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Terms & Conditions

Acknowledgment of Country

 

iKhaya acknowledges the Traditional Custodians of Country throughout Australia and their connections to land, sea, and community.

 

We pay our respects to their Elders, past and present, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.

 

These terms apply to the ordering, purchase, and delivery of goods from the website, in-store, and through our social media contact, forming a contract between you and iKhaya Fashion Pty Ltd ABN 11 6947 726 28 of Banksia Grove, Perth, Western Australia 6031 (iKhaya Fashion). By using the site in any manner, you agree to and accept these Terms. If you have a subscription, you agree that these Terms (as amended from time to time) will apply to your use of the account and all of your orders.

 

These Terms contain important information about the ordering, processing, and delivery of goods, including limitations of liability. iKhaya reserves the right, in its absolute discretion, at any time and without notice, to amend, remove, or vary the services or Terms and/or any page of this site. Each time you use the site, you should review and be aware of the current Terms.

Different terms apply to the purchase of iKhaya Fashion gift cards. iKhaya Fashion gift cards can be ordered like regular purchase items through the inventory.

1. Compliance with Terms

  • 1.1. You will be bound by these Terms each time you submit an order.

2. Placing Orders for Goods

  • 2.1. By placing an order on the site, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by us at the time we send an order confirmation to your nominated email address. It is your responsibility to ensure that the correct email address and contact details are entered with your order.
  • 2.2. Each order you place will be a separate contract. Each product in your order is sold by iKhaya Fashion.

  • 2.3 A tax invoice will be issued when the goods are ready for despatch. When you purchase goods from iKhaya Fashion, you will receive a tax invoice for products sold and fulfilled by iKhaya Fashion.
  • 2.4. You acknowledge that all goods purchased under these Terms are intended for personal, non-commercial use only and will not be resold.
  • 2.5. From time to time, we may restrict the quantity of goods that can be purchased in one order or during a particular period, per person, or per address. Any quantity restrictions will be stated on the product page, in materials about the relevant promotion, or otherwise advised to you.
    • Current quantity restrictions include a maximum of:
    • a) Five (5) iKhaya Fashion dresses of the same kind may be purchased in one order or per person, unless otherwise stated; and
    • b) Three (3) iKhaya Fashion products of the same kind may be purchased in one order.
  • 2.6. We will not be liable for any loss you or any third party suffer as a result of, or in connection with, a delay or failure to process your order or deliver goods due to inaccurate or incomplete details provided in an order.
  • 2.7. You agree to obtain consent to provide us with the personal information of recipients of gifts or goods ordered by you.
  • 2.8. If you place consecutive or separate orders, we cannot consolidate your orders. A separate delivery fee, if applicable, will apply to each order. Subject to any applicable quantity restrictions, you can order as many goods as you wish in one order.
  • 2.11. We reserve the right to accept or reject your order for any reason at any time. If we reject your order, you will receive a refund of any money paid.
  • 2.12. Your order becomes a sale when your order is despatched and we have issued you a tax invoice.

3. Availability of Goods

  • 3.1. From time to time, some goods may be out of stock or unavailable, and we may not be able to fulfil all or part of your order. If this happens, we will refund the price paid for the goods impacted.
  • 3.2. We may withdraw or suspend from sale any good displayed on the website, either temporarily or permanently, at any time and without notice. iKhaya Fashion Online will not be liable for any loss you or any third party suffer as a result of the withdrawal or suspension of sale of a particular good.
  • 3.3. Where a good that is the subject of an order has been withdrawn or suspended from sale, and your payment for the good has already been processed, we will refund any money paid to us in accordance with clause 7.
  • 3.4. iKhaya Fashion reserves the right not to honour any incorrect offers represented on the website made by genuine human or system error. Where your order is affected by an error on the website (for example, in a description, an image, price, or otherwise), we will reject that part of the order affected by the error. You will be refunded the value of that part of your order affected by the error, in accordance with clause 6, and iKhaya Fashion Online will fulfil the remainder of your order. If you are not satisfied with the partial fulfilment of your order, you can return your order to us under the Returns Policy.
  • 3.5. If your order is affected by a genuine error (including in a description, image, or price), we reserve the right to cancel your order and refund any money paid to us.
  • 3.6. You acknowledge and agree that:
    • a) All pictures and images of goods displayed are for illustrative purposes only;
    • b) Any accessory featured with the goods is for illustrative purposes only, and may be sold separately; and
    • c) Where we provide dimensions and measurements in the description of a good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each good is suitable for your purpose prior to submitting your order (including whether there is appropriate and safe access to your delivery address for the delivery of the good).

