Terms And Conditions
KOKO’S HAVEN’S WHOLESALE TERMS AND CONDITIONS
I. GENERAL TERMS:
(a) NOTICE: Sale of any Products or Services is expressly conditioned on the Consumer’s acceptance of the Terms and Conditions listed in this Agreement (the “Agreement”). Any acceptance of Koko’s Haven offer is expressly limited to acceptance of these Terms and Conditions.
(b) These terms, conditions, and disclosures apply to your purchase, use, and/or return of Koko’s Haven products. By purchasing a product from Koko’s Haven and/or using your product, you acknowledge that you have read and that you agree that this Agreement shall apply to your purchase and use of the product. Furthermore, you agree to abide by all of the terms and conditions set forth in this Agreement, including the “ABITRATION OF DISPUTE” provision in paragraph VII of this Agreement, which requires you to arbitrate your dispute with Koko’s Haven.
(c) If you have any questions that you do not believe are addressed by this Agreement, you can and should call, e-mail, or write to Koko’s Haven at the number and/or address shown at the end of this Agreement.
(d) Please review this Agreement carefully in its entirety and keep it with your other important records. Failure to carefully review the Agreement in its entirety does not excuse you from the terms and conditions in it, including your express agreement to arbitrate your disputes with Koko’s Haven.
(a) The terms “Consumer”, “I”, “me”, “mine”, “my”, “you’” and “your” shall mean any person who purchases and/or uses the purchased Koko’s Haven products made directly from Koko’s Haven or any authorised dealer of Koko’s Haven within Australia.
III. PRODUCT ORDERS AND PURCHASES
(a) ORDERS: Koko’s Haven, in its sole discretion, reserves the right to decline orders placed by Consumers. Any order placed by a Consumer for Koko’s Haven products will not bind Koko’s Haven until the order is accepted by Koko’s Haven in writing. Koko’s Haven does not advertise or sell its products to children. YOU MUCH BE AT LEAST 18 YEARS OF AGE TO ENTER YOUR PERSONAL INFORMATION AND PLACE AN ORDER FOR ANY PRODUCTS THAT KOKO’S HAVEN DISTRIBUTES.
(b) PRODUCTS AVAILABILITY: All orders are subject to the availability of the requested products. If, for any reason, the ordered products are unavailable, the Consumer will be offered at their choosing either another product or a full refund. You acknowledge and agree that in the event a product you ordered is unavailable, Koko’s Haven will not be responsible for any losses resulting from the unavailability of the product or Koko’s Haven’s inability to supply the ordered product.
(c) PRODUCT INFORMATION, PRICE AND GST FOR CONSUMERS: All pricing is stated in Australian Dollars (AUD$) and is GST inclusive. You acknowledge Koko’s Haven website and store prices are subject to change without notice. The current price is shown on the website at the time you place the order. Koko’s Haven recognises that clerical errors may occur during the input of product information or description. In the event of a clerical error, Koko’s Haven reserves the right to revise the product information and description. You further acknowledge that the quoted prices for each product do not include shipping and handling / delivery charges.
(d) GST FOR SALONS: All prices are inclusive of GST. Consumers outside Australia are subject to GST pending laws and tax regulations for individual countries.
(e) SALES, PAYMENTS, AND DELIVERY: Payment for goods purchased from the company shall be made prior to delivery without exceptions. All orders are to be in prior to 2pm for next day delivery. All sales are final and are subject to the Return Policy as provided in section IV of this Agreement.Payment for goods purchased from the company shall be made prior to delivery without exceptions.
(f) INTERNATIONAL ORDERS AND PURCHASES: International Consumers may purchase products directly from Koko’s Haven through its online store. All orders and purchases made online by consumers outside Australia are final and are subject to return policy terms in section IV(c). International Consumers acknowledge that prices do not include international shipping and handling fees. International shipping and handling will be added to the purchase order prior to checkout.
IV. RETURN POLICY:
All Koko’s Haven products are subject exclusively to this Return Policy. ALL PRODUCTS ARE SUBJECT TO EXCHANGE ONLY, except as provided in subparagraph (a) below. The following terms and conditions cover the situations where either (a) the products are faulty or damaged on delivery; or (b) you change your mind and wish to return non-faulty products.
