ONLINE TERMS & CONDITIONS OF SALE
These terms and conditions (Terms) apply to all orders placed online by you (Order) with KYHA Studios Pty Ltd (we, us) on our website including kyhastudios.com.au, kyhastudios.com or usa.kyhastudios.com.au (and any mobile or App versions) (Website) for gowns, apparel and products in the KYHA or Chosen By KYHA collections (Product).
Chosen is our ready-to-wear collection. Gowns and apparel in our Chosen collection are made in set sizes and are not made to fit your individual measurements. If you order a gown from the Chosen collection, you may need to arrange alterations (Alteration Services) (at your cost) to tailor the gown to your desired fit, which at a minimum will include an alteration to the hem.
When you place an Order for a Product and pay us the Order Price (as defined in clause 2), we agree to provide you with the Product that you have ordered in accordance with these Terms. Once you have placed your Order, you will receive a confirmation email with your Order details and a suggested date by which your Product will be shipped to your provided shipping address.
The Order will state the Order Price, which includes the price payable for the Product, any postage fees, any applicable Rush Fee (see clause 3), Additional Fees (see clause 4) and other charges (Order Price).
We accept payment via our online payment platform eWAY. We will not commence the making of your gown or send your Product until payment of the Order Price is made in full and received by us, or a onedayPAY payment plan is selected and the first installment of the plan is received in full.
The Order Price is inclusive of GST unless otherwise indicated.
The Order Price includes any import duties or taxes on the goods supplied to you.
COMPLETION OF YOUR ORDER
We will arrange to have the gown you Ordered shipped to your shipping address within 4-6 months after the date of your Order unless the Order is a rush order. If the Order is a rush order, you agree to pay the applicable rush fee as detailed at the time of placing your Order (Rush Fee).
For other Products, we will arrange shipment to your shipping address a minimum of 1-2 business days after the order date.
You acknowledge that scheduled completion dates and shipping time frames 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 and the date of your wedding.
We may, for any reason and in our absolute discretion refuse to accept your Order, only accept to sell some, but not all, the Products you have ordered or refuse to sell our Products to a particular country, jurisdiction or location.
You confirm that you have elected to order your gown or apparel in the size you selected online. We are able to assist you to choose appropriate standard sizing for your gown or apparel by assisting you with taking your measurements over the phone or video chat, however you are responsible for relaying what you believe to be an accurate and true measurement of your bust, waist and hips in centimetres.
If you fit into more than one set size category, we may (at our option) offer to split different parts of the gown or apparel into different sizes (Split Size). Additional fees (Additional Fees) apply to Split Sizes and gowns requiring extra length (Extra Length). If you require changes to your gown other than Split Sizes and Extra Length, you will need to seek Alteration Services. You acknowledge that we may not be able to provide a Split Size due to design and fabric restrictions.
When choosing your gown or apparel, you agree to take into consideration any body measurement fluctuations affecting your measurements that may occur between placing your Order and the completion of your gown or apparel (Fluctuations). You acknowledge that Alteration Services may not be able to be performed to cater for Fluctuations due to design or fabric restrictions. You agree that you will not be entitled to a refund or other compensation if you are not able to use your gown due to a Fluctuation. We will take reasonable steps to inform you if Alteration Services are not capable of being performed on your gown at the time of you placing your Order.
GOWNS RETURN, EXCHANGE OR STORE CREDIT
Gowns available to ship now (stock gowns)
Gowns currently in stock and ready to ship are eligible for return for a full refund, exchange or store credit if sent for return within a 5 day period in perfect resellable condition. Perfect resellable condition is defined below*.
In order to return your in stock gown you must notify email@example.com within 48 hours of receiving your gown and you must post your return via DHL express within 5 days. Return postage is at the expense of the consumer. The return address will be provided at the time firstname.lastname@example.org is notified. Within a reasonable time, we will confirm whether the gown is in perfect resellable condition and if it is, we will provide you with a refund or exchange. The gown purchased remains the customers responsibility until received by KYHA Studios and as such is returned at the customers risk.
Made to standard size gowns
A gown purchased in a standard size that is not currently in stock and needs to be made is eligible for exchange or store credit if it is in perfect resellable condition (as defined below). In order to exchange your gown you must notify email@example.com within 48 hours of receiving your gown and you must post your return via DHL express within 5 days. Return postage is at the expense of the consumer and the return address will be provided at the time firstname.lastname@example.org is notified. The gown purchased remains the customers responsibility until received by KYHA Studios and as such is returned at the customers risk.
