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Terms and Conditions

Full Priced Items

Items that have been purchased at full price are eligible for a refund or store credit when returned to Kivari HQ within 14 days of delivery. Please note, we are unable to refund or credit the cost of shipping.

Promotional Items

Items that have been purchased during a promotion (e.g FLASH SALE) are subject to promotional specific return conditions. Please see below for specific terms and conditions. 

SALE Items

Items that have been purchased from our SALE category are FINAL SALE. Sale items that are marked Final Sale are not eligible for a return, exchange or store credit.

Online Exclusive ‘SALE Take A Further 40% Off Sale Styles’ is valid on selected Kivari styles online only, exclusions apply. Sale valid for a limited time. To use online enter the code SALEONSALEUS at checkout. Due to the high volume of demand, Kivari cannot guarantee the availability of stock during sale period. Prices as marked online. The sale cannot be used in conjunction with any other promotion. Sale is not redeemable for cash and cannot be used to purchase gift cards. The sale is subject to our General Terms and Conditions, Delivery, Returns and Privacy Policies. All sale returns and exchange policies apply - Items that have been purchased from our SALE category are FINAL SALE. Sale items that are marked Final Sale are not eligible for a return, exchange or store credit. Not valid on previous purchases. 

Promotional discount codes:

From time to time Kivari may run special online sale offers that may involve applying a discount code. These promotional discount codes that has been advertised on the website through a homepage banner, eDM and Instagram socials are to be applied at checkout to receive the discount. In order to take advantage of these special promotional offer, you must apply the correct promotional discount code advertised at the checkout under “gift card or discount code section and click the button “apply” to ensure this discount code has applied to your order. Please note only one promotional code may be used per transaction. If a discount code states it has expired and is invalid, Kivari reserves the right to deny honouring this discount if the code is no longer valid.

SALTA X KIVARI COMPETITION '12 Days By The Sea'

Terms & Conditions:

  1. The promoter is: Wild & Free Pty Ltd trading as KIVARI. 
  2. The competition is open to Australian residents only except employees of Kivari and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
  3. There is no entry fee and no purchase necessary to enter this competition.
  4. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  5. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
  6. Closing date for entry will be Tuesday 15th December 2020. After this date no further entries to the competition will be permitted.
  7. No responsibility can be accepted for entries not received for whatever reason.
  8. The rules of the competition and how to enter are as follows: To enter the entrant must sign up to the Kivari mailing list. Existing mailing list subscribers will automatically be entered in the draw. 
  9. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
  10. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
  11. The prize is as follows: a 2 night stay at SALTA Byron Bay (this stay will be due to availability of the accommodation, the stay must not be during peak season, Easter, Christmas, New Years, Splendour in the Grass or school holidays), return flights for 2 people from the following capital cities: Melbourne and Sydney, if you win the competition and are in any other location travel to Byron Bay will be at your own cost, a $1000 KIVARI gift card to be used in-store at the Byron Bay Boutique & a gift pack on arrival to SALTA Byron Bay.  The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. The Prize does not include any transfers, food or leisure activities outside of the stated prize. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
  12. Winner (1) will be chosen at random on: Tuesday 15th December 2020.
  13. The winner will be notified by email. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
  14. The promoter will notify the winner when and where the prize can be collected / is delivered.
  15. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
  16. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  17. The competition and these terms and conditions will be governed by Australian law.
  18. Entry into the competition will be deemed as acceptance of these terms and conditions.
  19. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to Kivari and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at http://www.kivari.com.au

20% Off Sitewideis valid on Kivari styles online only. Offer valid for a limited time. To use online enter the code SITEWIDE20 at checkout. Due to the high volume of demand, Kivari cannot guarantee the availability of stock during offer period. Prices as marked online. The offer cannot be used in conjunction with any other sale or promotion. Offer is not redeemable for cash and cannot be used to purchase gift cards. The offer is subject to our General Terms and Conditions, Delivery, Returns and Privacy Policies. All standard returns and exchange policies apply. Applicable refunds or credit notes provided will only reflect the purchase price of the item as displayed on the receipt, rather than the original price. Not valid on previous purchases.

30% Off Weekend Edit Promotion:is valid on selected Kivari styles only, exclusions apply. Offer valid for a limited time. Available online only. To use online enter the code WEEKEND30 at checkout. The offer cannot be used in conjunction with any other sale, promotion or discount code. Products purchased using this discount code, will be FINAL SALE and will not be able to be returned for a refund or credit note. Offer is not redeemable for cash and cannot be used to purchase gift cards. The offer is subject to our General Terms and Conditions, Delivery and Privacy Policies. Not valid on previous purchases. Due to the high volume of demand, Kivari cannot guarantee the availability of stock during offer period.

Thank You Voucher: 

$25 Thank you voucher. Valid against online orders. To use online, enter the code provided on your voucher at checkout. Not valid in conjunction with any other offer or voucher. Voucher must be used in a single transaction only and is not transferable. One Voucher per customer. Not redeemable for cash or credit. Non-refundable on returns. Voucher will not be replaced if lost or stolen. Voucher expires 30 days from initial receipt. Kivari reserves the right to investigate any discrepancies in the use of this voucher.

