Terms and Conditions

This part of our website is important and sets out all the information you will need to use our website and to buy products from our online shop. Please read this information carefully before using our website. Please note that this information may change from time to time so please ensure that you check this information before using the website or placing an order through our online shop.

Company Information

We operate the website www.kavalri.com.au

We are Kavalri, a company registered in Australia under ABN 77633704800. Our postal address is PO Box 277, Burwood, Victoria, 3125, Australia

If you want to contact us for any reason, please email support@kavalri.com.au or contact us by post at our postal address set out above.

The ‘KAVALRI’ word and devices are registered trademarks of KAVALRI which are protected by national and international laws. All rights are reserved. Unauthorised use or reproduction is prohibited. All other third party trademarks belong to their respective owners. All rights reserved. Unauthorised use or reproduction is prohibited.

Privacy Policy

Your privacy is very important to us and we will always act to protect your information. Our Privacy Policy tells you how we hold and use your personal information. We use cookies on our site so please read our Cookies Policy for further information. You will need to agree to us setting cookies in order to use our site properly and by using our site, you agree to us using and holding your personal information in accordance with our Privacy Policy. View the full details of our Privacy Policy. Please note that by agreeing to these terms and conditions you will be deemed also to have read, understood and agreed to our Privacy Policy in its entirety.

Website Terms of Use

These Terms of Use and any information or policies referred to in these Terms of Use sets out the terms on which you may make use of our website www.kavalri.com.au ("our site"), whether as a guest or as a registered user.

We may change these Terms of Use at any time by amending this page. You should check this page from time to time to take notice of any changes we have made, as they are binding on you.

Please read these Terms of Use carefully before you start to use the site. If you use the site, you indicate to us that you accept these Terms of Use and that you agree to comply by them. If you do not agree to these Terms of Use, please do not use our site.

You may only use this website for lawful purposes and will not use it in a way that violates the rights of any third party. You recognise and agree that the content contained within this website is only intended for your own personal, non-commercial use and you may only download, print or use content for this purpose. Unless you have prior consent you must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this website.

If you're a corporate customer and would like to use any content, photography or logos contained within this site for corporate purposes please contact support@kavalri.com.au

TERMS AND CONDITIONS OF SALE

Our Terms and Conditions of Sale set out the terms and conditions which apply to the sale of products on this site. You will need to agree to these Terms and Conditions of Sale in order to shop from our site. Please read them carefully.

We may change these Terms and Conditions of Sale at any time by amending this page. You should check this page prior to ordering anything from our site to take notice of any changes we have made, as they are binding on you.

Please read these Terms and Conditions of Sale carefully and make sure that you understand them, before ordering any products from our site. If you order any products from our site, you will need to indicate your agreement to them by ticking the box marked “Terms and Conditions of Sale” on the Checkout page. If you do not agree to these Terms and Conditions of Sale you cannot buy any products from our site.

Registration

You may need to register with us to take advantage of any competitions, promotions, offers or any features we may offer from time to time on the site. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects.

During the registration process you must choose a username and password. You must keep your username and password safe and confidential and you must not disclose it to anyone else. You must not allow anyone else to use your username and password.

If you think someone else may know your username or password, you must change it. If you think that anyone else may have accessed your account, with or without using your username or password, please contact us immediately at support@kavalri.com.au.

We may disable any username or password at any time if we think you have not complied with these Terms of Use or if there has been unauthorised access to your account.

Online shopping

When placing information onto our website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, what you see will vary depending on your monitor and computer equipment. We cannot guarantee that the product images are an exact representation of the actual products. If you're unhappy with your purchase, please review our Returns Policy.

Product Availability

We will use our best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. You acknowledge that in some cases this is not possible and we may need to reject an order you have placed for a product where we establish that it is unavailable for delivery. In such cases, we will refund in full all amounts you have in respect of such unavailable product. We cannot provide rainchecks for products ordered online, and where permitted by law reserve the right to limit the sale of products to reasonable or normal household quantities.