(a) Return of Products received damaged or faulty on delivery: Where products are received by you faulty or damaged, you must notify Koko’s Haven Monday to Friday 9am – 5pm AEST via email: firstname.lastname@example.org or its authorised agent within 5 working days of your receipt of the damaged or faulty products and return faulty or damaged products within 10 working days in order for credit or exchange of product. You may receive a credit or exchange if it is determined that the product was not damaged by you, and the product was faulty at the time of receipt. No claim will be accepted once the 5 working day period expires. Any re- delivery is subject to the safe return of any faulty or damaged goods in its original packaging along with a copy of the purchase receipt. If you have purchased the product from an authorised agent of Koko’s Haven, please contact the authorized agent within the 5 working day period for your exchange or refund. If you have purchased the product directly from Koko’s Haven website, please contact us Monday – Friday 9am – 5pm AEST via phone or email: email@example.com to notify of damage or faulty products, complete and return via email the “Product Incident Form” and return the faulty products to:
Koko’s Haven Pty Ltd
4 Camelia Avenue
LOGAN CENTRAL QLD 4114
(b) Return of non-faulty or non-damaged products: Return of non-faulty products is subjected to EXCHANGE Only. You must contact Koko’s Haven Monday – Friday 9am to 5pm AEST via phone or email: firstname.lastname@example.org that you wish to return (at your own expense) the product you are seeking to exchange within 5 working days of your receipt of the product. In order to return the product to Koko’s Haven please make sure you request and complete “Exchange Product Form” and return via email within 5 working days and return of products to Koko’s Haven within 10 working days. In order to return the product to the Authorised Agent, please contact them directly for their Terms and Conditions. There are no exchanges after 10 working days and without a Return Authorisation Number. If Koko’s Haven have not been contacted and received a completed Exchange Product Form within the 5 working days, there will be no exchanges. In order to exchange a product, the product must be unused and its original packaging. Koko’s Haven reserves the right to refuse exchanges on any product it deems was returned in a used condition. Upon receipt of the returned product by Koko’s Haven determination that the product is unused or undamaged, you will receive credit from Koko’s Haven in the amount of your original purchase which can be used to purchase any product from Koko’s Haven. In the event that Koko’s Haven will be required to pay any portion of your shipping fees, such amount will be reduced from the credit given to you for a replacement product.
(c) Return by International Consumers: There are NO RETURNS/EXCHANGES for international orders made through Koko’s Haven online store. If the product was purchased from an Authorised Agent the any exchanges must be made through the authorised Agent.
V. CONSUMABLE HAIR PRODUCTS ARE SOLD “AS IS”:
ALL KOKO’S HAVEN PRODUCTS ARE CONSUMABLE AND THEREFORE ARE SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY.
VI. LIMITATION OF LIABILITY:
(a) No liability for special damages and third party liability: Koko’s Haven will not be liable for any special, incidental, consequential, exemplary or punitive damages under any circumstance. Moreover, Koko’s Haven will not be liable for the conduct or contractual obligations of a third party.
(b) Force majeure: Not withstanding anything set out in these terms and conditions, Koko’s Haven will not be liable for any failure or delay in performance of its obligations if it is due to an event beyond Koko’s Haven reasonable control, including, without limitation, acts of God, war, industrial dispute, courier delay, fire, flood, tempest or national emergencies. If so delayed, Koko’s Haven will be entitled to a reasonable extension of time for performing its obligations. Any dates Koko’s Haven specify for the delivery of its products are only approximation of time, and Koko’s Haven will not be liable for any losses, damages, charges, costs or expenses caused by any delay in delivery of the goods.
(c) Personal injury: All goods supplied must be used strictly in accordance with any applicable instructions. Except where Koko’s Haven is negligent, Koko’s Haven accepts no liability for injury or damage caused by the improper use of any Products. KERATIN PRODUCTS ARE SOLD ONLY FOR PROFESSIONAL USE, AND KOKO’S HAVEN WILL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY A CONSUMER WHO IS NOT A HAIR STYLIST PROFESSIONAL. USE OF KERATIN PRODUCT BY A CONSUMER WITHOUT PROFESSIONAL TRAINING CONSTITUTES MISUSE OF THE PRODUCT.
(d) Contents of Koko’s Haven Website: KOKO’S HAVEN WEBSITE IS PRESENTED “AS IS.” KOKO’S HAVEN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, ITS CONTENT OR ANY OTHER PORTION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE UNDER APPLICABLE LAW. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY
(a) INTERRUPTION OF BUSINESS;
(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE;
(c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE;
(e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR
(f) EVENTS BEYOND OUR REASONABLE CONTROL.
