Your acceptance

Sarah Textile Pty Ltd (referred to as KAYRA, we, our or us) permits users (referred to as you or your) to:

(a)  access and use the KAYRA website (www.kayra.com.au) (Website); 

(b)  place an order for products, services or both (including orders for clothing, shoes, accessories, jewellery, gift vouchers and all other products and services offered for sale through the Website)

(c)  view and interact with any content, information, communications, advice, text or other material provided by KAYRA and

(d)  otherwise communicate with KAYRA,

subject to the following terms and conditions (Terms).

 

We may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. By using the Website, you are agreeing to all of the Terms. We will give you notice of updated Terms by posting it on the Website or by email. Your use of the Website will be governed by the most recent Terms posted on the Website. You should also check this page regularly and take notice of any changes made.

 

ACKNOWLEDGEMENT AND ACCEPTANCE

 

Sarah Textile Pty Ltd (referred to as KAYRA, we, our or us). These Terms + Conditions govern your access and use of our website (www.kayra.com.au) and related services including the ordering, purchase and delivery of items from our website and subscriptions to our online newsletter (collectively, our ‘Website’).

This Website and all content on the Website is operated and owned by SARAH TEXTILE PTY LTD (ABN 496 311 673 81) of Unit 37 – 12 Homepride Avenue, Warwick Farm 2170, NSW Australia (‘KAYRA’, ‘we’, ‘us’ or ‘our’).

These Terms + Conditions are to be read in conjunction with any additional Terms + Conditions or policies we provide (collectively referred to as ‘Terms’), including but not limited to our Privacy Policy, Returns Policy, Shipping Policy. To the extent of any inconsistencies, the provisions of these Terms + Conditions apply.

By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

AMENDMENTS

KAYRA reserves the right to make changes to the Website and Terms at any time and without notice to you.  Any such changes will only apply to orders submitted after the date on which the changes have been made.  It is your responsibility to regularly check the Website in case there are any changes made, including each time you purchase a KAYRA product. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

PERSONEL INFORMATION AND PRIVACY

Any personal information submitted by you (whether personal information of you or another person from who you have the necessary consents to provide that personal information as contemplated) to KAYRA will be used for the purposes contemplated by these Terms, including but not limited to:

(a)  processing your payments for purchasing any products;

(b)  providing you with goods and services you have purchased;

(c)  providing direct marketing communications to you when you sign up to receive email updates from KAYRA.

 If you are submitting to the Website, including in the course of making any Order, the personal information of any other person, you warrant that the person is aware of and has consented to the use of their personal information in accordance with these Terms.

 You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and consent to these requirements.

 

TERMS OF USE

You may only use the Website and the content on the Website for personal purposes unless KAYRA provides express written consent to your proposed use.

You agree that you will not use the Website to:

1. a)   commit or encourage a criminal offence;
   b)   transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website;
   c)   corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights;
   d)   send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
   e)   attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

 

PRODUCT AVAILABILITY

All orders are made subject to availability.  Whilst we use our best efforts to ensure that items are available for delivery, there may be some circumstances where items are unavailable.

If we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order.  Please note that we may need to reject your order, or reject part of your order, on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product.  Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date (or an alternative product).

 

PAYMENT & PRICING

You will be charged in full at the time of ordering a KAYRA product by supplying KAYRA with a valid Mastercard, VISA, American Express credit or debit card issued by a bank acceptable to us, using Afterpay or a valid PayPal account or Gift Vouchers.  

Whilst we try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors (including processing errors) may occur.  If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.  If we are unable to contact you we will treat the order as cancelled.  If the order is cancelled and you have already paid for the goods, you will receive a full refund. See our RETURN POLICY more details.

All prices are in Australian Dollars (AUD) and are inclusive of GST.  Delivery costs may be charged in addition to the cost of the product and these are clearly displayed and included in the ‘Total’ (where applicable).

 
SALE ITEMS AND SPECIAL OFFER TERMS

Where an item is:

(a)  marked at a discounted price (Discounts);
(b)  purchased during a temporary promotion period (eg VIP Days, One Day sales, discount offers etc) (Promotions); or
(c)  purchased using a coupon (Coupons);

it is considered a Sale Item.  Sale Items are subject to the Sale Returns policy. 

Discounts, Promotions, Coupons (Special Offers) are offered at KAYRA’s discretion.  Any conditions applicable to the Special Offers will be specified at the time of issue.

 

SHIPPING AND DELIVERY

Delivery times may vary according to availability and the delivery address you have nominated.  You acknowledge and agree that any representations made as to delivery times are subject to postal/courier delays or delay caused by any circumstances beyond KAYRA’s control and that we will not be liable and will not offer any refunds for any delayed delivery of your purchase including if you select an express service.  

Please refer to our Shipping Policy and Returns Policy for further information.

Risk and Title

 In respect of Orders delivered to you using one of our third party couriers, then:

(a)  title to the products in your Order passes to you upon delivery; and

(b)  all risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises.

