Terms & Conditions

TERMS AND CONDITIONS OF SALE

1. OVERVIEW

This website is operated by Kus & Co® (ABN 55 929 515 826).

Throughout this website, the terms “Kus & Co®”, “we”, “us” and “our” refer to Kus & Co®.

These Terms and Conditions of Sale apply to your use of the kusandco.com.au website and to purchases made through our online store.

By accessing or using our website, or placing an order with us, you agree to these Terms and Conditions together with any other policies or terms referred to in them, including our:

  • Returns & Refunds Policy;
  • Shipping Policy;
  • Promotions, Giveaways & Sale Terms & Conditions;
  • 90-Day Love Your Hair Satisfaction Guarantee; and
  • Privacy Policy.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer products for sale.

 

2. CHANGES TO THESE TERMS

We may update these Terms from time to time.

Updated Terms will apply to future use of our website and to orders placed after the updated Terms take effect.

Changes will not retrospectively alter the terms applying to an order already accepted by us, except where required by law or agreed with you.

The current version of these Terms will be available on our website.

 

3. ELIGIBILITY TO PURCHASE

You must be at least 18 years of age or have the consent and supervision of a parent or legal guardian, to make a purchase through our website.

You must provide accurate, current and complete information when placing an order.

Our products are sold for personal or household use unless otherwise agreed.

Products purchased through our retail website must not be purchased for unauthorised resale or commercial distribution.

 

4. WEBSITE USE

You must not use our website:

  • for any unlawful or unauthorised purpose;
  • to infringe the intellectual property or other rights of another person;
  • to submit false, fraudulent or misleading information;
  • to upload or transmit viruses, malicious software or harmful code;
  • to interfere with the security or operation of the website;
  • to collect or misuse personal information belonging to others; or
  • in any other way that could damage, impair or interfere with the website or its users.

We may suspend or restrict access to the website where reasonably necessary to protect the website, our customers, our business or third parties from unlawful, fraudulent or harmful activity.

 

5. PRODUCT INFORMATION

We endeavour to ensure that product descriptions, ingredients, pricing, images and other information relevant to purchases are accurate and current.

Product images are provided for illustrative purposes. Minor differences may occur due to photography, lighting, screen settings or packaging updates.

Nothing in this clause limits your rights where goods do not correspond with their description or otherwise fail to meet a consumer guarantee under the Australian Consumer Law.

General educational or informational content appearing on our website is provided for general information only and is not intended as professional medical, health or other professional advice.

 

6. PRODUCT AVAILABILITY

Products are offered subject to availability.

Occasionally, stock availability may change after an order has been placed, including where multiple customers order the same item within a short period.

If an item becomes unavailable after you have placed an order, we will contact you as soon as reasonably possible.

Depending on the circumstances, we may offer you:

  • a suitable alternative;
  • the option to wait for the item to become available; or
  • a refund for the unavailable item.

If you choose a refund, the relevant amount will be refunded using the original payment method unless otherwise agreed.

 

7. PRICING

All prices displayed on our website are in Australian dollars (AUD).

For Australian orders, prices include GST where applicable.

Delivery charges are additional unless expressly stated otherwise.

Orders shipped to outside of Australia may be subject to customs duties, import charges or other taxes imposed by that country’s authorities.

Any customs duties, taxes or import charges payable upon import are the responsibility of the recipient and are not included in the product price or shipping charge paid to Kus & Co®.

Kus & Co® is not responsible for customs duties, taxes or import charges imposed by overseas authorities.

If an order cannot be delivered because the recipient refuses or fails to pay an applicable customs duty, tax or import charge, any refund or reshipping arrangement will be determined after the parcel has been returned to us. Additional shipping, return or handling costs reasonably incurred may be deducted where permitted by law.

We may change product prices at any time before an order is placed.

You will be charged the price displayed and applicable to your order at the time your order is submitted, subject to any genuine error being dealt with in accordance with applicable law.

Australian pricing laws require businesses to clearly communicate prices and generally display the minimum total price including taxes and unavoidable or pre-selected charges.

 

8. ERRORS AND INACCURACIES

Occasionally, information on our website may contain a genuine typographical, pricing, promotional, product-description or availability error.

We may correct genuine errors or inaccuracies on the website at any time.

Where an error affects an order you have already placed, we will contact you as soon as reasonably possible and deal with the order in accordance with applicable law.

Nothing in this clause allows us to avoid any legal obligation arising from misleading pricing, advertising or other representations.

 

9. PLACING AN ORDER

To place an order, follow the checkout process on our website and submit the requested order and payment information.

