Terms & Conditions

TERMS AND CONDITIONS
 
This website http://www.killacurves.com.au is owned and operated by Killa Curves (ABN 78 132 936 252). 
These terms and conditions govern the use of this Website and form a contract between you and Killa Curves for the sale of Goods on this Website. 
By accessing, using, browsing, placing an Order or purchasing from this Website you agree that your access to and use of, this Website is subject to these Terms and Conditions, and all applicable laws, and is at your own risk.  Killa Curves may amend, modify or update these Terms and Conditions at any time at its sole discretion, without providing notice to you. 
The use of this website is restricted to individuals over 18 years of age; emancipated minors; and those with the consent of their parent or legal guardian, whose use of the website is supervised by the parent or legal guardian.
  1. Definitions
    1. 1. Australian Consumer Law has the same meaning provided in the Competition and Consumer Act 2010 (Cth) and in particular refer to Schedule 2 of this Act;
    2. 2. Business Day means any day that banks are generally open for business in Adelaide but not a Saturday, Sunday or public holiday pursuant to the Holidays Act 1910 (SA).
    3. 3. Copyright Statement means the Killa Curves Copyright Statement on this Website: 
    4. 4. Delivery Address means the address to which the Goods are to be delivered as stated on the electronic order form on the Website. 
    5. 5. Delivery Agent means any nominated third party delivery or shipping company used by Killa Curves to deliver purchased Goods. 
    6. 6. Delivery Fee means the fees charged by the Delivery Agent for the delivery of Goods.
    7. 7. Delivery Policy means the Killa Curves Delivery Policy on this Website:  http://www.killacurves.com/delivery-information
    8. 8. Goods means the items offered for sale, described or displayed on this Website. 
    9. 9. GST has the same meaning as those terms and phrases in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time.
    10. 10. Intellectual Property Statement means the Killa Curves Intellectual Property Statement on this Website: 
    11. 11. Killa Curves means Samantha Maslin trading as Killa Curves (ABN 78 132 936 252) and includes her officers, agents, employees and/or authorised representatives. 
    12. 12. Law means any written rule, or collection of rules including but not limited to, statute, legislation, regulation, order, rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision subject to the Governing Law and Jurisdiction herein. 
    13. 13. Order means a request by you to purchase Goods from Killa Curves.
    14. 14. Personal Information has the same meaning as those terms and phrases in the Privacy Act 1988 (Cth), as amended from time to time.
    15. 15. Price means the purchase price of each Good as stated on this Website (for the avoidance of doubt inclusive of GST). 
    16. 16. Privacy Statement means the Killa Curves Privacy Statement on this Website:  http://www.killacurves.com/privacy-policy
    17. 17. Returns Policy means the Killa Curves Returns Policy on this Website:  http://www.killacurves.com/returns-policy
    18. 18. Terms and Conditions means these Terms and Conditions herein, including the Disclaimer, the Copyright Statement, the Intellectual Property Statement, the Returns Policy, the Delivery Policy and the Privacy Statement.
    19. 19.Website means the, or this website http://www.killacurves.com.
  2. General information only
    1. 1.The information and/or material contained on this website is general information only and is provided for general personal use. 
    2. 2. You should make your own enquiries with respect to the information and/or material provided on the Website prior to making any decisions to place an Order. 
  3. Killa Curves Business
    1. 1. Killa Curves is an Australian business that sells women’s lingerie and swimwear.  
    2. 2. You may only purchase Goods on the Website by placing an Order to purchase the Goods.   
  4. Acknowledgement and Acceptance
    1. 1. By using the Website and/or submitting an Order, you acknowledge that you have read and understand the Terms and Conditions and agree to be bound by same.
    2. 2. You also agree that by using the Website, the exclusions and limitations of liability, indemnities and warranties set out in the Terms and Conditions are reasonable.
    3. 3. You further agree that by using the website, where the exclusions and limitations of liability, indemnities and warranties (not exhaustive) set out in the Terms and Conditions are inconsistent with each other, the exclusions, limitations of liability, indemnities and warranties, the rights and interests of Killa Curves, are to prevail.
    4. 4. Each Order you submit will be a separate and binding agreement between you and Killa Curves with respect to the supply of Goods, in accordance with the Terms and Conditions.
    5. 5. If you do not agree with that set out above, you must immediately cease using this Website. 
  5. Customer/Purchaser Warranties
      You represent and warrant to Killa Curves that:
  1. 1. By placing an Order you have read and agree to these Terms and Conditions;
  2. 2. By placing an Order you have complied with all Laws;
