All purchases shipped from New York, free with any order over $200.

KYHA Studios | Chosen By KYHA | Melbourne, Sydney & New York
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onedaypay

onedayPAY is a simple payment plan to help you get closer to your dream gown. Split the purchase of your gown into 4 or 6 interest-free monthly instalments.

How to purchase your gown using onedayPAY:

Find your dream gown and add it to your cart

1. Select onedayPAY as your preferred payment method

2. Pay over 4 or 6 interest-free monthly instalments. The first payment is taken when your order is placed

3. The remaining payments are automatically taken monthly as we create your gown (4 or 6 months, depending on the gown purchased)

4. When your final payment has been received, our team will be in touch to arrange pick-up or delivery of your gown

Does someone special want to contribute to your dream gown? You can personally invite them to contribute using onedayPAY.

You can track your payment progress at any time by logging into your One Day online account.

For any onedayPAY queries please contact customerservice@loveoneday or call +61 3 8103 5046.

onedayPAY terms & conditions apply. Charges may apply for late payments.

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), 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.

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.

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

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.

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.

SUMMER OF LOVE SALE Terms and Conditions:

Terms and Conditions apply. Limited time offer. Sale applies to Chosen by KYHA gowns with no customisations, clothing & accessories only. Excludes all KYHA gowns and separates, KYHA branded products and all other non-Chosen branded product (including Commando, KYHA x Stephanie Spencer and Ivory Tribe). All purchases made during the sale period using sale are final sale and cannot be varied, returned or exchanged unless deemed faulty or unfit for purpose. All Gowns are to be collected or shipped between 1 May, 2023 and 31 July, 2023, unless otherwise requested by KYHA Studios. Sale begins 1 March, 2023at 8am AEDT and sale ends 15 March, 2023 7pm AEDT. This sale cannot be used in conjunction with any other offer.

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 allorders 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).

Unless we expressly agree to other payment terms, you agree to pay the Order Price as follows:

A deposit equal to 50% of the Order Price, plus Sales Taxes, plus any applicable Rush Fee (collectively, the Deposit) shall be due and payable on the Order Date;

The balance of the Order Price shall be due and payable twelve (12) weeks after Order Date.

The Order Price must be paid in full seven (7) days prior to your Pick-up Appointment or shipment date.

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 installment 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:

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

If we cancel your order, we will endeavour 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.

KYHA

TERMS & CONDITIONS OF SALE

KYHA is KYHA Studios Pty Ltds made to measure collection.

Please note: Gowns in our KYHA Collection (KYHA Collection) are tailored to fit your individual measurements.

These terms and conditions of sale (the Terms and Conditions) apply to allorders placed at a KYHA Studio for gowns in the KYHA Collection.Capitalised words are defined either in the Order Details Form attached (the Order) or elsewhere 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 are references to KYHA Studios Pty Ltd ABN 60 159 556 788.

Ordering

We agree to provide You with the Gown in exchange for the Gown Price, 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 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 Australian Dollars and are inclusive of GST, unless otherwise stated. The Order will state the Order Price, which comprises of the Gown Price and any applicable Rush Fee (see clause 3), Additional Fees (see clause 4) or other charges (Order Price).

You agree to pay us the Order Price in full at the time of order. On request only, we may agree for you to pay us the Order Price in instalments as follows:

  1. 25% deposit including GST plus any applicable Rush Fee (the Deposit) on the Order Date;
  2. 75% of the remaining Order Price twelve weeks and eighteen weeks after Order Date.

Please note that if we have agreed for you to pay us the Order Price in instalments, a $199 Administration Fee will be payable by you.

The Order Price must be paid in full seven days prior to your pick-up appointment or shipment date.

We accept payment by EFTPOS, direct debt or via our online payment platform eWAY. EFTPOS payments may incur merchant fees. You agree to pay all invoices issued under these Terms and Conditions by the relevant due date and agree time is of the essence when making payments. You 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 10 days of their due date, will be subject to a 10% late payment fee on the overdue amount.

