Terms and Conditions
Terms and Conditions
1. GENERAL
a) Kit Cosmetics Pty Ltd (KIT, we, us or our) provides the KIT website (the Site). These terms and conditions, our Privacy Policy, any other terms and conditions and policies that you may find on this Site (such as our Returns, Refunds and Replacements Policy) and any applicable laws or regulations (collectively, Terms) govern your use of, and access to, the Site, and social media channels, and the products and services provided therein, regardless of your means of access.
b) We encourage you to consult our FAQs section if you have any questions in relation to the Terms or the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agreed to the Terms.
c) If you access and use any part of the Site on someone else's behalf, you represent that you have the authority to do so, and accept the Terms, on their behalf.
d) These Terms govern how we will interact with you on social media sites. Otherwise, the terms and conditions of such social media third party platforms will govern your use of those social media pages.
2. MODIFICATION
a) We may modify any part of these Terms, or content of the Site, at any time, upon notice or as required by law. If we elect to modify these Terms, we will post a new version on the Site and update the date set out above. Any changes are effective immediately upon posting to, or removal from, the Site. Your continued use of the Site thereafter constitutes your acceptance of any changes to the Site or Terms. If you do not agree to any change, then you must immediately stop using the Site.
b) You should read and carefully consider the Terms before using the Site, or otherwise placing an order online, and check back regularly for any changes. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law.
c) We do not promise to continue to offer or maintain the Site. We may, at any time and without prior notice to you, but acting reasonably at all times, withdraw the Site from use and terminate any or all of the rights granted by the Terms.
d) The terms that will apply to your use of our Site are the Website Terms and Conditions that apply at the time you used the Site.
3. PLACING ORDERS
a) Currently, you may only place an order via the Site.
b) To place an order, you must:
i. meet the eligibility criteria (see below); and
ii. provide your personal and payment details, including your full name, phone number, e-mail address, and any other requested information. By providing these details, you represent and warrant that they are valid and correct and that you are the person specified in the ‘Billing information’ section.
c) You will meet the eligibility criteria if:
i. you hold a valid credit or debit card issued by a bank that is acceptable to KIT, or you hold another means of payment that is acceptable to KIT, such as a valid Google Pay or Apple Pay account (Alternative Payment Method); and
ii. you have authorised KIT to process 1 or more charges on your credit or debit card or Alternative Payment Method in an amount equivalent to the total purchase price for the goods or services that are the subject of the order.
d) We reserve the right to only accept orders from those aged over 18 or 21, as legislated by the relevant state or territory of residence.
e) We may use your personal information (eg your personal and payment details) for the purpose of performing credit checks. Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions.
f) Please refer to our Privacy Policy for further information about how we use your personal information.
4. ACCEPTANCE OF YOUR ORDER
a) When you place an order via the Site, you make an offer to purchase the selected goods from us in accordance with these Terms. Unless you cancel your order, your offer is accepted, and the contract for the supply of the goods completed, when an email is sent from us (or our authorised agent) confirming that the goods have been dispatched and handed over to the designated carrier.
b) For the avoidance of doubt, your offer has not been accepted when:
i. you add 1 or more items to your cart; and / or
ii. following the placement of your order, you receive an email acknowledging the details of your order. This email confirms that we have received notice of, but not accepted, your order.
c) At the time your order is placed, your credit or debit card or Alternative Payment Method will be charged in the amount equivalent to the total price for the goods that are the subject of the order. The transaction may appear as ‘authorisation only’ or ‘pending’ on your bank statement until your order is fulfilled.
d) We have a responsibility to provide you with a secure payment gateway. To protect the interests of you and your financial institution, we conduct and implement fraud detection processes, including monitoring suspicious transactions and verifying the authenticity of orders. If your order (or your nominated payment method) triggers our fraud prevention protocols, we may contact you to confirm additional details. Your order must pass our fraud prevention protocols before it will be fulfilled. If we are unable to obtain authorisation for payment, or you do not provide the requested information within the required timeframe, your order may be cancelled and payment returned, if applicable, via the original payment method. In those circumstances, your bank may take 3 to 5 working days to clear the funds back into your account.
e) We reserve the right to:
i. reject your offer at any time at our discretion, including in the event that we are unable to obtain authorisation for payment, the goods are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, in the Terms; and/or
ii. restrict or limit the quantity of particular goods being shipped to any one customer or postal address.
f) The contract for the supply of goods or services (as the context permits) is completed in Victoria, Australia.
5. PRICES
a) Unless stated otherwise, prices are inclusive of GST and other taxes of a similar nature, but do not include any applicable shipping or delivery fees. Prices are displayed in the local currency of the country in which you are located. (b) Prices are subject to change, effective immediately upon posting to the Site or other form of notification.
