KINGS & QUEENS SOFT GOODS PROPRIETARY LIMITED
CUSTOMER TERMS AND CONDITIONS
Our Disclosures: Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
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Introduction
(a) This website (Site) is operated by Kings & Queens Soft Goods Proprietary Limited (ABN: 16 616 321 558) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.
(b) Our customer care team is small but dedicated to providing you with great style advice, customer care, product information and any other assistance you might need. Please email us at info@kingsandqueenshome.com. We will do our best to respond within 24 hours, during business hours Monday - Friday AEST. If you’re based outside of Australia, please note our customer service team is based in Sydney, Australia and will respond during the Australian business day. During sale times, we may take a little longer than 24 hours to get back to you.
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Use of Site
(a) You accept these Terms by placing an order via the Site.
(b) By accepting these Terms, you agree that:
i. if you provide your email address, you will automatically subscribe to our newsletter, which provides you with our offers, promotions and partnerships; and
ii. if you provide your mobile phone number, you will automatically subscribe to SMS messages, which provides you with details on our offers, promotions and partnerships.
You may unsubscribe from email or SMS notifications at any time by using the opt out option. All personal information that you give to us will be treated in accordance with our Privacy Policy.
(c) You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.
(d) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
i. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
ii. using the Site to defame, harass, threaten, menace or offend any person;
iii. using the Site for unlawful purposes;
iv. interfering with any user of the Site;
v. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
vi. using the Site to send unsolicited electronic messages;
vii. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
facilitating or assisting a third party to do any of the above acts.
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Accounts
(a) You may purchase products from us without an account or you may choose to create an account with us which allows you to have a more personalised or enhanced customer experience, including the ability to review your order history, or save products to your wish list.
(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date.
(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
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Orders
(a) You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
(c) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email. We will also send you an email once the products have been dispatched by us.
(e) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
(f) You may choose to place your order on backorder. If you choose to place your order on backorder, you will be charged at the time you place your order and we will contact you once the products are available for dispatch. We will usually dispatch orders within 2-3 days of stock becoming available. If there are any unprecedent delays, we will notify you via email and give you the option of cancelling your order (provided we have not dispatched your order) and we will process a refund for your order.
(g) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
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Price and payments
(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
You must pay the Price upfront using one of the methods set out on the Site, currently Visa, MasterCard, American Express, PayPal, Apple Pay, Afterpay, Zip and Klarna. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions of the third party provider. Please review the third party provider’s terms and conditions prior to making a purchase through the third party provider.You agree that your chosen third-party provider may charge additional exchange rate costs and fees, and you will be responsible for paying these fees.
(b) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(c) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
(d) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price. We will not be responsible for paying any custom charges or taxes that may be payable by you for delivery outside of Australia.
(e) We may from time to time issue promotional offers for certain products on the Site. The conditions of use relating to promotional offers will be set out on the Site. In addition to the conditions of use relating to promotional offers set out on the Site, the following terms and conditions will apply to all promotional offers.
Promotional offers are:
i. non-transferable;
ii. cannot be redeemed for cash;
iii. cannot be used in conjunction with other promotional offers, unless specifically stated;
iv. only accepted when entered into your shopping cart at check-out;
v. not to apply to taxes, shipping or delivery costs or other fees;
vi. single use and cannot be used more than on one occasion, unless specifically stated;
vii. subject to the availability of the products;
viii. to be allocated proportionally among all qualifying items, unless specifically stated; and
ix. subject to a start and end time, which will be published at the local Australian Eastern Standard Time (AEST).
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Gift Cards
(a) You may purchase a gift card on the Site. Gift cards can only be redeemed for products on the Site.
(b) When you purchase a gift card, details of the gift card will be sent to your chosen recipient by email. If you select ‘send at a later date,’ you note that the details of the gift card will be sent on the nominated date.
(c) The gift card will include a unique code which will be required to redeem the gift card. The unique code on a gift card should be treated as cash and cannot be replaced if lost or stolen. We are not responsible if a third party uses your gift card’s unique code.
(d) Our gift cards expire 3 years from the date of purchase. It is your responsibility to keep track of the expiration date. We will not send you any reminders of when your gift card will expire. Any unused credit will expire on the expiration date, and cannot be redeemed after this date. If you are purchasing a gift card for another person, you should ensure that they are aware of these Terms, and the relevant expiry date of the gift card.
(e) You can redeem your gift card by heading to your shopping cart on the Site and entering the unique gift card code when prompted at checkout.
(f) If the amount of your gift card does not cover the total price for the items you wish to purchase, you will need to pay the remainder of the purchase with another payment method.
(g) If a purchase made using a gift card is cancelled or returned, the portion of the purchase attributable to the gift card will be refunded as credit to use on our Site only.
(h) Any unused balance will remain as credit on the gift card until the expiry date, and is not transferable for a cash payment.
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Delivery, title and risk
(a) If possible we will deliver the products to the delivery address you provide when making your order. We deliver worldwide (unless our delivery company does not deliver to your area).
(b) Delivery costs, if applicable, are to be paid in addition to the Price. Any delivery periods displayed here are estimates only and based on the information provided by the delivery company.
Our delivery costs are as follows:
i. Australia
Standard delivery – free. Metro: 1-5 business days. Regional: 4-6 business days.
Express delivery - $7.00. Metro: 1-2 days (order by 12pm AEST, Mon – Fri). Regional: 2-3 days.
ii. Rest of the World
Standard delivery - $30.00.
Express delivery - $40.00.
(c) We normally dispatch orders received before 12pm AEST Mon-Fri within the same day, or otherwise within 24 hours of receiving an order.
(d) If you need to change the delivery day or delivery address, please notify us immediately in writing.
