Terms & Conditions
TKFR Pty Ltd,
Level 8, 350 Collins Street.
Tel: 1300 205 543
The Site allows The Kooples to offer clothing and accessories for sale under the brand name The Kooples and The Kooples Sport ("products") to Internet Users browsing or purchasing on the Site ("customers").
These general Terms and Conditions (“Terms”) apply only to Australia & New Zealand. If you are shipping outside of Australia or New Zealand, to another country which The Kooples operates an online store, please review the accompanying Terms.
All orders of a product offered on the Site imply the customer’s acceptance of these terms and conditions.
This Site is not intended for persons under the age of sixteen (16).
The Kooples reserves the right to amend the present general conditions of sale, at any time, by publishing a new version on the website.
Article 2. Products
2.1. While The Kooples always strives to display accurate product information, description or other content on our Site, it is unfortunately not possible to have a Site that is completely free of any human, technological or typographical errors. We reserve the right to correct any of these errors, at any time, without prior notice.
2.2. All products are subject to availability. Adding an item(s) to your shopping cart or wish list, does not reserve the item(s) from stock. If you have placed an order and the item is no longer in stock, you will be contacted by e-mail, at our discretion.
Prices are indicated in Australian dollars and include GST
Article 3. Price
3.1. The prices displayed on the Site are quoted in Australian dollars and are intended to be valid only in the Australia & New Zealand. These prices do not include shipping fees that may apply to your order.
3.2. The prices of products featured on the Site are subject to change at any time, at The Kooples discretion, without prior notice. Orders that have been successfully placed before any change in price takes place, will not be affected
3.3. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel orders placed for the product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a refund to your credit card account.
Article 4. Orders
4.1. You will have the opportunity to review the contents of your shopping cart, shipping and billing addresses and shipping method, before submitting your order.
4.2. After placing your order, a confirmation will be sent to your e-mail address. This e-mail will include your order number, products ordered, shipping and billing details. This confirmation is an acknowledgement that your order has been placed but may not necessarily indicate acceptance of your order.
4.3. Orders may not be accepted at the discretion of The Kooples. Examples of these occasions may be, but not limited to, if we are unable to secure payment for your order, if there are shipping restrictions to your delivery address, if the product is incorrectly stated on the Site (please see section 2.2 and 3.3, or otherwise inaccurately described), or if your order is being shipped to a PO Box or APO address.
4.4. Once an order is placed on www.thekooples.com.au, we are unable to change the details of the order. Order cancellations may be requested to Customer Service. Your order can only be cancelled, if we have not started processing your order.
Article 5. Your Account
5.1 Individuals may not set up an Account for someone else.
5.2. Please take care to enter all information carefully when creating an Account. You warrant to The Kooples that all information provided by you in relation to your Account is complete, true and accurate.
5.3. You must notify The Kooples immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
5.4. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Kooples will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify The Kooples, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.5. If The Kooples suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify The Kooples then you must pay The Kooples the amount of that loss, damage, cost or expense if The Kooples requests you to.
Article 6. Payment
6.1. www.thekooples.com.au accepts American Express, MasterCard, Visa and PayPal, as forms of payment. You will be charged for your order, shortly after it has been placed.
6.2. You will be charged GST for orders that are shipping to Australia.
6.3. By placing an order on the Site, you are confirming that the method of payment being used (credit/debit card/PayPal) is yours and the details you are inputting are accurate and whole. This may include, your name, shipping and billing addresses, payment details.
Article 7. Delivery
7.1. The Kooples will always strive to meet the time frames of the delivery method chosen. Please note, all delivery times frames are estimates, starting from when your order has completed processing.
|Shipping Method||Shipping Information||Cost|
|Standard||Receive your order within 2-10 business days.||$0|
Free for purchases over $500
Place before 2PM AEST to receive within 1-3 business days
7.2. Orders placed Monday-Friday before 2pm Australian Eastern Standard Time (“AEST”) and accepted by The Kooples, will begin processing that day. We will always work to meet the timeframe for the shipping method selected (Standard or Express delivery). Orders placed Monday-Friday after 2pm AEST will begin processing the next business day.
7.3. The Kooples does not process, ship or deliver orders on Saturday, Sunday or public holidays. Orders placed on these days will be processed the following business day.
7.4. The order will only be delivered to the shipping address provided on the order. The shipping address cannot be amended, once the order has been placed.
7.5. Orders placed on the Site can only be shipped to addresses within the Australia & New Zealand.
7.6. We are unable to ship orders placed on www.thekooples.com.au to APO/FPO addresses, or P.O. boxes.
Article 8. Returns & Exchanges - Online
8.1. You are welcome to return your online order, within 14 days, from date the order is shipped, using the free returns service Returns must meet the conditions of our return policy below, to qualify for an exchange, credit note or refund:
- Items must be its original condition (unworn, unwashed, and unaltered).
- Items must have all tags attached.
- The return form must be completed.