6. INTELLECTUAL PROPERTY RIGHTS
a) In these Terms:
i. Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Site, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and
ii. Intellectual Property Rights includes patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
b) The Site, Content and all Intellectual Property Rights comprised in the Site and Content are owned by KIT, or in some cases, our affiliates, partners or licensors. The Intellectual Property Rights may be protected by Australian and international laws.
c) You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or Site, other than as expressly authorised by us, our third party licensors or applicable laws, such as the Copyright Act 1968 (Cth).
d) Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Site or Content is prohibited.
7. ACCESS
You may use the Site (and any goods or services purchased on or via the Site) for your own lawful, personal and non-commercial purposes only in accordance with these Terms. You must not:
a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Site;
b) use the Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites, social media sites or otherwise;
c) publish, distribute, transmit, sell, license or download the whole or any part of the Site or Content (except caching or as necessary to view the Site);
d) use the Site or Content other than for personal use;
e) modify, reverse engineer or create any derivative works based upon the Site or Content;
f) collect account information for the benefit of yourself or another party;
g) using any meta tags or any other ‘hidden text’ utilising any Content; or
h) using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.
8. CONTENT
a) We attempt to provide accurate information on the Site. However, the information contained on the Site is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law:
i. we do not warrant that information contained on the Site or in the Content, including any product or service descriptions, colours, ingredients is accurate, complete, reliable, current, or error-free;
ii. KIT takes no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Site or in the Content; and
iii. the Site is presented ’as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Site, including warranties of merchantability or fitness for a particular purpose.
b) From time to time, KIT may refresh their products and the ingredients they use may change slightly. We aim to update our digital platforms with any changes as soon as we can, but we recommend that you check the product packaging for the most up-to-date ingredient list. If you want to double check an ingredient, please contact our customer care team at hello@kitskinkind.com.au.
c) KIT does not promise that any part of the Site or Content is error-free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.
d) Nothing in the Terms excludes, restricts or modifies any rights or remedies under the Australian Consumer Law (if you made your purchase in Australia), the Consumer Guarantees Act 1993 (if you made your purchase in New Zealand), or any consumer protection laws in the country you are located, that cannot be excluded, restricted or modified. Subject to the preceding sentence, and to the fullest extent permitted by applicable law, our liability under the Terms will be limited, at our option to:
i. replacing the goods or supplying equivalent goods;
ii. repairing the goods;
iii. paying the cost of replacing the goods or of acquiring equivalent goods; or
iv. paying the cost of having the goods repaired.
9. LIABILITY
To the fullest extent permitted by applicable law, neither party will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or its Content, or use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if the party had been advised of the possibility of such damages.
10. USE OF INFORMATION
a) If you upload or otherwise provide any information or content (User Content) in the course of accessing or using the Site, you:
i. grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise, use and modify the User Content (and all intellectual property rights contained therein), including in all media now known or not currently known;
ii. consent to us infringing any moral rights or similar rights you may have or may acquire in the future in that User Content; and
iii. agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.
b) You will not upload or otherwise provide any User Content that:
i. is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
ii. infringes the intellectual or other proprietary interests of third parties;
iii. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach the Terms;
c) violates any law, statute or regulation;
d) forges information to disguise the origin of any User Content; or
e) encourages or incites any other person to engage in any of the above behaviour.
11. THIRD PARTY SITE
a) We may include hyperlinks on the Site to other websites, platforms or resources operated by third parties (Third Party Site). KIT is not responsible for the content or accuracy of any Third Party Site linked to or from the Site, nor are we responsible for the availability of Third Party Site, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Site, including any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
b) You should make your own reasonable enquires regarding the content of Third Party Site. Your linking to or from the Third Party Site is at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Site that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by KIT.
12. TERMINATION
We may at any time and without obligation to give notice to you:
a) temporarily suspend or disable the Site; and
b) permanently cease operating the Site.
13. RELATIONSHIP
No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by the Terms.
14. FORCE MAJEURE
Neither party shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, inability to obtain any necessary materials, equipment, facilities or services, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.
15. APPLICABLE LAW
The Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
16. NO WAIVER
Any failure to enforce any of our rights does not constitute a waiver of those rights.
17. SEVERABILITY
Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
18. CONTACT
If you have any questions regarding these terms and conditions, please contact us at hello@kitskinkind.com.au.
OFFERS
All terms of an offer must be met.
Offers are valid only for the period specified and will end at 11:59am AEDT on the end date, unless stated otherwise in the offer terms.
Please note offer periods are subject to product availability and will terminate early if stocks run out.
We reserve the right to vary, withdraw or cancel offers for any reason at any time.