Terms & Conditions
Kaluka Creative have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
Use
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorize any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
If you make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Passwords and logins
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
Indemnification for loss or damage
You agree to indemnify us and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a License Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: info@kalukacreative.com
Trademarks
The trademarks and logos contained on this Website are trademarks of Kaluka Creative. Use of these trademarks is strictly prohibited except with our express, written consent.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
Information Collection
Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.
Confidentiality
All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Australia.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
Quality and refunds.
Kaluka Creative make every effort to ensure that each and every pot is made to the highest standard as humanly possible. As our pots are all hand made by us, each pot has its unique texture, bubble holes and markings which give them their own character and uniqueness. This is how we intended them to be and that’s what we love about them, that each piece is different from each other. We consider variations in colour/s, size, patterns and texture to be normal and part of their uniqueness.
The photographic images displayed on our website of our pots are an indication only as colours, patterns, bubble holes and textures vary from pot to pot. Kaluka Creative will not be held responsible for any imperfections or variations of colours, patterns or symmetry.
Kaluka Creative retain the right to change the prices on any items without any notice.
All goods remain the property of Kaluka Creative until customer has paid in full.
If you believe your product is damaged in transit, you must contact us by email info@kalukacreative.com within 7 days of you receiving it.
All claims for a refund must also have an accompanying photo attached to verify any breakages. If you feel your product is faulty and you wish to return it within the 7 days period to us. Then the product must be returned to us in perfect condition, packed well and incurred no damage in transit to us to 10 Jersey Alley, Busselton, 6280, W.A.
Please make your selections carefully as Refunds will not be accepted for change of mind.
We reserve the right to refuse a refund or exchange if the goods returned have been deemed to have been tampered with, not been used for their intentional use or damaged.
Any orders placed via our website may be cancelled within 48 hours of placement of order, with no penalty or fees attached in accordance with the ACCC. Please contact us immediately at Kaluka Creative at info@kalukacreative.com for any cancelations.