Terms of service

TERMS OF SERVICE

1. Overview

This website is operated by Koudurty.

Throughout the website, the terms “Koudurty”, “we”, “us” and “our” refer to Koudurty.

Koudurty operates the website Koudurty.store, including all information, products, features, services and functionality made available through the website.

These Terms of Service (“Terms”) govern your access to and use of our website and the purchase of products from us.

By accessing our website, placing an order or otherwise using our services, you agree to be bound by these Terms, together with any policies referred to in them, including our Return & Refund Policy and Privacy Policy.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law (ACL) or any other applicable Australian law.

If any provision of these Terms conflicts with a right that cannot legally be excluded, that statutory right will prevail.

2. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Your rights under the Australian Consumer Law apply in addition to any rights offered under our own policies.

Nothing contained on this website or in these Terms is intended to limit those rights.

3. Eligibility to Use Our Website

By using our website or placing an order, you confirm that:

  • You are legally capable of entering into a binding agreement; or

  • You are using the website with the involvement and permission of a parent or legal guardian where required.

You must not use our website or services for any unlawful or fraudulent purpose.

4. Online Store Terms

You agree to provide accurate, complete and current information when placing an order.

You must not use our products, website or services for any unlawful purpose or in any way that violates applicable laws or regulations.

You must not:

  • Attempt to interfere with the proper operation or security of the website.

  • Introduce viruses, malicious code or other harmful technology.

  • Attempt to gain unauthorised access to our systems or accounts.

  • Use automated systems to abuse, scrape or disrupt the website where such activity materially interferes with its operation.

  • Use the website to engage in fraudulent activity.

  • Impersonate another person or provide false information.

We may take reasonable steps to prevent or address fraudulent, unlawful or abusive activity.

5. Product Information

We take reasonable care to ensure that product descriptions, specifications, photographs, colours, sizing information and other information displayed on our website are accurate.

However, the appearance of colours may vary slightly depending on your device, screen settings and lighting conditions.

Minor variations that reasonably arise from manufacturing processes may also occur.

Nothing in this section permits Koudurty to supply a product that is materially different from its description or otherwise fails to comply with the consumer guarantees under the Australian Consumer Law.

If a product you receive is materially different from its description, faulty or otherwise fails to meet a consumer guarantee, you may be entitled to a remedy under Australian law.

6. Availability

All products are subject to availability.

Displaying a product on our website does not guarantee that it will remain available until your order has been accepted.

We may reasonably limit quantities available for purchase where necessary for stock management, fraud prevention, promotional limits or other legitimate business reasons.

Where we are unable to fulfil an accepted order, we will notify you and provide an appropriate remedy, including a refund where required.

7. Prices

Unless otherwise stated, all prices displayed on Koudurty.store are in Australian Dollars (AUD).

Prices will include applicable taxes where required by Australian law.

Any applicable delivery charges or other costs will be clearly disclosed to you before you complete your purchase.

We aim to ensure all prices displayed on our website are accurate.

If an obvious pricing or technical error occurs, we may contact you before accepting or fulfilling the affected order.

Where an order cannot reasonably be fulfilled because of an obvious pricing error, we may cancel the affected order and provide a full refund of any amount paid.

Nothing in this section limits any rights available to you under the Australian Consumer Law.

8. Promotions and Discounts

From time to time, Koudurty may offer promotions, discount codes, bundles or other special offers.

Additional conditions may apply to particular promotions and will be disclosed with the relevant offer.

Unless otherwise stated:

  • Promotional codes cannot be exchanged for cash.

  • Only one promotional code may be applied to an order.

  • Promotional codes must be used within any stated conditions.

  • Promotions are subject to stock availability.

  • Promotions cannot generally be applied retrospectively to orders already completed.

Any promotional conditions operate subject to the Australian Consumer Law.

Products purchased during promotions or sales remain covered by applicable consumer guarantees.

9. Orders and Contract Formation

Products displayed on our website are an invitation for customers to place an order.

By submitting an order, you are making an offer to purchase the products in your order subject to these Terms.

An automated order confirmation or payment acknowledgement confirms that we have received your order. It does not necessarily mean that your order has been accepted.

An order is accepted when we expressly confirm acceptance or commence fulfilment or dispatch of the order.