Once your order has been submitted, you will normally receive an order confirmation by email.

An order confirmation acknowledges that we have received your order. It does not necessarily mean that the order has been dispatched.

If you do not receive an order confirmation within 24 hours, please contact info@kusandco.com.au.

We may refuse or cancel an order where reasonably necessary, including where:

  • an item is unavailable;
  • payment is not authorised;
  • we reasonably suspect fraud or unauthorised activity;
  • we reasonably suspect unauthorised resale or commercial distribution;
  • a promotion has been misused;
  • an obvious error affects the order; or
  • we are otherwise unable to lawfully fulfil the order.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled item(s) using the original payment method unless otherwise agreed.

 

10. PAYMENT

Payment is required at the time you place your order.

Available payment methods may include:

  • Visa;
  • Mastercard;
  • American Express;
  • PayPal;
  • Apple Pay;
  • Google Pay;
  • Shop Pay;
  • Afterpay; and
  • other payment methods displayed at checkout.

All payments are processed in Australian dollars unless otherwise stated.

Your nominated payment method will be charged when your order is placed.

If payment cannot be successfully processed or authorised, your order may not be accepted or fulfilled.

Where a third-party payment provider is used, that provider's own terms and conditions may also apply.

If we cancel all or part of an order after payment has been received, the applicable amount will be refunded to the original payment method unless otherwise agreed.

 

11. DISCOUNT CODES

Discount codes must be correctly entered and successfully applied at checkout.

Only one discount code may be used per order unless otherwise stated.

Discount codes:

  • cannot be redeemed for cash or credit;
  • are subject to any stated expiry date or time;
  • may be subject to product exclusions, minimum spends, usage limits or other stated conditions; and
  • cannot be applied retrospectively once an order has been placed, except where required by law or where Kus & Co® agrees otherwise.

For more information, please refer to our Promotions, Giveaways & Sale Offers.

 

12. SHIPPING AND DELIVERY

Shipping fees, dispatch times, delivery estimates, address requirements, New Zealand customs information and procedures for delayed, lost or damaged parcels are set out in our Shipping Policy.

Delivery timeframes are estimates unless expressly stated otherwise.

Nothing in these Terms excludes any rights you may have where goods are not delivered within an agreed time or, where no time is agreed, within a reasonable time.

 

13. RETURNS, REFUNDS AND CONSUMER GUARANTEES

Returns and refunds are handled in accordance with our Returns & Refunds Policy and your rights under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and 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.

 

14. CHANGE OF MIND

Kus & Co® does not offer refunds, returns or exchanges for change of mind. This includes situations where you have simply decided you no longer want the product, ordered the wrong item, or changed your preference.

This does not affect your rights under the Australian Consumer Law

 

15. 90-DAY LOVE YOUR HAIR SATISFACTION GUARANTEE

Kus & Co® offers a voluntary 90-Day Love Your Hair Satisfaction Guarantee on eligible purchases.

This is an additional satisfaction guarantee and does not replace, restrict or modify your rights under the Australian Consumer Law.

The guarantee applies subject to the eligibility requirements, exclusions and conditions set out in the separate 90-Day Love Your Hair Satisfaction Guarantee Terms.

Consumer guarantees under the ACL apply independently of any voluntary warranty or satisfaction guarantee.

 

16. PROMOTIONS, GIVEAWAYS AND SALE OFFERS

From time to time, Kus & Co® may offer discounts, promotional products, gift-with-purchase offers, competitions or giveaways.

These offers may be subject to separate eligibility requirements, promotional periods, stock limitations and other conditions.

Sale and promotional products remain subject to any consumer rights that cannot lawfully be excluded.

Additional conditions for promotions, giveaways and sale offers are set out in our Promotions, Giveaways & Sale Offers T&Cs and, where applicable, the specific terms of an individual promotion or giveaway.

 

17. GIFT CARDS

Purchased Kus & Co® gift cards are valid for at least 3 years from the date of issue, unless a longer period is stated.

Purchased gift cards are:

  • not redeemable for cash, except where required by law;
  • not refundable for change of mind, except where required by law; and
  • subject to any additional conditions clearly disclosed when the gift card is issued.

If the full gift card balance is not used in one transaction, the remaining balance may be used toward a later purchase, subject to the gift card's expiry date and applicable terms.

Please treat gift cards like cash. Kus & Co® is not responsible for lost or stolen gift cards except where required by law.

Promotional gift cards or vouchers provided free of charge may be subject to different terms and expiry periods where permitted by law.

Australian law generally requires qualifying purchased gift cards to be redeemable for at least three years, although certain promotional and other gift cards are exempt.