. 8.2. To utilize the free return service and ship your products back to the Chadstone store, please complete the below steps:
1. Fully complete the returns form and include this in your package, along with the product(s) you would like to return.
2. Take the prepaid Australia Post shipping label (included in the package), and attach this to the outside of your package. If you are using the box your order was delivered in, please ensure to remove your previous return label or cover any old labels and barcodes.
3. Drop your package off at your local Australia Post store, Australia Post Box or arrange a collection with Australia Post.
4. Your package should arrive within fourteen (14) days of shipment date, back to our Chadstone store.
Chadstone Shopping Centre
1341 Dandenong Road
Please note only purchases made on the Site, can be returned via this method. If you return more than one product for the same order, at a different time, The Kooples is not responsible for the second Australia Post shipping label.
8.3. Online orders made on www.thekooples.com.au, can also be returned or exchanged in any of our standalone Kooples Boutiques, located in Australia operated by TKFR Pty Ltd. Returns must meet the conditions specified above. You must also provide the returns form along with your original form of payment. Refund will be provided to the original form of payment.
8.4. The Kooples is not responsible, for item(s) returned using any method, other than the outlined procedures in our Terms and Conditions.
8.5. At this time, orders cannot be exchanged for online purchases. You are welcome to return orders you wish to exchange by using the free return service. A new order can then be placed at your convenience online on www.thekooples.com.au.
Article 9. Refunds – Online Only
9.1. Where The Kooples is obliged to refund your payment pursuant to these Terms and Conditions, The Kooples will process your refund within 2 business days (Monday – Friday, 9:00 to 17:00, AEST time). It may take additional time to receive refund, as a result of processing times outlined by your chosen financial institution.
9.2. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Kooples will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Article 10. Returns & Exchanges – The Kooples Boutique
10.1. You are welcome to return your purchase for an exchange or credit note, within 14 days of purchase, if your item(s) meet the conditions of our return policy:
- Items must be its original condition (unworn, unwashed, and unaltered).
- Items must have all tags attached.
10.2. Refunds are not available for purchases made in store.
10.3. Exchanges can be made, when the conditions of the return policy are met. For exchanges that are greater than the value of the item the customer is exchanging, the customer will have to pay the difference. For exchanges that are less than the value of the item the customer is exchanging, a credit note for te difference will be issued. The Kooples boutiques in Australia are unable to provide any returns or exchanges for items purchased outside of The Kooples boutiques in Australia, for example international Kooples boutiques, online stores or department stores.
10.4. Sale items cannot be exchanged or returned.
Article 11. Personal Information
Article 12. Intellectual Property Rights
The Site and its content, photographs, images, data or other materials that are made available through the Site, are the property of The Kooples, or, where applicable, independent content providers and third parties, and are protected by copyright, trademark and other intellectual property laws. Except as expressly authorized by The Kooples or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.
THE KOOPLES is a trademark of The Skullhead Luxembourg SARL and licensed to The Kooples. You may not use any trademark or service mark appearing on the Site without the prior written consent of The Kooples or the owner of the mark.
Article 13. Limitation of Liability
In no event, including but not limited to negligence, shall The Kooples, its partners, subsidiaries, affiliates and their employees, be liable, whether in contract or in tort, for any special, indirect, punitive, incidental or consequential damages, including but not limited to resulting in loss of profit, income, savings, or business, that arises from the use, or the inability to use the materials on the site, these terms or any product or service provided through the site. In no event, shall The Kooples’ liability exceed 100% of the price of the product you have paid through purchasing on the site. Applicable jurisdictions may not allow the limitation or exclusion of liability for consequential or incidental damages, in such cases, liability is limited to the fullest extent permitted by law
Article 14. Disclaimer
The Kooples site, content, tools and services are provided “as is, as available”. The Kooples disclaims warranties of any kind, express or implied, to the fullest extent permitted by law, including but not limited to accuracy, non-infringement, fitness for a particular purpose, merchantability and security. The Kooples does not warrant that the site and its content will be error-free, uninterrupted or secure, any errors on the site will be corrected or the site will be free of viruses or other harmful components. using the site and its content is wholly at your own risk and responsibility.
Article 15. Events Outside of Our Control
The Kooples will not be held responsible for the non-execution or delay, whether it be total or part of its obligations (as per these Terms) if the events are out of our control. These events may include a disturbance, strike, flood, fire, adverse weather or any other natural disaster, failure of public or private communication networks and failure of mobility for any means of public or private transportation.
Article 16. Links to Third Party Sites
This Site may include links to third party sites. This does not establish sponsorship or endorsement by The Kooples of these third party sites. The Kooples is not responsible for the availability, content, security, services, privacy, advertising, policies, or practices of third party sites. By choosing to access the site, you are proceeding at your own risk.
Article 17. The Contact in its Entirety
The present Terms of Sale and the summary of the order sent to the customer constitute a contract of sale an integral summary of the agreements that occur between the parties.
Article 18. Applicable Law – Competent Jurisdiction