Terms & Conditions
1. Introduction
Welcome to Kiki! These Terms and Conditions outline the rules and regulations for the use of Kiki's website and services. By accessing and using this website, we assume you accept these terms and conditions in full. Do not continue to use Kiki's website if you do not accept all of the terms and conditions stated on this page.
Please note that Kiki is intended for adults and we do not sell products for purchase by children. If you are under the legal age in your jurisdiction, you may use Kiki only with involvement of a parent or guardian.
By agreeing to these Terms and Conditions, 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.
We reserve the right to update, change or replace any part of these Terms and Conditions 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.
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy to understand our practices.
If you have any questions about these Terms and Conditions, please contact us at support@kiki.net.au.
2. Eligibility and Account Terms
To access and use the services provided by Kiki, you need to:
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Be at least 18 years old or the age of majority in your jurisdiction, whichever is greater. Our services are not designed or intended to attract individuals under the age of 18. If you are under 18 or the applicable age of majority, you are not permitted to use Kiki's website or provide personal information to us.
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Provide your full legal name, a valid email address, and any other information requested in order to complete the sign-up process.
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Have a valid payment method.
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Be capable of entering into a legally binding contract.
By creating an account on our website, you agree to:
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Be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device.
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Accept responsibility for all activities that occur under your account or password.
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Promptly update all information to keep your account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password).
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Not share your account information, or allow others access to your account; you are fully responsible for all activities that occur under your account, including for any actions taken by persons to whom you have granted access to the account.
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Comply with all local laws regarding online conduct and acceptable content.
Violation of any of these agreements will result in the termination of your account. We reserve the right to refuse service to anyone for any reason at any time.
If you have any concerns or need assistance with your account, please contact us at support@kiki.net.au.
3. Online Store and E-Commerce
Store Access:
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Our online store is hosted on Wix.com, which allows us to sell our products to you. By accessing our store, you agree to comply with all laws applicable to e-commerce and online transactions.
Product Display and Information:
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We strive to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
Pricing:
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All prices are displayed in Australian dollars. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. The amount charged for a product or service will be the price in effect at the time the order is placed.
Payment:
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We accept various forms of payment including credit and debit cards, as well as PayPal. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Prohibited Activities:
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You are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
We reserve the right to refuse any order you place with us. 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.
For any queries or concerns related to our online store and e-commerce, please contact us at support@kiki.net.au.
4. Accuracy, Completeness, and Timeliness of Information
General:
While we strive to ensure that the information on our website is accurate, complete, and up-to-date, we cannot guarantee and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the information on our website.
Dependence on Information:
The information provided on our website should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information.
Historical Information:
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Any reliance upon the material on this website will be at your own risk. This site may contain certain historical information which is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site.
Errors in Information:
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We are not responsible if information made available on this site is not accurate, complete or current. 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.
Corrections:
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In case of any errors related to the pricing or specifications of any product or service, Kiki reserves 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).
Product or Service Information:
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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.
For any queries or concerns related to the accuracy, completeness, and timeliness of the information provided on our website, please contact us at support@kiki.net.au.
5. Products and Services
Availability:
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Kiki provides a range of products and services which are available for purchase online, subject to availability. We strive to keep our inventory up-to-date and to provide accurate stock information on our website. However, sometimes, certain products may be out of stock or discontinued without notice.
Descriptions and Images:
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We make 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 also strive to provide accurate and comprehensive product descriptions. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free.
Prices:
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All prices are listed in Australian dollars and include GST (Goods and services tax). We reserve the right to change the prices of our products or services at any time without notice.
Purchasing:
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When you purchase a product or service from Kiki, you are confirming that you are legally able to make the purchase, that you are over the age of 18, and that the information you provide to us in the process of the purchase is accurate, complete, and current.
Changes and Discontinuation:
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We reserve the right at any time to modify or discontinue a product or 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 a product or service.
Return Policy:
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We stand behind the quality of our products and services. If you are not satisfied with your purchase or have received a defective product, please refer to our Return Policy for information on returns and exchanges.
For any queries or concerns related to our products and services, please contact us at support@kiki.net.au.
6. Health and Safety Information
Usage Instructions:
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Each product sold by Kiki comes with usage instructions either on the packaging, within the packaging, or provided on the website. It is your responsibility to read, understand and follow these instructions carefully. Failure to adhere to the usage instructions can lead to product damage, personal injury or diminished effectiveness.
