Terms & Conditions (NZ)

Terms of service

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!

(i) Part A - Terms of Use of Website;
(ii) Part B - Terms of Sale
(iii) Part C - General
(iv) Part D – Privacy Policy

Together we refer to these as the ‘terms’ or ‘terms of use’. So, buckle up and let’s get started...

Part A: Terms of Use of Website

1. Who we are?
We’re an enthusiastic bunch. We love a bit of wit. And everything we do, we do with integrity. We are based in Australia. Koh.com/en-nz, our website (‘Site’), operated by Koh Australia Pty Ltd ABN 12 139 768 219 of Level 5, 60 Martin Place, Sydney, Australia, NSW 2000 (‘Koh’, ‘us, ‘we’, and ‘our’), is our online presence in New Zealand. ‘You’ means you, the individual or company or other entity using our Site.

2. Access
Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or referred to in this document (‘terms of use’).

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.

3. We may make changes to these terms and the Site.
We amend these terms of use from time to time. Every time you wish to use our Site, please check these terms of use to ensure you understand the terms that apply at that time. We may also update and change our Site from time to time to reflect changes to our Products, our customers' needs and our business priorities.

4. We may suspend or withdraw 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.

5. Eligibility to use our Site
Our Site is intended for users who are at least 18 years of age and are residing in and using this Site within New Zealand. If you access our Site from outside New Zealand, you do so at your own risk and you are responsible for compliance with laws applicable to you accessing our Site from your location.

6. How you may use the things on our Site
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.

7. Do not rely on information on this Site
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.

8. Security, viruses, and links

8.1 Koh does not warrant that any of the functions contained on the Site or your access to the Koh Site will be uninterrupted or error-free, or that any notifications will be made in a timely manner, or at all.

8.1.1 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.

8.1.2 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.

8.2 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Your access to such third party websites is at your own risk and subject to the terms and conditions of use for those websites.

9. Cookies
We use cookies to make things a bit easier for you when you’re using our Site. Cookies are small files that we store on your computer containing a unique ID number that mean we can tell who’s using our Site and improve customer experience overall.

9.1 When you access our Site, we may send cookies to your computer. This enables us to recognise your computer and greet you each time you visit our Site without bothering you with a request to register. It also enables us to keep track of Products or services you view so that, if you consent, we can send you news about those Products or services. We also use cookies to measure traffic patterns, to determine which areas of our Site have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online Products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

9.2 We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the Site, track users' movements, and gather broad demographic information.

10. User-Generated Content

10.1 This Site and our social media channels allow users to upload content in connection with the Koh brand or Koh Products available for sale on the Site (‘Products’), including text, commentary, testimonials, photos, graphics, images, audio, video and other information or material (‘user-generated content’ or ‘UGC’).

10.2 If we like your UGC, we may ask for your permission to feature it on our Site, social media channels, or in our marketing, advertising or promotional emails and materials (‘marketing’). If you reply to our request with the hashtag #YesKoh or in an otherwise affirmative manner this will indicate your agreement to the terms applicable to the UGC. as set out in clauses 10.1 – 10.13 (‘UGC terms’) and our use of the UGC.

10.3 If you have not been contacted by Koh, but in any case upload UGC to the Site or our social media channels, you will be deemed to have consented to these UGC terms by uploading the UGC. If you do not agree to the UGC Terms, you should not proceed to upload the UGC.

10.4 You grant Koh a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable licence to use, publish, reproduce and modify the UGC in any manner to be determined by Koh (including but not limited to in our marketing) in any media used now or in the future. We may sub-licence this right to our related companies, sub-contractors, licensees, assigns and third party service providers (‘Koh licensees’).

10.5 Koh may use, vary, display, modify, reproduce, distribute, disclose, create further works from or edit your UGC in any manner in our discretion.

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.

10.7 You acknowledge that we are not required to pay or compensate you for our use of the UGC in our marketing materials.

10.8 You must own, or have a licence for, all rights in the UGC, including without limitation intellectual property rights, that you upload to our Site or social media channels. You warrant and represent that all of the UGC is your own work (or is properly licensed to you) and that your use of and licence of it to us does not infringe any intellectual property or other rights of any third party.

