Terms & Conditions | Kate Ford

General

1. The Kate Ford website and online store, located at kateford.com.au (Website), ­is owned, controlled and operated by Kate Ford Pty Ltd (ACN 642 340 609) (Kate Ford, We, Our, and/or Us).
2. As a condition of using and purchasing from the Website, you agree to the following terms and conditions (Terms) and to be legally bound thereby. If you do not agree with the Terms, you should not use the Website.
3. These Terms only apply to products bought via the Website. If you purchase Kate Ford products via another retailer, please contact them in relation to any queries you have in relation to your purchase, including returns.
4. We may vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.

 Ordering via the Online Store

5. By placing an order via the Website (Order), you are offering to purchase the products on and subject to these Terms. You agree that We have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the products. If we cancel an Order, we will provide a full refund of all monies paid to us in relation to the cancelled Order.
6. An Order confirmation will be sent to you in acknowledgement of receipt of your Order, which document supersedes all prior correspondence in relation to the Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with Our approval.
7. Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change pricing at Our discretion and without notice. Unless otherwise stated, all prices are in Australian Dollars. GST is added to the order total for all shipments within Australia.
8. To purchase products via the online store, We accept the following payment methods:
   • Credit Card: Visa, MasterCard, American Express;
   • AfterPay;
   • PayPal;
   • Shop Pay;
   • Apple Pay; and
   • Google Pay.

We use Shopify, a third party payment processor, to process all credit card payments and do not collect or record any credit card details provided by you when making purchases via the Website. We are not responsible for any credit card fees or surcharges that your bank may charge.

9. We aim to process and ship Orders within 1 business day of the Order being placed, however during sale periods please allow 1-2 business days to be processed and shipped. Any date or period of time given by Us in relation to the processing and shipping of an order is intended as an estimate only and may be subject to change. You agree that We are not responsible for any loss suffered by You where an Order is not processed or delivered within the estimate time frame. We will notify You via email if there are any processing or delivery delays in relation to your Order.
10. Orders are packed within a secure bag mailer and sent to You using Australia Post or DHL express domestic and/or international. Once an Order is dispatched, We will send You a confirmation email with tracking information.
11. Upon delivery of an Order to the nominated delivery address, all risk of loss or damage to products passes to you and you agree that we will not be liable for loss or damage to the products thereafter.

International Shipping

12. If you are an international customer, your order will be shipped to you on a ‘delivered at place’ (DAP) basis. This means that you may be charged additional fees when your order lands in your home country. These types of charges vary from country to country and depend on the pricing of your Order.  We are not necessarily privy to what International Shipping Charges may apply in your home country.  You agree that we are not responsible for facilitating payment of any applicable International Shipping Charges and that you are solely responsible for payment of these charges.

Australian Consumer Law

13. Our goods and services come with Consumer Guarantees under the Australian Consumer Law, which cannot be excluded by these Terms. Nothing in these Terms shall override your rights as a consumer or otherwise at law.

Risk

14. Title in the products comprising an Order/s is retained by Us and will not pass to you until full payment in cleared funds is received by Us.
15. To the extent permitted by law, all risk of loss or damage to the product/s passes to you when the Order is delivered to you at your nominated delivery address.

Returns

16. We are sure that you will love our products as much as we do! However, and subject always to clause 11 of these Terms and your rights under the Australian Consumer Law (if applicable), we will only accept your return during the 15 day returns period, otherwise agreed in writing.
17. If you change your mind about a product you have ordered, or the sizing is incorrect, we will provide you with a store credit only unless we advise that the product cannot be returned due to hygiene reasons. Return requests must be made in writing via our standard returns document (which can be downloaded via the Website) (Return Note) and sent to us within 15 days of receiving an Order via email to returns@kateford.com.au with the following information:
    • customer name;
    • date of purchase;
    • order number;
    • product/s being returned;
    • reason for return; and
    • outcome requested
18. When returning a product under clause 17, you agree unless required by law:
    • That you may only return the product once you have received confirmation from us that we have received and approved your Return Note;
    • that You are responsible for paying return shipping costs (only shipping costs for faulty/incorrect items will be paid by Us);
    • to return the product/s in the original packaging with tag, with a copy of the completed Return Note; and
    • if they apply, You may be required to pay the International Shipping Charges again.
19. If you believe your product is faulty or was different to the product you purchased, please contact us. Return requests should be sent to returns@kateford.com.au with the following information:
    • customer name;
    • date of purchase;
    • order number;
    • product/s being returned;
    • reason for return; and
    • outcome requested (which may include full refund, requesting a replacement, repair or store credit)
20. Where a product is returned under clause 19 and the product is faulty, You are entitled to a full refund and We are responsible for paying:
    • return shipping costs; and
    • any applicable International Shipping Charges.
21. Where a product is returned under clause 19 and the product is not the product ordered, we will send you the correct order and We are responsible for paying:
    • return shipping costs; and
    • any applicable International Shipping Charges.
22. All sale, promotion (including discount codes) and re-cut orders are final sale – no refunds, exchanges or store credits unless faulty or otherwise required by law.

Privacy Statement

23. We value and are committed to the protection and transparent management of your personal information.
24. So that we can fulfil your Order/s, We will need to collect certain personal information from you via the Website. We may also collect personal information from You via our social media accounts.
25. We agree to take reasonable steps to protect your personal information submitted to us via the Website or our social media accounts in accordance with clauses 26, 27 and 28 of these Terms.
26. We use personal information that we collect from you via the Website (or our social media accounts) as follows:
    • to process returns; and
    • to provide personalised customer service support.

Please note that this is not an exhaustive list.

27. All information that We collect from You via the Website and our social media accounts is used strictly for the purposes of identifying your Order/s, providing you with applicable direct marketing information regarding our goods and services and personalising your shopping experience with Us.
28. We may share your personal information with our advertising partners for the sole purpose of understanding your interests and preferences so that we can deliver more relevant advertisements and promotional messages to you.
29. We use cookies to allow you to login to your account and add items to your shopping cart for purchase. Cookies enable us to provide you with a more personalised shopping experience by displaying products that interest you.

Intellectual Property

30. KATE FORD is a trade mark of Kate Ford Pty Ltd. Other product and company names displayed on the Website may also be trade marks of their respective owners.
31. We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content). You may download, view, copy and print any Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited.
32. While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose.

Third Party Links

33. The Website may include links to third party websites, over which We have no control. Such links do not indicate, expressly or impliedly, any endorsement by Us of the third party website or the products and services provided thereon. You agree that We are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

Limitation of Liability

34. Subject always to clause 12 of these Terms, and without overriding any Consumer Guarantees, and to only to the extent permitted by law, Kate Ford:
    • does not make any representations, warranties or guarantees in relation to the supply of goods and services by Kate Ford via the Website; and
    • hereby disclaims all liability in connection with any loss and/or damage arising out of or in connection with any use of, or reliance on, the Website.

Indemnity

35. You agree to indemnify and hold Kate Ford (and its officers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by you due to or arising out of, or in any way, connected to you breaching the Terms.

Governing Law

36. The Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia and Australian Capital Territory, Australia and you agree that the courts of the State of New South Wales, Australia and Australian Capital Territory shall exclusively adjudicate over any dispute in relation to these Terms.
37. This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.