Terms and Conditions
Black Kat Fashion is the operator of the websites blackkatFashion.com and the expressions “we”, “us” and “our” are a reference to Black Kat Fashion.
By using the websites, you (or “User”) agree to the terms and conditions that we have provided. If you do not agree to these terms, you should cease use of the websites now. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the websites.
We may change these terms and conditions at any time, at our discretion without notice. All such changes to these terms and conditions will appear on the Website. Your continued use of the website will be your acceptance of any amendment, variation or replacement of these terms and conditions.
We reserve all intellectual property rights, including but not limited to, copyright in information, materials and/or services provided by us. Nothing in these Terms and Conditions gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features. Trademarks and logos used on the websites that are owned by third parties are used with permission and remain the intellectual property of those third parties.
General Rules – Use of Website
In order to access and make a purchase, you may first open a registered account on the website (‘Account’). This will enable you to:
- Receive information and emails from us;
- Make a purchase;
- Change your particulars such as email address, location, credit card details and passwords;
- View previous fashion you have purchased;
- Receive loyalty reward points for future use on the site;
When you first register your Account, you must provide precise and complete information as regards yourself and keep this information up-to-date. We reserve the right to decline registration of an Account (or to close an existing Account) where:
- You have opened, or are attempting to open, an Account in a fraudulent or illegal way;
- You are in breach of these terms and conditions;
- To do so is necessary to comply with the law
You are entirely responsible for your account activity and for keeping your Account login and passwords secure.
You represent and warrant that:
- You will use our websites in accordance with these Terms and Conditions;
- You possess the legal right and ability to enter into a legally binding agreement with us; and
- You are at least 18 years of age.
Limitation of Liability
This site is provided by blackkatFashion.com: on an “as is” basis makes no representations or warranties of any kind, express or implied, as to the operations of the site or the information, content materials, or products included on this site. blackkatFashion.com: will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, punitive, and consequential damages.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees, agents and related bodies corporate from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your use of the website, your conduct and/or your breach of these terms and conditions.
Links to Third Party Websites
Restrictions on Use of the Website
You agree to use the website solely for your own personal use and only for purposes that are permitted by:
- These terms and conditions; and/or
- Any applicable laws or regulations.
You agree not to engage in any activity that interferes with or interrupts the website or the servers and networks that host the website. You agree not to, nor attempt to, evade, disable or otherwise interfere with security-related features of the website.
You agree not to, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from, the website or any other communications received from us except as permitted by these terms and conditions of use, by law or without prior written approval from us.
Any fraudulent, illegal or unauthorized use of the websites shall constitute a violation of these terms and conditions and further agree that we may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
Nothing in these Terms & Conditions of Use creates a partnership, employment relationship or agency relationship between you and us.
We cannot change any information on an existing order once it has been processed, including but not limited to the shipping address, billing information, size, item, or quantity. additionally, orders cannot be cancelled after processing, and are subject to return and exchange policies.
If your order arrives damaged, incorrect or incomplete please contact our customer service via the Contact Us form page.
If your item has been damaged, photograph evidence will need to be sent to our email address. once we receive the photographs, we will issue a return label via e-mail. Once the item has been shipped back to our facility, we will provide a replacement.
If your order arrives and is an incorrect item, please contact us via email. once we verify that your order is incorrect, we will issue a return label via e-mail. Once the item has been shipped back to our facility, we will provide a replacement.
We are not responsible for any damages to any merchandise once the item has been worn or washed.
We are not responsible for lost packages due to shipping addresses provided incorrectly. Shipping delays will occur if an incorrect address is provided at checkout. Please double check your billing and shipping address as we are unable to reroute packages.
If your package is returned to our facility due to shipping error, we will contact you for an updated address via the e-mail provided with your shipping information. If we do not receive a response within 10 business days, we hold the right to refund your order.
We will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions of Use if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside our control which is not due to any lack of reasonable prudence or foresight.
Any provision of these Terms & Conditions of Use which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms & Conditions of Use read in full force and effect. Our failure to enforce any provision of these Terms & Conditions of Use will not be considered a waiver of its right to enforce such provision. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Price and availability information on this site is subject to change without notice. The websites may include technical inaccuracies or typographical errors. Changes are periodically added to the information on this website. These changes will be incorporated in new editions of the websites. We may make improvements and/or changes in the product(s) and/or the programs(s) described on the websites at any time.
Use of products must be in accordance with those as mentioned we do not warrant protection from incorrect use of our products.
These Terms & Conditions of Use are to be interpreted in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
We do not represent that the contents of our website are appropriate or available for use in countries outside Australia.
This site is created and controlled by Black Kat Fashion and as such is governed by the laws of the state of California, United States of America.