Terms of Service

Last updated: Nov 25, 2024 at 3:18pm AEDT.

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the www.kyhastudios.com.au, www.kyhastudios.com or usa.kyhastudios.com.au website (and any mobile or App versions) (the "Website") operated by KYHA Studios Pty Ltd, a(n) Company formed in Victoria ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Our Australian Business Number is 60 159 556 788. Our Australian Company Number is 159 556 788. Our address is 333 Police Road, Mulgrave VIC 3170. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our Offers and Pricing

We offer goods on this Website. The price of these goods can be found listed on the Website. Prices will be listed in the following currencies based on your location:

- Australia and New Zealand, prices will be listed in AUD

- United Kingdom, prices will be listed in GBP

- Europe, prices will be listed in EUR

- Canada, prices will be listed in CAD

- Rest of World, prices will be in AUD

For orders within Australia, sales tax (GST) will be included in the sale price.

For orders to New Zealand, sales tax (GST) and import duties will be included in the listed sale price.

For orders to countries outside of Australia and New Zealand:

- sales tax will not be included in the sale price and will be added to your Order Price at checkout based on the sales tax applicable to your country, for example GST or VAT as may be appropriate; and

- orders are shipped on a Delivery Duty Paid (DDP) basis, which means that we pay import duties on your behalf and you will not have to pay additional fees when your order arrives in your country.

Shipping costs and additional fees applicable for rush orders or for Split Sizes for made to order gowns will be additional to the sale price, and added to your order. An order for a made to order gown will be considered a rush order if it is placed outside of ordinary production times for that gown.

Purchases

Online:

You will pay us the full price of the product(s) you purchase plus any applicable sales tax and / or additional fees applicable to your order (for example, fees for rush orders or Split Sizes) ("Order Price"). Once you have placed your order, you will receive an estimated shipping date.

In Studio:

When you place an order in one of our retail Studios, you will pay us the Order Price plus any additional fees applicable to your order (for example, additional fees for rush orders or Split Sizes) either:

(a) in full at the time of placing your order; or

(b) in two instalments, being an initial deposit of AUD$1,500 including GST plus any additional Rush Fee at the time of placing your order, and the remaining balance plus a $99 instalment administration fee on or before 12 weeks from the date of the order (Instalment Payment Option).

The Instalment Payment Option incurs an additional administration fee of AUD $99. If you choose to the Instalment Payment Option to pay the Order Price, you acknowledge and agree that the $99 Administration Fee will be added to your Order Price.

The Order Price must be paid in fully no less than seven (7) days prior to your agreed pick-up appointment or shipping date (if your order is to be shipped to you rather than collected in Studio). For the avoidance of any doubt, we will not commence producing your order until you have paid the Order Price in full or placed the initial deposit for the Order Price in accordance with the Instalment Payment Option.

Any payments which are overdue by ten (10) days will be subject to a late payment fee of 10% of the total overdue amount on an annual basis calculated daily.

Once you have placed your order, we will schedule your pick-up appointment (or shipment date if you prefer to your order to be shipped to you directly rather than collected in Studio) on a date no earlier than minimum of four (4) months after the date of your order, unless your order is a Rush Order.

Payment Method:

To pay the Order Price plus any additional fees (if applicable) you will be using a third party payment processor, Stripe or Shopify, or other provider we may use from time to time at our discretion, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by third party payment processors. The following payment method(s) are accepted by the third party payment processors:

- Online: American Express, bank transfer, MasterCard, and Visa; and

- In Studio: Bank transfer, Mastercard and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Alteration Services:

Our products, including made to order gowns, are made in set sizes and are not made to fit individual measurements. If you order any gowns or other garments from us, you must engage an independent alteration specialist to carry out alterations to tailor the gown or other garment to your desired fit, including the hemming of gown lengths (Alteration Services). At a minimum for gowns, you will require an alteration of the hem.

It is your responsibility to engage an alteration specialist to carry out your Alteration Services. It is at your discretion and choosing who you elect to undertake your Alteration Services. We cannot provide you with an estimate of costs for external Alteration Services.

You acknowledge and agree that we will not be liable for any loss or damage suffered by you resulting from Alteration Services performed on your product(s) by you or a third party.

Cancellation Policy

We reserve the right to cancel your purchase if:

(a) you breach any of the terms of these Terms;

(b) we are no longer engaged in trade or commerce;

(c) any amounts owing to us by you are overdue by more than 30 days; or

(d) the product is no longer available.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

You may cancel an order for a made to order gown no less than two (2) months prior to the estimated shipment date to be eligible to receive a partial refund as follows:

(a) 40% refund of the total purchase price for Standard Size gowns; and

(b) 10% refund of the total purchase price for Split Size gowns.

