Terms & Conditions

The Websites are operated by KABUKI Swim and KABUKI Active. As a condition of use of the Websites you agree to the terms and conditions of use as set out below. Should you not agree to these terms and conditions of use then please leave the Website now.

SALES TERMS & CONDITIONS

In these Sales Terms and Conditions (Sales Terms) "we", "us" or "our" mean DISAYA GLOBAL PTY LTD trading as KABUKI Swim and KABUKI Active (ACN 95 637 879 782), its successors and assignees, (referred to as " we", "us" or "our") and you, the person, organisation or entity that purchases products or related services from us (referred to as "you" or "your"), and collectively the Parties. These Sales Terms apply to all sales made by us to you. These Sales Terms are available at www.kabukih.haus (Site).

These Sales Terms form the agreement under which we will supply products and related services to you. Please read these Sales Terms carefully.

If you have any questions, please contact us using the contact details below, before you purchase products or related services from us.

You accept our Sales Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access these Sales Terms and contact us, that you have read, accepted and will comply with these Sales Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order products or services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Sales Terms, you should not purchase from us.

Our Website Terms of Use set out the terms and conditions for using the Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on the Site.

ONLINE STORE PURCHASES

Any order placed by you on the Websites in the manner described in the Website is an offer by you to purchase particular Products for the price specified (including the delivery costs and other charges and taxes), and in accordance with these Terms and Conditions as are applicable at the time you place your order.

  1. The Seller reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any Products, an error in the price or the description of Products on this Website, or an error in your order.

  2. You are not entering into a contract with the Seller until the Seller forwards confirmation of receipt of your order and payment.

  3. It is your responsibility to check the order details, including product/service and pricing, before you complete your order on the Site.

  4. We will provide you with order details, which may include an order number, an order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on the Site and your payment has been validated.

  5. Orders accepted by the Seller may not be cancelled or altered in whole or in part by you without prior written consent from the Seller.

  6. The Seller may decline by notification to the Purchaser, any order in whole or in part, at any time prior to delivery of the Products. If the Seller does so, the Seller will be under no obligation in respect of the order.

  7. Payment of any order placed by you on the Website will only be accepted by credit card or PayPal (or such other payment means as may be approved by the Seller from time to time).

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

 

PRICE AND PAYMENTS:

  1. You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a product/service, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any delivery and insurance charges will be separately shown.

  2. You must pay for the product or services by one of the methods set out on the Site, and using the Stripe© payment software platform. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

  3. Prices of Products and delivery and other charges displayed on this Website are current at the time of issue, but may change at any time and are subject to availability.

  4. The Seller reserves the right to vary its prices, without notice to the Purchaser, up to the time when final confirmation of the order is given by the Seller.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

AUSTRALIAN CONSUMER LAW, REFUND AND EXCHANGE POLICY

  1. ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

  2. Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for 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. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure." Please note that products marked SAMPLE are discounted because of known faults and you buy at your own risk. SAMPLE products are NOT eligible for return. Swim bottoms are NOT eligible for return or exchange due to hygiene reasons.

  3. Nothing in these Sales Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a "consumer" under the ACL is governed solely by the ACL and these Sales Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

  4. Except for your Statutory Rights, all products and services are provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

REPAIR, REPLACEMENT OR A REFUND

  1. If you wish to seek repair, resupply, replacement or a refund for a product or service, please contact us and we will explain the requirements to you. This may include you providing proof of purchase, returning the faulty item(s) to us and/or evidence of the faulty product to us. Please note that products marked SAMPLE are discounted because of known faults and you buy at your own risk. SAMPLE products are NOT eligible for return.

    Exchange and Refunds Policy (excludes SAMPLE products and swim bottoms): We offer exchanges and/or refunds only where the products:

    1. are faulty (other than where the fault is caused by you) or are misdescribed by us (as determined by us in our sole discretion); or

    2. are the incorrect size (and we are unable to offer an exchange for the correct size).

  2. We will not offer an exchange or refund for any other reason. Items must be returned to us within 30 days of your receipt of the order to be eligible for an exchange or refund. Items returned beyond this period will not be accepted by us, and will remain your responsibility. All items need to be returned to us in their original condition, in the original packaging, unworn, unwashed, and complete with original labels, tags, and promotional items to be eligible to be exchanged or refunded. If you are entitled to a refund or exchange, we will only grant you the refund or exchange once evidence of the faulty product or misdescription is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund or exchange under these Sales Terms. Any refund we make will be by the same payment method used to purchase the product or service. We will only exchange items of equal or lesser value, limited to change of design, size or colour, and subject to availability. In relation to products that are the incorrect size, we will only offer refunds where the product in the required size is unavailable, and only if the returned product complies with this clause. We will not be responsible for the payment of any delivery costs or any import or customs duties, taxes, levies or other liabilities that may apply.

3. You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse.

4. You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.

5. We do not accept returns for change of mind circumstances.

DELIVERY

Orders are delivered by the method of delivery offered by the Seller and selected by you during the order finalisation and confirmation process on the Websites.

  1. Deliveries within Australia will be carried out by Australia Post and DHL and the Purchaser should allow for approximately 3 business days from the date of confirmation of order to delivery of the Products. Allow up to 10 business days during a sale.

  2. Deliveries outside of Australia will be carried out by DHL and the Purchaser should allow for approximately 3 weeks from the date of confirmation of order to delivery of the Products.

  3. Any time quoted for delivery is an estimate only and the Seller shall not be liable to you or to any other person for any loss or damage howsoever arising as a result or consequence of any failure to deliver or any delay in delivery resulting in the Products arriving later than estimated delivery times.

  4. You shall not be relieved of any obligation to accept or pay for Products by reason of any delay in delivery.

  5. Where you request the Seller to deliver Products directly to another person, that person takes possession of the Products for you as your agent, but you remain directly responsible to the Seller under these Terms and Conditions.

INTELLECTUAL PROPERTY RIGHTS

  1. Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights).

  2. We own all Intellectual Property Rights in the Site, business, products, services and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.

  3. You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as onsale to third parties.

LIABILITY

  1. While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.

  2. We do not accept liability for any loss or damages caused by this website, or any website linked to this website.

  3. Our liability is governed solely by the ACL and these Sales Terms.

  4. We take no responsibility for, and will not be liable for the Site or the products or services being unavailable; and

  5. We will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage.

SOCIAL MEDIA POLICY

Our social media pages are a place of inspiration and encouragement for women all around the world, to spread our eco-friendly message and to give back to animals via our charity partnerships. While we do our very best to read and respond to as many comments as possible, please understand at times this may not be the case. If your enquiry is urgent or if you would like to discuss a matter further, please contact our us via email at hello@kabuki.haus.

If you tag any images with any of our brand social media handles, (@kabukiswim and @kabukiactive), you are voluntarily submitting the content and give KABUKI Swim & KABUKI Active the unrestricted right to use, in any capacity without limitation and compensation.

KABUKI Swim & KABUKI Active, in its complete discretion, reserves the right to remove posts it considered offensive, irrelevant, hurtful or spam. Promotion for commercial services will be removed unless prior permission has been received, is an official Lorna Jane partner or is a non profit organisation aligned with the values of KABUKI Swim & KABUKI Active