VII. INDEMNIFICATION: As a condition of use of Koko’s Haven website and online store, you agree to indemnify, defend, and hold harmless Koko’s Haven, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of Koko’s Haven website, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
VIII. Arbitration of Dispute – IMPORTANT NOTICE AFFECTING YOUR RIGHTS: In the event of any controversy between the parties, including but not limited to any claim, dispute, suit, demand, cross claim, counterclaim, or third party complaint (whether statutory, in tort, or otherwise) arising out of or relating to this Agreement or its performance, breach, termination, enforcement, interpretation or validity, including the validity, scope or applicability of this provision to arbitrate, shall be determined by binding arbitration. This arbitration provision is governed by the Australian Disputes Centre. The parties agree that arbitration SHALL BE before a single arbitrator on an individual basis and not as a class or mass action. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims. The Arbitration shall be administered by the South Queensland Dispute Resolution Centre, 363 George Street, Brisbane City, Queensland 4000. Phone: 07 3239 6007 or another nationally known consumer arbitration service on which the parties shall agree. Arbitration shall be administered according to the arbitration service’s fee schedule and the service’s current applicable rules and procedures except: 1) that the parties expressly waive the applicability of any rule governing class or mass action; and 2) that the parties agree that any specific arbitration procedure provided for herein shall apply to the arbitration proceeding. The arbitrator shall be neutral and independent and shall comply with the selected arbitration service’s code of ethics. Additionally, the arbitrator shall be guided by and apply the Federal Rules of Evidence and “governing substantive” law. The arbitrator’s award shall be final and binding on all parties. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties. If a party fails to comply with the arbitrator’s award, the other party may petition a court having jurisdiction to enforce the award. The parties shall bear their own attorneys’ fees unless such fees are expressly provided for by applicable law. If the Arbitrator determines that reasonable attorneys’ fees are to be awarded under applicable law, the parties agree that the Arbitrator will also determine the amount under the award for attorneys’ fees. In the event a party fails to proceed with arbitration, fails to comply with the arbitrator’s award or unsuccessfully challenges the arbitrator’s award the other party is entitled to any costs and expenses incurred, including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award.
I acknowledge that I have read and agree to abide by the terms of the arbitration provision set forth above.
IX. REQUIRED CONSUMER NOTICE:
Australian Consumer Law: Under Australian Securities and Investments Commission Act 2001, (ASIC Act) Australia website users are entitled to the following specific consumer rights notice.
The Koko’s Haven brand is owned and operated by Koko’s Haven Pty Ltd ABN:77 283 445 668 controlling the interests of the website kokoshaven.com.au
(a) General Privacy Information: Koko’s Haven takes reasonable processes to protect your personal information once it is in our possession, however we cannot guarantee the security of any information you transmit to us before it reaches us, and this is done so at your own risk.
Remember, you are solely responsible for maintaining the secrecy of your sign in ID, password, account information and personal information.
Publicly disclosing information whether it be personal or not, on any public website interactive service such as blogs, reviews and product recommendations can be collected, claimed and/or used to send unsolicited messages by other parties not under the control of Koko’s Haven.
Additionally, please don’t submit any information on public website interactive service that you don’t want the whole world to know.
(b) What We Collect and What We Do With It: Koko’s Haven collects personal information by which you can be identified when using the kokoshaven.co.au website.
Please note that if you do withhold certain information, it is likely that you will not be able to use some of our services and/or order and/or sign up.
When you sign up, order or utilise the customer or professional check out on kokoshaven.com.au or Koko’s Haven HQ store (including in person, by email, phone and online) Your personal information will be added to our database and may be used by Koko’s Haven on an ongoing basis for the purpose of marketing communications, which will include our regular email newsletter that includes new products and offers.
The personal information Koko’s Haven may collect includes:
- Your name,
- Delivery and billing address,
- Email address,
- Contact number,
- Product wish lists,
- Transaction details,
- Enquiry details,
- Business name (applicable to Koko’s Haven Professional sign up),
- Hair or beauty trade qualification (applicable to Koko’s Haven Professional sign up),
This personal information allows Koko’s Haven amongst other items to:
- Complete an order or enquiry,
- Communicate transactional and delivery information required to service an order or enquiry,
- To provide and administer operations, products, services and enquires,
- Process payments, exchanges and refunds,
- Maintain and update records,
- Complete Registrations,
- Verify warranty information and registrations,
- Verify your identity,
- Conduct marketing campaigns,
- Conduct surveys to provide your feedback,
- Run competitions,
- Understand your requirements better and Improve and personalise the Koko’s Haven experience,
- Educate and manage our team,
- Protect our lawful interests,
- And to facilitate any potential acquisitions or acquisitions of our business.