Made to order gowns cannot be cancelled within two (2) months of the estimated shipment date (for online) or pick up date (in Studio). If you have a change of mind within (2) months of the estimated shipment date or pick up date (whichever is relevant), the order will be completed as if you had not had a change of mind, and the options for exchange or store credit outlined in these Terms will apply. Made to order gowns made in a custom split size cannot be returned for exchange or store credit.

Refund and Exchange Policy

Ready to Ship Products:

Ready to ship products which are purchased at full price (excluding gowns, customised products, Renew gowns or sale items) that are returned in perfect and saleable condition with all original tags and packaging are eligible for a refund, store credit or exchange for change of mind.

Gowns:

Ready to ship gowns and made to order gowns in standard sizes that are returned in perfect and saleable condition with all original tags and packaging are eligible for exchange or store credit only.

Gowns made in a custom split size cannot be returned or exchanged unless faulty, in which case, the process for faulty products outlined in these Terms will apply be followed.

Upon receipt of your returned gown, we will undertake a quality check to confirm the gown is in perfect and resaleable condition. If it is, we will provide you with a store credit or exchange at your election.

Customised Product:

Customised products are personalised for our customers and therefore are not eligible for exchange or return unless faulty, in which case, the process for faulty products outlined in these Terms will apply.

Renew or Sale Items:

All sale items are final and are not eligible for return or exchange unless faulty, in which case, the process for faulty products outlined in these Terms will apply.

Store Credit:

Any store credit issued to you in accordance with these Terms will be valid three (3) years from the date of issue.

ARRANGING YOUR RETURN OR EXCHANGE:

If you wish to return a ready to ship product or products, you must, at your own cost, arrange the return of the product or products to us within 5 days of the product(s) being delivered to you, using our preferred carrier. The product(s) must be in perfect and resaleable condition. You must carefully complete the return slip included in your initial delivery parcel and include it in your return of the product(s) to us. The return address is:

KYHA Studios Pty Ltd

ATT: Returns

333 Police Road

Mulgrave VIC 3170

AUSTRALIA

The product(s) being returned remain your responsibility until received by us and as such, are returned at your risk.

Shipping Policy

For orders placed online, or orders placed in Studio with agreed shipping rather than collection / pick up in Studio, we will ship the order to you via a third party shipping carrier. For delivery within Australia, we use Australia Post or other national provider from time to time at our discretion. For international delivery, we use DHL and FedEx, or other international provider from time to time at our discretion. The shipping will be governed by that third partys Terms of Service and other applicable policies.

For Online orders, the cost of shipping will be calculated and presented to you during the checkout process. You will be given an estimated shipping date after confirmation of your order.

For Studio orders, the cost of shipping will be calculated and added to your order at the time of placing the order or at a later time should you request your order to be shipped to you (instead of pick-up / collection) after placing your order. Your estimated shipping date will be the date that would have been allocated to you for your pick-up appointment had you been collecting your order in Studio. In the event you have already paid the Order Price in full at the time of requesting shipping instead of pick-up / collection, you will be charged the cost of shipping separately.

You acknowledge that scheduled completion dates (for made to order gowns or garments) and shipping timeframes provided to you may be delayed as a result of factors outside our reasonable control (for example, where your sizing has changed or due to an act of god or natural disaster or pandemic) ("Force Majeure Event"). It is your responsibility to allow for unforeseen delays when choosing the time to place your order based on your wedding date or event date.

If your order is being shipped to you, you will receive a tracking number to your nominated mobile phone number and / or email. It is your responsibility to cooperate with or provide any information required by customs (for orders outside of Australia) or the third party shipping provider. We will not be held liable for any loss suffered by you if you fail to do so.

Warranties Given by Us

We warrant that we will provide our products in accordance with the warranties which are guaranteed, and cannot be excluded, under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

If there is a minor defect with the product you have purchased that is capable of remedy, we will remedy that defect within a reasonable time and cover the cost of shipping of the product in order to do so. We may remedy the defect at our option by either:

(a) fixing or repairing the product;

(b) replacing the product with an incidental product; or

(c) refunding the order price.

If there is a major defect with the product you have purchased, it will be managed in accordance with the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) including by, at your election, providing a refund or replacing the product, provided that you return the defected product to us, at our cost.

To lodge a warranty claim, you must immediately stop using the goods or services and contact us at the information provided below. We will not provide a refund of the costs incurred in lodging a warranty claim.