Orders

All orders are subject to availability and acceptance.

When placing an order you confirm to us that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card or PayPal account used to place your order and that there are sufficient funds to cover the cost of the products you have ordered.

Pricing

Prices shown on the website are in AUD and are inclusive of GST at the applicable rate. The AUD price of a product displayed on the website at the time the order is accepted and will be honored, except in cases of obvious error.

Product prices and delivery charges may be changed at any time.

Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices in our Dispatch Confirmation so that, where a product's correct price is less than our stated price at the time of your order, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product or reject your order and notify you that we are rejecting it.

If a pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the products to you at the incorrect (lower) price even if we have sent a Dispatch Confirmation.

Acceptance of Your Order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and KAVALRI will be finalised when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Melbourne, Australia and the language of the contract is English.

We reserve the right not to accept your order if we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms & Conditions.

We may also refuse to process and therefore accept a transaction for any reason, or refuse service to anyone at any time at our discretion. We will not be liable to you, or any third party by reason of our withdrawing any merchandise from the website, removing or editing content on the website; refusing to process a transaction or suspending any transaction after processing has begun.

Purchasing

All orders placed will be processed within 3 working days. Please allow 5-7 working days thereafter for the delivery of your goods; this will depend on your location. We send all of our items via Australia Post standard service. Requests for Express and Platinum postage services will be at an additional cost.

Payment

Payment can be made by Credit Card, Electronic Funds Transfer or through PayPal. We accept payment from the card issuers listed on the site. We will charge your credit or PayPal account shortly after your order has been confirmed.

You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to KAVALRI, we will not be liable for any delay or non-delivery.

Acceptance of payment may be dependent on the card issuer who may require security information to be entered or validation checks to be carried out as part of their secure payment system. If payment is not accepted, you will be notified of this. Payment made via PayPal is subject to PayPal’s terms and procedures.

We take all reasonable care to make our website secure. All credit card transactions on this site are processed using PayPal, a secure online payment gateway that encrypts your card details in a secure host environment. To help ensure that your shopping experience is safe, simple and secure, KAVALRI uses Secure Socket Layer (SSL) technology.

Our online ordering system is the industry standard for encryption technology – to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to www.kavalri.com.au. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.

We will take all reasonable care to keep the details of your order and payment secure, but we cannot or will not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing, or ordering from the website unless that access was made possible by our negligence.

Delivery

Please note that we aim to dispatch all orders within 5-7 working days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch.

We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. It is the responsibility of the purchaser to ensure the goods can be signed for on delivery. We will not leave goods unattended. If you are not present to sign for the goods an Australian post card will be left in order for you to collect the goods from your local post office. If delivery is not rearranged or your parcel collected it will be returned to our warehouse. Please contact us at support@kavalri.com.au to arrange redelivery in these circumstances. You may be responsible for additional delivery charges on any redelivery.

If you have specified a recipient who is not you, for delivery purposes then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by KAVALRI and transfer of responsibility in the same way.

Unfortunately deliveries to some postal addresses may not be available. If we do not deliver to your address, we will notify you of this when you try to place the order.

Delivery times are estimates only. We will try hard to meet our delivery times but are not responsible for any delayed or unsuccessful deliveries. Sometimes orders may take longer to fulfill and certain services may be removed during our seasonal sales, periods of promotional activity or due to circumstances beyond our control, such as adverse weather. If your delivery does not arrive when expected, please contact us on support@kavalri.com.au. Please note that if your delivery does not arrive within 30 days of Dispatch Confirmation you are entitled to a refund. Please see our Returns Policy for details of how to apply for a refund.

Returns & Refunds

Our 14 Day Returns Policy: If the product is faulty you may return any product you have purchased to us in its original condition within 14 days of the date it was delivered to you and receive a refund. In order to take advantage of this, you must (a) return the product to us in its original packaging with any seals tags and labels attached. You should obtain and keep proof of postage in case you need it as evidence that you have returned the product to us as the returned products are your responsibility until they arrive at our warehouse.