  3. 3. You have attained or are over the age of 18 years; OR you are an emancipated minor; OR you have the consent of your parent of legal guardian and that person is supervising your use of the website.
  4. 4.All information (including Personal Information) and data provided to Killa Curves through the Website is true, accurate, complete and current;
  5. 5. Where you have nominated a recipient to receive the Goods on your behalf, you have obtained the consent of your nominated recipient to provide their Personal Information to Killa Curves; and
  6. 6. Any nominated recipient receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so.
  1. Placing Orders
    1. 1. An Order may be placed if you have attained or are over the age of 18 years; OR you are an emancipated minor; OR you have the consent of your parent of legal guardian and that person is supervising your use of the website, have an   active email account and a telephone number at which you can be easily contacted. 
    2. 2. You may place an Order through the Website by completing the electronic Order form on the Website and clicking confirm to submit an Order. 
    3. 3. By completing the electronic Order form, you acknowledge and agree that you have provided accurate and complete information in respect of your Personal Information and details and/or your nominated recipient’s Personal Information and details, to enable the processing and delivery of your Order.
    4. 4. You acknowledge and agree that information submitted on an electronic Order form will be used by Killa Curves and/or the Delivery Agent to fulfil your Order, and that in the event you provide inaccurate or incomplete information, Killa Curves will not be liable to you or any third party for any loss, damage, cost, expense, injury, however described, suffered by you and or any third party. 
    5. 5. You acknowledge and agree that all purchases through the Website are for personal and domestic use only. 
    6. 6. You acknowledge and agree that where you place separate or consecutive Orders, Killa Curves will not consolidate the Orders into one, and each Order will incur a separate Delivery Fee. 
    7. 7. You may order as many Goods as you like in an Order subject to clause 5.5 and clause 8.
    8. 8. An Order submitted by you on the Website is an offer by you to purchase the Goods for the Price, including Delivery Fees and GST, as stated at the time of confirming and submitting your Order. 
    9. 9. You acknowledge and agree that you have checked  your Order carefully before submitting it. 
    10. 10. Upon submission of your Order, you will be directed to PayPal to process payment of your Order. 
    11. 11. Once your Order is submitted and payment has been made, cancellations of your Order or changes to the Goods in your Order prior to delivery may only be made with the express written agreement of Killa Curves. 
    12. 12. Once your Order has been paid for and submitted, the Website will produce an automatic Order number for your reference. 
    13. 13. You will receive an automatic email attaching an invoice evidencing payment of your Order within five (5) Business Days. 
  2. Acceptance and Rejection of Orders
    1. 1. Killa Curves reserves the right to accept or reject your Order for any reason at any time. 
    2. 2. When Killa Curves accepts an Order, it represents an agreement to supply the Goods in accordance with the Order and these Terms and Conditions.
    3. 3. Killa Curves will notify you by email within two (2) Business Days after the placement of an Order to confirm that an Order has been accepted and is being processed. 
    4. 4. In the event that an Order is rejected, Killa Curves will notify you of that rejection by email within five (5) Business Days after the placement of the Order. 
    5. 5. Killa Curves will not be liable for any loss or damage however described suffered by any party arising from a rejected Order. placement of an Order that is rejected. 
    6. 6. Where an Order is rejected and payment for the Goods has already been processed, Killa Curves will refund the payment in the same tender as it was made and will make reasonable endeavours to process the refund within five (5) Business Days from the date of notification of the rejection of the Order. 
    7. 7. Killa Curves will not be liable for any loss, damage, cost, expense or injury incurred by any party as a result of any delay in processing a refund of a rejected Order. 
    8. 8. If Killa Curves is unable to contact you after having made reasonable attempts to contact you in relation to an Order using the contact details provided when submitting your Order, Killa Curves will reject that Order. 
  3. Availability of Goods
    1. 1. Goods available for purchase on our Website are generally in stock and available.  However, you acknowledge that from time to time, Goods may not be in stock and not available due to information technology or software issues outside the control of Killa Curves.
    2. 2. If you have purchased Goods that are out of stock or unavailable, Killa Curves will contact you within five (5) Business Days to arrange a full, or partial refund depending on the stock to which the Order relates.
    3. 3. To the extent that part of an Order is out of stock or unavailable, Killa Curves will contact you within five (5) Business Days to notify you of the Goods that are out of stock or unavailable and proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions.  In that event, Killa Curves will only issue a refund for the Goods which are out of stock or unavailable. 