Warranties Given by You

Size Selection:

For orders placed online, you agree and acknowledge that you have elected to order your product in the size you have selected online, and that you are responsible for checking your measurements on our size chart to determine what your closest size is. We are able to assist you to choose appropriate standard sizing for gowns or other garments by assisting you with taking your measurements over the phone or video chat, however, you agree and acknowledge that you are responsible for relaying to us what you believe to be an accurate and true measurement of your bust, waist and hips in centimetres. For orders placed in Studio, our stylists will take your measurements on the day you place your order and align you to your closest size on our size chart, which will be the size that will be ordered for you and listed on your order confirmation. If you instruct us to place an order for a size that is not your closest size based on the measurements we have taken, you must provide us those instructions in writing. We will keep a record of your measurements on your order notes which we can provide to you at your request.

For made to order gowns, if your measurements align to more than one set standard size, we may at our discretion, offer to split different sections of the gown into different sizes ("Split Size"). Split Sizes are offered at our discretion as we may not be able to provide a Split Size due to design and fabric restrictions. Additional fees apply to Split Sizes and gowns requiring extra length, and those fees will be specified in your purchase order.

Fluctuations:

Whether Online or in Studio, when selecting a made to order gown or garment and size, you agree and acknowledge that you must, and will, consider any body measurement fluctuations that may affect your measurements between the time of placing your order and the completion of your gown or garment ("Fluctuations") and that external alteration services may not be able to carry out alterations to cater for Fluctuations due to design or fabric restrictions. Upon placing an order for a made to order gown or garment, you warrant that you have considered possible Fluctuations when selecting your size and understand external alteration services may not be able to carry out alterations to cater for Fluctuations.

You will not be entitled to a refund or other compensation if you are not able to use your gown due to a Fluctuation. You will be eligible for exchange or store credit in accordance with our returns policy set out herein.

Inspection of your gown:

You must thoroughly inspect your gown, garment or other product upon receiving it, and immediately contact us if you believe there are any flaws or other issues as soon as possible. If you consider your product to have any flaws, you must take photographs and promptly email us at [email protected].

Indemnity and Liability

Subject to your rights under the Australian Consumer Law, we will not be liable for any loss or damage suffered by you resulting from:

(a) any damage to your product(s) caused by you;

(b) any alteration services performed on your product(s) by you or a third party;

(c) your use of the Website; or

(d) Fluctuations.

You will be liable for, and indemnify us against, any direct, identifiable and reasonable loss or claim suffered by us (whether based in negligence, tort, statute or in any other way) as a result of any breach of these Terms by you, and the exercise of our rights under these Terms pursuant to such breach.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account or be removed from our mailing lists by contacting us at [email protected].

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate KYHA Studios Pty Ltd or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any persons use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another partys use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable state, territory, or country laws, rules or regulations.

No warranty on Website

This Website is provided as is, No warranty, express or implied (including any implied warranty of acceptable quality, fitness for a particular purpose or desired result, conformity to description, undisturbed possession, undisclosed securities, clear title and performance with due care and skill) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors and inaccuracies

To the extent permitted by law, we assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. If you determine that there is an error on this Website, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact information below. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and Limitation of Liability

To the extent of the law, in no event shall KYHA Studios Pty Ltd be liable for any direct, indirect, punitive, incidental, special or consequential damages or losses arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, or linked websites operated by third parties, whether based on a theory of contract, tort, strict liability, consumer protection statutes or otherwise, even if KYHA Studios Pty Ltd has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, KYHA Studios Pty Ltd IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF KYHA Studios Pty Ltd WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO KYHA Studios Pty Ltd IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF KYHA Studios Pty Ltd.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are 2013 - 2024 KYHA Studios Pty Ltd or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, Content) are the proprietary property of KYHA Studios Pty Ltd and are either registered trademarks, trademarks or otherwise protected intellectual property of KYHA Studios Pty Ltd or third parties in Australia and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Test at [email protected].

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled Infringement of Intellectual Property Rights - DMCA. Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property rights interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at [email protected].

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of laws provisions.These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Australia.

ONLINE CYBER SALE 26 November 2024 to 4 December 2024

Between 9.00am AEDT 26 November 2024 and 11.59PM AEDT 4 December 2024, we will be holding an online Cyber Sale of up to 50% off selected styles, prices are as marked. The Cyber Sale is an online only event and Cyber Sale prices are not available in Studio.

All sale items are final and are not eligible for return or exchange unless faulty, in which case, the process for faulty products outlined in these Terms will apply.

Due to the volume of orders placed in the Cyber Sale period, please allow up to 12 business days for your order to be dispatched for shipping.

All other Terms herein apply.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Questions

If you have any questions about our Terms of Service, please contact us at [email protected].