Online Returns & Exchange Policy

Returns to the Kayra;

KAYRA will gladly offer a refund or exchange for items you wish to return via the Australia Post on the following conditions:

(i)  the item is returned within 14 days of receipt of purchase;

(ii)  the item has not been worn or damaged;

(iii)  the original tags and hygiene stickers (where applicable) are attached;

(iv)  the item is not a sale item;

(v)   the item is not jewellery and scarf;

 unless otherwise entitled to a return under the Australian Consumer Law as detailed in clause Faulty and damaged items (please look at the faulty and damaged policy section); and

(vi)  you present proof of purchase; and

(vii)  you have contacted the KAYRA Concierge to authorise your return.

Please note: Exchanges can only be processed for an item in the same style, for a different colour, size or item of the same value (subject to stock availability). Refunds will be processed via the same payment method as the original payment. Where the original payment method is no longer available, we may issue a Credit Voucher or exchange.

To arrange a return to our warehouse, please contact the KAYRA Concierge at online@kayra.com.au or via phone +610413039361. Any items received by the KAYRA that do not comply with the above conditions will be returned to sender. 

SALE/PROMOTIONAL RETURNS

• Sale or promotional items are not refundable or exchangeable
• All Return Items must be in the original condition and meet the criteria of our Return Conditions
• It is considered a “Sale” Item when:
• marked at a discounted price
• purchased during a temporary promotion period (ie VIP Days, One Day sales, discount offers etc); or
• purchased using a coupon or a promotional code

Faulty or damaged items

In accordance with your rights under the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL): 

 (a)  if an item has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the item, provided you present proof of purchase. An item has a major problem when: 

 (i)  a reasonable consumer would not have bought the goods if they had known about the problem; 

 (ii)  the goods are significantly different from the description, sample or demonstration model shown; 

 (iii)  the item is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or 

 (iv)  the item is unsafe; and 

 (b)  if an item has a minor problem, please contact the KAYRA Concierge so we can assist to refund or replace the item, or repair the item within a reasonable time. If the item is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase. 

Refunds for faulty or damaged items will be processed via the same payment method as the original payment. Where the original payment method is no longer available, we may issue a Credit Voucher, exchange, or refund via alternative method (where possible). 

CUSTOMER SERVICE

We will use reasonable endeavours to respond to all emails within 48 hours. Our customer service team can be contacted directly on online@kayra.com.au

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content, including the Kayra brands and all other trade marks, trade names and logos made available to you on or through this website remain the property of Sarah Textile Pty Ltd ( KAYRA ) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by KAYRA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

LIABILITY

Website Accuracy, Errors and Availability

While we aim to update our Website regularly, neither KAYRA, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website.  We reserve the right to restrict access to parts of our Website or the entire Website, change or withdraw any items, information or content featured on this Website without notice.

To the maximum extent permitted by law, KAYRA excludes all liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any, use of the information on or access through our Website including if for any reason our Website is unavailable at any time or for any period.

Harmful Technologies

To the maximum extent permitted by law, KAYRA will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic) however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information, by a distributed denial-of-service attack or by any malicious or harmful programs, scripts or technologies that may affect our Website, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material; you agree to release us from any such liability.

Consumer Law 

Where legislation implies any mandatory term, condition or warranty or requires adherence to provisions that may not be excluded by contract including the consumer guarantees, KAYRA’s liability for breach of such term or consumer guarantee is limited, at our option, to:

1. a)   the replacement of the goods or the supply of equivalent goods;
   b)   the repair of the goods;
   c)   the payment of the cost of replacing the goods; or
   d)   the payment of the cost of having the goods repaired.

To the extent KAYRA’s liability cannot be excluded, KAYRA’s maximum liability to you will be limited to $250 where permissible at law.  These Terms do not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.

 

Intellectual Property in Designs

This Website contains graphics and other visual representations of products protected by copyright and/or the Designs Act 2003 (Cth) and equivalent laws in other jurisdictions. KAYRA takes active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws.

Making electronic, or other, copies of products displayed on this Website with the intent of reproducing them in whole or in part is strictly prohibited.

 

Prohibited uses

You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:

(a)  download (other than page caching) or modify the Website or any portion of the Website;

(b)  impersonate or falsely claim to represent a person or organisation;

(c)  are commercial, including selling, marketing, advertising or promoting goods or services;

(d)  frame the Website without KAYRA's express written permission;

(e)  post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or

(f)  post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.

 

GENERAL

Release and indemnity: You agree to release and indemnify and hold KAYRA and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Website, or a party acting on your behalf or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

Waiver: Any failure by KAYRA at any time to enforce these Terms or any of its rights will not be a waiver of such rights, or affect the validity of these Terms.

Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our reasonable control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation.  You agree that KAYRA will not be held liable for any delay or failure in performance of any part of our services to you.

Severability: If any clause or part of a clause of these Terms is not valid or enforceable it will be severed and the remainder of these Terms will continue to have full force and effect.

Jurisdiction: These Terms are governed by the laws in force in the state of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales to determine any dispute concerning these Terms.

 

UPDATED: OCTOBER 2022