    4. 4. We will use reasonable endeavours to process the refund within five (5) Business Days. 
    5. 5. Killa Curves will not be liable for any loss, damage, cost, expense or injury incurred by any party as a result of any delay in processing a refund of Goods that are unavailable or out of stock. 
    6. 6. We reserve the right to withdraw or suspend any Goods displayed on the Website from sale either temporarily or permanently at any time without notice to you. 
    7. 7. Killa Curves will not be liable for any loss, damage, cost, expense or injury incurred by any party as a result of a withdrawal or suspension of availability with respect to a particular Good. 
    8. 8. You acknowledge and agree that:
      1. 8.1. You have read any corresponding written description of the Goods prior to submitting an Order.
      2. 8.2. All pictures and images of Goods displayed on the Website are for illustration purposes only.
      3. 8.3 The colour of Goods as shown on the Website may vary slightly in shade or colour from that of the actual Goods purchased.
      4. 8.4. It is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting an Order despite the provision of any sizing or other measurements in the descriptions of Goods and/or the size chart on the Website.
  4. Fees, Charges, Price and Payment
    1. 1. The Price of Goods is stated on the Website. 
    2. 2. All prices stated are in Australian Dollars (AUD$) and where applicable, inclusive of GST, unless otherwise stated. 
    3. 3. Any fees and charges (such as Delivery Fees) imposed by these Terms and Conditions also include GST, where applicable.
    4. 4. Unless you have already submitted an Order at a stated Price (in which case you will be charged in accordance with that Price), Killa Curves reserves the right to change or alter Prices of Goods on the Website without notice to you. 
    5. 5. In respect of any Order placed on the Website, Killa Curves will charge you and you agree to pay
      1. 5.1 The Price (at the time the Order is submitted); and
      2. 5.2. The Delivery Fee. 
    6. 6. Payment of an Order may be made by any of the methods stated on the electronic Order form on the Website from time to time, which is limited to PayPal only at this time.
    7. 7. You acknowledge and agree that all payments must be received in clear funds by Killa Curves before Goods, that are the subject of an Order, are despatched. 
    8. 8. If payment cannot be processed, the Website will automatically notify you of this at the time of submitting an Order, and that Order will be rejected in accordance with Clause 7.  At that time you may elect an alternate payment method in order to continue with and submit an Order. 
    9. 9.In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law. 
    10. 10. Killa Curves will email you a tax invoice once payment in respect of your Order has been processed in accordance with clause 6.13. 
  5. Delivery
    1. 1. Killa Curves uses Delivery Agents to deliver Goods. 
    2. 2. You agree to your Personal Information and details including your full name and Delivery Address to be provided to the Delivery Agent for the purpose of delivering your Goods.
    3. 3. Goods are only delivered in accordance with these Terms and Conditions, including Killa Curves Delivery Policy http://www.killacurves.com/delivery-information
    4. 4. You acknowledge and agree: 
      1. 4.1. To pay the Delivery Fee for the Goods as set out in Killa Curves Delivery Policy http://www.killacurves.com/delivery-information or as notified by Killa Curves;
      2. 4.2. To inspect Goods and check that the Goods delivered match your Order;
      3. 4.3. That Killa Curves does not guarantee that delivery of Goods will occur in the stated delivery time frames;
      4. 4.4. That Killa Curves is not liable with respect to any loss, damage, cost, expense or injury resulting from a change in delivery times or delay in delivery;
      5. 4.5. That the delivery of Goods will take place at the Delivery Address nominated on your electronic Order form;
      6. 4.6. That where the Delivery Agent is not able to deliver Goods to the Delivery Address due to the size of the package, restrictions on access to the Delivery Address, or it is impractical or unsafe to make the delivery, a calling card will be left for you to collect the Goods from a local Australia Post office;
      7. 4.7. That in the event that you do not collect any Goods in accordance with a calling card from an Australia Post office within ten (10) days of a failed delivery, you must contact Killa Curves at sales@killacurves.com in relation to claiming your Order;
      8. 4.8. That any Goods replaced under the Returns Policy due to being faulty, damaged or incorrect will be delivered to you free of charge in accordance with our obligations under the Australian Consumer Law.
      9. 4.9. That if the delivered Goods do not match your order, are damaged in any way, missing or incorrect, you must notify Killa Curves  at sales@killacurves.com as soon as possible; and
      10. 4.10. That in the event that there is obvious damage to your Goods due to transit, you must contact Killa Curves at sales@killacurves.com to notify us of the same;