Order and fitting process

On receipt of your signed copy of these Terms and Conditions and payment of the Deposit, we will contact you to book your dress making appointments. We may reschedule any of your Appointments with reasonable notice, due to, but not limited to delays in the manufacture of your Gown, which is outside of our reasonable control. Please attend your Appointments on the agreed dates and at our KYHA Studio. If you wish to reschedule an appointment, you must provide us with 7 days notice.

You must bring your selected wedding shoes to your dress fitting appointment, otherwise you will be charged for an additional dress fitting appointment.

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.

Title and delivery

Title to the Product free of encumbrances and all other adverse interests will pass to you on payment of the final instalment of the Purchase Price.

If you have elected for your gown to be mailed to you and this Agreement is terminated after the Product is dispatched 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.

Fluctuations

At your final dress making appointment, you agree to take into consideration any body measurement fluctuations affecting your measurements that may occur between your final dress fitting appointment and your pickup appointment (Fluctuations).If further alterations are required to be performed to your gown due to Fluctuations, you will be charged $140 + GST per hour. This will be discussed and agreed with you prior to the any additional work being performed.

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.

Cancelling or varying a KYHA order

We may terminate this Agreement and cancel your order for the Product, but only if:

  1. you have breached a term of this Agreement;
  2. we are no longer engaged in trade or commerce;
  3. any amounts owing to KYHA Studios are overdue by more than 30 days; or
  4. the Product is no longer available.

If we cancel your order in accordance with clause 7, we will endeavour to provide you with reasonable notice of that cancellation and will refund to you all the amounts paid by you under this Agreement.

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

If you cancel your order in accordance with clause 7 we will refund any amounts paid by you under this Agreement less the full value of any gifted product received less the termination fee. The termination fee payable by you is 90% of the Purchase Price;

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 8 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 Australia only) in accordance with the Pick-up or Delivery Instructions. If we agree to deliver your Gown, you must pay a flat fee of $250.00 (inclusive of GST).

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 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. After delivery, if you consider your Gown to have any flaws, please take photographs and promptly call (03) 8103 5046 or email to [email protected].

Your Rights

Our goods and services come with consumer guarantees under Schedule 2 to the CompetitionandConsumerAct2010(Cth) (Australian Consumer Law). Nothing in this Agreement 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 (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 above); and

Any loss suffered by you in relation to this Agreement as a result of you breaching these Terms and Conditions.

Intellectual Property

All intellectual property rights in the Gown and its design and to The Service, including but not limited to, copyrights to any designs and any logos, trademarks, trade names and service names, are and will remain our sole and exclusive property throughout the world. Without limiting the foregoing, you must 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 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 Victoria, Australia and the courts of Victoria and, if applicable, the Federal Court of Australia and Federal Circuit Court of Australia 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.

Definitions

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

CHOSEN by KYHA

TERMS & CONDITIONS OF SALE

Chosen by KYHA is KYHA Studios Pty Ltds ready-to-wear collection.

Please note:Gowns in our Chosen by KYHA Collection (Chosen by KYHA Collection) are made in set sizes and are not made to fit your individual measurements.If you order a gown from the Chosen by KYHA Collection, 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 allorders placed at a KYHA Studio for gowns in the Chosen by KYHA Collection.Capitalised words are defined either in the Order Details Form attached (the Order) or elsewhere in these Terms and Conditions, and are in bold where they first appear.

General

References to KYHA Studios, Chosen by KYHA Studios, us, our or we in this Agreement are references to KYHA Studios Pty Ltd ABN 60 159 556 788.

Ordering

We agree to provide You with the Gown in exchange for the Gown Price, 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 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 Australian Dollars and are inclusive of GST, unless otherwise stated. The Order will state the Order Price, which comprises of the Gown Price and any applicable Rush Fee (see clause 3), Additional Fees (see clause 4) or other charges (Order Price).

You agree to pay us the Order Price in full at the time of order. On request only, we may agree for you to pay us the Order Price in instalments as follows:

  1. $1,500 including GST plus any applicable Rush Fee (the Deposit) on the Order Date;
  2. The remaining Order Price (total Order Price less the Deposit) twelve weeks after Order Date.

