Terms & Conditions
Terms and Conditions
Hello! Looks like you’ve made it to our incredibly thorough and detailed terms and conditions page. If you love reading dense legal protections, rights, and duties, then boy have we got a treat for you!
These Terms and Conditions are made up of:
(ii) Part B - Terms of Sale
(iii) Part C - General
So, buckle up and let’s get started...
We’re an enthusiastic bunch. We love a bit of wit. And everything we do, we do with integrity. Koh.com is where we call home. It’s our website (‘site’) operated by us, Koh Australia Pty Ltd ABN 12 139 768 219 of Level 16, 225 George Street, Sydney, Australia 2000 (‘Koh’, ‘us, ‘we’, and ‘our’). ‘You’ means you, the individual or company using our site.
By using and accessing our site, you confirm you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use or access our site.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Things happen and we may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
Our site is intended for users who are at least 18 years of age and are residing in and using this site within Australia. If you access our site from outside Australia, you do so at your own risk and you are responsible for compliance with laws applicable to your accessing our site from your location.
We are the owners or licensees of all intellectual property rights (including, but not limited to, copyright and trade marks) on our site and in the material published on it.
All materials displayed on our site, including without limitation, all information, text, photographs, illustrations, artwork, and other graphic materials are the property of Koh or its related companies or their suppliers and/or licensors unless indicated otherwise on the site, and are protected by copyright, trade mark, and other intellectual property laws and treaties around the world. All such rights are reserved.
You may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
1.1 Although we work very hard to prevent third parties from interfering with our site, we cannot guarantee that it will always be secure or free from bugs or viruses.
1.1 We recommend that you use virus protection software when using any website and that you take precautions to ensure that the process that you employ for accessing our site is secure and does not expose you to interference which may damage your computer system. We do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of our site.
10.6 We will always attribute your UGC to you (after all, we know just how much effort goes into creating it!) and you consent to attribution by either your full name, username or social media handle. You waive any other moral or performers’ rights and any right of confidentiality that you may have in connection with the UGC.
(together the ‘content standards’).
You may link to our site if you first obtain consent from us by contacting firstname.lastname@example.org. Any linking must be done in a way that is fair and legal and does not damage our reputation. The website in which you are linking must comply in all respects with the Content Standards.
‘Koh’ and all related names, logos, product and service names, designs and slogans are our trade marks. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under paragraph 10.
While we endeavour to take reasonable care in preparing and maintaining the information on the site, we make no representation about the accuracy, reliability, adequacy, completeness or timeliness of the content, including the price of any products available for purchase from our Koh online store. The content may contain inaccuracies or typographical errors. The content is subject to change at any time without notice and may not be up to date or accurate at the time you view it.
In no event will we be liable for damages of any kind, arising out of or in connection with your use, or inability to use, our site, any websites linked to it, any content on our site or such other websites or any services or items obtained through our site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Hasta la vista, baby.
Part B: Terms of Sale
Just like with every other website we know that you will carefully and thoroughly read through these terms of sale before ordering any products from the Koh online store. Now that we’ve covered the ground rules about using our site and everyone’s feeling happy we thought now would be the perfect time to plough on with the terms of sale.
If you create an account on the Koh online store you are responsible for:
If you know or suspect that anyone other than you knows the password for your user account, you must promptly notify us at email@example.com.
You warrant that all products purchased from the Koh online store are being purchased for personal use (not commercial use) and will not be resold or resupplied.
21. Product Information
Please take care when placing your order to ensure that the products you purchase are suitable for the intended use.
To be able to buy products you must:
You may place an order by clicking on the [‘ADD TO CART’] button and proceeding to the checkout page.
You will be provided with an opportunity to review your order, read and accept the terms of sale, check the total price of your order and the information you have provided, and correct any input errors before confirming your order. We will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.
Once you have submitted and confirmed your order using the Koh online store, we will send an email to the email address you provided, acknowledging receipt of the order and setting out details of the ordered products (order receipt confirmation email).
We may reject all or part of an order at our sole discretion for any reason, including without limitation in the case of abnormal orders and orders which we suspect are not placed in accordance with these terms of sale or orders in response to incorrect offers on the Koh online store made as a result of human, system or technology error (including errors in the image, description or price).
We may from time to time impose quantity restrictions or limits on the Products you can order. Any quantity or total value restrictions will be stated on the Koh Online Store or communicated to you at the time of placing your order or otherwise communicated to you. If we reject an order on the basis of the quantity restrictions we will refund any money paid for that order.