      11. 4.11. That if Goods are required to be redelivered, you will be required to pay any costs for redelivery;
  6. Order Cancellations and Returns
    1. 1. Unless provided for under these Terms and Conditions in accordance with Clause 6.10, no cancellations or changes to Orders will be accepted. 
    2. 2. Goods can only be returned in accordance with these Terms and Conditions, including Killa Curves Returns Policy  http://www.killacurves.com/returns-policy.
    3. 3. All refunds will be processed in the same tender that the Order was paid.
  7. Offers, Promotion and Discounts
    1. 1. From time to time, Killa Curves may offer online offers, discounts and/or promotions on its Website subject to clause 12 herein.
    2. 2. An online offer, discount and/or promotion will be made in accordance with clause 12 and its own applicable terms and conditions, which will include the duration and expiry of an offer, discount and/or promotion. 
    3. 3. All online offers, discounts and/or promotions will be made through the provision of a promotional code.
    4. 4. It is your responsibility to ensure that the code provided for an offer, discount and/or promotion is valid.
    5. 5. It is your responsibility to use and enter the code in order to receive an online offer, discount and/or promotion at the time of making a purchase online. 
    6. 6. A code cannot be applied retrospectively and Killa Curves will not be liable for any loss, damage, cost, expense or injury incurred by any party as a result of your failure to enter a code at the time of making a purchase online. 
    7. 7. All codes are non-transferable and cannot be used in conjunction with any other offer, promotion and/or discount.
  8. Misrepresentations
          By using the Website you agree that you will not, through any act or omission (including but not limited to submitting your Personal Information and details to the Website, or placing an Order) mislead or deceive others.
  1. Breach and termination
          In the event of default and/or breach of any of the conditions, obligations and/or provisions of the Terms and Conditions, Killa Curves may:
  1. 1. immediately issue a warning;
  2. 2. temporarily or permanently suspend your access to all or parts of this Website;
  3. 3. terminate the agreement;
  4. 4. terminate your right to use the Website;
     at any time, in Killa Curves’ sole discretion without any prior notice to you.
  1. Force Majeure
     Killa Curves shall not be responsible for any delay, suspension or failure arising out of any and all circumstances outside our control, including but not limited to acts of God, governmental actions, strikes, lockouts or other labour difficulty,
     war or national emergency, acts of terrorism, fire, explosion, flood, or an act or omission of a third party whether it be with respect to obtaining the necessary information or instructions to fulfil your Order, complete the service or delivery your Goods,
     the failure of performance by others, internet interruption or virus, accidents or breakdown of machinery, software, hardware or communication network.
  1. General
    1. 1. Amendment
      1. 1. Killa Curves reserves the right to modify, change, add, and/or remove any parts of the Terms and Conditions in its sole discretion and that will bind you from the date of the modification .
        1. 2. Killa Curves reserves the right to modify, change, add, and/or remove any (but not limited to) content and/or features of this website or the provision of Killa Curves products and/or services on the Website2Governing Law and Jurisdiction 
          1. The Terms and Conditions and/or use of the Website shall be governed by the laws in force in the State of South Australia and the Commonwealth of Australia. 
          2. By using the Website you submit to the non-exclusive jurisdiction of the Courts of South Australia and any courts that may hear appeals from those courts in any proceeding.  Any proceedings brought in the Federal Court of Australia must be commenced in its South Australian District Registry.
          3. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of the Terms and Conditions.
    2. Indemnity
      To the extent permitted by law, and subject to non-excludable liabilities for breach of conditions or warranties, whether express or implied by legislation, (in particular the Australian Consumer Law) and subject to any other applicable Laws,
      you agree to indemnify   Killa Curves and her officers, agents, employees and/or authorised representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to
      your use of this Website.
  1. Severability
     If any part of these Terms and Conditions are judged invalid, unlawful or unenforceable for any reason whatsoever by a Court of competent jurisdiction, such invalidity or unenforceability or illegality will not affect the operation,
     construction or interpretation of any other provision of these Terms and Conditions; to the extent that the invalid or unforeseeable or illegal provisions will be treated for all purposes separate from these Terms and Conditions.
  1. Waiver
     Any failure or delay in Killa Curves enforcing or partially enforcing any provision in the Terms and Conditions cannot be construed as a waiver of Killa Curves’ rights pursuant to the Terms and Conditions, or at law or in equity.