(e) We deliver the products using a range of delivery methods. You will be required to sign for deliveries. If neither you nor your authorised representative is at the delivery address to sign for acceptance of the delivery, you may agree for us to leave the products at your premises, at your own risk.
(f) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
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Returns & Exchanges
(a) Please contact us if you wish to return or exchange a product for change of mind.
(b) We offer exchanges or refunds of products for change of mind if the following criteria is met:
i. you have provided the proof of purchase and you purchased the products within 30 days prior to the request for an exchange or refund;
ii. the products are in their original condition and have not been used (including slept in), worn, damaged, tampered with, washed or altered;
iii. the products are in their original undamaged packaging with all product tags still intact;
iv. the products are not sale items, custom-made, special buy products or gift vouchers; and
v. a return and exchanges form has been completed and a return authorisation number issued to you.
(c) Once you have completed a return and exchanges form, we will send you an email with detailed instructions and return shipping details, including in relation to repackaging the products and the method of delivery to be used. You will be required to send the product via a traceable delivery method within 5 days of receiving our email. We recommend that you mark the item as “returned goods” so as to avoid potential customs duties and taxes being incurred.
(d) Once we receive the returned product and it meets the conditions set out in clause 8(a), we will either provide a refund (through your original form of payment), provide a store credit valid for 12 months or provide you with the exchange product. We normally process refunds and exchanges within 5 business days of receiving the product, however your banking institution may require additional days to process the transaction. We may reject returned products if it does not the conditions set out in clause 8(a), in which case the products will be returned to you at your cost.
(e) Except for international change of mind returns, we will cover the costs of re-delivery (in the case of an exchange).
(f) For international change of mind returns, you are required to pay for all delivery costs (in the case of an exchange).
(g) You may have rights under the Australian Consumer Law (see below) in addition to this clause.
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Warranty against defects
(a) In Australia, our goods come with guarantees which cannot be excluded 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.
(b) In addition to any other rights you may have under the Australian Consumer Law we warrant to you that the product we supply to you will be free from defects for 1 year (Warranty).
(c) What is a defect? Our Warranty applies to any fault, error or defects in the products (Defect).
(d) What do you need to do to claim the Warranty? Within 1 year after the delivery of the products, you believe you have a product the subject of a Defect you must cease using the product and contact us in writing along with a photo and description of the Defect. If we ask you to, you must return to us the defective products, together with all packaging, documentation and proof of purchase to the contact details set out below.
(e) Where you return a product as part of Defect claim you will need to cover any associated costs of you returning the products to us and where we find the product is covered by our Defect we will refund the associated costs of you returning the product to us.
(f) When we receive the products you return, we will assess the alleged Defect and make a determination as to whether the claim is valid under our Warranty.
(g) What will we do if you make a successful claim under our Warranty? We will, at our own cost:
i. repair or replace the product (the decision of whether to repair or replace is at our sole discretion); or
ii. if we are unable to repair or replace the product, we will offer you a choice of a credit, refund or compensation as applicable to the Defect.
(h) Damage Not covered by our Warranty The following damage is not covered by our Warranty:
i. fair wear and tear in the normal use of the product; and
ii. misuse of the products, including not maintaining the products in accordance with any relevant care instructions.
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Intellectual Property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
(d) You must not, without our prior written consent:
i. copy, in whole or in part, any of Our Intellectual Property
ii. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or iii. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
i. you do not assert that you are the owner of Our Intellectual Property;
ii. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
iii. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
iv. you comply with all other terms of these Terms.
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Content you upload
(a) We encourage you to interact with the Site and with us on social media! This section will apply to your interaction with our Site and social media, as well as to any individuals or partnerships with whom we undertake co-promotions, influencer arrangements or brand partnerships.
(b) We encourage you to post, upload, publish, submit or transmit content, on the Site and on our various social media channels (User Content). You may do so by commenting, posting or interacting with online content (such as clicking “like”) on our social media channels or User Content on social media using specific hashtags (#) (Tag) on your social media pages. These Tags, alongside your name or your social media handle, any comments, posts or other online interaction, will be considered “User Content”.
(c) If you make any User Content available on or through the Site, including on social media (such as a Tag, comment or post, including your name or your social media handle), you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of:
i. the Site and our social media platforms, including for promotional and/or commercial purposes such as in marketing or advertising materials for our products; and
ii. In any print media or retail locations where we may stock our products.
(d) You agree that our use of the User Content in accordance with these Terms will be at no compensation or notice to you. You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media. You represent and warrant that:
i. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
ii. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(e) We may from time to time review or monitor User Content, but will have no obligation to do so. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove, delete or destroy any User Content for any reason and without prior notification to you.
(f) To the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any liability that we may suffer, incur or otherwise become liable for, arising from or in connection with any claim by a person that any of your User Content infringes the intellectual property rights of any person.
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Customer Reviews
(a) You may review the products on the Site (Review).
(b) Reviews can be viewed publicly and will remain viewable unless removed by us (which we may do upon your reasonable request).
(c) You agree to provide true, fair and accurate information in your Review.
(d) You may only write a Review about your own experience. You are not permitted to write a Review about somebody else’s experience, such as that of a family member or friend.
(e) We do not undertake to review each Review, however we reserve the right to remove or ban a Review if it is untrue, unfair, inaccurate, offensive or inappropriate. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) We may use your Review on our Site or any other materials, including email or promotional and advertising materials, and you authorise us to do so in accordance with the User Content clause above.
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Australian Consumer Law
(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(b) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
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Limitations
(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
(b) Despite anything to the contrary, to the maximum extent permitted by law:
i. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
ii. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
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General
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(e) Entire agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(g) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
For any questions or notices, please contact us at:
Kings & Queens Soft Goods Proprietary Limited ABN 16 616 321 558
Email: info@kingsandqueenshome.com
Last update: 12 January 2022