Terms and Conditions | Kyha Studios Policies New York, US

KYHA & Chosen by KYHA USA TERMS AND CONDITIONS OF SALE

TERMS & CONDITIONS OF SALE

Gowns in our KYHA and Chosen by KYHA Collections are made in set sizes and are not made to fit your individual measurements.You will need to carry out alterations to tailor the gown to your desired fit, which at a minimum will be an alteration to the hem.

These terms and conditions of sale (the Terms and Conditions) apply to all orders placed at a KYHA Studios. Capitalized words are defined in these Terms and Conditions and are in bold where they first appear.

General

References to KYHA Studios, KYHA, us, our or we in this Agreement refer to KYHA Studios US LLC.

References to you or your in this Agreement refer to the customer.

Ordering

We agree to provide You with the Gown in consideration for the Gown Price, which shall be paid in accordance with these Terms and Conditions. Once you have placed your Order and paid the Deposit, we will book an appointment to pick-up your Gown, unless we expressly agree to deliver your Gown (Pick-up Appointment). The details of your Order will be included on your Order Confirmation.

Payment

All prices are in U.S. Dollars and exclusive of Sales Taxes, unless otherwise stated. The Order will state the Order Price, which comprises of the Gown Price and any applicable Rush Fee (see clause 3), Sales Taxes, Additional Fees (see clause 4) and any other charges (Order Price).

You agree to pay the Order Price in full at the time of order, unless we expressly agree to other payment terms.

We currently accept payment by credit card, direct debit or via our online payment platform. Credit card payments may incur merchant fees. You agree to pay all invoices issued under these Terms and Conditions no later than on the date on which such payments are due and agree that time is of the essence when making payments. You acknowledge and agree that we will not commence the making of your Gown until the Deposit is paid, nor we will make your completed Gown available to you until we have received all payments due in full. All Payments that are not made within ten (10) days of their due date, will be subject to a 10% late payment fee on the overdue amount.

Order and pick-up process

On our receipt of (a) these Terms and Conditions as signed by you, and (b) payment of the Deposit, we will contact you to book your pick-up appointment. We may reschedule any of your Appointments with reasonable notice, for any reason, including, but not limited to, delays in the manufacture of your Gown that are outside of our reasonable control. We request that you attend your Appointments on the dates agreed to at our KYHA Studio. If you wish to reschedule an appointment, you must provide us with two (2) days notice.

You agree it is your responsibility to allow for unforeseen delays when choosing the time to place your Order and the timing of your wedding. We will not be responsible for any delays that are not within our control, including delays in shipping and delivery or as the result of Force Majeure Events (defined below).

Title and delivery

Title to the Product will pass to you upon payment of the final instalment of the Purchase Price.

Fluctuations

You agree that you will be responsible for any body measurement fluctuations affecting your measurements that may occur between your final dress fitting appointment and your pickup appointment (Fluctuations).

You expressly agree that you will not be entitled to a refund or other compensation if you are not able to use your Gown as a result of a Fluctuation.

Cancelling or varying a KYHA order

Termination by KYHA. We may terminate this Agreement and cancel your order for the Gown or any product if:

you have breached a term of this Agreement;
we are no longer engaged in trade or commerce;
any amounts owing to KYHA Studios are overdue by more than fifteen (15) days; or
the Product is no longer available.

If we cancel your order, we will endeavor to provide you with reasonable notice of that cancellation. In the case of termination pursuant to Section 7(b) and (d), we will refund to you all the amounts paid by you under this Agreement. You will not be entitled to a refund of amounts paid if we terminate this Agreement due to Section 7 (a) or (c) above.

Termination by you. You may terminate this Agreement and cancel an order prior to four months of your pick-up date or estimated shipment date by emailing us at [email protected].

If you cancel your order in accordance with Section 7, we will refund any amounts paid by you under this Agreement, less (1) the full value of any gifted product that you received (if any), and (2) less the termination fee (defined below).

The Termination Fee payable by you is:

For a KYHA and Chosen by KYHA Standard Size Gown 60% of the Purchase Price; and

For a KYHA & Chosen by KYHA Customized Gown 90% of the Purchase Price.

To the extent that the full value of any gifted product and the termination fee is greater than the amount paid by you to date, you will be invoiced for the difference and this amount will be immediately payable.

You are unable to terminate this Agreement within four (4) months of your Pick-up Appointment or estimated shipment date.

If you have elected for your Gown to be shipped to you and this Agreement is terminated after the Product is shipped to you (and we are not able to stop the delivery), then upon delivery, you must refuse delivery of the Product and return to sender at our cost.

Holds

If required, you have the option to place the Order on hold for a period of up to 12 months during which you may reinstate the Order (Hold Period). If the Order is reinstated during the Hold Period, we will complete the Order and charge you a reinstatement fee of 20% of the Order Price. If you fail to reinstate the Order during the Hold Period, the Order is cancelled and the termination fees in clause 7 will apply.