 
DISCLAIMER
 
  1. Accuracy of Information
    1. All information and/or material on this Website is provided in good faith.  It is derived from sources believed to be accurate and current as at the date of publication. 
    2. Killa Curves reserves the right to alter, amend, vary or otherwise change any information and/or published materials on the Website in any way, at any time and without notice (to any person). 
    3. Access to the Website is provided on an “as available” basis.  While Killa Curves has taken reasonable care to ensure that the information and/or material is complete and current, Killa Curves does not warrant that the information and/or material is free from errors or omissions. 
    4. Neither Killa Curves nor any of her officers, agents, employees and/or authorised representatives makes any representation, guarantee or warranty, express or implied, as to the operation of this Website, the content of the information and/or materials, the products, or that your access to the Website will be uninterrupted, timely or secure, except as otherwise provided, and then only to the minimum extent required under any applicable Laws.    
    5. Killa Curves will not be liable for any loss, damage, cost, expense or injury however described resulting from any action or decision taken by you in the operation of this Website for any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software. 
    6. You assume all risk in connection with the use of files and programs on this Website and you irrevocably release Killa Curves entirely from all responsibility for any consequences of its use. 
    7. While Killa Curves has taken reasonable care to ensure that the Website and data transmissions are free from viruses or other malevolent codes, you must take your own precautions to ensure that whatever you select for your use from the Website is free from viruses or other malevolent code that may interfere with or damage the operations of your computer systems. 
    8. Killa Curves will not liable to you or to any related party for any loss, damage, cost, expense or injury associated with interference with or damage to your computer systems occurs in connection with use of this Website or a linked website. 
  2. Limitation of Liability
    1. You are entitled to certain rights under statute, (in particular the Australian Consumer Law)  that cannot be excluded. 
    2. To the extent permitted by law, and subject to non-excludable liabilities for breach of conditions or warranties, whether express or implied by legislation, (in particular the Australian Consumer Law) and subject to any other applicable Laws, any liability of Killa Curves and her officers, agents, employees and/or authorised representatives in connection with Goods or services supplied to you will, in its sole discretion, be limited to:
      1. In relation to Goods, the replacement or repair of the Goods, the supply of equivalent Goods, the payment of the cost of replacing or repairing the Goods, or the payment of the cost of obtaining equivalent Goods; and
      2. In relation to services, the supply of the services again or the payment cost of having the service supplied again.
    3. To the extent permitted by law, and subject to non-excludable liabilities for breach of conditions or warranties, whether express or implied by legislation, (in particular the Australian Consumer Law) and subject to any other applicable Laws, Killa Curves will not otherwise be liable to you or any other person for any loss, damage, cost, expense or injury whether direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption, anticipated savings, goodwill, or the loss of data or information, injury to your reputation, or damages for product liability, personal injury or negligence in contract, tort, under statute or otherwise, arising from any transaction (actual or contemplated) undertaken in connection with our Website, or resulting from use of Goods or services supplied to you, or on behalf of you, through this Website. 
    4. To the extent permitted by law, and subject to non-excludable liabilities for breach of conditions or warranties, (in particular the Australian Consumer Law) and subject to any other applicable Laws, Killa Curves excludes all implied conditions and warranties, whether statutory or otherwise, in connection with this Website or the subject matter of these Terms and Conditions. 
    5. In the event that we are liable to you for any loss or damage arising out of these Terms and Conditions any liability is to be reduced or limited to the extent that you cause or contribute to the loss or damage. 
  3. Third party links, products and/or services
    1. Hyperlinks, icons and pointers to websites operated by third parties will appear on the Website from time to time.  A ‘third party’ includes any party that is external to the Killa Curves and a ‘third party link’ is any link that is external to the Website, which may include links to social media sites, advertisers and sponsors (this list is not exhaustive).  Products and/or services may also be offered for sale or advertised on the Website by third parties.  These ‘third party’ links, websites, products and/or services do not form part of our website and are not under the control of the Killa Curves or her officers, agents, employees and/or authorised representatives and neither Killa Curves or her officers, agents, employees and/or authorised representatives have any affiliation with and/or responsibility for the contents of any such website.  If you link to any such websites you leave the Website and do so entirely at your own risk.  If you purchase any third party products and/or services, your legal relationship with be with the third party supplier, not us.  
    2. The inclusion in this Website of any reference to an information or advisory service external to this Website or the inclusion of a hyperlink, icon and/or pointer to any other website is not a representation or endorsement of those services or sites.  You should apprise yourself of the terms and conditions of accessing any such site and any security implications of utilising such sites. 
    3. You acknowledge and consent to us receiving fees and/or commissions from third parties for providing hyperlinks, icons and pointers (but not limited to) websites operated by third parties.   You further acknowledge that we will not identify which hyperlinks, icons and pointers (but not limited to) we receive fees and/or commissions from for displaying them on this website.
    4. You further acknowledge and consent that we may receive fees and/or commissions for third parties for providing advertising their Goods and or services on the Website.   You further acknowledge that we will not identify which advertisements for third party Goods and services we receive fees and/or commissions from for displaying them on the Website.
    5. By your use of the Website you acknowledge that the views of users in any review or discussion forums provided by the Website and the inclusion of any information sourced or aggregated from other websites or internet information services (including but not limited to news services and RSS feeds), are not endorsed by us, and you will not hold us responsible for the content of these, including as publisher or republisher of them. 
    6. Any posting and/or comments to the review or discussion forums provided by the Website are the sole responsibility of their writers. 
    7. If you believe that any posting and/or comments to the review or discussion forums is improper, written with the intent to advertise, degrade, humiliate, insult, threaten, contains profanity, illegal or may comprise a civil wrong, you should notify us in writing as early as possible, providing details of the same.  You may do so by writing to Killa Curves at sales@killacurves.com.
COPYRIGHT STATEMENT
 
