Terms and Conditions

KISMET BY MILKA – Website Terms and Conditions

 

  1. Introduction

    This website and online store located at www.kismetbymilka.com.au (Site) is owned and operated by Kismet by Milka (ABN 40 214 823 901 (Kismet by Milka, we, us or our). By accessing our site or purchasing products from our Site, you agree to be bound by the following terms and conditions (Terms).

 

  1. Modification of these Terms
    We reserve the right to amend, modify, add to or delete any of these Terms at any time, and such modifications shall be effective immediately upon posting of the modified terms on the Site.
  1. Additional terms on this Site
    3.1 In addition to these Terms important notices have been posted on the Site. Your use of the Site means that you also accept the terms, conditions, notices, disclaimers and policies posted on the Site. We reserve the right to modify these notices at any time. 
    3.2 The additional terms include, but are not limited to our Privacy Policy.

 

  1. Use of the Site
    4.1 You will not use the Site for any purpose that is unlawful or prohibited by these Terms.
    4.2 You must not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other user’s enjoyment of the Site. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
    4.3 You must not modify, copy, reproduce or distribute in any way any material or products displayed on this Site.

 

  1. Third party content and links
    5.1 We are not responsible for any third-party content, external websites, networks, advertisements, directories, software, servers, products and services, databases, information systems and the internet as a whole (third-party content) which you may access from the Site or which is linked to the Site from time to time. 
    5.2 We accept no responsibility nor liability for promotions shown or advice given in Third Party Content and cannot be held liable for any loss or damage incurred as a result of reliance on any third-party Content.
  2. Disclaimers
    6.1 To the full extent permitted by law, all products and related information displayed on this Site is provided without any warranty as to its accuracy or reliability and we do not accept any liability which may arise from your use or reliance of such information. 
    6.2 Whilst we will endeavour to maintain ongoing access, access to the Site may be suspended, restricted or terminated at any time. We disclaim all liability to you to the full extent permitted by law should this occur.

 

  1. Purchasing our products online
    7.1 The price you see on the Site is the price you will pay at the checkout in AUD$. We accept MasterCard, VISA, PayPal, Amex and ZipPay. We are not responsible for incorrect pricing on external websites. 
    7.2 Payment is required in full prior to dispatch of your order. 
    7.3 There may be a slight colour variation with online orders which will not constitute a fault or defect of the goods.
    7.4 Products available for purchase online are subject to availability. 
    7.5 Kismet by Milka reserves the right to limit the quantity of products supplied, supply only part of an order or to divide orders.
    7.6 Kismet by Milka reserves the right to alter the terms or duration of any special offers or sale promotions.
    7.7 You will be informed if Kismet by Milka is unable to complete an order.

 

  1. GST and taxes
    8.1 Any prices or charges referred to on the Site are inclusive of Goods and Services Tax (GST) unless stated otherwise. The total price payable by the customer for the products is subject to GST.
    8.2 All international orders are exempt from Australian GST (10%), however in most cases, any customs or import duties are charged once the parcel reaches its destination country. Any charges on a parcel must be paid by the person receiving the parcel.
    8.3 If you require further information about your country’s taxes and duties you will need to contact your local customs office directly.

 

  1. Payment issues
    9.1 If, for any reason, there is a problem with collecting payment from your credit / debit card or other chosen payment method after we have confirmed receipt of your order, we will not be obliged to dispatch your order.
    9.2 Additionally, on some occasions, we may be unable to process an order. This may be due to: the item being out of stock or no longer available, your payment being declined, our identification of a pricing error or product description error or an unspecified technical error. If you are sure you are using a valid form of payment, please try again or use a different payment method.

 

  1. Delivery
    10.1 Delivery times should be used as a guide only as they are based on estimates provided by Australia Post. Due to circumstances beyond our control, it may take longer for your parcel to reach you during busy periods.
    10.2 If there are any problems with your order, we will contact you with regards to the issue as soon as possible but we do not accept any liability for failure to deliver for reasons beyond our control nor do we accept any liability for delays in delivery. 
    10.3 Please refer to our Shipping Policy for further details.