Health Recommendations:
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Products sold by Kiki are not intended to diagnose, treat, cure, or prevent any disease. They should not be used as a substitute for professional healthcare advice. Always seek the advice of a healthcare professional if you have any concerns about your health or specific health conditions.
Age Restriction:
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You must be at least 18 years of age to purchase any product from Kiki. By placing an order, you confirm that you are at least 18 years of age.
Allergies and Sensitivities:
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Some products may contain materials, ingredients or substances that may cause allergic reactions or sensitivities in certain individuals. If you have any known allergies or sensitivities, please review the product specifications and ingredients carefully before purchasing and using the product.
Disclaimers:
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Kiki assumes no responsibility for any harm or injury resulting from the sale, trade, use, and/or handling of any products purchased from us.
Product Warnings:
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Warnings related to the product are provided on the product packaging or on the website. You acknowledge that you have read and understood these warnings prior to using the product.
If you experience any adverse reactions or discomfort while using our products, discontinue use immediately and consult a healthcare professional. Always contact us at support@kiki.net.au if you have any questions or concerns related to health and safety information of our products.
7. Pricing and Payment
Prices:
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All prices listed on the Kiki website are in Australian dollars (AUD) and include any applicable taxes. Kiki reserves the right to change the prices of products and services at any time without prior notice. However, once an order is accepted, the price for that order remains unchanged.
Payment Methods:
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Kiki accepts several methods of payment including credit card, debit card, and PayPal. All payment transactions are securely processed via our third-party payment gateways (Stripe and PayPal). Kiki does not store any of your credit card or banking information on our servers.
Payment Verification:
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Kiki may require additional information or verification before accepting any order. If your order is cancelled due to a failure in payment verification, you will be notified.
Currency Conversion:
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All prices and transactions on the Kiki website are in Australian dollars. For international customers, your bank or credit card company may convert the charge into your local currency and charge you a conversion fee. The currency conversion rate and any fees applied are not controlled by Kiki and we are not responsible for any discrepancies in currency values or conversion rates that your bank or credit card company may use.
Order Confirmation:
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You will receive a confirmation email summarising your order once it has been processed. If you do not receive a confirmation email, please contact our customer service at support@kiki.net.au.
GST:
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Prices for the products displayed on Kiki include Goods and Services Tax (GST) where applicable.
Remember that your completion of the checkout process constitutes your agreement to pay for the products and services you order.
8. Billing and Account Information
Account Registration:
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In order to access some features of Kiki, you will have to create an account. When you create this account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Kiki immediately of any breach of security or unauthorized use of your account.
Accuracy of Billing Information:
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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.
Changes to Account Information:
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You can review and change your personal information by logging into the website and visiting your account profile page. You may also send us an email at support@kiki.net.au to request access to, correct, or delete any personal information that you have provided to us.
Account Suspension:
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Kiki reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Order Verification:
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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.
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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 we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
By creating an account with Kiki, you consent to receive communications from us electronically regarding your account, these terms and conditions, and more. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Kiki website and/or products or services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements.
9. Use of Website and Prohibited Activities
Permitted Use:
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You are granted a limited, non-exclusive, revocable authorization to access and use the Kiki website and digital content strictly in accordance with these terms.
Prohibited Use:
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You are prohibited from using the site or its content:
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(a) for any unlawful purpose;
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(b) to solicit others to perform or participate in any unlawful acts;
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(c) to violate any international, federal, or state regulations, rules, laws, or local ordinances;
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(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
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(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;
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(f) to submit false or misleading information;
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(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;
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(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
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(i) for any obscene or immoral purpose; or
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(j) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
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Termination of Use:
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We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses. We may also, in our sole discretion and at any time, discontinue providing the website, or any part thereof, with or without notice.
Reporting Abuse:
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If you notice any violation of these Terms and Conditions by other users, you should report such activity to us at support@kiki.net.au.
Intellectual Property Rights:
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All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kiki or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Kiki, with copyright authorship for this collection by Kiki, and protected by international copyright laws.
By using the website, you agree to abide by these rules and any other rules or restrictions posted on the website. You acknowledge that Kiki has the right, but not the obligation, to enforce these rules in its sole discretion, and these rules may change at any time.