Within a reasonable time, we will confirm whether the gown is in perfect resellable condition and if it is, we will provide you with a website link or list of gowns that are available for exchange within your timeframe, size and budget. Should none of the available options be suitable for your needs, a store credit for the price of the gown will be issued to you. You must use the store credit within 2 years.
Split size gowns or customised gowns
Gowns that have been purchased in a Split Size or have been customised in any way are not eligible for exchange or refund unless clause 9 applies.
Perfect resellable condition defined
To meet the criteria for return or exchange the gown must be in the same condition that it left our quality assessment department in Melbourne. The gown must have its tags intact. It must be free of stains, marks, rips, and tears and no damage must have been made to any internal or external tags, buttons, or finishings of the gown. The gown must not have been worn aside from trying it at home to assess its fit.
OTHER PRODUCTS - EXCHANGE OR STORE CREDIT
We will not provide a refund for a Product that you Ordered only because you changed your mind.
Ready-to-wear products (excluding all gowns, customised products and exclusions below) that are in perfect resellable condition are eligible for return or store credit. Products must be posted back to us within 14 days (at your cost) of receiving them. Within a reasonable time, we will confirm whether the Product is in perfect resellable condition and if it is, we will provide you with a refund or store credit. You must use the store credit within 2 years.
All sale items and customised items are ineligible for return or exchange, unless clause 9 applies.
For hygienic purposes, all undergarments (including shape wear and underwear) and earrings are ineligible for return or exchange unless clause 9 applies.
DELIVERY OF PRODUCTS
It is your responsibility to cooperate with or provide any information required by customs or the courier, freight or delivery service provider in respect of the Products. We are not liable for any loss suffered by you if you fail to do so.
FAULTY PRODUCTS AND THE AUSTRALIAN CONSUMER LAW
We warrant that we will provide the Products in accordance with the consumer guarantees in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) which apply to the Products.
Nothing in the Terms excludes, restricts or modifies any rights or remedies you have under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
You must thoroughly inspect your gown upon receiving it and advise us if you believe there are any flaws or other issues as soon as possible. If you consider your gown to have any flaws, please take photographs and promptly call +61 3 8103 5046 or email to email@example.com. Please note that the colour, trim or fabric of your Product may vary slightly from the Product displayed online.
If there is a minor defect with the Product 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:
- fixing or repairing the Product;
- replacing the Product with an identical Product; or
- refunding you the Order Price.
If there is a major defect with the Product, we will deal with it in accordance with the Australian Consumer Law including by providing you with a refund or replacing the Product, at your election provided you return the Product to us, at our cost.
LIMITATION OF 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:
- any damage to your Product caused by you;
- any Alteration Services performed on the Product by you or a third party;
- the Product not being ready by your wedding date due to a Force Majeure Event;
- your use of the Website; or
- a Fluctuation.
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.
All intellectual property rights subsisting in the Product and Website content or otherwise belonging to us are and will remain our sole and exclusive property throughout the world. You must not replicate or copy the design of any gown or any part of it, nor commission or instruct any third party to do so. Unless you otherwise advise us in writing, by placing an Order, you grant us the right to use photographs and videos of you in your gown or product that you post online for our self-promotional purposes including on our social media pages and websites.
You may register for an account on our Website by providing certain information and by setting up a login username and password. You are responsible for maintaining the confidentiality and security of your login and password details and any and all activities on Website which occur under your login and password. You must not share your login and password details with anyone, let anyone else access your account or do anything that might put the security of your account or the Website at risk.
USE OF WEBSITE
You must not:
- reproduce or distribute the material on the Website;
- retransmit the material on the Website by any medium of communication;
- commit or encourage a criminal offense;
- transmit or distribute a virus, trojan, worm, logic bomb or 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 Website;
- 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";
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website; or
- modify or copy the layout of the Website or any computer software and code contained in the Website.
Unlawful, void or unenforceable clauses shall be severed from these Terms.These Terms will be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
These Terms may only be varied in writing signed by both parties. We may assign or novate the whole or any part of these Terms without requiring your prior consent.