If we notice a pattern of orders or purchase activity that appears abnormal then we may suspend or deactivate that account and any associated accounts in our sole discretion. If we suspend or deactivate your account and you believe that this was done in error please contact firstname.lastname@example.org.
If, after receiving your order, we are unable to fulfil that order, we will contact you to discuss the order.
We will email you to confirm that your order has been dispatched (shipment confirmation email).
The contract will only relate to those products which have been dispatched and are listed in the shipment confirmation email. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate shipment confirmation email.
The price charged for a product will be the price in effect at the time your order is placed and will be set out in the order receipt confirmation email and in your shipping confirmation email. If you place additional or separate orders after receiving the order receipt confirmation these will be separate transactions and you will incur additional shipping and handling charges for such additional orders.
If there is a pricing error, whether on the Koh online store or in an order receipt confirmation email or otherwise, then to the extent permitted by law, Koh has the right to correct such an error and charge the correct price or cancel the order.
Prices for the products as shown on the site include GST or other applicable taxes but do not include charges for shipping and handling.
Separate charges for shipping, handling and their related GST or other taxes will be shown in your order receipt confirmation email and can be viewed on a summary screen during the check out process, prior to finalising your order.
Prices for products and for shipping and handling may be changed at any time without notice to you, but changes will not affect orders in respect of which we have already sent you a shipping confirmation email.
From time to time promotional codes may be offered to the public or individual customers. To redeem a promotional code, the code should be entered during check out (of a valid transaction) when prompted. A maximum of one promotional code will be permitted per transaction. Promotional codes cannot be used in conjunction with any other offer including other promotional codes and/or gift with purchase promotions. Promotional codes cannot be exchanged for cash. Promotional codes cannot be used retroactively on orders that have already been placed. Delivery charges are excluded from the calculation of % off discount promotional codes.
Payment must be made by VISA, MasterCard, American Express, or PayPal. The name on the credit card must be the same as the name of the person placing the order.
If we do not receive the authorisation that the payment has been processed, we will cancel your order.
The value of your purchase will be settled from the applicable card when the order is placed.
If your credit card payment cannot be processed you will be notified of this on the Koh online store. You will then need to contact the card issuer and endeavour to resolve the issue directly.
Your order will be despatched on the next business day after receipt of your order, provided that your order is received before 3pm (Sydney time) on the day of your order. Your order will be delivered in 3-5 business days following despatch.
If we cannot deliver your order within the period specified in your shipping confirmation email then we (or our shipping service provider) will endeavour to contact you.
If you unreasonably defer or delay delivery after the shipping provider has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
We will not be responsible for delay or failure to perform if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond its reasonable control including but not limited to:
Our performance is deemed to be suspended for the period that the above continues.
We use reasonable efforts to ensure the availability of products you order from the Koh online store but at times, products may be out of stock or not available for reasons beyond our control.
We retain full legal title to products until we have received in full all amounts payable for the Products and you have received your Shipping Confirmation Email. The Products will be at your risk from the time of delivery.
33.1 If you believe a product you have ordered is defective or damaged, please contact email@example.com.
33.2 We may request that you send us evidence of the damage.
33.3 We will provide instructions for the return of the product. Once we have received and validated your returned product, we will send you an email to confirm the validation. Your return will then be processed by us and confirmed to you by email. We will notify you whether the product will be replaced or refunded.
33.4 You have additional rights under the Australian Consumer Law that are not limited by this policy, including where the Products are defective.
So, if, within 30 days of delivery of your products, you are not totally satisfied with the products, you may return the products and receive a full refund of the price you paid for the products, and the original postage charges (‘30 Day Money Back Guarantee’). You must pay the costs of returning the products to us, unless it is found that the products were defective, in which case your claim will be dealt with in accordance with condition 33 of these terms of sale.
This policy only applies to products purchased on the Koh online store.
Once we have received and validated your returned products, we will send you an email to confirm the validation. Your refund will then be processed by us and confirmed to you by email.
Any voluntary warranty against defects given to you with your purchase provides benefits in addition to your other rights and remedies under the Australian Consumer Law or any other applicable consumer law in Australia; and does not exclude, restrict, modify, limit, or override your rights under the Australian Consumer Law. In accordance with the applicable provisions of the Australian Consumer Law: 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 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.
Nothing in these terms of sale excludes, restricts, modifies or limits your rights and remedies under, or the application of the Australian Consumer Law.