Electronic communications may be used in connection with entering into and performing contracts through our website.

10. Order Review and Cancellation by Koudurty

Before an order is accepted or dispatched, we may reasonably review it for matters including:

  • Product availability.

  • Obvious pricing or listing errors.

  • Suspected fraud or unauthorised payment activity.

  • Incorrect or incomplete delivery information.

  • Delivery restrictions.

  • Unusually large quantities inconsistent with normal consumer purchases.

  • Technical errors affecting the transaction.

We will not cancel orders arbitrarily where doing so would breach applicable law.

If we cancel an order after receiving payment and you are entitled to a refund, the relevant amount will be refunded using the original payment method where reasonably possible.

11. Customer Order Cancellations

If you wish to cancel an order, please contact us as soon as possible at:

contact@Koudurty.store

We will attempt to accommodate cancellation requests where reasonably possible.

However, once an order has entered processing, fulfilment or dispatch, cancellation may no longer be possible.

If an order has already been dispatched, our Return & Refund Policy will apply.

Nothing in this section restricts any cancellation right you may have under Australian law.

12. Payment

You agree to provide current, complete and accurate payment and billing information.

Payment methods available to you will be displayed during checkout.

By submitting payment details, you represent that you are authorised to use the selected payment method.

Payments may be processed by third-party payment providers.

Your use of a third-party payment method may also be subject to that provider's terms and privacy practices.

We do not guarantee the availability of every payment method at all times.

If payment is declined or cannot be authorised, your order may not be completed.

13. Fraud Prevention

We may use reasonable fraud-prevention and order-verification measures to protect customers and Koudurty.

Where an order is reasonably suspected of involving fraud, identity misuse or unauthorised payment activity, we may request additional information, delay fulfilment while reasonable checks are performed, or cancel the order where appropriate.

Any personal information collected for this purpose will be handled in accordance with our Privacy Policy and applicable privacy law.

14. Shipping and Delivery

We deliver to locations made available through our checkout.

Customers are responsible for providing a complete and accurate delivery address.

Shipping availability may vary depending on the destination and product.

Any delivery information or estimates displayed on our website are provided based on the information reasonably available to us and our delivery partners.

Where a specific delivery timeframe has not been agreed, goods must still be supplied within a reasonable time as required by applicable law.

We will not use these Terms to exclude responsibility where a delivery issue gives you rights under the Australian Consumer Law.

15. Delivery Delays

Occasionally, delivery may be affected by circumstances outside the reasonable control of Koudurty or the carrier, including severe weather, transport disruptions, natural disasters, customs processes, industrial action or other significant events.

Where delays occur, we will take reasonable steps to assist with the delivery.

Nothing in this section removes any right you may have if goods are not supplied within an agreed or reasonable time under Australian law.

16. Incorrect Delivery Information

You are responsible for checking your delivery information before submitting your order.

If you notice an error, contact us at contact@Koudurty.store as soon as possible.

We will attempt to update the information where reasonably possible.

If an order has already been dispatched, we may not be able to change the delivery address.

Reasonable additional delivery costs may apply if an order needs to be sent again because incorrect or incomplete delivery information was provided by the customer.

This does not apply where the delivery problem was caused by Koudurty or where Australian law requires otherwise.

17. Failed Delivery and Returned Parcels

If a parcel is returned to us because:

  • The delivery address was incorrect or incomplete.

  • Delivery was repeatedly unsuccessful.

  • The parcel was not collected where collection was required.

  • The recipient refused delivery without exercising an applicable legal right.

we will contact you where reasonably possible to discuss available options.

Additional shipping charges may apply for re-delivery where the failed delivery was caused by information or actions within the customer's control.

Nothing in this clause limits rights available under Australian law.

18. Returns, Exchanges and Refunds

Returns, exchanges and refunds are governed by our Return & Refund Policy, which forms part of these Terms.

Our voluntary return policy operates in addition to your rights under the Australian Consumer Law.

Where there is a conflict between our voluntary return policy and a mandatory right under the Australian Consumer Law, the Australian Consumer Law will prevail.

19. Change of Mind

Any voluntary change-of-mind return rights offered by Koudurty are described in our Return & Refund Policy.

