TERMS AND CONDITIONS

Thank you for visiting www.kusskuss.com.au.

Access to and use of this Website and the goods and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. Although you may “bookmark” a particular portion of the Website and thereby bypass these Terms, your continued use of the Website indicates your continued acceptance of these Terms and your acknowledgement that you are still bound to the Terms. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website also contains links to other websites, which are not operated by KussKuss (the “Linked Sites”). KussKuss has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Our privacy policy, which sets out how we will use your personal information, can be found at Privacy Policy. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.

Legal Information / Use of the Website

The Website is owned and operated by KussKuss Bridal and Cocktail.

The intellectual property rights in all software and content made available to you on or through this Website remains the property of KussKuss or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by KussKuss 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, distribute or otherwise reproduce, 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.

All design and content featured on the Website, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned or controlled by KussKuss. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of KussKuss. The Website in its entirety is protected by applicable copyright, trademark and trade dress laws. All rights, titles, and interests are reserved by KussKuss.

The contents of the Website and the Website as a whole are intended solely for your personal, noncommercial use. Any use of the Website and/or any of the content posted on the Website for any purpose other than personal and noncommercial is prohibited without the express prior written permission of KussKuss. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Website for any commercial purpose. KussKuss grants a limited, non-exclusive, restricted, non-transferable, non- sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Website for your personal, noncommercial use only. All other rights are reserved to KussKuss.

By using this Website, you agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; 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 Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. KussKuss will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

The use of automated systems or software to extract data from this Website for commercial purposes, (“screen scraping”) is prohibited without consent of Kusskuss.

Registration

Where you register for any area of this Website, the following terms and conditions apply.

You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.

KussKuss reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.

If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your KussKuss account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.

Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your KussKuss account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your KussKuss account(s).

Promotion Codes

From time to time, we may offer promo codes which may apply to any, or certain specified purchases made through the KussKuss Website. Each promo code will be subject to specific terms & conditions specified at the time the promo code is issued (including the length of time to use the code) in addition to those mentioned in these Terms of Use.

There are two ways of receiving a promo code:

  • We may send one to you via email for reasons such as, without limitation, your birthday and your KussKuss anniversary.
  • We may offer promo codes on the KussKuss Website that you can apply at checkout in order to receive a specific discount from us.

Only one promo code can be used against an order at any one time.

  • A promo code can’t be applied to an order after that order has been placed.
  • Certain product category exclusions may apply so we’ll let you know if you can’t use your promo code on anything before you complete your purchase.
  • If the promo code has expired, you won’t be able use it.
  • We’re afraid we can’t accept any responsibility once we have given you a promo code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the promo code being cancelled.
  • If a promo code is offered on the KussKuss Website and can’t run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the promo code, we reserve the right to cancel, modify or suspend the promo code.
  • Promo codes are non-transferable and cannot be exchanged for cash. If you receive a promo code, it can only be used by you on your own KussKuss account for the purpose for which it was issued. You must keep it confidential and only use it for making your own orders on KussKuss. Don’t pass your code directly on to others or make it available to others (for example, posting it on social media or on a forum). If we believe that at the point of purchase or retrospectively you are abusing the use of promo codes in any way (for example, selling them to others), we reserve the right to cancel your promo code or suspend/close your KussKuss account without letting you know beforehand.
  • We reserve the right to amend these terms and conditions at any time.

Terms of Sale

By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with KussKuss you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. KussKuss retains the right to refuse any order made by you.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.

a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.

b) Availability and Pricing

At KussKuss, we go out of our way to select the kind of distinctive merchandise and dress makers for which the KussKuss brand is recognized. Please understand that many of the items featured on the Website are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Website again. When an item featured on the Website is no longer in stock, we make every attempt to remove that item from the Website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us by email at [email protected].

We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, due to monitor discrepancies, we cannot guarantee that your display of colour will be accurate.

We endeavour to present the most recent, most accurate, and most reliable information on the Website at all times. However, there may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. We reserve the right to amend errors or to update product information at any time without prior notice. We may refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

In the event a KussKuss product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, KussKuss shall have the right to refuse or cancel any orders placed for product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If we discover an error in the price 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 you cancel and you have already paid for the goods, you will receive a full refund.

c) Payment

Upon receiving your order, our billing agent carries out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.

The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.

Even though we may use a local billing agent to invoice and collect payment for the goods you purchase, you will be responsible for importing any goods you purchase from us into Australia, and any shipping we provide is on your behalf.

d) Shipping and Import Fees

Delivery costs and GST are included in our prices for Australian customers. Please contact us by email at [email protected] if you are located outside Australia and we can provide a quote for shipping costs before you place an order. Fees assessed in customs are based on import, brokerage, duties, and taxes, and are not included in the order amount at checkout. They will be assessed upon delivery by the postal carrier, and must be paid by the order recipient. Please contact your local customs office for more information. When orders shipped internationally reach the destination country, they may be subject to customs clearance procedures which can cause delays beyond original delivery estimates. Some items may be unavailable for export. Should this affect your order, we’ll contact you with any order changes.

e) Returns

You are responsible for the costs of returning goods to us, unless the product is faulty. Any goods returned are your responsibility until they reach our designated address. KussKuss is not responsible for goods that are lost or damaged during transport. It is recommended insurance is purchased for your return parcel. Please ensure you package your return to prevent any damage to the goods or boxes. We are not responsible for any goods that are returned to us in error.

Returned goods must be in their original condition, which includes any packaging. For example, bridal dresses are to be returned along with the dust bag and tag. Refund will not be provided if the item is washed, damaged, altered or stained. All goods will be inspected upon return.

All international orders are final sale. Please consider your purchase carefully before placing an international order.

 Returning goods if they are faulty

You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be 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.

If you think that there is a fault with the goods you have received, please let us know straight away by sending an email to [email protected]. Please include as many details as possible about the order and the problem with the goods.


–  Returning goods if you change your mind or need a different size

You can return any “ready-to-wear” products within 5 days of receipt for a refund. We will refund the monetary value of the goods returned to us, at the price you purchased them. Please contact us by email at [email protected] for our return address and specific instructions regarding returns. Please allow us 3 working weeks from the date that we received your item to process your refund. We do not exchange the products into a different size or colour. You will need to have the original order refunded and place a new order.

Please note we are unable to provide a full refund for any “made-to-order” or ‘be mine’ dresses (unless they are faulty) as they are made to your measurements and we are unable to sell the dress to another customer. Please consider your purchase carefully before placing an order.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, KussKuss and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect KussKuss’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Indemnity

You agree to indemnify, defend and hold harmless KussKuss, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.

Variation

KussKuss shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

We make every effort to deliver the perfect dress for you. However if you have a complaint about KussKuss, please contact us by email at [email protected].

Correspondence

Although we will make every effort to respond quickly to applicable e-mail messages, kusskuss.com.au is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions.

While we welcome your comments and feedback regarding the Website, our merchandise and our services, please do not send any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to KussKuss shall become and remain the property of KussKuss, except as set forth below. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the owner of KussKuss.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the non-exclusive jurisdiction of the Australian courts.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and KussKuss.