Please note that if we have agreed for you to pay us the Order Price in instalments, a $99 Administration Fee will be payable by you.

The Order Price must be paid in full seven days prior to your pick-up appointment or shipment date.

We accept payment by EFTPOS, direct debt or via our online payment platform eWAY. EFTPOS payments may incur merchant fees. You agree to pay all invoices issued under these Terms and Conditions by the relevant due date and agree time is of the essence when making payments. You 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 10 days of their due date, will be subject to a 10% late payment fee on the overdue amount.

Completion of Order

We will complete the Order for Pick Up Appointment (or delivery, if permitted) a minimum of 4 months after the Order Date unless the Order is a Rush Order. If the Order is a Rush Order, you agree to pay the applicable Rush Fee as detailed in the Order form.

You acknowledge that scheduled completion dates may be delayed as a result of factors outside our reasonable control (for example, where your sizing has changedor due to an act of god) (Force Majeure Event). 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.

Title and delivery

Title to the Product free of encumbrances and all other adverse interests will pass to you on payment of the final instalment of the Purchase Price.

If you have elected for your gown to be mailed to you and this Agreement is terminated after the Product is dispatched 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.

4.Size Selection

You confirm that you have elected to order your Gown in the Agreed Gown Size, as detailed on your Order Confirmation. We are able to assist you to choose appropriate standard sizing for your Gown by taking your measurements at the KYHA Studio.If we have taken your measurements prior to you placing your Order, they will be listed as in our records.

If you fit into more than one set size category, you may request we split different parts of the Gown to different size (Split Size). Additional fees (Additional Fees) apply to Split Sizes and Gowns with Extra Length (Extra Length). If you require changes to your Gown other than Split Sizes and Extra Length, Alteration Services will need to be performed (refer to clause 5). You acknowledge that we may not be able to provide a Split Size due to design and fabric restrictions.

Fluctuations

When choosing your Gown 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 (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.

Alterations Services

We work closely with a number of aligned partners who will be able to assist you with Alteration Services to your gown.

Cancelling or varying a Chosen by KYHA order

We may terminate this Agreement and cancel your order for the Product, but only if:

  1. you have breached a term of this Agreement;
  2. we are no longer engaged in trade or commerce;
  3. any amounts owing to KYHA Studios are overdue by more than 30 days; or
  4. the Product is no longer available.

If we cancel your order in accordance with clause 8, we will endeavour to provide you with reasonable notice of that cancellation and will refund to you all the amounts (if any) paid by you under this Agreement

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

If you cancel your order in accordance with clause 8 we will refund any amounts paid by you under this Agreement less the full value of any gifted product received less the termination fee. The termination fee payable by you is:

  1. For a Chosen by KYHA Standard Size Gown 60% of the Purchase Price; and
  2. For a Chosen by KYHA Customised Gown 90% of the Purchase Price.

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

Holds

All Chosen by KYHA Gowns will be available for collection within four to six months of order date. You agree that you will collect your gown within this period. If you are unable to collected your gown during this period, 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 8 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 Australia only) in accordance with the Pick-up or Delivery Instructions. If we agree to deliver your Gown, you must pay a flat fee of $250.00 (inclusive of GST).

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 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. After delivery, if you consider your Gown to have any flaws, please take photographs and promptly call (03) 8103 5046 or email to [email protected].

Your Rights

Our goods and services come with consumer guarantees under Schedule 2 to the CompetitionandConsumerAct2010(Cth) (Australian Consumer Law). Nothing in this Agreement 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 (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 above); and

Any loss suffered by you in relation to this Agreement as a result of you breaching these Terms and Conditions.

Intellectual Property

All intellectual property rights in the Gown and its design and to The Service, including but not limited to, copyrights to any designs and any logos, trademarks, trade names and service names, are and will remain our sole and exclusive property throughout the world. Without limiting the foregoing, you must 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 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 Victoria, Australia and the courts of Victoria and, if applicable, the Federal Court of Australia and Federal Circuit Court of Australia 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.

