Terms and Conditions
Terms and Conditions
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.
If you have any questions, please contact us and we will be happy to assist you.
1. Compliance with Terms
1.1 You will be bound by these Terms each time you submit an Order.
2.1 You acknowledge that all goods purchased under these terms are intended for personal non-commercial use only and will not be re-sold.
2.2 Kayelle Designs will not be liable to you for loss you or any third party suffers for a delay or failure to process your order or deliver goods due to inaccurate or incomplete details provided in an order.
2.3 You agree to obtain consent to provide Kayelle Designs with Personal Information of recipients of gifts or goods ordered by you.
2.4 You may Order from Kayelle Designs if you are aged 16 years or over, and have an active email account or a telephone number at which you can be contacted.
2.5 If you place consecutive or separate orders, we may not be able to consolidate your orders. A separate delivery fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many goods as you wish in one order.
2.5 Kayelle Designs reserves the right to accept or reject your order for any reason at any time. If Kayelle Designs rejects your order you will receive a refund of any money paid.
3.1 From time to time, some goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your order. If this happens, we will refund you the price paid for the goods impacted.
3.2 We may withdraw or suspend from sale any good displayed on the website, either temporarily or permanently, at any time. Kayelle Designs will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular good.
3.3 Where a good which is the subject of an order has been withdrawn or suspended from sale and your payment for the good has already been processed, we will refund you the price paid for the goods impacted.
3.4 Kayelle Designs reserves the right not to honour any incorrect offers represented on the website made by genuine human or system error. Where your order is affected by an error on the website (for example, in a description, an image, price or otherwise), we will reject that part of the order affected by the error. You will be refunded the value of that part of your order affected by the error, and Kayelle Designs will fulfil the remainder of your order. If you are not satisfied with the partial fulfilment of your order, you can return your order to us under the Returns Policy.
If your order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your order and refund any money paid to us.
You acknowledge and agree that:
a. all pictures and images of goods displayed are for illustrative purposes only;
b. any other item featured with the goods is for illustrative purposes only, and may be sold separately; and
c. where we provide dimensions and measurements in the description of a good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each good is suitable for your purpose prior to submitting your order.
4. Price and Payment
4.1 When you place an order, we will charge you and you agree to pay the price and any applicable delivery fee.
4.2 All prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including delivery fees) imposed by these Terms also include GST where applicable.
4.3 Kayelle Designs reserves the right to change or alter prices without notice to you. If you have already submitted an order at a particular price, we will supply your goods at that price (unless your order is affected by a pricing error, in which case clause 3.4 will apply).
4.4. Payment methods are specified on the website or told to you at the time you place your order. They include PayPal and credit card, using Stripe. The name on any credit card used for payment must match the name on the order.
4.5. Any payment for an order must be cleared by Kayelle Designs before goods are dispatched. If your payment cannot be processed, your order will be rejected and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your order.
4.6. In paying or attempting to pay for goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
4.7. Lay-by is not available for Orders.
5. Cancellations and Returns
5.1. Unless provided for under these Terms or as otherwise agreed by Kayelle Designs, no cancellations or changes to orders will be accepted, and the goods will be delivered to the delivery address in an order. You should carefully check that your order is accurate before you submit it. You will, however, be able to return goods under the Returns Policy.
5.2. If we cannot contact you about your order using the contact details you provided in the order, after having made reasonable attempts to contact you, we will cancel your order and refund any money paid.
5.3. Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
5.4. Kayelle Designs will process any refunds within a reasonable time of agreeing to do so.
5.5. If the original payment was made on a credit card, refunds will be processed on the same card as the original payment was made.
5.6. If you would like to make a return under the Returns Policy, please contact us using the contact form in this website or on firstname.lastname@example.org
6. Promotions and discounts
6.1. You may receive online offers and promotions, whether with your order or emailed to you. Some offers may include a promotional or coupon code (code) for use when placing an order. It is your responsibility to ensure that the code is valid, and that you enter the code at the time of placing an order. The code cannot be applied after you have submitted your order. Separate terms may apply to the use of the code. Any code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
6.2. All references to times in promotions are based on the local time in Perth, Western Australia unless stated otherwise.
8. Risk & Liability
8.1. Risk and title in the goods passes to you on the date and time of delivery of the goods by the delivery agent.
8.2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8.3. Kayelle Designs excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
8.4. You represent and warrant to Kayelle Designs that Kayelle Designs will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
8.5. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
9.1. We may, at our discretion, terminate the agreement for the supply of Goods to you:
a. for convenience, at any time, on giving notice to you; or
b. immediately if Kayelle Designs reasonably believes that you have breached these Terms and:
i. that the breach is not capable of remedy; or
ii. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
10.1. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the website. The Terms which apply at the time you place an order are those that govern that order.
10.2. Kayelle Designs may give notice to you by electronic mail. You may give notice to Kayelle Designs via electronic mail using the website contact form or to email@example.com.
10.3. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
10.4. A failure or delay by Kayelle Designs to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Kayelle Designs does not preclude its future exercise or the exercise of any power or right.
10.5. The laws of Western Australia, Australia govern this agreement. Your transaction is deemed to have taken place in Perth, Western Australia.