We will issue a refund for the price you paid for the products (including standard delivery charges if applicable) within 10 working days of the date we receive the returned item(s). We will inform you by email when we refund you. All refunds will be made using the same method originally used by you to pay for your purchase. We will only credit the debit or credit card used to make the original purchase. Our 14 Day Returns policy does not affect your statutory or other legal rights.

Returning Your Purchase

We recommend that items are returned to us via courier or registered Australia Post to ensure that they are protected and insured during transit.

1. Contact us at support@kavalri.com.au. Following this you will be emailed a Return Authorisation Form for you to complete and print out to attach to your return.

2. Place the ‘returns form’ with the items that you are returning and carefully repackage your item(s) in their original presentation and return with tracking to (at your cost):

PO Box 277, Burwood VIC 3125

3. You will be notified by email once your return has been received and processed.

4. Unidentified returns may be returned to the sender therefore, please ensure all details are clear and concise.

If you've requested an exchange of a product that you’ve purchased online, we’ll do our best to fulfil your request, however please note that this is subject to stock availability.

If you have any questions please drop us a line at support@kavalri.com.au

Exchanges

Please note exchanges are subject to stock availability. The item(s) you exchange must be equal or greater in value. The customer will be responsible for all shipping and handling charges.

Faulty Goods

Please note items that are damaged as a result of normal wear and tear are not considered to be faulty.

Where possible, we will offer to repair faulty items within 14 days of delivery. If the issue is not repairable or the same product is not available, you are entitled to a full refund in the original tender.

Colours

We have made every effort to display as accurately as possible the colours of our products that appear on KAVALRI. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.

Competitions

We run a variety of competitions and promotions throughout the year, each with their own separate terms and conditions of entry. Please carefully read these terms and conditions of entry before entering or participating in a competition or promotion.

Changing these Terms and Conditions of Sale

We may change these Terms and Conditions of Sale and any of our policies from time to time. You will be subject to the policies and Terms and Conditions of Sale in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions of Sale before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions of Sale, unless you notify us to the contrary within seven working days of receipt by you of the products).

 

GENERAL TERMS OF USE

Your Conduct

You must at all times use the site in a responsible and legal manner.

You must not use our site in any way that causes, or is likely to cause, our site or access to it to be interrupted, damaged or impaired in any way. In particular, you must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

You are responsible for all electronic communications and content sent from your computer to us.

You must not use our site:

• for any business or commercial use or purpose;

• in connection with a criminal offence of other unlawful or illegal activities;

• for fraudulent purposes;

• to send, use or reuse:

• illegal, offensive, discriminatory, abusive, indecent, defamatory, obscene or menacing material;

• material which is in breach of copyright, trade mark, duties of confidence, privacy or any other right; or is otherwise damaging to third parties or objectionable;

• material which contains chain letters, mass mailings or any "spam";

• for any advertising, promotional or marketing activities;

• to cause annoyance, inconvenience or needless worry or anxiety.

Intellectual Property Rights

(1) The Kavalri logo(s) are registered trademarks of KAVALRI.

(2) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by the Publisher, KAVALRI, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms of Use gives you a right to use any of them.

(3) Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. The Publisher makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

(4) You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of the Publisher or, in the case of third party material, from the owner of the copyright in that material.

(5) You may not 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 this website. You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

(6) If you correspond or otherwise communicate with the Publisher, you automatically grant to the Publisher an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.

Your Contributions and Material

If you make use of any features on our site which allow you to upload material or interact with other users of the site, we will treat any material you upload or contributions you make as non-confidential and non-proprietary. We have the right to use, copy, distribute and disclose to third parties any such material or contributions for any purpose.