4. Price and payment

  • 4.1. When you place an order, we will charge you, and you agree to pay, the price and any applicable delivery fee.
  • 4.2. All prices are in Australian dollars and, if GST applies, inclusive of GST. Any fees and charges (including delivery fees) imposed by these Terms also include GST where applicable.
  • 4.3. We reserve the right to change or alter prices without notice. If you have already submitted an order at a particular price, we will supply your goods at that price (unless your order is affected by a pricing error, in which case clause 3.4 will apply).
  • 4.4. Payment methods are specified on the website or explained by the consultant at the time you place your order. They may include iKhaya Fashion gift cards. The name on an iKhaya Fashion gift card used for payment must match the name on the order. Cheques cannot be used as a payment method for any purchase from the site, including for the payment of orders. Payment methods may be subject to change.
  • 4.5. Any payment for an order must be cleared by iKhaya Fashion before goods are despatched. If your payment cannot be processed, your order will be rejected and you will be notified. If a credit card payment cannot be processed, you should contact your card issuer to try to resolve the problem or use an alternative payment method to continue with your order.
  • 4.6. In paying or attempting to pay for goods, you agree that you have not engaged in any fraudulent conduct or contravened any law.

5. Delivery

  • 5.1. Despatch of your online order from our Perth base will generally take between 1 to 3 business days* from the time your order is placed.

    Express Delivery: Express orders are despatched no later than the next business day* from our Perth warehouse.

    *Please note that despatch time frames do not include public holidays or weekends. Sale and promotional periods may extend despatch times.

    We ship all orders with Australia Post, where necessary.

  • 5.2. Delivery timeframes are estimates only. Despatch and delivery timeframes can depend on factors like stock availability, delivery service provider delays, and events beyond our control. Please note that during major sale events Australia-wide, there may be a minor delay in receiving your order.
  • 5.3. If no one is home when your delivery arrives, the driver will leave it in a safe place. iKhaya Fashion uses Australia Post. If there is no safe place to leave the delivery, your delivery driver will leave a collection card.
  • 5.4. For big and bulky deliveries, iKhaya Fashion may use a third-party shipping company. Your order will be referred to a delivery service provider who will contact you directly to arrange delivery and request any specific access details, such as stairs or parking restrictions. You or a person over the age of 18 must be available to accept delivery at the nominated delivery address on the date agreed upon with the delivery agent. If no one is available at the address on that date, additional delivery fees may apply for re-delivery.

6. Order cancellations and returns

  • 6.1. Unless provided for under these Terms or as otherwise agreed by iKhaya Fashion, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.
  • 6.2. If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
  • 6.3. Unless otherwise stated in these Terms, goods can only be returned under the Returns Policy. The Returns Policy forms part of these Terms. iKhaya Fashion will process your refund according to the Returns Policy.
  • 6.4. iKhaya Fashion Online will not offer change-of-mind exchanges or refunds on gift cards.
  • 6.5. iKhaya Fashion will process any refunds within a reasonable time of agreeing to do so.
  • 6.6. If the original payment was made:
    • a) on a credit card, refunds will be processed on the same card as the original payment was made, or iKhaya may contact you for banking details for a bank transfer of the refund fee.
    • b) by a combination of Gift Cards and credit card then:
      • a. refunds will be processed on the same card as the original payment was made first.
      • b. Return gift card for the remaining amount will be emailed to the email address entered at the time you placed your Order.
    • c) using a multi-tender of a gift card or returns card for an online purchase, the refund will be provided as an iKhaya Fashion Returns/Gift Card in the first instance and then bank transfer for any remaining balance (unless otherwise required by law)
  • 6.8. Same Day Delivery Orders cannot be cancelled or changed once submitted. Same day delivery only applies on certain items and is available to WA state. Same Day Delivery Good scan only be returned by contacting iKhaya Fashion via email.
  • 6.9. Big & Bulky Goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please email iKhaya Fashion if the product is faulty so that pickup can be arranged. Big & Bulky Goods cannot be returned at iKhaya Fashion HQ unless previously agreed with iKhaya Fashion owner.