Terms & Conditions
We are Kismet Studios Pty Ltd (ABN 25648895425). We are subject to the following Terms & Conditions (Terms). These Terms apply to your use of the website and your online transaction with us at kismet-studios.com (Site). By using our Site or entering into any transaction with us, you agree to these terms. We may from time to time revise these terms at our discretion without prior notice.
Please read these Terms carefully before making any purchase from our Site.
If we have reasonable grounds to believe an order placed was fraudulent; we may place a temporary hold or cancel your order. We will make every attempt to contact you, using the email address or phone number provided at the time of booking, however, if we are unable to reach you, or the information provided does not meet our minimum identification requirements, we may cancel your order with no liability whatsoever.
We gladly accept returns within 30 days of delivery. We will offer a refund or store credit if:
- The garment has not been worn, washed, or altered in any way.
- The garment has not been damaged. ‘Damage’ may include the presence of pet hairs, fake tan, makeup or other marks and the presence of the smell of cosmetics, perfume, deodorant, washing powder or other products and odours on the garment.
- The original labels and tags are attached to the garment.
- The Return Form is included with the return and filled out in its entirety. Returns that exclude customers' name and order number, will not be eligible for a refund or store credit.
Any items that do not meet these criteria will not be valid for return. Items returned to us without approval will be returned at the customers' expense.
Note: We are unable to refund or credit the cost of shipping.
Please see our Returns page for more details.
We strive to ensure all items are of the highest standard and quality. However, if you have a concern with a faulty or damaged item, please contact us immediately at email@example.com so we can review the matter.
While we have made every effort possible to accurately display the colours of our garments on our Site, inevitable variances between computer monitors and use of flash photography mean we cannot guarantee that your device will display a colour which is completely accurate.
We stand by our Site, but our Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site and are not liable for any losses or damage caused by this site or any website linked to or from this Site.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Site.
Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded, we exclude all implied terms and warranties whether statutory or otherwise, relating to our Site or the subject matter of these Terms. You may be entitled to certain rights under consumer protection law or other laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth)
Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
Our Site is designed by our team to inspire slow fashion, celebrate the strength and beauty women and help you find your next favourite piece of clothing — and this Site is owned and operated by us. Unless otherwise specified, all materials appearing on this Site, including the text, Site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of or used under license by us.
The intellectual property rights in all software and content made available to you on or through this Site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Site. The Terms which apply at the time of order are those that govern your relationship with us with respect to that order.
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by us to exercise a power or right under these Terms does not constitute a waiver of that power or right, and the exercise of a power or right by us does not preclude its future exercise or the exercise of any power or right.
The laws of New South Wales, Australia govern this agreement. Your transaction is deemed to have taken place in New South Wales.