Terms & Conditions

The following are terms of a legal agreement between you and KafeKulcha.com. References to "you" or "your" shall relate to anyone that shops, accesses, or otherwise uses the Site www.KafeKulcha.com, herein called the "Site". By visiting or otherwise using or accessing this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and that you agree to comply with all laws and regulations.


Consent to Jurisdiction and to Venue

Any claim relating in any way to your accessing the Site or to products you purchase through the Site shall be governed by the laws of the State of New South Wales without regard to conflict of law rules. By using the Site, you consent to jurisdiction of the Federal and State Courts located in Sydney, New South Wales, to hear any such claims and you further consent that any legal claims you have relating to such visit or the purchase of such products shall be heard exclusively in such Sydney courts and shall not be heard in the courts of any other jurisdiction or venue.


Copyright

The Site is owned and operated by KafeKulcha.com. All materials and items on this Site, including, but not limited to, text, graphics, logos, design, icons, and images, are the property of KafeKulchacom, or its content suppliers, and is protected by Australian and international copyright laws. Except as stated herein, none of the material may be used, copied, distributed, downloaded, displayed, transmitted in any form or by any means, without the prior written permission of KafeKulcha.com. Site visitors may copy and download the materials on this Site for personal, non-commercial use only, provided they do not change the materials, and they retain all copyright and proprietary notices in the materials.


Electronic Record

By visiting the Site, or sending e-mails to us, you are communicating with us electronically. You agree to receive communications from us electronically by e-mail. You agree that all records or agreements made to you electronically shall be deemed to satisfy any legal requirements that such records or agreements be in writing.


Disclaimer & Limitation of Liability

All aspects of the Site are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KafeKulcha.com does not warrant that the functions contained in the Site will be uninterrupted or error-free or that defects will be corrected. KafeKulcha.com does not warrant or make any representations regarding the use or the results of the use of the Site. KafeKulcha.com uses reasonable efforts to include accurate and up-to-date information on the Site. However, errors or omissions may occur. KafeKulcha.com makes no warranties or representations as to the accuracy of the Site.

Under no circumstances including, but not limited to, negligence by act or omission, shall KafeKulcha.com, or any party involved in creating, producing, or delivering the Site, be liable for any damages, including but not limited to direct, indirect, consequential or punitive damages, that result from the use of or attempts to use the Site even if KafeKulcha.com, or a KafeKulcha.com authorized representative, has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall KafeKulcha.com's total liability to you for all damages, losses, and causes of action exceed the amount paid by you for accessing the Site.

KafeKulcha.com does not warrant the Site to be free of viruses, assumes no responsibility and shall not be liable for any damages to, or for viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
You expressly agree that use of the Site is at your sole risk.


Pricing & Availability Policy

Prices and availability are subject to change without notice and will be advised on the site. Errors will be corrected on the Site where discovered, and KafeKulcha.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted).


Links to Third Party Web Sites

The Site may contain links to other sites for added information purposes. KafeKulcha.com makes no representations whatsoever about any other web site which you may access through the Site. Any link at the Site to a third-party web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web site. KafeKulcha.com makes no representation or warranty as to any third-party products or services on such sites.


Policy Updates and Severability

KafeKulcha.com may change our Site, our policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining condition.


Acceptance of Terms & Conditions

These Terms & Conditions represent the entire agreement between you and KafeKulcha.com regarding your relationship with KafeKulcha.com, and supersedes all other statements and representations.

By using the Site YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE. If you are dissatisfied with the Site or any content on the Site or with these Conditions of Use, your sole and exclusive remedy is to discontinue using the Site.


Responsibility for Shipping Charges

Orders that are refused, unclaimed, and returned to us, will still be obligated to pay the original shipping and handling fee. Please note, once an order has left our location, shipping and handling is a non-refundable fee. All shipments are made on the following basis.

All deliveries are made to you or your nominated party at the nominated delivery Address in the metropolitan area of your capital city, only. For bulk orders the purchaser acknowledges that it is their responsibility to provide labour and equipment to unload and position the goods on site at the purchasers expense. For deliveries outside the metropolitan areas listed, all transport is at the purchasers expense and will be organised by KafeKulcha.com. Transport costs will always be displayed on the site and bourn by the purchaser.

Transport costs, where applicable, are included in the order form. Insurance for goods in transit is not included in the purchase price. If insurance is required by the purchaser, it must be arranged by the purchaser either direct with the carrier or their insurance agent. Purchase price does not include unpacking, placement or positioning of equipment or connection to services or removal of rubbish and packing.


Order Processing

Orders are normally shipped within 48 hours of receipt. Orders placed on Friday, Saturday, Sunday or NSW Public Holidays will be shipped on the following business day. If there is a delay in your order, we will notify you by phone or email regarding your order.


Back Orders

Although every attempt is made to maintain inventory of each product we offer, occasionally we may run out of certain models. If any product is not available for shipment, we will contact you by email with up-to-date delivery information. Some items are manufactured to order and will have at times an extended lead time.


Warranty

All items are covered by manufacturers warranty, due to the quantity of items on KafeKulcha.com all warranty items can not be displayed. If you require warranty information on a specific item please email us on info@kafekulcha.com.