 

  1. Returns
    11.1 We are unable to accept returns for a refund on items for incorrect choice, fit or change of mind. An exchange or credit not may be offered should you change your mind within fourteen (14) days of receiving your purchase in the same condition in which they were delivered along with the original packaging.
    11.2 To arrange a return please contact our customer care team customercare@kismetbymilka.com.au. No returns will be accepted unless they approval has been granted by the customer care team.
    11.3 You shall be liable for delivery costs on all returned products except in relation to faulty goods.
    a) Our customer care team will post you a pre-paid satchel to return any faulty goods.

 

  1. Items which cannot be returned
    12.1 Due to hygiene reasons we are unable to accept returns for earrings. 
    12.2 We are unable to accept returns for customised orders.
    12.3 This does not however affect your statutory rights in relation to such items if they are faulty or damaged when you receive them.

  

  1. Gift Cards
    13.1 Gift cards are non-refundable.
    13.2 Gift cards cannot be replaced if lost.

 

  1. Limitation of liability & Warranty
    14.1 We acknowledge that provisions in the Competition and Consumer Act 2010 (Cth) (as amended) and other statutes from time to time imply or impose statutory guarantees, conditions or warranties into contracts for the supply of services which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent (Non Excludable Terms). Nothing in these Terms is intended to exclude or restrict the application of the Non Excludable Terms. Other than the Non Excludable Terms, we hereby exclude all conditions, warranties, guarantees, terms and obligations expressed or implied by law in connection with these Terms, or any information and services provided under them.
    14.2 We are not liable to you or any other person for any loss or claim of any kind in connection with these Terms, or any information and services provided under them, except to the extent caused directly by our negligence or wilful misconduct.
    14.3 If any Non Excludable Terms apply, then to the extent to which we are entitled to do so, our liability under those Non Excludable Terms will be limited at our option to:
    a) the replacement of the goods or the supply of equivalent goods; or
    b) the repair of the goods; or
    c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    d) the payment of the cost of having the goods repaired.
    14.4 To the extent permitted by law, we will be under no liability to you or any third party in any circumstances for any indirect, special or consequential loss or damage, including but not limited to loss of revenue or loss of profit howsoever arising and whether in an action in contract, tort, in equity, under statute, or on any other basis.
    14.5 Notwithstanding anything to the contrary contained in these Terms, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the products. 
    14.6 Notwithstanding anything to the contrary contained in these Terms, we warrant that the goods are free from defects in workmanship and materials for a period of 12 months from the date of purchase. Subject to clause 14.7, if the product fails to operate for any reason within the warranty period and the product is returned to us at the buyer's expense, we will repair or replace the goods free of charge subject to clause 11.
    14.7 The warranty referred to in clause 14.6 is subject to the following:
    a) the product must be returned to the us with proof of purchase;
    b) the product must not have had its serial number removed, defaced or changed, its casing open, its power cord altered nor have been tampered with in any other way; and
    c) failure of the product must not be due to misuse, or other abuse or misuse.

 

  1. Indemnity
    15.1 To the extent permitted by law, you agree to indemnify us against any claim, loss, liability or damage, costs, charges and expenses (including our legal costs on a solicitor/ own client basis) suffered or incurred by us which arise directly or indirectly in relation to your use of the Site or associated services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth in these Terms.

 

  1. Notice
    You agree to promptly inform us of any breach by you of these Terms and of any conduct of any other person which you think may be a breach of these Terms, whether the conduct has ceased, is continuing, or may occur in the future.

 

  1. Termination
    We reserve the right, in our sole discretion, to terminate these Terms.

 

  1. Intellectual property
    18.1 You must not infringe any intellectual property rights owned by Kismet by Milka, or the intellectual property rights of any third party. You agree to indemnify Kismet by Milka against any action taken by a third party against it in respect of any such infringement. 
    18.2 All material on this Site is subject to copyright and should not be reproduced without our prior written permission. All rights reserved.

  

  1. General
    19.1 These Terms are made in and governed by the laws of Victoria, Australia. Any dispute arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts of Victoria, Australia.
    19.2 The failure by us to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such a right or provision.
    19.3 Should any part of these Terms and disclaimers be held to be void or unlawful, such part is to be read and enforced as if the void or unlawful part had been deleted.
    19.4 Unless otherwise specified, this agreement constitutes the entire agreement between the customer and Kismet by Milka with respect to the Site or the products offered on the Site.

 

If you have any questions about our Site or the Terms, please contact us at customercare@kismetbymilka.com.au.