Term of Service

 

These Terms of Service (“Terms”) apply to your use of THE KOOKAI website and your purchase of products from us.

By accessing our website or placing an order, you agree to these Terms. If you do not agree, please do not use our website.

1. Account Terms

You may be required to provide accurate information when creating an account or placing an order.

You are responsible for maintaining the confidentiality of your account information and for activity carried out through your account.

You must not use our website for unlawful, fraudulent, abusive, or unauthorised purposes.

2. Pricing and Payment

All prices displayed on our website are in [AUD] unless otherwise stated.

Prices may change without notice, but changes will not affect orders that we have already accepted unless required by law.

Payment must be successfully received before an order is processed. We may use third-party payment providers to securely process transactions.

Any applicable taxes, duties, or charges will be displayed or communicated where required.

3. Product Descriptions

We make reasonable efforts to ensure product descriptions, photographs, colours, measurements, and other information are accurate.

However, colours may appear differently depending on your device or screen settings, and minor variations may occur.

Nothing in our product descriptions limits your rights under applicable Australian consumer law.

4. Order Acceptance

Placing an order constitutes an offer to purchase products from us.

We reserve the right to accept or decline an order where permitted by law, including where:

  • A product is unavailable

  • Pricing or product information contains an obvious error

  • We suspect fraudulent or unauthorised activity

  • We are unable to process payment

If we cancel an order after payment has been received, we will provide an appropriate refund.

5. Shipping and Delivery

Orders are processed within approximately  1-3 days.

Estimated delivery times are  3-7 business days after dispatch unless otherwise stated.

Delivery timeframes are estimates and may be affected by circumstances outside our reasonable control, including courier delays, public holidays, weather, customs processing, or other events.

Please see our Shipping Policy for further information.

6. Returns and Refunds

Returns, exchanges, and refunds are handled in accordance with our Return and Refund Policy and applicable Australian consumer law.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot legally be excluded under Australian law.

7. Prohibited Uses

You must not use our website:

  • For unlawful purposes

  • To commit fraud

  • To interfere with website security

  • To introduce malicious software

  • To collect information about other users without authorisation

  • To copy or misuse our content or intellectual property

  • To place fraudulent or unauthorised orders

  • To interfere with the normal operation of our website

8. Intellectual Property

Unless otherwise stated, content on our website, including text, photographs, graphics, logos, designs, and branding, belongs to or is licensed to THE KOOKIE.

You must not reproduce, distribute, modify, or commercially exploit our content without our written permission.

9. Website Availability

We aim to keep our website available and accurate, but we do not guarantee that it will always be uninterrupted, secure, or error-free.

We may temporarily suspend or modify parts of the website for maintenance, updates, security, or other operational reasons.

10. Limitation of Liability

To the maximum extent permitted by law, KOOKAI is not responsible for losses that are not reasonably foreseeable or that result from circumstances outside our reasonable control.

Nothing in these Terms excludes, restricts, or modifies liability, rights, or remedies that cannot legally be excluded or limited under applicable Australian law.

11. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Any disputes will be subject to the applicable courts and laws of Australia, subject to any mandatory rights or protections available to consumers under applicable law.

12. Changes to These Terms

We may update these Terms from time to time. Changes will take effect when the updated Terms are published on our website.