This personal information may be exchanged with our related companies and with our third party partners located in Australia, USA, and other countries to assist us with:
- Payment systems and services,
- Data systems and processing services,
- General information technology services,
- Archival and document management services,
- Auditing services,
- Accounting services,
- Legal services,
- Business consulting services,
- Education services,
- Banking services,
- Delivery and mail services,
- Insurance services,
- Data analysis services,
- Website analysis services,
- Research services,
- Marketing services,
- Website and customised content services,
- Other Services.
(c) Newsletter and Marketing Communication: Koko’s Haven provides free newsletters to distribute Koko’s Haven content. Your personal information may be used by Koko’s Haven on an ongoing basis for the purpose of marketing communications including new products and offers unless you opt out or we are prevented by law.
You may elect to stop receiving marketing communications at any time by following the simple unsubscribe or opt-out instructions on any communications you receive or alternatively by contacting our Customer Service email@example.com with your specific request.
(d) Survey Participation: Occasionally, Koko’s Haven will request your valued feedback in surveys. It is entirely optional to participate, and is not compulsory when entering or using our website or stores.
(e) Changing Your Personal Information: Please note that in all cases to access or change any personal information, you will be required to submit a valid sign in ID and password for authentication before any changes can be made. If you are denied to access or change any personal information, we will provide a reason why.
If you wish to change your account or password you can do so by signing in to the kokoshaven.com.au My Account page and following the simple instructions.
If you have forgotten your password, you may reset your password by visiting the kokoshaven.com.au sign in page and follow the simple instructions required to request a password reset.
Koko’s Haven does not utilise the services of telemarketers or call centres, however you may receive a call from our customer service team regarding any account changes, sign up issues, order issues or to validate data where required.
(e) Cookies: Koko’s Haven uses Google Analytics, a web analytics service provided by Google. This service analyses how visitors interact with our website and will set cookies for this website.
Cookies work by assigning a unique number to the visitor that has no meaning outside the assigning site. A cookie can’t read data off your hard disk drive or read cookie files created by other sites.
When you visit Koko’s Haven our servers will automatically record information that your browser sends whenever you visit a website. This data may include:
- Your computer’s IP address
- Your browser type
- The pages you visit on the Koko’s Haven Website .
- The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics.
This information is collected for analysis and evaluation in order to help us improve our site and the services and products we provide. It can also tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. The only personal information a cookie can contain is information you supply yourself.
(f) Security: Koko’s Haven is committed to ensuring that your personal information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Koko’s Haven utilises a variety of security measures to maintain the safety of your personal information. All member information is secured and is only accessible by a limited number of Koko’s Haven staff that have special access rights.
Koko’s Haven does not store credit card payment information by any means whether it be electronically or otherwise.
Remember, you are solely responsible for maintaining the secrecy of your sign in ID, password, account information and personal information.
XI. GOVERNING LAW: This Agreement shall be governed, constructed, and enforced in accordance with the laws of individual states within Australia without regard to its conflict of laws rules.
XII. MERGER CLAUSE: This Agreement contains the complete and final understanding between the Consumer and Koko’s Haven. Any prior oral statements, representations, or agreements are superseded by this Agreement.
XIII. ENGLISH LANGUAGE GOVERNS: The English language governs these terms and conditions and any other Agreement entered with Koko’s Haven. As a courtesy, Koko’s Haven may make this Agreement available in languages other than English. If there is any difference in meaning between the English and non-English version of any of Koko’s Haven documents, including this Agreement, the English version will apply to your Account and is available to you upon request.
XIV. RESERVATION OF RIGHTS: Koko’s Haven reserves the right to modify and change the terms in this Agreement without prior notification to you. From time to time you should check Koko Keratin’s website and review its most current terms and conditions.
XV. CUSTOMER SERVICE INFORMATION:
Correspondence Address: 4 Camelia Avenue, Logan Central, QUEENSLAND 4114
Telephone: 07 3472 5994
Web site Address: www.kokoshaven.com.au