10.9 You understand and acknowledge that you are responsible for any UGC you submit or contribute and you (not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

10.10 You agree to release Koh from and indemnify Koh against any claims, actions or liabilities of any kind whatsoever (whether current or future) related in any way to Koh’s use of the UGC pursuant to these terms of use, except to the extent that such liability arises as a result of, or is contributed to by Koh.

10.11 You acknowledge that the UGC may be displayed, distributed or used in
our marketing, together with your name and other identifying information provided to us, including without limitation any social media identifier, handle, profile picture or likeness.

10.12 We will only use your UGC in accordance with our privacy policy and in accordance with these terms of use.

10.13 You agree that all UGC must comply with our content standards. Koh may remove, refuse to use or take any other action with respect to any UGC if it is not consistent with our content standards or for any other reason at any time at our sole discretion.

11. Keep it Clean
We want everyone to come away from our social media channels with a smile on their face, feeling pumped up and energised to clean. Because the internet is the internet, there is always the chance that things can go wrong. We want to take this moment to lay out what we expect from you when participating on our social media pages as well as what you should expect from us in looking after you on those pages.

11.1 UGC uploaded to the Site or social media channels must not:

• be, or contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or inappropriate as determined by Koh;
• contain or promote sexual or pornographic material, violence, or any form of discrimination;
• infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these terms of use and our privacy policy;
• promote any illegal activity, or advocate, promote or assist any unlawful act;
• be likely to deceive or impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us; and
• involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, advertising or any other form of solicitation or unauthorised communication.

(together the ‘content standards’).

11.2 By uploading UGC to the Site or our social media channels, you warrant that the UGC complies with the content standards, and you indemnify us for any breach of that warranty except to the extent that we caused or contributed to that loss. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site or social media channels will cease immediately.

12. Rules about linking to our Site
You may link to our Site if you first obtain consent from us by contacting carenz@koh.com. 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.

13. Our trademarks are registered
‘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.

14. Prohibited uses
You may use the Site only for lawful purposes and in accordance with these terms of use.

You agree not to use the Site:

• in any way that violates any applicable national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards;
• to transmit, or procure the sending of, any advertising or promotional material;
• to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

14.1 Additionally, you agree not to:

• use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
• use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• otherwise attempt to interfere with the proper working of the Site.

14.2 In the event of such a breach, your right to use our Site will cease immediately.

15. Disclaimer
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.

16. Limitation of liability
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.

Nothing in these terms of use affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law and, if and as applicable, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (New Zealand Consumer Law).

If you are in trade or acquiring goods or services in trade through our Site or are using our Site or its content for business purposes or the Products you are purchasing are for business use, you agree: (a) the protections provided by the Consumer Guarantees Act 1993 do not apply; and (b) to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable lawyers' fees) arising out of or relating to your violation of these terms of use or your use of the Site, including, but not limited to, your UGC, your use of any information obtained from the Site and any use of the Site's content, services and Products other than as expressly authorised in these terms of use.

17. Termination Hasta la vista, baby.
The terms of use are effective until terminated by us. In addition to any other rights set out in these terms of use, we may terminate these terms of use and your access to this Site in our absolute and sole discretion at any time without notice. In the event of termination, you are no longer authorised to access or use this Site. All restrictions imposed on you, together with all disclaimers, limitations of liability and indemnities set out in the terms of use, will survive the termination of these terms of use and will continue in full force and effect.

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.

18. Application of these terms of sale

18.1 All purchases of Products from the online store made available on the Site (Koh online store) will be governed by the following terms of sale, including any other terms and conditions which may be notified to you at the time of placing your order, for example, promotional terms and conditions (terms of sale).

18.2 By ordering Products, you agree to be bound by these terms of sale.

18.3 In addition to the terms of sale, by ordering any Products via the Koh online store you acknowledge and agree that your use of the Site will be governed by:

• our terms of use; and
• our privacy policy [see below], and you:
• agree to comply with the terms of use; and
• consent to Koh’s use of your personal information in accordance with the privacy policy.

19. You must keep your account details safe.
If you create an account on the Koh online store you are responsible for:

• maintaining the confidentiality of your username and password;
• restricting access to your password; and
• all activities and each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.