The only conditions, guarantees and warranties which are binding on us in respect of the Products and services supplied by us on the Koh Online Store are those expressly set out in these Terms of Sale or required to be binding by statute; including the applicable provisions of the Australian Consumer Law. To the fullest extent permitted by law all other terms and conditions, concerning the quality or condition of any Products or goods, information, service, material, advice or recommendation supplied by us to you through the Koh Online Store are excluded.
If Koh breaches any term or condition and our liability cannot be lawfully excluded but can be lawfully limited, then to the extent permitted by law and without excluding, restricting, modifying or limiting your rights and remedies under the Australian Consumer Law, our liability for such breach is limited at our election to either: (a) resupplying the Products (or equivalent goods) you have purchased in respect of which the claim arises; or (b) paying the amount you paid us for those Products.
To the fullest extent permitted by law and except to the extent (if any) provided in these Terms of Sale or if we are liable to you for loss under applicable provisions for the Australian Consumer Law, we have no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your use of the Site, Koh Online Store or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Terms of Sale.
Without prejudice to our termination or other rights under any other provision of these terms or applicable law, we may at any time prior to delivering the products to you, immediately terminate the contract for the supply of products to you if:
If we terminate the contract pursuant to this clause, we will refund any money already received for that order.
Part C: General
These terms are binding on you and Koh and on any person to whom Koh might transfer its rights.
You must not transfer, assign, charge or otherwise deal with a contract with Koh, or any of your rights or obligations arising under it, without our prior written consent.
Koh may transfer, assign, charge, sub-contract or otherwise deal with a contract with you, or any of Koh's rights or obligations arising under it, at any time.
Koh may revise these Terms from time to time. Any changes to these Terms will be effective on the date on which they are posted on the Site.
These Terms and any document expressly referred to in them represents the entire agreement between Koh and you and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
You acknowledge that, in entering into a contract with Koh, you have not relied on any representation, undertaking or promise given by Koh or any third party or implied from anything said or written in negotiations between us except as expressly stated in these Terms.
If any provision in these Terms is unenforceable, illegal or void or makes these Terms or any part of it unenforceable, illegal or void, then that provision is severed and the rest of these Terms remain in force.
· What data does Koh collect?
· How does Koh collect your data?
· How will Koh use your data?
· How does Koh store your data?
· Will Koh share your personal data with overseas recipients?
· What are your data protection rights?
· What about cookies?
· How to manage your cookies
· Privacy policies of other websites
· How to contact us
What data does Koh collect?
The information we learn from customers helps us personalise and improve your experience with Koh. Here are the types of information we gather.
· Information You Give Us: We receive and store any information you provide and enter on our Website such as names, mailing or street address, email address, date of birth, phone number, facsimile number, details of the products that you purchase from us or which you have enquired about, information you provide to us through customer surveys, etc. You can choose not to provide certain information, but then you might not be able to take advantage of many of our products and services.
· Automatic Information: We receive and store certain types of information whenever you interact with us. In line with our information security standards, we monitor website behaviour through Google Analytics. We collect information about how each visitor uses our website. These are then used to compile reports and to help us improve our site. Information is collected in an anonymous form. For example, like many Websites, we use "cookies," and we obtain certain types of information when your Web browser accesses Koh.com or advertisements and other content served by or on behalf of Koh.com on other Websites.
How does Koh collect your data?
You directly provide us with most of the data we collect. We collect and process data when you:
· Fill in forms on our website - https://koh.com;
· Correspond with us by phone, email, post, or social media;
· Use or view our website via your browser’s cookies; and
· Receive information about you from other sources.
Information from Other Sources: We usually collect your personal data directly from you. However, we might receive information about you, or seek to verify your personal information, from other sources including third parties such as credit reporting agencies, law enforcement agencies and other government entities, and add it to our account information. If we are not able to collect personal data about you, we may be unable to provide you with access to the website or our products and services, either partly or wholly.
How will Koh use your data?
Koh processes the personal data held about you for the following purposes:
· to help us deliver your goods;
· to manage your purchases;
· to manage any refunds;
· to provide you with updates and alerts, such as the estimated time for your delivery orders;
· to monitor our work and maintain our records;
· to administer and improve our website and other communications with you;
· to enable compliance with statutory and legal obligations;
· to detect and prevent fraud;
· to respond to any complaint that you might make; and
· to answer general enquiries that you may make.
If you agree, Koh will share your data with our partner companies (Partner Companies) so that they may offer you their products and services. Our Partner Companies include:
· other entities in the Koh group of companies;
· our third party business partners, suppliers, analytics providers that assist us with improvement of our website:
· Hot Jar: recording heat map and user behaviour when browsing a site;
· Rokt: for advertising purpose; and
· Mail Chimp: for emailing purpose.
