1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions, unless the context otherwise requires:

(a) “Australian Consumer Law” means the Competition and Consumer Act 2010 (Cth) and any other Acts, bylaws, regulations and laws applicable in the State or Territory in which the Goods are sold.

(b) “You” or "your" means the person, firm or company purchasing the Goods.

(c) “We” or “us” means Koko & Hudson.

(d) “Order” means an order placed with us for the supply of Goods.   

(e) “Goods” means the goods supplied by us pursuant to any order accepted by us.

(f) “Price” means the price for the Goods ordered as agreed between us and you pursuant to these Terms and Conditions.

(g) “Privacy Act” means the Privacy Act 1988 (Cth).

(h) “Delivery Fee” means the fee charged by in addition to the Price of the goods

(i) "Cart" means the temporary record of items you have selected for eventual purchase from the vendor's website

(j) "Vendor" referring to us Koko & Hudson. 

1.2 These Terms and Conditions are to be interpreted according to the following:

(a) These Terms and Conditions must be interpreted so that they comply with the Australian Consumer Law. If any provision in these terms and conditions does not comply with any law, then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, then it must be severed from the rest of the terms and conditions.

(b) If you are more than one person, then these terms and conditions will bind them jointly and each of them separately.

1.3 Upon acceptance of these Terms and Conditions, these Terms and Conditions will constitute the entire agreement (“Agreement”) between us and you. Any changes to this Agreement must be in writing.

2. PRICE, DELIVERY FEE AND PAYMENT

2.1 The Price will be as indicated on:

(a) total cost of the cart at checkout; or

(b) invoices provided by us to you in respect of Goods supplied; or

2.2 We may amend the quoted Price to take into account the following:

(a) correction of any errors or any omission made by us; or

(b) any GST or government or statutory charges, taxes and duties which may become applicable after the Price is quoted.

2.3 Payment (including Delivery Fee if applicable) must be made in full and cleared no less than 3 days prior to delivery.

2.4 Any verbal quotations are subject to written confirmation 

2.5 Cheques are not accepted and a surcharge of 1% of the Price will apply if the Payment is made by credit card.

2.6 We may, in our absolute discretion, refuse to deliver the Goods if payment is not made in full in accordance with the terms of payment.

3. DELIVERY

3.1 Goods are not available for collection from our distribution centres 

3.2 Goods will be dispatched for delivery once full payment is received.

3.3 We will select a carrier to deliver the Goods to the address nominated by you in accordance with the provisions in this clause.

3.4 In addition to the Price, you must also pay the Delivery Fee. Additional Delivery Fee will apply if you fail to take delivery at the nominated address at the first instance.

3.5 The Delivery Fee is for delivery to the street address. However we or the carrier may, at your request, place the Goods within your premises at no extra charge.

3.6 You must ensure access by us or the carrier to the premises and neither we nor the carrier will be liable for any additional costs or damage incurred as a result of inadequate access to the premises.

3.7 We will not be liable for any incorrect addresses made by you.

3.8 We will not be liable for any incurred delivery fees if you have failed to receive your goods at the nominated address at the nominate time and day. 

4. RISK AND TITLE

4.1 Risk in the Goods passes to you:

(a) when the Goods are collected by a carrier authorised to collect the Goods; or

(b) on delivery to the street address nominated by you (if we are appointed by you to deliver the Goods).

4.2 The property and title in the Goods will not pass to you until payment required under this Agreement is paid in full.

4.3 While the property and the title in the Goods remains with us and until such time it passes to you, you must not:

(a) charge or encumber the Goods in anyway;

(b) grant or otherwise give any interest in the Goods to a third party;

(c) convert the Goods and, if so converted, we will be the owner of the end Goods; and

(d) sell or dispose of the Goods and, if so sold or disposed of, you will hold any proceeds of the sale or disposal on trust for us until you have paid for the Goods in full.

5. RETURNS

5.1 The Goods may be returned to us for exchange or refund within 7 days of purchase, unless otherwise stated, provided that:

(a) proof of purchase is presented;

(b) the Goods are received by us in a re-saleable condition; and

(c) they are not sale items, in this instance we can refuse a refund on the grounds of change of mind.

5.2 You must choose the Goods carefully before placing an Order as clearance and sale items are non-returnable and are subject to limited warranty as per clause 6.3.

5.3 Exchanges, refunds and credit notes will be for the original Price of the Goods only. Shipping, handling, and insurance costs are non-refundable.

5.4 You assume all risk of the Goods and are responsible for delivery costs associated with returning the Goods to us.

5.5 Returned Goods will be subject to a 20% handling and administration charge.

6. WARRANTY

6.1 We warrant to you that all Goods manufactured or supplied by us will be free from defects in material and workmanship subject to terms and conditions of this Warranty.

6.2 The period of this Warranty is 3 months from the date of purchase for all Goods (“Warranty Period”) for normal use and service. However some Goods come with a 12 month warranty and some goods an extended Manufacturer’s warranty longer than our standard Warranty Period. We will provide you with the details of any extended warranty separately.

6.3 This warranty does not apply to Goods purchased as clearance and/or sale items with pre-existing defects. You must inspect clearance and sale items carefully before purchase, as these Goods are accepted as being purchased “as is”.