If you know or suspect that anyone other than you knows the password for your user account, you must promptly notify us at carenz@koh.com.

20. Use of the Koh online store
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.

22. Placing an order
To be able to buy Products you must:

• read and accept these terms of sale;
• provide your name and address, phone number, email address, payment details and other required information;
• provide a delivery address within New Zealand; and
• be aged 18 years or over.

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.

23. Processing and Contract Formation
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).

24. Koh’s rights in respect of an order
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 carenz@koh.com.

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.

25. Prices, Shipping and Handling, Charges and Taxes

The price charged for a Product will be the price in effect at the time your order is placed, as shown on the Site. We will not, under any circumstances, reduce the prices of Products to match prices appearing outside the Koh online store or being charged in retailer placements.

The price charged 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.

Savings on value and refill bundles are on full priced Products when purchased individually.

Koh does not offer price matching with any retail or marketplace prices.

26. Promotional Codes and Special Promotions
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.

From time to time we may run temporary special promotions involving reduced prices for a specified period of time (sale period); these reduced prices are only valid for orders placed and confirmed during a sale period and will not, under any circumstances, apply outside a sale period.

27. Payment
Payment must be made by VISA, MasterCard, 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.

28. Delivery
Your order will be despatched on the next business day after receipt of your order, provided that your order is received before 3pm (Auckland 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.

29. Events outside of our control
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 our reasonable control including but not limited to:

• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• strikes or lock-outs (or other industrial action);
• national or local states of emergency;
• failure of transportation facilities, power or utility outages, earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
• the acts, decrees, legislation, regulations or restrictions of any government; or
• lions, tigers, and/or bears (oh my).

Our performance is deemed to be suspended for the period that the above continues.

30. Product Availability
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.

31. Title to Products
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.

32. ‘Refer a friend’ terms and conditions

32.1 We may make discount codes or promotional items available where you refer your friends to our Site (referral offer). Where we make referral offers available to you to refer a friend to our Site, the following conditions apply:

(a) only one referral offer may be redeemed in any transaction in the Koh online store;
(b) the communication containing the referral offer must be created in a personal, non-commercial manner; and
(c) communications via bulk circulation, to individuals other than family and friends and any other conduct that Koh determines (in its sole discretion) may constitute actual or attempted fraud are prohibited.

32.2 We reserve the right to invalidate any such referral offer, withdraw a referral offer and terminate your use of this Site immediately if these terms and conditions are not complied with in connection with any referral offer.

33. Returns

33.1 If you believe a Product you have ordered is defective or damaged, please contact carenz@koh.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 may have additional rights under the New Zealand Consumer Law that are not limited by this policy, including where the Products are defective.

34. 30 day Guarantee
We guarantee everything we make and we only make Products that we ourselves would want to use. We offer a 30 day money back guarantee on all of our Products because we want you to try them out safe in the knowledge that it won’t cost you a cent if you don't like them. That’s the kind of confidence we have in our Products.

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.

35. New Zealand Consumer Law
Any voluntary warranty against defects given to you with your purchase provides benefits in addition to any other rights and remedies you may have under the New Zealand Consumer Law.

The New Zealand Consumer Law sets certain minimum guarantees for products and services.. The Consumer Guarantees Act 1993 (NZ) allows consumers to seek repairs, replacements or refunds when consumer goods, usually purchased for personal or household use, are faulty.

36. Liability, Exclusions and Limitations
Nothing in these terms of sale excludes, restricts, modifies or limits your rights and remedies under the New Zealand Consumer Law that cannot be lawfully excluded.

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, as applicable, the provisions of the New Zealand Consumer Law that cannot be lawfully excluded. 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 any rights and remedies you may have under the New Zealand Consumer Law that cannot be lawfully excluded, 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 provisions of the New Zealand Consumer Law that cannot be lawfully excluded, we have no liability to you or any other person for any loss of profit 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.

37. Privacy
By purchasing any Products from us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our privacy policy, a copy of which is available at Part D below.

