Terms & Conditions
Thank you for visiting the Kyara Australia website – www.kyara.com.au This website is registered to Kyara Australia . Any use of this site constitutes acceptance of the Terms and Conditions set out below.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Shipping or Returns & Exchanges pages for further information.
In order to contract with Kyara you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Kyara retains the right to refuse any request made by you.
A) Your order
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Unless otherwise provided for in these terms and conditions, you may not cancel or amend your order (including the delivery address, changes to colour or size, or removing items) after your order has been placed. Please ensure all details provided are full and correct at the time of order placement. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
B) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost’.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Our website accepts payments using Visa, MasterCard and Amex. Once your credit card has been validated, upon clicking “PLACE ORDER” we will debit your credit card immediately for the full order amount. Pre-authorisation charges will clear within 3 - 5 working days after placing your order (depending on your bank's practices). For stored payments in your Kyara account, no pre-authorisation charges will occur unless your stored payment is no longer valid.
D) Discount Codes
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.
Kyara Australia may restrict use of, terminate or suspend the website or any part or features of the website at any time and without notice to any user.Liability
To the extent permitted by law, Kyara Australia does not accept liability or responsibility for any direct, incidental, consequential, indirect or punitive damages, costs or losses (including, but not limited to, lost profits, business interruption, loss of information or data, loss of goodwill and loss of or damage to property) arising out of or in relation to any information or materials on, or the use of, the Kyara Australia website, any websites linked to the Kyara Australia website, or any websites through which a user may link through to the Kyara Australia website.
Further, Kyara Australia has no liability or any responsibility for any loss suffered or caused by viruses that may infect the user's computer equipment or other property by reason of use of, access to or downloading of any material from the Kyara Australia website, any websites linked to the Kyara Australia website or any websites through which a user may link through to the Kyara Australia website. If a user chooses to download material from this website it is at the user's own risk.
INTELLECTUAL PROPERTY RIGHTS
All copyright and other intellectual property rights in all text, images and other materials on this website are the property of Kyara Australia or are included with the permission of the relevant owner.
Users must not reproduce any part of this website for sale or distribution for commercial gain or to modify or incorporate any part of the website in any other work, publication or website without the expressed written permission of Kyara Australia.
The trademarks, logos, characters and service marks displayed on this website belong to Kyara Australia. Nothing contained on this website should be construed as granting any licence or right to use any trademark displayed on this website. The use/misuse (including modifying or permitting the modifications) of the trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. Kyara Australia reserves all its rights to enforce its intellectual property rights to the fullest extent of the law.
USE OF THE Kyara Australia WEBSITE & CONTENT
All of the content included on this website, including all text, graphics, photographs, data, and images, is the property of Kyara Australia or its content suppliers, and is protected by Australian and International copyright laws. The compilations, collection, selection, arrangement, assembly, and coordination of all content available on this website are the exclusive property of Kyara Australia.
The information and material contained on the Kyara Australia website is provided for bona fide personal or commercial customers only. Users of the website may not use, reproduce, adapt, compile, or distribute any information or material contained on the website for any commercial purpose without the prior written consent of the Kyara Australia brand owners – Kyara Australia - which may be withheld at Kyara Australia’s sole discretion.
LINKS TO OTHER WEBSITES
The www.kyara.com.au website may contain links to other websites. These links are provided for users' convenience and information only and may not remain current or be maintained. Kyara Australia makes no representation or warranty as to the accuracy, currency or any other aspect of the information on those linked sites. A link to another site should not be construed as an endorsement or recommendation by Kyara Australia of any information, goods or services on that other site. Kyara Australia is not responsible for the privacy policies or practices of any third party.
LINKING TO www.kyara.com.au
A user may only link to the Kyara Australia website with the express written permission of Kyara Australia. Any links if allowed, must only link directly to Kyara Australia homepage (and no other pages within the website) unless otherwise agreed by Kyara Australia in writing.
GOVERNING LAW AND LEGAL NOTICE UPDATE
The Kyara Australia website is maintained by Kyara Australia. If a user accesses the Kyara Australia website from locations outside Australia the user must comply with all local or relevant laws relating to the user's access.
Kyara Australia may make changes to these Terms and Conditions at any time, those changes are effective immediately and any subsequent use of the website will constitute acceptance of the modified and then current Terms and Conditions of use. Any such changes to the Terms and Conditions will be accessible from this webpage.