Terms of service
KISSING GATE – Terms of Service
OVERVIEW
This website is operated by KISSING GATE. Throughout the site, the terms “we”, “us”, and “our” refer to KISSING GATE.
KISSING GATE offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms and policies referenced herein or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree, you may not access the website or use any of our services.
Any new features or tools added to the current store will also be subject to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of or access to the website following such changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you have given consent for any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of these Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon solely for decision-making.
We reserve the right to modify the contents of this site at any time but have no obligation to update any information. You agree it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue any product or service at any time.
We shall not be liable to you or to any third party for modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Our products are offered exclusively online and in limited quantities. Due to the nature of fragrance and small-batch production, slight variations in scent or colour may occur — these are part of the artisanal process and not considered defects.
We have made every effort to display our products as accurately as possible, but we cannot guarantee your device’s display of colours will be accurate.
Our perfumes and mists are for external use only. Patch test before use. Discontinue if irritation occurs. Keep away from eyes, open flame, and heat.
We reserve the right to limit sales to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products and pricing are subject to change without notice.
We also reserve the right to discontinue any product at any time.
Consumer Guarantees (Australia):
Nothing in these Terms limits your rights under the Australian Consumer Law (ACL). If a product is faulty, damaged, or not as described, you are entitled to a remedy under the ACL. For details, refer to our Refund Policy.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order placed with us. We may limit or cancel quantities purchased per person, per household, or per order.
If we make a change to or cancel an order, we may attempt to notify you using the contact information provided.
You agree to provide current, complete, and accurate information for all purchases and accounts. You must promptly update your details so we can complete your transactions and contact you as needed.
We may limit or prohibit orders that, in our sole discretion, appear to be placed by resellers or distributors.
SECTION 7 – SHIPPING & RISK OF LOSS
We ship Australia-wide using secure, trackable services. Orders are dispatched within 3 business days unless otherwise stated.
Title and risk in products pass to you upon delivery to the shipping address you provide.
Delivery timeframes may vary by region. See our Shipping & Returns Policy for more information.
SECTION 8 – INTELLECTUAL PROPERTY
All content on this site — including text, images, product names, stories, and creative expressions such as The Library Opens, Mist the Moment, The Gold Edit, and Granny Crookfold — are the intellectual property of KISSING GATE.
You may not reproduce, distribute, or use any part of this site or its materials without our express written permission.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send us creative ideas, suggestions, or materials (collectively, “comments”), you agree that we may use them freely without obligation.
You agree not to post content that violates any rights or laws. You are solely responsible for the comments you make and their accuracy.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be typographical errors or omissions that relate to product descriptions, pricing, promotions, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to update or cancel orders if necessary.
SECTION 12 – PROHIBITED USES
You may not use the site or its content:
(a) for any unlawful purpose;
(b) to violate laws;
(c) to infringe intellectual property rights;
(d) to harass, harm, or discriminate;
(e) to upload viruses or malicious code;
(f) to collect data unlawfully; or
(g) to interfere with the security of this website.
We reserve the right to terminate access for any violation.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any rights or guarantees under the ACL that cannot be excluded by law.
We do not guarantee uninterrupted or error-free use of this site.
To the fullest extent permitted by law, KISSING GATE is not liable for any indirect, incidental, or consequential damages arising from your use of our products or services.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless KISSING GATE and its affiliates, partners, officers, and employees from any claim or demand arising out of your breach of these Terms or violation of any law.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 16 – TERMINATION
These Terms remain in effect until terminated by either you or us.
You may terminate at any time by ceasing use of the site. We may also terminate if you breach any provision of these Terms.
SECTION 17 – ENTIRE AGREEMENT
These Terms and any policies posted on this site constitute the entire agreement between you and KISSING GATE. Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia.
Any disputes will be subject to the non-exclusive jurisdiction of the courts of New South Wales.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time.
We reserve the right to update or replace any part of these Terms by posting changes to our website. Continued use of the site constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
📧 info@kissinggate.com.au