38. Termination
Without prejudice to our termination rights 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:

• in our reasonable opinion you breach these terms of sale and the breach is not capable of being remedied; or
• you breach these terms of sale, the breach is capable of being remedied, and you fail to remedy the breach after we have given you 7 days to remedy the breach.

If we terminate the contract pursuant to this clause, we will refund any money already received for that order.

Part C: General

39. Transfer of rights and obligations
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.

40. Variations of these Terms
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.

41. Entire agreement
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.

42. Severability
If any provision in these terms is unenforceable, illegal or void or makes these terms or any part of them unenforceable, illegal or void, then that provision is severed and the rest of these terms remain in force.

43. Applicable law
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the New South Wales and of the Commonwealth of Australia.

Part D: Privacy Policy

At Koh (“we”, “us”, “our”, “Company” and “Koh”), we are committed to protecting and respecting your privacy. Our Privacy Policy (including any other documents referred to in it) sets out the basis upon which we process any personal data that we collect from you or about you that you provide to us or that we receive from other sources. By ‘process’, we mean when we collect, use, store, delete and otherwise manipulate or access personal data.

If we ask you to provide information from which you can be identified, including as a result of using our website, either www.koh.com or www.koh.com/en-nz (each our “Site”), the information will be used in accordance with this Privacy Policy, as it changes from time to time.

We are based in Australia and also have an online store in New Zealand. Through this policy and our practices, we aim to comply with Australia’s Privacy Act 1988 and the Australian Privacy Principles set out in that Act and, in New Zealand, with the New Zealand’s Privacy Act 2020and the information privacy principles set out in that Act.

Please read this policy carefully to understand our practices regarding your personal data and how we will treat it. We recommend that, from time to time, you visit our Site to review this policy to stay up to date with any changes made to it.

By visiting our Site, you are accepting our practices and giving your consent to us to process your personal information as described in this Privacy Policy.

• 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?
• Marketing
• Text Marketing and notifications
• What are your data protection rights?
• What about cookies?
• How does Koh use cookies?
• How to manage your cookies
• Privacy policies of other websites
• Changes to our Privacy Policy
• How to contact us
• Complaints

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 Site 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 Site behaviour through Google Analytics. We collect information about how each visitor uses our Site. 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 our Site or advertisements and other content served by or on behalf of our Site 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 Site;
• Correspond with us by phone, email, post or social media;
• Use or view our Site via your browser’s cookies.

We also 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 our Site 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 Site 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 Site:
• Hot Jar: recording heat map and user behaviour when browsing a site;
• Recom.ai: an internal marketing tool;
• Excelify: to manage our store data; and
• Klaviyo: 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 or New Zealand, where processing activities such as technical support, storage and backup may be provided. When this data is sent outside Australia or New Zealand, 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.

If you are a resident of New Zealand, accessing our products and services via www.koh.com/en-nz, your personal information will be shared with our Australian business operations.

Marketing
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 material, 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 bodies corporate and Partner Companies.

Text Marketing and notifications
By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form, or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 10 a month. You acknowledge that consent is not a condition for any purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted for as a reasonable means of opting out. Message and data rates may apply.

For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

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 us 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 us to correct any information which you believe is inaccurate. You also have the right to request us 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:

Australia and New Zealand

Call us: 1300 000 564 between 9am and 5:30pm (AEST), Monday to Friday.

Or write to us: care@koh.com

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 you 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 Site, 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.

How does Koh use cookies?
Koh uses cookies in a range of ways to improve your experience on our Site including:

• Keeping you signed in;
• Understanding how you use our Site;
• 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 Site, track users' movements on the Site, 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
Our Site contains links to other websites. Our Privacy Policy applies only to our Site, so if you click on a link to another website, you should read their privacy policy.

Changes to our Privacy Policy
We keep our Privacy Policy under regular review and place any updates on this web page.

This Privacy Policy was last updated in March 2024.

How to contact us
If you have any questions about Koh’s Privacy Policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us via the details below.

Australia and New Zealand

Call us: 1300-000-564 between 9am and 5:30pm (AEST), Monday to Friday.

Or write to us: care@koh.com

Complaints
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 we have 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. If you are a resident of New Zealand you may contact the Office of the New Zealand Privacy Commissioner, via www.privacy.org.nz.