Australian Consumer Law does not generally require a business to provide a refund merely because a customer changes their mind, subject to any additional rights provided by the business or applicable law.

Where we voluntarily offer change-of-mind returns, we will apply the conditions disclosed in our Return & Refund Policy.

20. Faulty or Non-Compliant Products

If a product:

  • Is faulty.

  • Is unsafe.

  • Is not of acceptable quality.

  • Is materially different from its description.

  • Is not fit for a purpose made known to us in circumstances where the consumer guarantee applies.

  • Otherwise fails to satisfy an applicable consumer guarantee.

you may be entitled to a remedy under the Australian Consumer Law.

Available remedies depend on the nature and seriousness of the failure and may include repair, replacement, refund or compensation where applicable.

Our Return & Refund Policy provides further information.

21. Intellectual Property

Unless otherwise stated, the content available through Koudurty.store, including:

  • Brand names.

  • Logos.

  • Website design.

  • Graphics.

  • Photographs owned by or licensed to us.

  • Text.

  • Product descriptions created by us.

  • Layouts.

  • Videos.

  • Promotional material.

is owned by, licensed to, or otherwise lawfully used by Koudurty and is protected by applicable intellectual property laws.

You may use our website for personal and non-commercial shopping purposes.

You must not reproduce, distribute, modify, republish, commercially exploit or falsely represent our protected content as your own without permission, except where permitted by law.

22. Third-Party Intellectual Property

Any trademarks, trade names or other intellectual property belonging to third parties remain the property of their respective owners.

Nothing on our website grants you rights to use third-party intellectual property except as permitted by law.

If you believe content on our website infringes intellectual property rights, please contact:

contact@Koudurty.store

23. Customer Reviews and Submitted Content

Where we allow customers to submit reviews, photographs, comments or other content, you confirm that:

  • You have the right to submit that content.

  • The content is not deliberately false or misleading.

  • The content does not unlawfully infringe another person's rights.

  • The content is not unlawful, threatening or malicious.

You retain ownership of content you create.

By submitting content for publication on our website or associated marketing channels, you grant Koudurty a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for reasonable business and promotional purposes connected with Koudurty.

Where reasonably possible, you may contact us to request that customer-submitted content be removed.

We may moderate or remove content for legitimate reasons, including unlawful content, spam, fraudulent reviews or material that infringes another person's rights.

We will not manipulate customer reviews in a manner that is misleading or deceptive.

24. Accuracy of Website Information

We take reasonable steps to maintain accurate website information.

Occasionally, information may contain typographical, technical or administrative errors.

Where we identify an error, we may correct it.

Corrections will not be used to retrospectively remove or reduce rights already acquired by customers under applicable law.

25. Third-Party Services and Links

Our website may contain links to or integrations with third-party websites, payment processors, delivery providers, social media services or other external services.

We do not control all aspects of these third-party services.

Accessing external websites may be subject to their own terms and privacy policies.

Nothing in this section excludes liability that Koudurty cannot lawfully exclude.

26. Website Availability

We aim to keep our website available and functioning properly.

However, we cannot guarantee uninterrupted access at all times.

Access may temporarily be unavailable due to:

  • Maintenance.

  • Security issues.

  • Technical faults.

  • Hosting interruptions.

  • Events outside our reasonable control.

We may make reasonable changes to website functionality from time to time.

Nothing in this section affects rights relating to products or services that you have already purchased.

27. Prohibited Conduct

You must not use our website to:

  • Engage in unlawful or fraudulent activity.

  • Violate another person's intellectual property rights.

  • Transmit malicious code.

  • Attempt unauthorised access to systems or data.

  • Harass or threaten another person.

  • Misrepresent your identity.

  • Submit fraudulent orders.

  • Interfere materially with the operation or security of the website.

  • Collect personal information about other users unlawfully.

  • Use the website in a way prohibited by applicable law.

We may reasonably restrict access where necessary to protect our website, customers or business from unlawful or abusive activity.

28. Consumer Guarantees and Liability

Nothing in these Terms excludes, restricts or modifies:

  • The Australian Consumer Law.

  • Consumer guarantees.

  • Liability that cannot legally be excluded.

  • Any other mandatory statutory right or remedy.

