TERMS & CONDITIONS

Last Revised: 18/11/2020

The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”) and Kukukachu (“Kukukachu”) (“we”, “us”) (A.B.N. 18790347913) and contain the terms and conditions that apply to your access and use of the website and The Services provided by Us.

Please read these terms and conditions (the “Terms”) carefully. By accessing our website: www.kukukachu.com you signify that you agree with these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use, or access (or continue to use or access) the Website.

Kukukachu reserves the right to modify this Agreement and/or the Policies (and update The Kukukachu Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you check this page regularly. Your continued use of the website and your purchase or engagement with Kukukachu indicates you agree to all Terms set forth herein.

 

  • 1. Services

    • 1.1 Kukukachu’s services include:
    1.1.1 the creation of “Ready to Buy” textile prints; and
    1.1.2 the custom design of textile prints.

    1.1.3 educational products and services for textile designers
    1.1.4 the creation of Fine Artworks for interiors


    1.2 Business hours for Kukukachu are: Monday to Friday, 9:00am - 5:00pm.

    1.3 The Client acknowledges that from time to time, Kukukachu may engage contractors to assist in project work.

  • 2. Cancellations

    • 2.1 All products sold from Kukukachu are final, and are sold on a no return or credit basis, once an order has been complete, and payment has been processed.

    2.2     As per Australian Consumer Law, where a product has been listed at an incorrect price, incorrect description or image due to typographical error or similar oversight, Kukukachu reserves the right to cancel and/or amend a transaction.

  • 3. Links

    • 3.1 This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that Kukukachu endorses, has investigated or verified the linked websites. They are provided on an ‘as is’ basis.

    3.2     Kukukachu makes no warranty or representation concerning these links or the linked websites and you acknowledge that Kukukachu is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites.

    3.3     You acknowledge that you enter any third-party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.


  • 4. User’s Obligations

    • 4.1 You agree that at all times that:
    4.1.1 You will comply with this Agreement (including all Kukukachu Policies) and all applicable laws and regulations; and
    4.1.2 You will provide accurate information, to the best of your knowledge; and
    4.1.3 You will not infringe, misappropriate or violate a third party’s intellectual property rights, or privacy rights, or any other rights or result in the violation of any applicable law or regulation.

  • 5. Payments

    • 5.1 Payment of services and/or products from Kukukachu will be in Australian Dollars (AUD).

    5.2 Payment will be made via Electronic Funds Transfer (EFT), Paypal and Credit Card. 

    5.3 Full and punctual advanced payment is required prior to the product being dispatched, or the service being delivered.

    5.4 All prices displayed of products or services are advertised on the Website. These can be changed without notice.

    5.5 In the event Kukukachu is required to recover any unpaid costs:
    5.5.1 all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and 
    5.5.2 where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.

  • 6. Deliveries

    • 6.1 The Client is responsible for the payment of delivery fees of product(s) from Kukukachu.

    6.2 Products purchased from Kukukachu will be transported either through Australia Post or Couriers.

    6.3 Delivery addresses cannot be altered once an Order has been processed.

    6.4 Kukukachu makes every reasonable effort through its packaging and its liaisons with its delivery services to ensure that your parcel is safe for transportation and arrives to you safely.

    6.5 Ownership of the parcels turned over to Australia Post or Couriers by Kukukachu transfers to the buyer. Kukukachu will not be responsible for any lost of, or damage to packages. We will not be responsible for any error in the supply of incorrect shipping information, or delivery errors through Australia Post or Couriers.

    6.6 Once your order has been processed, you will be provided with a tracking number. Should you have any questions related to your delivery, please contact the courier company, or the Post Office with your tracking number.

    6.7 The estimated delivery time-frame will range between seven to ten days for textile artworks and 2-4 weeks for Fine Artworks. Please note however, this is an indication only.

    6.8 To ensure the safe delivery of your product(s), we do recommend that someone is available to receive your order.

    6.9 In circumstances where no one is present to receive the delivery, the courier or Australia Post will return your order to the nearest post office, or depot for collection, causing a potential delay in your delivery, where the Kukukachu will not be responsible for.