© Killa Curves (ABN 78 132 936 252) and contributors 2015
1 April 2015
This Website is subject to copyright.  No part of it, including files downloadable from this Website should be reproduced, adapted or communicated without the written consent of the copyright owner.
The Australian Copyright Act allows certain uses of content on the internet without the copyright owner’s permission.  This includes uses by educational institutions for educational purposes, and by Commonwealth and State governments for government purposes, provided fair payment is made.  For more information see www.copyright.com.au and www.copyright.org.au.
Killa Curves (ABN 78 132 936 252) may change these Terms and Conditions from time to time.  Check before re-using any content from this Website.

 
INTELLECTUAL PROPERTY STATEMENT
 
The following statement is in respect of intellectual property owned by Killa Curves (ABN 78 132 936 252) on its Website at http://www.killacurves.com.
All intellectual property, patents, trademarks, servicer marks, trade names, branding, get-up (trade dress), moral rights or other intellectual property or proprietary rights on this Website belongs to Killa Curves (ABN 78 132 936 252)  and/or its licensors, unless otherwise stated. 
Killa Curves (ABN 78 132 936 252) does not transfer any license, right, interest or authority in any intellectual property patents, trademarks, servicer marks, trade names, branding, get-up (trade dress), moral rights or other intellectual property or proprietary rights to you whether for your use or otherwise, except with the express written consent of Killa Curves (ABN 78 132 936 252).
Killa Curves (ABN 78 132 936 252)  retains (and does not waive) any right, license, interest or authority that Killa Curves may have in respect of retaining, creating, conveying, transferring, granting of patents, trademarks, copyright, moral rights or other intellectual property or proprietary rights enforceable under the laws of any country. 