To the extent permitted by law, Koudurty will not be responsible for loss that:

  • Was not reasonably foreseeable.

  • Was caused by the customer's unlawful or negligent conduct.

  • Was caused by a third party in circumstances for which Koudurty is not legally responsible.

Any limitation of liability in these Terms applies only to the maximum extent permitted by law.

We do not exclude liability where doing so would be unlawful.

29. Indemnity

You are responsible for loss or damage reasonably suffered by Koudurty as a direct result of your unlawful use of the website, fraudulent conduct or material breach of these Terms, to the extent permitted by law.

This clause does not require you to compensate Koudurty for loss caused by our own negligence, unlawful conduct or breach of applicable law.

Nothing in this clause limits your rights under the Australian Consumer Law.

30. Events Outside Reasonable Control

Neither party will be considered responsible for a delay or failure to perform an obligation to the extent that the delay or failure is caused by circumstances genuinely outside that party's reasonable control.

This may include significant natural disasters, widespread transport disruption, government restrictions or major infrastructure failures.

The affected party must take reasonable steps to minimise the impact where reasonably possible.

This section does not exclude rights that cannot lawfully be excluded, including rights that may arise where products are not supplied within an agreed or reasonable period.

31. Privacy

Our collection, use, storage and disclosure of personal information is described in our Privacy Policy.

By using our website, you acknowledge that personal information necessary to process your order and provide our services may be handled in accordance with that policy and applicable Australian privacy laws.

Our Privacy Policy should be read separately from these Terms.

32. Marketing Communications

Where you choose to receive promotional communications from Koudurty, we may send you information about products, offers and other relevant updates in accordance with applicable law.

You may unsubscribe from marketing communications using the unsubscribe method provided in the communication or by contacting us.

Transactional communications relating to orders, payments, security, delivery or customer service may still be sent where necessary.

33. Electronic Communications

You agree that communications relating to your use of our website or orders may be provided electronically where permitted by law.

These may include:

  • Order confirmations.

  • Payment confirmations.

  • Shipping notifications.

  • Customer service communications.

  • Policy notices.

  • Other transactional communications.

Electronic transactions and communications will be handled in accordance with applicable Australian law.

34. Changes to These Terms

We may update these Terms where reasonably necessary, including to reflect:

  • Changes to our services.

  • Changes to website functionality.

  • Changes in applicable law.

  • Security or operational requirements.

The current version will be published on our website.

Unless required by law, material changes to these Terms will not retrospectively alter the contractual rights applying to an order already accepted before the change.

Your future use of the website after revised Terms take effect will be subject to the revised Terms.

35. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.

The remaining provisions will continue to operate to the extent legally permitted.

36. No Waiver

If Koudurty does not immediately enforce a right under these Terms, this does not necessarily mean that the right has been waived.

Likewise, nothing in these Terms prevents a customer from exercising rights available under applicable law.

37. Entire Agreement

These Terms, together with the policies expressly incorporated into them and the terms disclosed to you in connection with a particular order, form the agreement relating to your use of the website and purchases from Koudurty.

Nothing in this section excludes or overrides:

  • Consumer guarantees.

  • Representations that cannot lawfully be excluded.

  • Liability for misleading or deceptive conduct.

  • Other rights or remedies available under Australian law.

38. Governing Law

These Terms are governed by the laws applicable in Australia.

Nothing in these Terms is intended to deprive a consumer of any mandatory protections available under the laws of the Australian State or Territory that apply to them.

Any dispute will be subject to the jurisdiction of courts or tribunals having lawful jurisdiction over the matter.

39. Complaints and Disputes

If you have a concern about an order, product or our services, please contact us first so that we can attempt to resolve the matter.

Email: contact@Koudurty.store

We will aim to handle complaints fairly and in accordance with applicable Australian law.

Nothing in these Terms prevents you from exercising any right to contact a relevant consumer protection body, tribunal, regulator or court.

40. Contact Information

Questions regarding these Terms of Service can be sent to:

Koudurty
Website: Koudurty.store
Email: contact@Koudurty.store

41. Statutory Rights

Nothing in these Terms of Service is intended to exclude, restrict or modify any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including Schedule 2 — the Australian Consumer Law, or any other applicable Australian legislation.