Pick-up or Delivery

Unfortunately, not all gowns can be delivered. We confirm that you have elected to either pick-up your Gown or have the Gown delivered (if permitted by us and within the U.S. only) in accordance with the Pick-up or Delivery Instructions. If we agree to ship or deliver your Gown, you will be responsible for all shipping or delivery costs

Inspection

The colour, trim or fabric of your Gown may vary slightly from any sample gown we have supplied or shown to you. You must thoroughly inspect your Gown at the Pick-Up Appointment (where relevant) and upon delivery and advise us if you believe there are any flaws or other issues with your Gown. We will discuss any concerns you have and take steps to remedy them, where appropriate. If your Gown is delivered, you must thoroughly inspect your Gown as soon as possible after delivery and notify us of any flaws or other issues within seventy-two (72) hours following delivery. After delivery, if you consider your Gown to have any flaws, please take photographs and call +1 9293 359 293 or email to [email protected].

Your Rights; Force Majeure

Nothing in this Agreement excludes, restricts or modifies any rights or remedies you have under any other applicable law, that cannot be excluded, restricted or modified by agreement (Your Rights).

Subject to Your Rights, we will not be liable for:

Any damage to your Gown caused by you at any time;
Any loss suffered by you as a result of your Gown not being ready by your wedding date due to a Force Majeure Event (defined below); and
Any loss suffered by you in relation to this Agreement as a result of you breaching these Terms and Conditions.

We will not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent, such failure or delay is caused by or results from acts beyond our control, including, but not limited to, the following force majeure events (Force Majeure Events) : (a) acts of God; (b) natural disasters, epidemics, or pandemics; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades; (f) action by any governmental authority; (g) national or regional emergency; and (h) strikes, labor stoppages or slowdowns.

Intellectual Property

All intellectual property rights in the Gown or otherwise belonging to us are and will remain our sole and exclusive property throughout the world. Without limiting the foregoing, you agree that you may not replicate or copy the design of the 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 that you post online or that you send to us for our self-promotional purposes including on our social media pages and websites.

Miscellaneous

Unlawful, void or unenforceable clauses shall be severed from these Terms and Conditions. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York without reference to the conflicts of laws principles thereof. You expressly agree that the courts located in the County of New York shall have exclusive jurisdiction over this contract. These Terms and Conditions may only be varied in writing signed by both parties. We may assign or novate the whole or any part of these Terms and Conditions without requiring your prior consent.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Definitions

A KYHA and Chosen by KYHA Standard Size Gown is a gown from our KYHA & Chosen collections respectively that is made to a standard size.

A KYHA & Chosen by KYHA Customised Gown is a gown from our KYHA and Chosen collections respectively that is customised to the customer including but not limited to split sizes, the addition of buttons or hem length.

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.

ORDERING

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.

PAYMENT

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 online via Visa, Mastercard, AmericanExpress, ShopPay and GooglePay. 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.

For purchases on our AU website, all prices are inclusive of Goods and Services Tax (GST).

For purchases on our US website, all prices are inclusive of duties and exclusives of sales tax. Sales tax will be calculated at checkout and is payable in full by 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 or an in stock gown. 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 1-3 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.

SIZE SELECTION

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 centimeters.

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.

FLUCTUATIONS

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

Products, Limited Edition Gowns & Garments under $2,000

Ready to ship products (excluding customised products and other exclusions including Renew gowns), limited edition gowns and gowns and garments under $2,000 that are in perfect condition are eligible for a refund, store credit or exchange. Refunds are processed back to the account or card the order was originally placed with.

Gowns

Ready to ship gowns, made-to-order gowns in standard sizes and garments over $2,000 are not eligible for refunds due to a change of mind, however we will accept an exchange for another size, style of gown or store credit if the garment is in perfect condition. Your exchange may be subject to product availability and your particular timeline.

Gowns made in a custom split size are not eligible for return or exchange unless faulty.

In a case where the product is faulty, Australian Consumer Law applies.

ARRANGING A REFUND, EXCHANGE FOR STORE CREDIT

Products, Limited Edition Gowns & Garments under $2,000

Customers must, at their cost, return their product to KYHA Studios within 5 days of receiving the product using KYHA Studios preferred carrier. The gown or garment must be in a perfect, resellable condition to be eligible for refund.

Carefully complete the return slip included in your initial parcel with your personal details, reason for returning the product and preference of a refund or exchange. Ensure this slip is included in your return parcel with your product.

The return address is:

KYHA Studios Pty Ltd,

ATT Returns:

333 Police Road,

Mulgrave, VIC 3170

Please note that the product purchased remains the customers responsibility until received by KYHA Studios and as such is returned at the customers risk.