We may also share your information with other entities including:
· credit reference agencies and other companies and organisations for the purpose of fraud prevention and credit risk reduction; and
· government agencies and independent regulatory bodies.
In the event that Koh (or substantially all of its assets) were to be acquired by or merged with a third party, the personal data held by us about our customers would be included amongst the assets transferred or shared. If we were to sell or buy any business or assets, we may disclose personal data held by us to the prospective seller or buyer under strict confidentiality terms.
When entering into any agreements that involve the sharing or disclosure of personal data, Koh requires that these third parties comply with our data protection and information security policies or have substantially similar policies of their own in place.
How does Koh store your data?
Koh has put in place appropriate technical and organisational measures to preserve the security of your personal information, prevent accidental loss, damage or destruction of your personal data, and to protect your personal data information against unauthorised, or unlawful use or theft. We also put in place strict confidentiality agreements, including data protection obligations, with our third party service providers and data processors.
Will Koh share your personal data with overseas recipients?
The personal data we collect, or is collected on our behalf, may be transferred to, and processed in, countries other than the country in which you reside. We may disclose personal information to our related bodies corporate, third party suppliers and service providers located overseas for some of the purposes listed above.
Your personal data may be transferred outside Australia, where processing activities such as technical support, storage and backup may be provided. When this data is sent outside Australia, we shall ensure its secure transfer and that appropriate safeguards are in place for the processing of your personal data in accordance with this policy and the requirements set out in accordance with applicable data protection laws.
Koh would like to send you information about products and services of ours that we think you might like, as well as those of our Partner Companies. If you agree, Koh will share your information with our Partner Companies so that they may offer you their products and services.
If you have agreed to receive marketing, you may always opt out at a later date.
You have the right at any time to stop Koh from contacting you for marketing purposes or giving your data to other related body corporates and Partner Companies.
What are your data protection rights?
Koh would like to make sure you are fully aware of all of your data protection rights. You are entitled to the following rights:
· The right to access – You have the right to request our Company for access to your personal data and copies of your personal data that we hold about you.
We may charge you a small fee for this service but will not charge you for simply making a request.
· The right to rectification – You have the right to ask our Company to correct any information which you believe is inaccurate. You also have the right to request our Company to complete the information you believe is incomplete.
If you would like to exercise any of these rights, please contact us via the details below:
Call us at: 1300 000 564 between 9am and 5:30pm, Monday to Saturday.
Or write to us: firstname.lastname@example.org
When contacting us to request for access or correction of any personal data we hold about you, we ask that you provide us with as much detail as you can about the data in question as this will help us to retrieve it. Before we provide you with access to your personal information we may require some proof of identity. We will respond to your request to access or correct your personal data within a reasonable period. If we decide that access or correction will not be permitted, we will provide with reasons for our decision.
Your exercise of these rights is subject to certain exemptions, including where the provision of your personal data might have an unreasonable impact on the privacy of other individuals, or where we are satisfied on reasonable grounds that access to or correction of the data should not be made.
What about cookies?
Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. When you visit our website, we may collect information from you automatically through cookies or similar technology.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit allaboutcookies.org.
· Keeping you signed in;
· Understanding how you use our website;
· The number of visitors of the site;
· Where visitors have come to the site from; and
· The pages visited.
We may also log IP addresses (i.e. the electronic addresses of computers connected to the Internet) to analyse trends, administer the website, track users' movements on the website, and gather broad demographic information for aggregate use for advertisers and business partners.
How to manage your cookies
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
Privacy policies of other websites
How to contact us
Email us at: email@example.com
Call us: 1300-000-564 between 9am and 5:30pm, Monday to Saturday.
Or write to us at: firstname.lastname@example.org
You may lodge a complaint if you believe that we have breached your privacy, by contacting us via the details above.
We will deal with any complaint by investigating it, and providing a response to you within a reasonable time, provided that we have all necessary information and have completed any investigation required. In some cases, we may need to ask you to put your complaint in writing so that we are sure that we understand it, and may also need to ask you for further information or to verify your identity. We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will treat your complaint confidentially and respond to you within a reasonable time, usually in writing.
If you feel that our Company has not addressed your concerns in a satisfactory manner, you may contact the Office of the Australian Information Commissioner (OAIC). The contact details of the OAIC are available from the OAIC’s website at www.oaic.gov.au.