10. User Submissions, Comments, and Feedback
User-Generated Content:
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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 grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us the right to use the name that you submit in connection with such content, if we choose.
Feedback and Reviews:
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When you provide us with feedback, reviews, or ratings, you grant us the right to use and share this feedback for any purpose without compensation to you. We may use such feedback to improve our products or services, or to review and discuss your feedback with our staff.
Content Standards:
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You represent and warrant that your comments will not violate any right of any third party, including copyright, trademark, privacy, 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 website. You may not use a false email 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.
Right to Remove or Modify
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Content: We reserve the right 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.
Indemnity:
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You agree to indemnify and hold harmless Kiki and its affiliates, directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the website, including but not limited to your violation of this agreement.
By providing your feedback, reviews, or ratings, you acknowledge and agree to these terms.
11. Third-Party Links and Tools
Third-Party Links:
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Our website may include links to other websites, services, or resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Third-Party Tools:
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Certain tools, devices, apps, and widgets may be available to you on our website that are provided by third parties. These tools are provided and operated by third parties and not by Kiki. We are not responsible for the operation or functionality of these third-party tools. Your use of these tools may be subject to the third party’s own terms of service, privacy policy, and other agreement, for which Kiki is not responsible. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.
No Endorsement:
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The inclusion of any third-party link does not imply an endorsement, guarantee, warranty, or recommendation by Kiki. We do not monitor or check the accuracy or completeness of third-party websites or tools.
Disputes with Third Parties:
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Any dealings you have with third parties found while using our services are between you and the third party, and you agree that Kiki is not liable for any loss or claim that you may have against any such third party.
Third-Party Content:
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The website may display content provided by third parties. Kiki does not control, endorse, or adopt any third-party content and makes no representation or warranties of any kind regarding the third-party content, including, without limitation, its accuracy or completeness. You acknowledge and agree that Kiki is not responsible or liable in any manner for any third-party content and undertakes no responsibility to update or review any third-party content.
By using our website, you agree to these terms concerning third-party links and tools.
12. Copyright and Intellectual Property
Ownership:
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All content present on this website including, but not limited to, logos, images, text, graphics, audio clips, digital downloads, data compilations, software, icons, and the compilation of all content on this website is the property of Kiki, its partners, or its content suppliers, and is protected by Australian and international copyright laws.
Protection:
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All necessary legal and administrative measures are taken to protect all types of intellectual and industrial rights belonging to Kiki and third parties. You agree not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of Kiki.
Restrictions:
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You may not modify, publish, transmit, participate in the transfer or sale, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of our website or the services we offer, in whole or in part without our prior written consent.
User Content:
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You may be able to create, post, share, or store content, including, but not limited to, photos, video, music, text, graphics, code, items, or other materials (collectively, "User Content") on or through the services we provide. You are solely responsible for your use of any User Content and use them at your own risk. By posting or publishing User Content, you represent and warrant to Kiki that you have all necessary rights to distribute User Content via our services.
Infringement Claims:
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If you believe that any content on our website violates your copyright, please contact us at support@kiki.net.au for instructions on sending us a notice of copyright infringement. It is the policy of Kiki to terminate the user accounts of repeat infringers.
By using our website, you acknowledge that you understand our intellectual property policy as set out in this clause.
13. Errors, Inaccuracies, and Omissions
Errors and Inaccuracies:
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Our goal is to provide complete, accurate, and up-to-date information on our website. However, it is possible that the website may contain errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the website or any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Notification:
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We will make every effort to present accurate information on our website. However, if errors are discovered, we will revise the information as quickly as possible and will ensure that all efforts are made to notify you of the error.
Liability:
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We do not guarantee that all graphics, photos, and descriptions of products or services will be accurate. If a product or service offered on our website is not as described, your sole remedy is to return it in unused condition.
No Obligation:
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Despite our best efforts, we are under no obligation to fulfill an order for a product that was incorrectly priced or inaccurately described.
By using our website, you acknowledge that you understand that information on our website may contain errors and inaccuracies and agree that we are not liable for any such errors and inaccuracies.
