Terms & Conditions
Website User Terms
Accepting these Terms
This document and all the other documents that we refer to within this document constitute the legal basis upon which we agree to offer and you agree to use our Site and our Services and to buy our Goods. By using any of our Site, Goods or any of our Services, you’re agreeing to these Terms; even if you are just browsing on our website. If you don’t agree to our Terms you can leave the Site and/or decide not to use our Services or buy our Goods.
Content means without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Content also includes all user content (as referred to below).
Force Majeure Event means any event outside our reasonable control including acts of God, war, riots, strikes, lock outs, trade disputes, break downs, mechanical failures, interruptions of transport, government action, pandemic, epidemic or any other cause whatsoever, whether or not of a like nature to those specified herein.
Goods means any products available for purchase on the Site.
Intellectual Property Right means any patent including any divisional patent, registered or unregistered design, patent, registered or unregistered trademark, copy-right including moral rights, trade secret, get up, know how, trade dress or any other proprietary right of a third party or parties, registered or unregistered, in any country arising or related to any of our Goods or Services.
Services means our website and other services.
Site means https://koco.global/
Your Account with Us
You will need to set up an account with us to use some of the features of the Site or the Services and purchase Goods from us unless we provide the option to log in as a “Guest”. Here are a few rules about accounts with us:
- You will be required to provide full and accurate information about yourself.
- You must be 18 years or older.
- You take full responsibility for all activity on your account. If you register as a business entity, you personally guarantee that you have the authority from the business entity to agree to the Terms on behalf of the business. If you choose to share an account with another person, or other people, (for example by telling them your password) then the person whose billing information is on the account will ultimately be responsible for any activity.
- A username that is offensive or infringes anyone’s intellectual property rights is in breach of these Terms.
- These Terms don’t create any partnership, joint venture, employment or franchisee relationship between you and us.
- You may choose to terminate your account with Us at any time. In order to do so, you will need to email email@example.com for your account to be terminated.
- We may terminate or suspend your account and your access to the Services or Goods at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services or to buy Goods from us. We may refuse service to anyone, at any time, for any reason.
Prices, Availability, Products
All prices listed on the Site are subject to change and unless otherwise stated are in Australian dollars. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or other account charged. If your credit card or other account has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card or other account in the amount of the charge.
Please note that the colours of items and products may depend on your monitor and may not be correctly displayed.
The availability of products and other items on the Site may change at any time, without notice.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof).
Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy will be one of the following:
- we will issue a credit to your credit card or other account in the amount charged for the cancelled portion or the quantity not provided (if your credit card or account has already been charged for the order); or
- we will not charge you for the cancelled portion of the order or the quantity not provided.
For each product you order through the Site, you agree to pay the price applicable for the product (including any sales taxes, customs, duty, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless we have agreed to an alternate billing arrangement in writing signed by Us, Handknits will automatically bill your credit card or other account submitted, via the Payment Processor, as part of the order process for such price. All prices are non-refundable.
We use a third-party payment processor (the “Payment Processor”) to process your payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor.
Payment Processor & Third-Party Services
We partner with Stripe and other third parties from time to time to facilitate payments by buyers. Such entities are regulated and authorised to provide payment services in the countries where they operate. We may share your personal or transactional information with those third-party service providers when it's necessary to process payments.
By using a third-party service, you may also be subject to an agreement with the third-party. For example, Stripe is a third-party service and is subject to a user agreement. If we receive notice that a listing or transaction violates a third party’s service agreement, we may have to take action against your account, such as cancelling a transaction.
Our Rights and Responsibilities
We reserve the right to decline transactions that we believe to be high risk, fraudulent, or in violation of our Terms.
All prices are GST/VAT exclusive. All other taxes, customs, import/export charges, or similar governmental charges are also not included in the price of the Products.
Shipping and Delivery
We deliver our products via third party service providers. You acknowledge that delivery date estimates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in instalments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient's address. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
Once each item has been packed for shipping, you will receive an email confirming your items are on their way.
Unless otherwise stated freight and insurance costs are not included in the price of the Products and are an additional cost.
Returning an Item
Please note, items made by Handknits are made-to-order and are one-of-a-kind. Therefore, to the extent permitted by law, Handknits does not offer refunds if you simply change your mind or have made a wrong decision about your purchase.
If you receive an item that is faulty, you must notify us via email within 48 hours of receipt of receiving your product and provide us with the following details:
- your order number,
- photo of the Goods displaying the faults;
- item number and description, and
- reason for return
Once we have considered your request, Handknits will advise you of the outcome of your request. If approved, Handknits will at its option, refund, repair or replace the Goods (a replacement may not always be possible depending on stock availability).
The Goods are returned to Us at the buyer’s expense (except where it has been determined a faulty product by Handknits).