  • 7. Intellectual Property

    • 7.1 The information, blogs, text materials, course materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Kukukachu Website and or any of its Platforms are protected by copyright, trademark and other intellectual property laws.

    7.2 If images or information from Kukukachu are shared on social media platforms including but not limited to Pinterest, Instagram or Facebook, they must be credited and linked back to Kukukachu.

    7.3 You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so in writing by Kukukachu. Content provided to you by Kukukachu are to be used for personal purposes only, and not for profit or commercial purposes.

    7.4 Where Kukukachu suspects that a Client is using its information or intellectual property for commercial purposes, we reserve the right to take appropriate legal action.

  • 8. Refunds

    • 8.1 Pursuant to relevant Australian Consumer Laws, Kukukachu agrees to provide our services with due care and skill; and note that we meet a level of professional skill or knowledge to deliver the Services that we provide.

    8.2 We cannot provide a refund where a Client has changed their mind(s) about our services.

    8.3 Refunds will be provided to Clients where an accidental duplicate payment has been processed either on the fault of the Client or Kukukachu.

    8.4 We cannot provide a refund where a Client has changed their mind(s) about our services.

    8.5 Any requests for cancellations or refunds not specified above will be at the sole discretion of Kukukachu, and will be assessed on a case by case basis. Such refunds will be exclusive of any postage and handling costs.

    8.6 A refund offer of credit for other services or products of Kukukachu may be offered to clients by Kukukachu’s discretion.

    8.7 Where a Product ordered and received arrives in a damaged state, and it was a fault from us, Kukukachu, a replacement or refund will be offered.

  • 9. No warranties

    • 9.1 To the extent permitted by law, Kukukachu does make any warranties of any kind, either express or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including but not limited to, warranties of merchantability or fitness for purpose and all such warranties are hereby excluded.

  • 10. Availability, Errors and Inaccuracies

    • 10.1 As we are constantly updating our product offering, there may be times we may experience some delays in updating information on our services or product page, and in our advertising on other websites. There may be instances where there may be errors or inaccuracies found on our web page that may not be complete or current, or if products or services are mispriced, described inaccurately, or unavailable. We cannot guarantee the accuracy or completely of any information found on our website.

    10.2 We reserve the right to change or update the information and to correct errors, inaccuracies, or omissions at any time without prior notice.

  • 11. Liability

    • 11.1 Kukukachu nor any of its officers, be liable to you or anyone for any delays, errors, omissions, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, consequential or punitive damages or any legal costs arising out of, or in connection:
    11.1.1 the use of the Kukukachu website;
    11.1.2 the use of information provided by you through Kukukachu on its website and/or its platforms; or
    11.1.3 the use of any products and/or resources provided to you by Kukukachu;
    11.1.4 you or anyone else being unable to access Kukukachu for any reason.

    11.2 You acknowledge that materials on the Kukukachu website may contain technical, typographical or photographic errors.

    11.3 Kukukachu do not make any commitment to update the materials. 

    11.4 You indemnify Kukukachu harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of Kukukachu in respect of the provision of the Services to You; use of the Services, resources or products to You; and/or  any breach of this agreement by You.

    11.5 Kukukachu makes no guarantee as to the availability or suitability of services, or information on this Site or to its materials.

    11.6 Kukukachu nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of Kukukachu, including such conduct or material transmitted by means by any other person.

  • 12. Disputes and Mediation
    •

  • 12.1     If the Client has a complaint or concerns about the website, please contact Kukukachu directly through     info@kukukachu.com.

    12.2 Where disputes have occurred, mediation will be the first cause of action, if communications between the Client and Kukukachu to attempt to resolve the dispute has exhausted.

    12.3 All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.

  • 13. Choice of Law

    • 13.1 The agreement herein is governed by the law in force in the State of New South Wales and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions.

    13.2 If any of these Terms and Conditions are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.

  • 14. Law enforcement

    • 14.1 Kukukachu reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or relevant law.