Gowns

Ready to ship gowns, made to order gowns in standard sizes and garments over $2,000 must be returned at the customers expense within 5 days using KYHA Studios preferred carrier and service (DHL and AusPost). The gown or garment must be in a perfect, resellable condition to be eligible for exchange or store credit.

Upon receipt of the gown or garment and within a reasonable timeframe, KYHA Studios will undertake a quality check to confirm whether the gown or product is in perfect resellable condition. If it is, KYHA Studios will provide the customer with a store credit or exchange. The customer must use the store credit within 2 years.

Please note that the gown purchased remains the customers responsibility until received by KYHA Studios and as such is returned at the customers risk.

Please contact [email protected] to arrange the exchange or store credit for your gown.

EXCEPTIONAL PRODUCTS

Split size gowns

Gowns made in a split size are made for a brides particular proportions and thus are not eligible for return or exchange (unless deemed faulty in which case the Australian Consumer Law applies, see below).

Sale items

All sale items are final sale and ineligible for return or exchange (unless faulty in which case the Australian Consumer Law applies, see below).

Hygiene regulations

For hygienic purposes all undergarments (including shapewear and underwear) and earrings are ineligible for return or exchange (unless faulty in which case the Australian Consumer Law applies, see below).

Customised product

As our customised products are personalised for our customers, all customised products are ineligible for exchange or return (unless faulty in which case the Australian Consumer Law applies, see below).

Australian Consumer Law

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 the order price.

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

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 protected]. 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.

INDEMNITY

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.

INTELLECTUAL PROPERTY

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.

ONLINE ACCOUNT

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.

MISCELLANEOUS

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.

TERMS

These terms and conditions apply to all purchases made by you (you, purchaser) 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 Renew collection.

ORDERING

When you place an Order for a Product and pay us in full, we agree to provide you with the Product that you have ordered in accordance with these Terms and Conditions. Once you have placed your Order, you will receive a confirmation email and your gown will be dispatched within three business days and shipped to your provided shipping address. Please note that our shipping partners may incur unforeseen delays, you are responsible for budgeting for unforeseen delays in receiving your parcel.

PAYMENT

The Price includes the price payable for the Product only and additional charges may apply. For all Australian customers, the price includes Good and Services Tax (GST). For all international customers, the Order Price excludes all duties and taxes.

We will not commence the shipping of your gown or send your Product until payment is received in full.

All domestic purchases will be shipped with Australia Post. All international purchases will be shipped with FedEx. All orders outside Australia may incur duties, taxes and custom charges. These are payable by the customer in addition to the purchase price.

COMPLETION OF YOUR ORDER & SHIPPING

Your gown will be shipped to your shipping address within three business days after the date of your Order.

You acknowledge that scheduled shipping time frames provided to you may be delayed as a result of factors outside our reasonable control. 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.

SIZE SELECTION

You confirm that you have elected to order your gown or apparel in the size you selected online. You are responsible for relaying what you believe to be an accurate and true measurement of your bust, waist and hips. If you require changes to your gown, you will need to seek Alteration Services.

GOWNS RETURN, EXCHANGE OR STORE CREDIT

By purchasing your gown from our Renew collection, you acknowledge that the gown will have some faults, and may require repairs and dry cleaning. Refunds or exchanges will not be offered for change of mind.

All sale items are ineligible for return or exchange, unless the Faulty Products and Australian Consumer Law section applies.

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.

Please note that the colour, trim or fabric of your Product may vary slightly from the Product displayed online. Your gown may have marks and imperfections not displayed in imagery. By accepting and purchasing your gown you acknowledge that your gown will likely have small faults.

DELIVERY OF PRODUCTS

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.

INDEMNITY

INTELLECTUAL PROPERTY

The promotion starts at 9am on Sunday, 1 September 2024 EDT and ends at 5pm on Monday, 1 October 2024 EDT.

The promotion applies to all customers who purchase a KYHA Studios bridal gown valued at $3,000 or more, inclusive of sales taxes, during the promotional period. Customers will receive a choice of a second-look (Gift with Purchase) from our best-selling Party Edit collection. The value of the Gift with Purchase is up to $2,200, including sales taxes.

The Gift with Purchase must be selected from available in-stock items. Party Edit pieces that are out of stock are not eligible. If stock is sold out during the promotional period, the Gift with Purchase cannot be redeemed.

This promotion is available exclusively at KYHA Studios Flagship Boutiques. Wholesale partners and online customers are not eligible.

To qualify for the Gift with Purchase, customers must order and pay for their gown in full by 5pm EDT on Monday, 1 October 2024.

The Gift with Purchase promotion follows KYHA Studios LLCs Terms and Conditions: [Terms & Conditions | KYHA Studios] (https://www.kyhastudios.com/terms-and-conditions)

For further information, please email [email protected]

The gift of choice

Thank you

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