 

18. REVIEWS AND USER CONTENT

You may from time to time submit reviews, photographs, videos, comments, feedback or other content to Kus & Co® through our website, social media channels or other platforms.

You must only submit content that you have the right to provide and that does not:

  • infringe another person's intellectual property, privacy or other rights;
  • contain defamatory, unlawful, offensive or misleading material;
  • include malware or harmful code; or
  • breach applicable consumer or advertising laws.

You remain responsible for content you submit.

You are responsible for ensuring that any content you submit is lawful and that you have the necessary rights and permissions to submit and allow us to use that content in accordance with these Terms.

By submitting content directly to Kus & Co® for publication, review, promotion or marketing, you grant Kus & Co® a non-exclusive, royalty-free, worldwide licence to reproduce, display, publish, adapt and communicate that content for reasonable business, marketing and promotional purposes.

Where required, we may edit content for formatting, length or presentation without materially changing its meaning.

We may remove or decline to publish content that we reasonably believe is unlawful, misleading, offensive, fraudulent or inconsistent with these Terms.

 

19. INTELLECTUAL PROPERTY

Unless otherwise stated, all content on the Kus & Co® website, including text, logos, trademarks, product names, photographs, graphics, artwork, layouts and other materials, is owned by or licensed to Kus & Co® and is protected by applicable intellectual property laws.

You may access and use our website for personal, non-commercial purposes.

You must not reproduce, publish, distribute, adapt, sell or commercially exploit our website content without our prior written consent, except as permitted by law.

“Kus & Co®” and related branding, marks and logos may not be used without our prior written permission.

 

20. THIRD-PARTY LINKS AND SERVICES

Our website may contain links to third-party websites, services or platforms.

These links are provided for convenience and do not necessarily mean that Kus & Co® endorses or controls the third party.

Third-party websites and services are governed by their own terms and privacy policies.

Kus & Co® is not responsible for the content or operation of third-party websites, except to the extent responsibility cannot lawfully be excluded.

 

21. PRIVACY

Personal information collected through our website is handled in accordance with our Privacy Policy and applicable privacy laws.

Please refer to our Privacy Policy for information about how we collect, use, disclose and protect personal information.

 

22. WEBSITE AVAILABILITY AND SECURITY

We take reasonable steps to maintain the security and availability of our website.

However, we do not guarantee that access to the website will always be uninterrupted or error-free.

From time to time, access may be affected by maintenance, upgrades, technical faults, third-party service interruptions or circumstances outside our reasonable control.

Nothing in this clause excludes or limits any liability that cannot lawfully be excluded.

 

23. LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability under the Australian Consumer Law or any other law where it would be unlawful to do so.

To the extent permitted by law, Kus & Co® is not liable for losses that are:

  • caused by matters outside our reasonable control;
  • caused by your misuse of our website or products;
  • caused by inaccurate information supplied by you; or
  • not reasonably foreseeable as a result of our conduct.

This clause does not limit any right you may have to compensation for reasonably foreseeable loss or damage resulting from a failure to comply with an applicable consumer guarantee.

 

24. ACCOUNT AND ORDER INFORMATION

You are responsible for ensuring that information supplied in connection with your account or order is accurate and current.

We maintain electronic records of orders and transactions placed through our website. These records may be used to assist in confirming the details of an order or transaction.

If you believe an order record is incorrect, please contact us and we will investigate.

 

25. SUSPENSION OR TERMINATION OF WEBSITE ACCESS

We may suspend or terminate access to our website where reasonably necessary, including where we reasonably believe a user:

  • has engaged in unlawful or fraudulent conduct;
  • has materially breached these Terms;
  • has interfered with the operation or security of the website; or
  • poses a risk to Kus & Co®, our customers or third parties.

Termination of website access does not affect rights or obligations that arose before termination, including any rights relating to an existing order or Australian Consumer Law claim.

 

26. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be read down or severed to the minimum extent necessary.

The remaining provisions will continue to apply.

 

27. NO WAIVER

If either party does not immediately exercise a right under these Terms, that does not mean the right has been waived.

 

28. ENTIRE AGREEMENT

These Terms, together with the policies and specific terms incorporated by reference, form the agreement between Kus & Co® and you in relation to use of the website and purchases made through it.

Nothing in this clause excludes representations, rights or remedies that cannot lawfully be excluded.

 

29. GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia.

Nothing in these Terms excludes any rights or remedies available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.

 

30. CONTACT US

If you have questions about these Terms and Conditions, please contact:

Kus & Co®
PO Box 703
Edge Hill QLD 4870
Australia

Email: info@kusandco.com.au