14. Warranty Disclaimer and Limitation of Liability
Warranty Disclaimer:
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All products and services sold by Kiki are, to the extent possible, of satisfactory quality, fit for purpose, and as described. Except for these affirmations and the warranties expressly stated in this Terms of Service or in the product description, Kiki disclaims all other warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by Kiki or its authorized representatives shall create a warranty unless it is expressly made a term of these Terms of Service.
Limitation of Liability:
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To the maximum extent permitted by law, Kiki, its directors, officers, employees, agents, suppliers, licensors, and affiliates, will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Kiki has been advised of the possibility of such damages), resulting from:
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(i) the use or the inability to use the service or any product purchased through the service;
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(ii) unauthorized access to or alteration of your transmissions or data;
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(iii) statements or conduct of any third party on the service; or
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(iv) any other matter relating to the service or any product sold through the service.
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Maximum Liability:
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Without prejudice to the foregoing, the maximum aggregate liability of Kiki, its directors, officers, employees, agents, suppliers, licensors, and affiliates, under these Terms of Service or otherwise in respect of the sale or proposed sale of any products or services, shall be limited to the price paid by you to Kiki for the relevant products or services.
By using our services, you agree that you understand the above warranty disclaimers and limitations of liability and that these disclaimers and limitations are reasonable.
15. Indemnification
You agree to indemnify, defend, and hold harmless Kiki, its directors, officers, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing the service using your Internet account.
This indemnity includes both any liability, cost, loss, and expense arising out of any claim or demand from a third party that your use of the website or the use of the website by any person using your account (including without limitation, your participation in the posting areas or your submissions) infringes that third party's intellectual property rights, rights of privacy or publicity rights, and any breaches of these Terms of Service by you.
This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.
16. Changes to the Service and Prices
Kiki reserves 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.
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.
All pricing is in Australian dollars and inclusive of GST unless otherwise stated. All transactions are processed in Australian dollars.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
Please note that any discounts or promotional offers may be subject to additional terms and conditions, which will be communicated during such promotions. We reserve the right to terminate any special offer without advance notice.
17. Termination
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, 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).
Upon termination, all provisions of this agreement which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately revoke any or all of your rights granted under these Terms and Conditions. In such event, you will immediately cease all access and use of the website.
18. Dispute Resolution and Governing Law
Any disputes relating to these Terms and Conditions or your use of our website or our services will be resolved through binding arbitration rather than in court. The Federal Arbitration Act and federal arbitration law will apply to any arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. It may also be more limited in terms of discovery than in court, and the arbitrator must follow the terms of these Terms and Conditions as a court would.
The arbitration will be conducted by the Australian Centre for International Commercial Arbitration (ACICA) under its rules, including the ACICA's Supplementary Procedures for Consumer-Related Disputes. The ACICA's rules are available at www.acica.org.au. Payment of all filing, administration, and arbitrator fees will be governed by the ACICA's rules.
Notwithstanding anything to the contrary, we each agree that if we make any change to this arbitration provision (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and will not be effective as to claims which arose prior to the date of termination.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia. You agree that any legal action or proceeding between us for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Australia.
19. Force Majeure
Kiki shall not be held responsible for any failure or delay in fulfilling or performing any terms of these Terms and Conditions when such failure or delay is due to circumstances beyond our reasonable control, including without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
In the event of a force majeure, we are excused from any further performance or observance of the obligations which are affected for as long as such circumstances continue and we are not negligent. We may, during the period of a force majeure, elect to terminate your access to the Website or fulfilment of your order or delay the fulfilment of your order without any liability to you.
20. Severability
In the event that any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision or part of the provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions.
Such determination shall not affect the validity and enforceability of any other remaining provisions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision. If any provision of the Terms and Conditions is found to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
21. Waiver
The failure of Kiki to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Kiki.
No waiver by Kiki of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any failure by us to insist upon or enforce strict performance of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
22. Entire Agreement
These Terms and Conditions, along with Kiki's Privacy Policy, constitute the entire agreement between you and Kiki with respect to your use of the website, superseding any prior agreements between you and Kiki regarding your use of the website. The only exception to this is if you and Kiki have signed a separate formal written agreement.
The Terms and Conditions and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kiki without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If any part of the Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Failure of Kiki to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
23. Changes to Terms of Service
Kiki reserves the right to modify, alter, replace or otherwise change these Terms and Conditions at any time. The date of the latest update will be noted at the bottom of these Terms. It's your responsibility to check these Terms periodically for changes. Your continued use of the Kiki website following the posting of any changes to these Terms constitutes acceptance of those changes.