 
RETURNS POLICY
 
Killa Curves is happy to accept returned Goods for exchange or refund due to change of mind or size subject to the following:*
  1. Goods must be returned in their original condition as provided to you upon Delivery – that is unworn, with labels and/or attached tags intact
  2. Goods must be returned to Killa Curves within 14 days of the date to which the Goods were dispatched to you in accordance with the original Order. 
  3. You must pay the costs of all returns and delivery of exchanged items. 
  4. Killa Curves will not be liable for any costs associated with the Return of Goods or Delivery of Goods (whether exchanged or by initial purchase). 
  5. You must provide details of the Goods you are returning by reference to your original Order and clearly state whether you are seeking a refund or exchange.  All Goods must be returned with the Killa Curves return form available here:  [insert hyperlink].  If you require an exchange please ensure that you include the size of the Goods you wish to receive as an exchange of the item you have purchased and that you have contacted us by email at sales@killacurves.com to make arrangements for the cost for the delivery of the exchanged item. 
  6. Sale and clearance items cannot be returned. 
  7. Hosiery, bottom pieces of underwear (briefs), bottom pieces of swimwear (bather bottoms, bikini bottoms, swim briefs, swim shorts, swim trunks), full piece swimwear (bathing suits) may not be returned due to hygiene reasons.
  8. You are responsible for the safe delivery of all returned Goods to Killa Curves. 
  9. Killa Curves will not be liable for any costs or loss suffered arising from the return of Goods to us in accordance with this Policy.  We recommend that you return all Goods to us via registered post.
Return or Exchange of Goods are to be marked ‘Attention:  Returns – Killa Curves’ and must be returned to the following address:
PO Box 628
WILLIASTON SA 5118
*Killa Curves will also accept returns for Goods and in certain circumstances, issue replacement Goods in accordance with the Australian Consumer Law.  Should the Goods be damaged, missing, incorrect or faulty you must contact us by email at sales@killacurves.com to notify us of your issue and we will endeavour to respond to you within seven (7) Business Days. 
 

 
DELIVERY POLICY
 
Killa Curves will endeavour to appoint Australia Post as its Delivery Agent for all Orders in most circumstances. 
Killa Curves reserves the right to appoint any third party as its Delivery Agent.  In the event that Killa Curves is unable to appoint Australia Post to deliver your Order, we will appoint a different Delivery Agent.  In that event, Killa Curves will notify you of any variation in the cost for Delivery Fees and the anticipated time frame. 
Currently, Killa Curves delivers to Australia and New Zealand via Australia Post.  All fees, charges and delivery times are within the discretion Australia Post, and may be increased from time to time. 
Be aware that orders over NZ$270 being delivered from Australia to New Zealand will attract the New Zealand online purchase tax. 
We welcome International Orders from outside Australia and New Zealand, however please email Killa Curves at sales@killacurves.com so that we may accommodate your request and Order. 
Killa Curves has set out the current Delivery options, Delivery Fees and anticipated time frames with Australia Post.  Please note that the following information is subject to change. 
Orders Delivery Agent Options Weight Cost Anticipated time frame Details
Within Australia Australia Post Express Post – Small satchel
 
Up to 500g
 
*1 to 3 items
 $10.55 Next Business Day delivery within Express Post delivery network*
Otherwise
- Tracking included
- Extra cover (such as signature on delivery and email track advice) available (at additional cost)
Express Post – Medium satchel Up to 3 kg
 
*3 plus items
$14.80 Next Business Day delivery within Express Post delivery network*
Otherwise
- Tracking included
- Extra cover (such as signature on delivery and email track advice) available (at additional cost)
    Express Post – Large satchel Up to 5kg
 
*4 or 5 plus items
$24.15 Next Business Day delivery within Express Post delivery network*
Otherwise
- Tracking included
- Extra cover (such as signature on delivery and email track advice) available (at additional cost)
To New Zealand Australia Post Air mail  Up to 20kg $10.55 3 – 10 Business Days - Standard international delivery
- Extra cover available (at an additional cost)
Pack and Track (International) Up to 2 kg $17.55 3 – 10 Business Days - Standard international delivery
- End to end tracking
- Extra cover available (at an additional cost)
Registered Post (International) Up to 2kg
(2-6 items) 
$17.55 3 – 10 Business Days - Proof of posting
- Signature on Delivery
Other (international) To be appointed Delivery Agent’s discretion TBA TBA TBA TBA