The returned Goods must be in their original packaging and in unused and re-saleable condition (with tags attached). Handknits reserves the right to refuse a return, should this not be the case.
For returns outside the return policy, Handknits reserves the right to not accept the return or issue store credit in place of a full refund.
Only we may cancel transactions. Buyers may request that we cancel an order via our Customer Service Team, however we retain the ultimate discretion as to whether we will agree to cancel an order.
Customer Queries and Complaints Management
We provide a case management system in the unlikely event your purchase does not go as expected. You can use our case management system, with support from our Customer Service Team to come to a resolution in the event of a non-delivery, or if an item you receive is not as described in the listing. All you need to do is email firstname.lastname@example.org. You can file a case under the following circumstances:
A Non-Delivery occurs when a buyer places an order and submits payment, but the item is not shipped or is shipped to an incorrect address. The following are examples of Non-Delivery cases:
- An item was never sent.
- An item was sent to an address that is not on our receipt or was not verified through Australia Post/FedEx or similar postal services’ address verification.
- There is no proof that the item was shipped to the buyer’s address.
Where there is a Non-Delivery due to the buyer providing an incorrect shipping/delivery address, then the buyer will bear the cost of having the Goods re-shipped and re-delivered.
Handknits will not be responsible for any delays or lost Goods associated with Australia Post/FedEx or other postal services.
An item is Not as Described if it is materially different from the listing description or photos on the Site.
The following are not eligible for our case management system:
- Items that are returned without approval by Handknits;
- Items that have been altered, used, worn or washed after receiving them;
- Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer;
- Items that are received after the agreed-upon delivery date due to shipping delays;
- Cancelled transactions that have already resulted in a refund.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site or Services is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged, a credit will be issued to your credit card.
If you use scripts, bots or any fraudulent means to obtain credits, including but not limited to setting up fake accounts or creating more than one account per household, those credits will not be honoured. If credits are granted as a result of you purchasing a product and you cancel that order, your credit will be revoked. If credits are granted as a result of you purchasing a product and then you return that item, your refund will be the difference minus the credit you obtained from purchasing that product. Moreover, if you attempt to obtain credits by placing orders and then cancelling or returning those or parts of those orders, your credits will not be honoured. We reserve the right, in our sole discretion, to not honour credits for any reason whatsoever, including without limitation situations where you have not obtained credits in good faith or in compliance with these Terms.
Availability of Content
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all; and (b) to remove or block any Content from the Services.
We May Discontinue the Services
We reserve the right to change, suspend or discontinue any of the Services or the Goods offered for sale at any time, for any reason. We will not be liable to you for the effect that any changes to the Services or the Goods offered for sale may have on you.
Warranties and Limitation of Liability
- Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted through the Services. Us is not responsible for the accuracy, copyright compliance, legality or decency of content posted that you accessed through the Services. You release us from all liability relating to that content.
- We are dedicated to making our Goods & Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Goods & Services are provided “as is” and with limited warranties. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Otherwise to the fullest extent permitted by law, we expressly disclaim any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. We do not guarantee that: (i) the Goods or Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Goods or Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Goods and Services solely at your own risk.
- Liability Limits. To the fullest extent permitted by law, neither us, nor our employees or directors shall be liable to you for any lost profits or revenues, any increased costs or expenses, any loss or expense resulting from a claim by a third party, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Goods, Services or these Terms. In no event shall our aggregate liability for any damages exceed the greater of one hundred ($100) AUD Dollars or the amount you paid us in the relevant transactions. Hand Knits Pty Limited is not responsible and accept no liability for loss or damage arising from Website failures or downtime.
This Agreement is not for a sale by sample, even if a sample was inspected by the buyer or exhibited unless expressly agreed to:
- the Customer will rely on its own knowledge and expertise in choosing any product for any purpose.
- any advice or assistance given for or on behalf of Handknits must be accepted at the buyer’s risk and must not be or be deemed given as expert or adviser nor to have been relied upon.
All Intellectual Property Rights whether registered or unregistered and including any improvements or modifications in or relating to the Goods are our exclusive property and the Customer will have no rights in respect of the said Intellectual Property Rights.
If we get sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend us (including any of our officers & employees) and hold us harmless from any legal claim or demand (including reasonable legal fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to defend the matter however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our defence strategy.
The Terms are governed by the laws of New South Wales, Australia. These laws will apply no matter where in the world you live.
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes on our Site or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Entire Agreement, Severability, Waiver & Assignment
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Us regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
We are not liable for any delay or any breach or default under these Terms due to any act of God, labour dispute, pandemic, epidemic, difficulty in procuring materials, accidents, legislative restrictions or other act whatsoever (where similar or not to the forgoing) beyond our reasonable control.
The Terms will remain in effect even after your access to the service is terminated, or your use of the service ends.