If Kiki makes a material change to these Terms, we will notify you by posting a notice on our website or sending an email to the email address associated with your account. It's important that you review the changed Terms because if you continue to use our Services after we have posted the changed Terms, you are indicating that you agree to be bound by the changes.
If a change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Your continued use of the Kiki website after any change means that you agree to the Terms as changed.
We ask that you bookmark and periodically review this page to ensure continuing familiarity with the most current version of our Terms. You can determine when this Terms was last revised by checking the "Last updated" legend at the top of the Terms.
Last updated on: 11/07/2023
24. Contact Information
For any questions or concerns about these Terms of Service or your use of the Kiki website, please contact us:
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By email at: Support@kiki.net.au
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By visiting our website: kiki.net.au
Kiki - The Home Of Pleasure: ABN 70 572 923 939
If you have any feedback, comments, requests for technical support or other inquiries, please contact us via one of the methods listed above.
When communicating with us, please provide your contact details and a detailed explanation of your concern or request so we can effectively address your communication. We will make every effort to respond to all customer service inquiries within a reasonable time frame.
25.
Kiki Pre-Order Terms and Conditions
Please carefully review the following terms and conditions before completing your purchase:
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Pre-Order Overview
By placing a pre-order, you acknowledge that you are reserving a product that is not yet available for immediate shipment. Pre-order products will be shipped at a future date once production and inventory are available. -
Estimated Shipping Dates
Any shipping date or timeframe provided for pre-order products is an estimate only and not a guarantee. While we strive to meet these timelines, unforeseen circumstances such as production delays, supply chain disruptions, or other external factors may affect the final shipping schedule. -
No Liability for Delays
Kiki shall not be held responsible for any costs, damages, or inconveniences incurred due to delays in the estimated shipping timeframe. By placing a pre-order, you agree to accept the potential variability in shipping timelines. -
Payment and Cancellation
Payment for pre-order items is required at the time of placing the order. Pre-orders may be canceled at any time before the product is shipped for a full refund. Refunds will be processed using the original payment method. -
Notification of Changes
If there are significant delays or changes to your pre-order, we will notify you via the contact information provided at checkout. It is your responsibility to ensure your contact details are up-to-date. -
Product Availability
While we strive to fulfill all pre-orders, circumstances beyond our control may affect product availability. If we are unable to fulfill your pre-order, you will be entitled to a full refund. -
Acceptance of Terms
By placing a pre-order, you confirm that you have read, understood, and agreed to these terms and conditions.
Shipping:
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All orders are subject to product availability. Items in your shopping cart are not reserved and may be purchased by other customers. We strive to deliver your purchased products in the time frame specified during the ordering process, but we cannot guarantee any delivery times.
Return and Refund Policy:
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We have a 'no questions asked' return policy for products that are unopened and unused. If you wish to return a product for any reason, please contact us at support@kiki.net.au. Please note that you will be responsible for the shipping costs for returning your item. Shipping costs are non-refundable.
Pre-Order Return and Refund Policy
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100% Refund on Pre-Orders: If you do not receive a shipping confirmation email by the specified date of shipment, you are entitled to a 100% refund. We understand the importance of timely delivery, and we commit to keeping you updated. If there are any changes to the shipping date, we will inform you via email.
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Refund Requests Post-Order: As a pre-order customer, you can request a refund at any time starting 5 business days after placing your order if your item has not yet been shipped. To initiate a refund, please contact our customer service team who will guide you through the process.
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Lifetime Replacement Guarantee: As an added assurance for our pre-order customers, we offer a lifetime guarantee of replacement for your purchased vibrator. This means that should your product ever malfunction, you do not need to return the defective item; instead, we will send a replacement directly to your door. This lifetime guarantee allows for one replacement per purchased vibrator.
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Terms of Lifetime Replacement:
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The lifetime replacement is limited to one use per purchase.
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Once you have used your one-time replacement, any further issues with the product will be addressed according to our standard return policy.
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Initiating a Replacement or Refund: To request a refund or initiate a replacement under the lifetime guarantee, please contact our customer support team with your order details. Our team is dedicated to resolving your queries promptly and ensuring your satisfaction.