to be entered and applied correctly to your cart. No partial refunds will be actioned if missed.
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 email@example.com.
When your order has been dispatched you will receive another email with the estimated time of delivery.
- Standard domestic shipping is FREE for orders $60 and over. If under, a flat rate of $8 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 2-8 business days.
INTERNATIONAL ORDERS (ONLY NEW ZEALAND AT THE MOMENT)
- Standard international shipping is FREE for orders $100 and over. 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.
30 DAY-USAGE MONEY BACK GUARANTEE
Not sure if our hair care is right for you? We totally understand. In fact, we’re so confident our hair care will improve your hair health within 30 days of use, that we’re backing it with a 30-day money-back guarantee! You read correctly, if you’re not happy with any of our hair care products which are: hair serum, heat protect spray, hair mask and curl cream, we will refund you 100% of your money.
To initiate please email firstname.lastname@example.org with your order number, email used for purchase and a brief description of the product you’re not happy with and why.
Shipping costs are non-refundable, and refunds can only be issued to the method that was used to pay for the initial order. Product(s) must be date-stamped returned to us within 35 days (this allows for delivery) from the delivery date and you will need to pay for your return postage. We recommend using a tracking service / opt in to avoid anything getting lost.
We may, from time to time, run promotions where certain hair care products, or a combination of products, are offered for sale at a discounted price or free of charge. All such promotional items are subject to availability while stocks last and are not valid for refund when received by you free of charge, or where the discount, if applicable, was 20% or greater.
If in any case you have purchased our product from somewhere else including our stockists, we are not liable for any damaged or faulty goods. Nor are we liable for any returns.
We do not offer returns for 'change of mind' or 'used products'. Please keep this in mind when purchasing.
If your order is being 'returned to sender' for reasons such as; not being picked up from post office, change of address before delivery, you will be required to pay for delivery or abandon your order. No refund will be issued.
We do offer a replacement of products if the products have been damaged in delivery. This would apply to a damaged pump or dispenser. We require that you document it with photos, same day as delivery, and send an email to email@example.com with your order number, full name and photo documents. A review will be made in 48 hours, and we will email you back our next actions.
If you have any queries regarding your delivery, refund or return please contact us by emailing firstname.lastname@example.org
- 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 cannot 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.
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.
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 require that you document it with photos and send to email@example.com for further investigation.
If the products have been damaged in delivery, we require that you document it with photos, same day as delivery, and send an email to firstname.lastname@example.org with your order number, full name and photo documents. A review will be made in 48 hours, and we will email you back our next actions.
Please see 'Returns Policy’ section of these Sale Terms and Conditions.
Your accessories, as noted below, should be free from defects. If your below-listed product is defective, we will happily replace it free of charge. Refunds will not be considered. Please email us to start your claim at email@example.com and include: a photo of the defect, your full name and order number. Once the claim is approved you will need to pay for your return postage. We recommend using a tracking service / opt in to avoid anything getting lost. Once received we will exchange and ship you a brand new accessory.
We offer a 6 month warranty from purchase date on these select products;
- Microfibre hair towels
- Satin and Silk scrunchies
- Sandalwood Combs and Bamboo Brush
- All clips and claws
RE-DIRECTION OF PARCELS
We are unable to redirect orders once products have been dispatched.
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
USER PARTICIPATION: COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PLEASE READ: USER PARTICIPATION
Users of Kus Culture platforms may at various times submit, post, upload, display, distribute, transmit, publish or provide to us (whether through our website or another third party site, software, application or other means) (“Submit”) ratings, reviews, questions, comments, information, photographs, ideas, know-how, techniques, suggestions, text, photographs, images, audio clips, video clips and other content or materials (excluding credit card information), deemed “User Participation”.
All such User Participation you submit are and will be treated as non-confidential and non-proprietary. By submitting any User Participation, you grant us the royalty-free, worldwide, perpetual, irrevocable and transferable license (including a full waiver of any moral rights) to use, copy, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, edit, reverse-engineer, disassemble, decompile, delete in its entirety and create derivative works from (by any means and any form) such User Participation, for any reason (including marketing and promotions) and across any channel (including emails, social media and the website). This license will survive the termination of these Terms and your use of the platforms.
You represent and warrant that you own or otherwise control all of the rights to any User Participation that you submit and that use of your User Participation by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any User Participation.
You are solely responsible for the content, accuracy and lawfulness of any User Participation that you submit. You shall not submit any User Participation that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, offensive or could give rise to any civil or criminal liability under any applicable law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or (d) does not comply with any relevant consumer or advertising law, including in relation to disclosure of incentives in exchange for providing the User Participation.
We do not guarantee the content, accuracy or lawfulness of any User Participation. Where a User Participation violates these Terms or other relevant terms, we may (but shall not be obligated to) remove or edit the User Participation. In some circumstances, we will have no control over the removal or editing of the User Participation, for example where it is submitted through a third party application, site, software or other means.
Under no circumstances will we be responsible or liable to you or any third party in any way for any User Participation.
We have the right to fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone submitting a User Participation and you waive and hold us harmless from and against any claim in connection with such disclosure.
SECURITY AND PERSONAL DATA
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 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 ‘Kus Culture’ trademark and all other 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 Kus 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.
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 Kus 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.
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 Kus 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, for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
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.
In no case shall KUS Culture, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by 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, AfterPay 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.