6.4 We will repair or replace, at our option, any Goods that are defective by reason of faulty workmanship or defective materials. Some replacement parts may be subject to availability, and may differ from those originally supplied. In this instance, replacement parts will be of a comparable nature, with functionality equivalent to the original part. Repaired or replaced Goods or parts carry only the unexpired portion of the original Warranty Period.

6.6 Goods used for purposes other than residential purposes are not covered by this Warranty. The Warranty is also not transferable to anyone other than you. In addition, this Warranty does not cover:

(a) normal wear and tear; and

(b) anything that is a result of a natural characteristic of the material used; and

(c) damage or defect caused by abuse, alteration, misuse, incorrect assembly, incorrect installation, storage or inappropriate handling; and

(d) all plumbing and electrical products which are not installed by a qualified tradesperson; and

(e) all defects caused as a result of your failure to follow the care instructions which are included with the Goods.

6.7 If the Goods you purchased exhibit a defect covered by this Warranty within the Warranty Period, you must contact us at hello@kokoandhudson.com.au. You must produce the original purchase receipt as proof of purchase for all claims under this Warranty. If the original proof of purchase cannot be provided, we may accept alternative proof of purchase at our discretion.

6.8  We will inspect the Goods claimed by you to be defective to determine its condition and our liability under this Warranty.

6.9 All repair or replacement parts and/or Goods will be at our expense, but you will be liable for all other expenses, including but not limited to, cost of removal, transportation, reinstallation, communication and any special service requested by you such as labor.

6.10 The benefits to you given by this Warranty are in addition to other rights and remedies you may have under a law in relation to the Goods to which this Warranty relates. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.

7. OUR LIABILITIES

7.1 Upon delivery of Goods you must inspect the Goods and notify us in writing within 7 days of delivery of any faults, defects, damages or inconsistency with the quantity, quality, description or quotation in respect of the Goods delivered. If you fail to comply with this clause the Goods will be deemed to be free of any defect and you are deemed to have waived any right of claim in respect of the Goods under this clause.

7.2 We will not be liable for:

(a) any costs or losses suffered by you including any consequential loss, damages or loss of profit as a result of any defects in the Goods or any failure, malfunction, breakdown or deterioration of the Goods;

(b) due to a cancellation of an Order by us or any delay in or failure of delivering the Goods; and

(c) any change in the law that becomes effective after the Order is placed, which may affect the Goods supplied.

7.3 In any event Koko & Hudson’s liability will be limited to damages to the Goods and the Price of the Goods.

7.4 Save and except for the express terms, conditions and warranties contained in this Agreement all other terms, conditions and warranties expressed or implied by statute, the common law, equity or otherwise howsoever are expressly excluded provided that nothing in this Agreement is intended to exclude or limit our liability or your rights and remedies for any breach of a term or condition implied by the Australian Consumer Law, the exclusion or limitation of which is not permitted by law.

8. YOUR REPRESENTATION AND ACKNOWLEDGEMENT

8.1 You are not entitled to repudiate, rescind or cancel this Agreement due to, sue for damages or claim restitution arising out of:

(a) any delay by us in delivering the Goods howsoever caused; and

(b) any misrepresentation, undertaking or promise made to you by any of our servants or agents or any person purporting to act on our behalf.

8.2 You acknowledge that you buy the Goods relying solely upon your own skill and judgement and that we are in no way bound by or responsible for any term, condition, representation or warranty other than those contained in this Agreement.

9. FORCE MAJEURE (UNFORSEEABLE CIRCUMSTANCES)

9.1 We will not be liable for failing to comply with our obligations under this Agreement due to any act of God, war, terrorism, strike, lock out,, lock down industrial action, fire, flood, drought, storm, COVID-19 related cause or other event beyond our reasonable control.

10. PRIVACY

10.1 All information supplied to us by you will be maintained by us in accordance with its obligation under the Privacy Act. Please refer to https://kokoandhudson.com.au/policies/privacy-policy  for further details.

11. AVAILABILITY OF PRODUCTS

11.1 Due to popularity or interruption of supply, some items may be unavailable or out of stock for purchase online. We reserve the right to make changes to stock at any time and without notice.

12. CURRENT FINANCE OPTIONS

12.1 Afterpay is currenty unavailable as an online finance option, we are currently working with Afterpay to change this. In the event this has been changed, and you have selected to pay via Afterpay, the amount financed will be subject to each individuals personal circumstances and Koko & Hudson will hold no responsibility over this.

12.2 ZipMoney is a payment option available as a flexible payment option for Koko & Hudson customers on online, the amount financed with depend on each individual personal circumstances, and Koko & Hudson will hold no responsibility over this.

 

Terms of Service Continued

OVERVIEW
This website is operated by Koko and Hudson. Throughout the site, the terms “we”, “us” and “our” refer to Koko and Hudson. Koko and Hudson offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Koko and Hudson, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Koko and Hudson and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@kokoandhudson.com.au.

12.3 This maybe subject to change at the descretion of Koko & Hudson without notice.

 

 

The cookie settings on this website are set to 'allow all cookies' to give you the very best experience. Please click Accept Cookies to continue to use the site.
You have successfully subscribed!
ico-collapse
Recently Viewed
ic-cross-line-top
Top
ic-expand
ic-cross-line-top