We will not be responsible, or liable to any person, for the content or accuracy of any materials posted by you or any other user of our site.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We may withdraw linking permission without notice. The website from which you are linking must not contain any material which in not permitted on this site.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site and we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We have no liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. However, we do not have any duty to update or correct releases, presentations or other materials on this site. While we have attempted in good faith to ensure that the information presented here is accurate, there may be technical and factual inaccuracies or errors and you should note that any of the material on our site may be out of date at any given time.

This site is provided for the purpose of providing information to customers, employees, shareholders, other investors and the general public about us and our products and services.

Breach of these terms of use

If you fail to comply with or breach these Terms of Use (or we have reasonable grounds to believe that you have breached these Terms of Use) we may take all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our site and its associated services;

• immediate, temporary or permanent removal of any content or contributions you have made or uploaded to our site;

• issue of a warning to you;

• commence legal proceedings against you;

• disclosure of such information to law enforcement authorities or third parties as we reasonably feel is necessary.

These actions are not limited, and we may take any other action we reasonably deem appropriate.

Our Liability

Our site and the contents of the site are intended for private, consumer use only.

To the extent permitted by law, our site and the material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us exclude all liability for:

• any conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

• any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it;

• your use of third party websites linked from our site;

• any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control;

• any loss of profit or revenue, loss of data or any indirect losses or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site and any materials posted on it whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in these Terms of Use affects your statutory rights as a consumer.

Site Availability

We will do our utmost to ensure that the site is available and not interrupted. However due to the nature of the internet we cannot guarantee that the site will always be available or error-free. Please note that the site may be unavailable due to maintenance, technical issues or matters beyond our control.

In addition we may withdraw, suspend or amend the service we provide on our site without notice at any time or close the site indefinitely. We may also restrict access to some parts of our site, or our entire site, to users who have registered with us.

Unless otherwise indicated, copyright in the information on this website is owned by KAVALRI. All rights reserved. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Commonwealth. Copyright Act 1968 (Cth), 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 KAVALRI.

Your Use of Website

You agree that you will be personally responsible for your use of this website and for all of your communication and activity on, and pursuant to this website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C's, we may deny you access to this website on a temporary or permanent basis.

Third Party Websites

We may include links on this website to other websites, or resources operated by parties other than KAVALRI. KAVALRI has not reviewed all of the websites linked to its website and is not responsible for the content or accuracy of any of these website pages. We are not responsible for the availability of such external websites, and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources. Nor are we liable 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.

Your Rights

You have certain rights under the law. These include, in Australia:

1. That any products you order through this website will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this website; and

2. Certain remedies if a product is defective.

Compensation & Liability

You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C's by you, or arising from the use by any other persons accessing this website using your Internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the website (or any Content) or from your decision to purchase item(s) from KAVALRI, except to the extent of our negligence or breach of the these T&C's.

No Waiver

You acknowledge that if you breach the T&C’s and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C’s. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C’s in any way.

Governing Law

You acknowledge and agree that the T&C’s together with all our policies and procedures will be governed by and construed in accordance the relevant Australian law and the relevant courts of Australia will have exclusive jurisdiction. KAVALRI operates this website from its offices in Australia. The laws of the State of Victoria govern these Terms and Conditions and you agree to submit to the exclusive jurisdiction of the courts of Victoria.

Reading Down & Severability

If any portion of these T&C's is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the T&C's and the rest of the T&C's will not be affected by the severance.

Disclaimer/Limitation of Liability

Your use of this website is at your own discretion. KAVALRI (i) makes no warranties or representations about this website or any of the content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of this website or content and; (iii) does not guarantee that this website will not cause damage or is free from viruses or any other defects or errors.

We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website or the content contained within it. Where liability cannot be excluded, any liability incurred by KAVALRI in relation to the use of this website or the content, is limited as provided under the Trade Practices Act 1974 (Cth) (s.68A).

Under no circumstances will we be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.

In addition, we will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on an external site. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.

Comments, Feedback and Other

We're always happy to hear from you and welcome your comments, suggestions or feedback. Please drop us a line at support@kavalri.com.au.