30% Off Get Dressed Promotion:is valid on selected Kivari styles, exclusions apply. Offer valid for a limited time. To use online enter the code GETDRESSED at checkout. Due to the high volume of demand, Kivari cannot guarantee the availability of stock during offer period. Prices as marked online. Discount applied at checkout in boutiques. The offer cannot be used in conjunction with any other sale or promotion. Offer is not redeemable for cash and cannot be used to purchase gift cards. The offer is subject to our General Terms and Conditions, Delivery, Returns and Privacy Policies. All standard returns and exchange policies apply. Applicable refunds or credit notes provided will only reflect the purchase price of the item as displayed on the receipt, rather than the original price. Not valid on previous purchases.

COMPETITIONS

SALTA X KIVARI COMPETITION '12 Days By The Sea'

Terms & Conditions:

  1. The promoter is: Wild & Free Pty Ltd trading as KIVARI. 
  2. The competition is open to residents worldwide except employees of Kivari and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
  3. There is no entry fee and no purchase necessary to enter this competition.
  4. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  5. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
  6. Closing date for entry will be Tuesday 15th December 2020. After this date no further entries to the competition will be permitted.
  7. No responsibility can be accepted for entries not received for whatever reason.
  8. The rules of the competition and how to enter are as follows: To enter the entrant must sign up to the Kivari mailing list. Existing mailing list subscribers will automatically be entered in the draw. 
  9. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
  10. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
  11. The prize is as follows: a 2 night stay at SALTA Byron Bay (this stay will be due to availability of the accommodation, the stay must not be during peak season, Easter, Christmas, New Years, Splendour in the Grass or school holidays), return flights for 2 people from the following capital cities: Melbourne and Sydney, if you win the competition and are in any other location travel to Byron Bay will be at your own cost, a $1000 KIVARI gift card to be used in-store at the Byron Bay Boutique & a gift pack on arrival to SALTA Byron Bay.  The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. The Prize does not include any transfers, food or leisure activities outside of the stated prize. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
  12. Winner (1) will be chosen at random on: Tuesday 15th December 2020.
  13. The winner will be notified by email. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
  14. The promoter will notify the winner when and where the prize can be collected / is delivered.
  15. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
  16. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  17. The competition and these terms and conditions will be governed by Australian law.
  18. Entry into the competition will be deemed as acceptance of these terms and conditions.
  19. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to Kivari and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at http://www.kivari.com.au


GENERAL TERMS OF USE

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Kivari reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

Standard for Electronic Transactions:

Kivari is governed by, is obligated to comply with, and fully supports the spirit of the Bermuda Standard for Electronic Transactions.

Copyrighted Materials for Limited Use:

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Kivari, and/or its subsidiaries (referred to herein as “Kivari”) or the copyrighted property of parties from whom Kivari has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Kivari reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Use of Site:

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Kivari (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted. Obtaining Products from Kivari does not entitle you to use any portion of Content apart from the finished Products as they are supplied to you by Kivari. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Kivari to provide Products to you. You agree that you will be responsible for all orders placed or other actions that are taken by you on this Website.

Indemnification:

You agree that you shall indemnify and defend Kivari and all parties from whom Kivari has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

Disclaimer of Warranty:

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for Kivari to do so. If those consumer guarantees apply to you, and Kivari cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Kivari: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Kivari to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired. Certain circumstances are beyond Kivari´s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for quantity or product type, and damage to the products arising after delivery to the customer. Please correct any mistakes prior to placing your order.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIVARI OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT KIVARI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM KIVARI OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL KIVARI BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT.

Site Feedback: Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Kivari in connection with the operation or content of this Site shall be provided by the submitter and received by Kivari on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Kivari. By submitting any such information to Kivari, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Kivari shall be free to use such information on an unrestricted basis.

International duties and taxes charges: 

Items in your order that are designated for shipment to countries outside of Australia may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees. Import Fees (including returns) for international shipments, if applicable, are charged to the customer. It is the responsibility of the customer to be aware of what import charges may be applicable in your country. Kivari does not have control on what these duties and taxes charges are and suggest to contact your local DHL to be aware of any charges which may occur receiving in orders from Australia. 

Refusing a shipment:

If you refuse a shipment from Kivari or refuse to pay any duties and taxes, you are responsible for the original shipping charges, any Import Fees that are incurred on the package, and the cost of returning the package to Kivari. This amount will be deducted from your merchandise refund. Kivari will not cover any duties and taxes charge that may occur.

Digital gift cards:

Digital gift cards purchased online are sent to the email address provided on the order as a digital gift card. Digital gift cards cannot be redeemed for cash and cannot be returned or cancelled.

 

Governing Law:

The party you are contracting with and the seller of the products and services offered and sold on this Site is Kivari. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of Australia. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Australia. You agree to submit to the jurisdiction of courts sitting in Australia, and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Kivari that a court sitting in Australia is an inconvenient forum for such legal action or proceeding.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

10% OFF YOUR NEXT ORDER