Terms of Service

Last updated: Dec 10, 2024 3:25 PM AEDT

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://kyhastudios.com/us/ website (the "Website") operated by KYHA Studios US LLC, a Limited Liability Company formed in Delaware, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. 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. This price is listed in USD and does not include sales taxes or other fees that you may be charged.

Sales taxes, 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 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 our retail Studio, you will pay us the Order Price either:

in full at the time of placing your order; or

1. in two instalments, being 50% of total value of the Order Price at the time of placing your order, and the remaining balance plus a USD $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 USD $99 (Administration Fee). If you choose to the Instalment Payment Option to pay the Order Price, you acknowledge and agree that the Administration Fee will be added to your Purchase 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 for your order to be shipped to you directly rather than collected in Studio) on a date no earlier than a minimum of four (4) months after the date of your order, unless your order is a Rush Order.

Pop-Up Locations

When you place an order in one of our Pop-Up Locations, you will pay use the Order Price in full at the time of placing your order. The Instalment Payment Option is not available at our Pop-Up Locations. Once you have placed your order, we will schedule your shipment date on a date no earlier than a minimum of four (4) months after the date of your 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

1. 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 a specialist 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. If you have a change of mind within (2) months of the estimated shipment date, 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.

Save and except for made to order gowns as outlined above, you cannot cancel an order. If you have had a change of mind, our refund and exchange policy set out below will apply.

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 CREDITS

Any store credit issued to you is valid for five (5) 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 US LLC

ATT: Returns

Suite 7-3-C68, 67 34th Street,

Brooklyn, New York, 11232

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 pick up in Studio, we will ship the order to you via a third party shipping carrier. For delivery, we use UPS, or other carriers 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 ) 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 , 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 or email. It is your responsibility to cooperate with or provide any information required by customs or the third party shipping provider. We will not be held liable for any loss suffered by you if you fail to do so.

Warranty on purchases

No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to the goods displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

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:

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.

Remedies

You agree that the remedy for any breach of these Terms as it relates to your purchase shall be Exchange or Store Credit or as otherwise provided for herein. You also agree that the remedy for breach of these Terms as it relates to your purchase shall be to pursue dispute resolution as provided in the governing law, severability, dispute resolution, venue and class action waiver section below. These remedies intended to be your sole and exclusive remedies for any breach of these Terms as it relates to your purchase.

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 US LLC 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 federal, state or local laws, rules or regulations.

No warranty on Website

This Website is provided as is, No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors and inaccuracies

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. 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

In no event shall KYHA Studios US LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages 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, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if KYHA Studios US LLC has been advised of the possibility of such damages. If, despite the limitation above, KYHA Studios US LLC 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 US LLC will in no event exceed the service fees you paid to KYHA Studios US LLC 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 US LLC. The aggregate liability of KYHA Studios US LLC arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by KYHA Studios US LLC from you.

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 US LLC 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 US LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of KYHA Studios US LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact [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 the state of New York, United States, 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 New York County, New York.

You and KYHA Studios US LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

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].