Terms of Service
TERMS AND CONDITIONS
These Terms + Conditions govern your access and use of our website www.ezkal.com and www.ezkal.com.au and related services including the ordering, purchase and delivery of items from our website and subscriptions to our online newsletter (collectively, our ‘Website’).
This Website and all content on our Website is operated and owned by Ezkal Pty Limited (ABN 14 63 48 97 760 ) of 133 Avenue Road Mosman, NSW, Australia, 2088
By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
Ezkal Pty Ltd reserves the right to make changes to our Website and Terms at any time and without notice to you. Any such changes will only apply to orders submitted after the date on which the changes have been made. It is your responsibility to regularly check the Website in case there are any changes made, including each time you purchase an Ezkal branded or Ezkal distributed product. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.
Personal Information and Privacy
When ordering an Ezkal product online or through our social media channels you must provide Ezkal with your personal information or that of a gift recipient. You warrant that the information you provide Ezkal is accurate, complete and up-to-date and that you will inform Ezkal of any changes to that information. You also warrant that you have the authority to provide us with the information that you disclose.
If you create a Ezkal customer account, you are responsible for maintaining the confidentiality and security of your account, including your email address and password and you further acknowledge and agree that you will not disclosure these details to any person not duly authorised by you. You are solely responsible for all activities that occur on your account and under your email address and password.
You agree that you will immediately notify Ezkal of any unauthorised use of your account, email address or password.
You may only use the Website and the content on the Website for personal purposes unless Ezkal provides express written consent to your proposed use.
You agree that you will not use the Website to:
- a) commit or encourage a criminal offence;
b) transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website;
c) corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights;
d) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
e) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Placing an Order on the Website
When you place an order for an Ezkal product, Ezkal will immediately process your payment. If your payment is successful, Ezkal will send you an acknowledgement email confirming your order. Ezkal may use a third party such as Shopify to handle all payment. Ezkal retains the right, in its sole discretion, to cancel or refuse any order.
Once your order has been placed you cannot cancel the order. Please note that once you have placed an order we are unable to cancel an order or stop an order from being dispatched at your request.
While we have made every attempt to show textures, appearances and colours of our items as accurately as possible, product images may vary from the delivered product depending on your monitor, settings and computer equipment. Our manufacturing process and that of our partner by the nature of our traditional process using natural dyes for some product may vary and as such Ezkal is not responsible for any such variations in respect of your order. However, if an item is materially different from the representation on the Website, you may be entitled to a refund or exchange under the Australian Consumer Law.
Unless otherwise stated, any additional items and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the product title and description before purchasing anything from our Website.
All orders are made subject to availability. Whilst we use our best efforts to ensure that items are available for delivery, there may be some circumstances where items are unavailable.
If we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order, or reject part of your order, on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date (or an alternative product).
You will be charged in full at the time of ordering an Ezkal product by supplying Ezkal with a valid credit or debit card issued by a bank acceptable to us or via Shopify, Afterpay or a valid PayPal account or by redeeming an Ezkal Credit or Gift Vouchers.
Whilst we try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. See our Returns Policy for more details.
All prices are in Australian Dollars (AUD) and are inclusive of GST. Delivery costs may be charged in addition to the cost of the product and these are clearly displayed and included in the ‘Total’ (where applicable).
Sale Items and Special Offer Terms
Where an item is:
(a) marked at a discounted price (Discounts);
(b) purchased during a temporary promotion period such as Day sales, discount offers and mailing list offers
(c) purchased using a coupon either directly or via any third-party authorised by us.
it is considered a Sale Item. Sale Items are subject to the Sale Returns policy (refunds as Ezkal Credit only unless faulty, please see our (Returns Policy ) for more information).
Discounts, Promotions, Coupons (Special offers ) are offered at Ezkal discretion. Any conditions applicable to the Special Offers will be specified at the time of issue.
You acknowledge that we will process all credit card or debit card payments using Shopify or any other Australian approved payment platform. In the event of unusual activity, Ezkal reserves the right to temporarily or permanently suspend your payment via your credit card or debit card and we may contact you, your bank or any other relevant third party to report such unusual activity.
We will use reasonable endeavours to respond to all emails within 48 hours. Our customer service team can be contacted at firstname.lastname@example.org or by calling 1300 039 525 .
Other Activities and Websites
From time to time, EZKAL may promote, or advertise events, offers, items, services or other activities that may be conducted offline or which may be conducted by third parties. These events, items, services or other activities may be subject to separate Terms + Conditions. You acknowledge that you participate in any of these activities entirely at your own risk and in accordance with those separate Terms + Conditions.
The Website may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Website and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you click on a link to any third party websites you leave our Website entirely at your own risk.
Unless otherwise indicated, EZKAL or EZKAL’s licensors owns all copyright of the material on, and intellectual property in, the Website, including all text, graphics, user interfaces, photographs, registered or unregistered trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.
Except as permitted under relevant intellectual property laws, no part of our Website or our content may be copied, reproduced, republished, performed/presented in public, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise (including further copying, recording, taping or by a storage and information retrieval system) without the prior written consent of EZKAL.
You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Website Accuracy, Errors and Availability
You understand that the Website is provided on an “as-is” basis. While we aim to update our Website regularly, neither EZKAL, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website. We reserve the right to restrict access to parts of our Website or the entire Website, change or withdraw any items, information or content featured on this Website without notice.
To the maximum extent permitted by law, EZKAL excludes all liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any, use of the information on or access through our Website including if for any reason our Website is unavailable at any time or for any period.
To the maximum extent permitted by law, EZKAL will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic) however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information, by a distributed denial-of-service attack or by any malicious or harmful programs, scripts or technologies that may affect our Website, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material; you agree to release us from any such liability.
Where legislation implies any mandatory term, condition or warranty or requires adherence to provisions that may not be excluded by contract including the consumer guarantees, EZKAL’s liability for breach of such term or consumer guarantee is limited, at our option, to:
- a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods; or
d) the payment of the cost of having the goods repaired.
To the extent EZKAL’s liability cannot be excluded, EZKAL’s maximum liability to you will be limited to $250 where permissible at law. These Terms do not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
Release and indemnity: You agree to release and indemnify and hold Ezkal and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Website, or a party acting on your behalf or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
Waiver: Any failure by Ezkal at any time to enforce these Terms or any of its rights will not be a waiver of such rights or affect the validity of these Terms.
Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our reasonable control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Ezkal will not be held liable for any delay or failure in performance of any part of our services to you.
Severability: If any clause or part of a clause of these Terms is not valid or enforceable it will be severed, and the remainder of these Terms will continue to have full force and effect.
Jurisdiction: These Terms are governed by the laws in force in the state of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales to determine any dispute concerning these Terms.