 
PRIVACY STATEMENT
 
The following statement sets out how Killa Curves (ABN 78 132 936 252) manages the Personal Information collected through its Website http://www.killacurves.com
Please read this Privacy Statement carefully.
General
  1. Killa Curves takes your privacy seriously and adheres to all applicable privacy laws.
  2. This statement does not extend to any third-party advertisements, links or websites, even if links to the same appear on the Website.
  3. This Privacy Statement will be periodically updated to reflect changes in the applicable laws.
  4. This Privacy Statement governs the information collected by Killa Curves regardless of where you may be when you visit and interact with the Website. 
  5. The term ‘personal information’ has the same meaning as it does in the Privacy Act 1988 (Cth).
Collection of information
  1. Killa Curves collects personal and non-personal information on the visitors to and users of the Website as follows:
    1. Personal information collected from the Website depends on each visitor’s or user’s interaction, such as:
      1. In the context of a registered user or subscriber, personal information is only collected and stored if you register on the Website and/or subscribe to the Killa Curves email service.  That personal information consists of all, or some of the following:
        1. Full name;
        2. Date of birth;
        3. Gender;
        4. Residential Address;
        5. Billing address;
        6. The contact details of that person (including telephone number and email address);
      2. In the context of a Customer/Purchaser of Goods, the personal information that is collected may consist of all, or some of the following:
        1. Full name;
        2. Date of birth;
        3. Gender;
        4. Residential Address;
        5. Billing address;
        6. The contact details of that person (including telephone number and email address);
        7. Merchandise information (purchases, orders, etc); and
        8. Method of payment. 
    2. Killa Curves may also use non-personal information which it collects from the Website to improve the functionality of the Website, such as:
      1. Data showing which sections of the Website are most frequently visited, the occurrence of visitors and duration of visitor’s website viewing.
      2. Your IP Address may be collected by the internet servers which host the Website on behalf of Killa Curves. 
      3. Killa Curves may use cookies and applets to provide you with a better browsing experience. Cookies and applets allow Killa Curves to tailor your browsing experience according to your browsing history.  You may change your settings in your internet browser to reject cookies and applets. However, this may affect your ability to access parts of the Website.
      4. Killa Curves reserves its rights to employ a third-party measurement company to assess traffic to the Website and to amend this Privacy Statement at any time in Killa Curves’s sole discretion.
7     Storage and Security of Information
7.1     Killa Curves takes all reasonable steps to ensure the security of our system.
7.2     Information which Killa Curves holds for you is stored on secure servers which are protected in controlled facilities. 
  1. Killa Curves and its contractors related to the provision our information systems are obliged to respect the confidentiality and privacy of your personal information held by Killa Curves. 
  2. Killa Curves will not be held responsible for events arising from unauthorised access to your personal information.
  1. PayPal
    1. This Privacy Statement does not apply to the payment system used by KillaCurves and maintained by PayPal. 
    2. The PayPal system is governed by PayPal’s own terms and conditions. 
    3. Killa Curves does not make any representations or warranties with respect to PayPals’s terms and conditions of use and in particular, PayPal’s privacy statement.
  1. MailChimp
    1. Killa Curves uses MailChimp to manage its database of subscribers for the Website email service and to maintain the mailing list for that service.  
    2. In the event that you no longer wish to subscribe to or receive email from Killa Curves, you may unsubscribe using links in our emails, the links in MailChimp or by written request to Killa Curves.
    3. Killa Curves does not provide any statement or warranties as to the safety or use of your personal information which is held by MailChimp.
    4. MailChimp’s Privacy Statement is available at http://mailchimp.com/legal/privacy/.
  2. Third parties
    1. Be aware that this Privacy Statement only applies to the personal information that Killa Curves collects through this Website. 
    2. Killa Curves will not on-sell your Personal Information to third parties.
    3. Killa Curves will only supply your Personal Information to third parties for the purposes of carrying on Killa Curves’s core business activities and only where the third party observes and applies strict privacy principles.
  3. Minors
If you are under the age of 18 years of age you must not submit any personal information to us unless you have the consent of, and are being supervised by, a parent or legal guardian.Killa Curves will not knowingly collect information from any unsupervised person under the age of 18 years.
  1. Access to your Personal Information