Definitions

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

A Chosen by KYHA Standard Size Gown is a gown from our Chosen collection that is made to a standard size.

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

Chosen by KYHACONCIERGE TERMS & CONDITIONS

Chosen is KYHA Studios Pty Ltds concierge service..

Please note: Gowns in our Chosen Collection (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 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 Concierge Terms and Conditions (Terms and Conditions and Conditions) apply to all Gown loan and Concierge Services provided to you by KYHA Pty Ltd (we, us).

1. Booking

When you request and book a Concierge Service with us and pay us the amount detailed in Clause 2, we will provide you with the following Gown Loan Services:

up to three Chosen by KYHA Bridal gowns to be delivered directly to your designated shipping address to try on in the comfort of your own home; and

a video conference (Virtual Consultation) with one of our expert bridal stylists. 2. Payment

All prices are inclusive of GST, unless otherwise stated.

You agree to pay us the following amounts (Payments):

  • $500 fully refundable deposit (Deposit) per embellished gown sent on concierge service.
  • $200 fully refundable deposit (Deposit) per service with non- embellished gowns sent on concierge service.
  • $90 Service fee per gown sent (refundable with gown purchase on concierge service).

The Deposit amount is a holding fee that is released once the stock Gown/s you requested are returned to us and pass our Quality Assessment. Refer to Clause 6 for further details on the Quality Assessment.

The deposit is refundable however it is redeemable against the purchase of a gown from KYHA Studios also.We accept payment by EFTPOS, direct debt or via our online payment platform eWAY. EFTPOS payments may incur merchant fees. You agree to pay all invoices issued under these Terms and Conditions by the relevant due date and agree time is of the essence when making payments.

The Gown Concierge Services will not be provided until payment is made in full.

3. Delivery

Your selected samples will be shipped directly to your preferred destination via express DHL tracked post. Upon dispatch you will receive confirmation of the shipment and tracking via email and text message.

After your Virtual Consultation, you must use the provided return shipping label to post the sample Gown/s back to our Melbourne studio within 1-2 business days. Once the sample Gown/s are received in Melbourne, they are returned to our Quality Assurance Department for a Quality Assessment to ensure they have been returned in the same condition in which they left.

4. Completion of services

Upon completion of your Virtual Consultation, you must package your returning Stock Gown/s in the same manner in which they arrived and you must use the provided return shipping label to post the Stock Gown/s back to our Melbourne studio within 1-2 business days. Once the sample Gown/s are received in Melbourne, they are returned to our Quality Assurance Department for a Quality Assessment to ensure they have been returned in the same condition in which they left which is perfect resellable condition.

5. Quality Assessment

Sample gown/s require 3 business days to complete a Quality Assessment.For sample Gown/s that pass this Quality Assessment, the Refundable Gown Deposit is typically refunded within 10 business days depending on your bank's usual processing time.If there are any damages assessed on the SampleGown/s (including minor damages), your Refundable Gown Deposit/s will not be refunded.Should the Stock Gown/s be returned in a condition that is deemed no longer fit for purpose or heavily damaged, you will be invoiced for the retail recommended price of the damaged sample Gown/s.This invoice must be paid within 10 business days or you may be liable for loss of business for each day the Stock Gown/s are unavailable in our studio for purchase.

6. Purchasing a GownIf you decide to purchase a gown with us through the Gown concierge Service (placing an Order), our KYHA Stylist will assist you with placing an order and paying for the remainder of the gown that you have selected within 24 hours of you notifying us. You can apply your deposit/s towards the purchase of the selected gown.

7. Your RightsOur goods and services come with consumer guarantees under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). Nothing in this Agreement 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 (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; and
  • Any loss suffered by you in relation to this Agreement as a result of you breaching these Terms and Conditions.

8. Intellectual Property

All intellectual property rights subsisting in the S Sample/s 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.

9. 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 Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

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.

You confirm that you agree to the Terms and Conditions.

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