Terms and Conditions
These terms and conditions apply to the Kate Spade Home Australia website located at www.katespadehomegifts.com.au (the “website”) and is operated by Fiskars Australia Pty Ltd ABN 59 000 078 562 (referred to as "Fiskars/we/our/us"). Fiskars Australia Pty Ltd is part of the Fiskars Group of companies.
Our offices are located at:
100 Holbeche Road
As user of this website (referred to as "you/your"), you acknowledge that any use of this website, including any transactions you make ("use/using"), is subject to our terms and conditions below.
1.2 We may at any time make changes to this site and the details displayed on it, including prices.
1.3 Delivery will be charged in addition, and any such additional charges are clearly displayed where they apply. For further details on delivery and delivery charges please see the Delivery section for further details.
1.4 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
1.5 We reserve the right to make changes to these terms and conditions at any time. If you do not accept the amended terms, please do not use the Site. Your continued use of the Site indicates that you accept the amended terms.
2. Order Process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'confirmation' stage sets out the final details of your order. Subject to stock availability, you will then be requested to enter your credit card details and once your card has been approved, we will accept your order and our contract is made.
2.3 We will send you confirmation of your purchase by email in the form of a tax invoice/receipt detailing the products you have purchased.
3.1 Your order will not be accepted if the item is not in stock.
3.2 The period stated within which you will receive your order is approximate, the delivery times stated are for guidance only. Goods will be sent to the address given to us by you in your order and stated in the purchase confirmation.
3.3 You will receive an email to notify you when your order has been dispatched.
3.4 We have the right to choose the means and carrier with which we deliver your order.
3.5 Risk of loss and damage of products passes to you on the date when the products are delivered.
3.6 Repeat deliveries may incur additional charges.
4.1 Payment is taken from your credit card when it is approved by your financial institution and then we accept your order. In the event that the credit card is not approved or has expired we will be unable to take payment and fulfil your order. Payment methods like Paypal eCheck take longer to process, funds can take between 3 to 5 days to clear and your order will be queued in our system. Your order will only be accepted and processed when payment is received. We do not hold or allocate any stock for queued orders, so the product/s ordered could become out of stock in the time between your purchase and payment being received. If stock is not available, we will contact you to provide you with a full refund within 30 days.
4.2 In the event that we are then unable to supply the goods we will inform you as soon as possible. If you have already paid for goods we will provide you with a full refund within 30 days.
4.3 We make every effort to ensure that the price displayed on our website is correct at the time of you placing your order.
4.4 However if an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible, and you will be given the opportunity to re-order at the correct price. We shall be under no obligation to fulfil an order for a product, which was advertised at an incorrect price. If the item(s) has been charged and not dispatched we will cancel and refund your order.
4.5 Title in the products which you have ordered on this website will pass to you on delivery assuming that we have received payment in full for such products.
5. Cancellation and Refunds
5.1 If you wish to return the products you ordered please return them within 7 days of receipt, unused in their original packaging and we will provide you with a full refund. Please see our Returns policy for further details.
5.2 If there is a fault with your products, please contact us within 7 days of receipt, via email and we will provide you with a replacement (if available) or a full refund pursuant to clause 7. Please see our Returns policy for further details.
5.3 Delivery charges are non-refundable subject to our Returns Policy. If you change your mind about the products you have ordered you will be responsible for the cost of returning those products to us.
6. Intellectual Property
6.1 You agree that all Intellectual Property Rights and all other materials contained on this website remain the property of Fiskars or its content and technology providers.
6.2 ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), Trade Marks (whether registered or unregistered), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of proprietary nature in or to the results of intellectual activity in the industrial, commerical, scientific, literary or artistic fields, whether registerable or not and wherever existing in the world, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights.
6.3 All Intellectual Property Rights in the web site design, text, graphics, their selection and arrangement and all software compilations underlying source code, software, and all other material on this web site are owned by Fiskars or its content and technology providers. All rights reserved.
6.4 Fiskars grants users a license to electronically copy and print in hard copy portions of this web site for the sole purpose of placing an order with Fiskars or using this site as a shopping resource. Any other use of the materials on this site - including reproduction for purpose other than those noted above, modification, distribution or re-publication - without the prior written permission of Fiskars is strictly prohibited.
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law. Nothing in these terms and conditions excludes, restricts or modifies any guarantee, condition, warranty, right, obligation or remedy implied or imposed by any statue or regulation which cannot lawfully be excluded, restricted or modified. The Australian Consumer Law and other statues in force from time to time in Australia may restrict any exclusion or limitation or liability or may imply warranties, representations or conditions, or impose remedies or obligations, upon Fiskars which cannot be excluded or limited (or modified) except to a limited extent. These terms and conditions must be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then, to the extent to which Fiskars is entitled to do so, Fiskars limits Fiskars' liability pursuant to such provisions (at Fiskars' option) to
(a) in the case of goods:
(1) the replacement of the goods or the supply of equivalent goods;
(2) the repair of such goods;
(3) the payment of the cost of replacing the goods or of acquiring equivalent goods: or
(4) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(1) the supplying of the services; or
(2) the payment of the cost of having the services supplied again.
7.2 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.3 Subject to 7.1 above, Fiskars will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any, economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or consequential, special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.4 Notwithstanding the above, subject to Section 7.1 Fiskars' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.5 The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Fiskars does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Fiskars.
7.6 Clause 7 does not affect your statutory rights as a consumer nor does it affect your contract cancellation rights under Section 5.
8. Severability and Waiver
8.1 If any of these conditions is or becomes invalid or unenforceable, then it will be modified to remove the invalidity or unenforceability and will then be binding. All other terms will remain in full force and effect.
8.2 A failure to exercise any right or remedy will not affect any right or remedy nor alter the obligations, which we have to each other.
9. Delay or Inability to Supply
We will not be liable to you for any loss or damage which may arise as a result of the supply of goods being prevented by circumstances beyond our control including the default of any of our suppliers.
10.1 These terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Fiskars and you relating to your purchase.
10.2 No waiver by us of any breach of these terms and conditions shall be considered as a waiver of any subsequent breach of the same or any other position.
10.3 It is a criminal offence to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
10.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
10.5 Fiskars makes no promise that materials on this site are appropriate or available for use in locations outside Australia and accessing the site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Australia you do so on your own initiative and are responsible for compliance with local laws.
10.6 Our policy is to offer the same prices to Australian and overseas customers. We do not adjust the prices for GST and you are responsible for any local tax, charges and custom duties. If you refuse to pay local taxes, charges and custom duties and the goods are returned to us, we have the right to withhold from the refund both the initial delivery cost and the cost of repatriating the goods, up to the value of the original delivery charge.
10.7 Where we take payment for an order in Australian Dollars, we are not responsible for the exchange rate at which a bank charges their customer, or for any additional charges they make. In addition, any refunds are made in the same currency that the order was placed and we are not responsible for the exchange rate at which a bank charges their customer, or for any additional charges they make.
10.8 A person who is not a party to these terms and conditions shall have no right to enforce any term of these terms and conditions.
10.9 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
11. Promotional Codes
11.1 Promotional codes can only be used online and are subject to these general terms and conditions.
11.2 We reserve the right to withdraw or cancel promotional codes for any reason at any time.
11.3 Promotional codes are and remain at all times, the property of Fiskars.
11.4 Where a promotional code is issued to a specific individual the right to any associated discount is personal to the recipient and may not be transferred.
11.5 Promotional codes distributed or circulated without the written approval of Fiskars, for example on an Internet message board, are not valid for use and may be refused or cancelled.
12. Applicable Law
12.1 These terms and conditions shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.