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Terms and Conditions

About us

This website is owned and operated by Kester Black Limited.

Registered in New Zealand: 
NZBN: 942 904 804 0051
18 Viaduct Harbour Avenue
Auckland Central, 1010
New Zealand

Please read through our terms and conditions carefully before placing your order. Any references to Kester Black throughout this website should be taken as reference to Kester Black Limited.

Acceptance of Terms and Conditions

By visiting this website and/or placing an order you agree to be bound by the terms and conditions set out below. Please read our Privacy Policy which explains how we manage information provided by you.

Product availability

We cannot guarantee our products will always be available on a continuous or uninterrupted basis. Whilst we endeavour to keep our stock levels up to date, there is a possibility the item you have ordered may be out of stock at the time of ordering. In this unlikely event, we will refund you immediately and do our best to offer you a replacement.

Payment

Purchases can be made by Visa and MasterCard credit cards, or via PayPal with our online payment facility.All prices are in Australian dollars (AUD). Prices listed on our website are correct at the time of publication, however, we reserve the right to alter prices for any reason.

All transactions are settled inAustralian dollars. If you are ordering from outside of Australia and your account details are held in a different currency, the order total will automatically be converted toAustralian Dollars when you complete the transaction. The final charge to your credit card is made inAustralian dollars and the conversion rate will be determined by your bank or card provider (who may also charge a small currency conversion fee). As such, we do not take responsibility if the final amount charged to your card differs slightly from the amount shown on the order receipt.

Local import duties and taxes may apply in some countries when you receive your goods. These duties and taxes are the responsibility of the buyer or recipient.

Intellectual property

Our website includes copyright material, images, trademarks and registered trademarks which are the property of Kester Black or which we have the licence to use. This material may only be used for the purposes of browsing our website and purchasing products. Permission will need to be sought if images or information is to be printed, copied or repurposed for any reason.

Limitation of liability

To the maximum extent permitted by law, our liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at our option. Our exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity, even if we have been notified of the possibility of such loss or damage. You agree that our liability, if any, to you at law will be reduced by the extent, if any, to which you contributed to the loss.

Disclaimers

Kester Black reserves the right to change or withdraw products without notice and amend prices at any time. Information contained throughout the web pages is believed to be accurate and reliable at the time of publishing, however there may be misprints, human errors, and omissions. 

We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Promotional offers

We reserve the right to verify the validity of any promotional offer redeemed by you at any time. If we have reason to believe that there has been unauthorised use of a promotional offer or code, it is open to us to revoke the order and/or cancel your order at our discretion.

Promotional offers cannot be used in conjunction with gift vouchers. Discount codes are not valid in conjunction with any other offers, including sales.

Gift cards

A Kester Black gift card is a brilliant gift which the recipient can use towards payment for an order. You can select from one of the amounts listed on our store to add to your shopping cart. In the checkout process you will be asked to enter the recipient’s details and a personal message. Please specify when you want the recipient to receive it if timing is important. You can purchase as many gift vouchers as you want per transaction and each voucher is valid for a period of 12 months from the date of purchase. Amounts are inAustralian dollars. Any remaining value on the gift voucher remains valid for the term of the voucher.

Unforeseen events

You acknowledge that in the event that any failure on our part to deliver goods or services results from events beyond our control and that are not reasonably foreseeable, we are released from any liability or obligation to fulfil contractual agreements. These events could include war, conflict, natural disasters, fire or flood, strikes or lack of delivery from our suppliers.

Entire agreement

The Agreement (being these Terms and Conditions and any other policies displayed on the website) represents the entirety of the agreement between you and us, and supersedes any prior agreement or understanding between you and us, whether oral or in writing.

Relevant parties

Any indemnity, agreement, representation or promise provided by you to us, as set out in this agreement, shall be taken to be an indemnity, agreement, representation or promise also provided by you to our employees, officers, agents and shareholders and any related entity of ours in relation to the website.

Waiver

If we fail at any time to insist upon strict performance of any of your obligations under this agreement, or fail to exercise any of the rights to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with those obligations. Further, a waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any term of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Termination

We reserve the right to terminate this agreement at any time. We shall not be liable to you for any cost, expense, or damages whatsoever for terminating this agreement.

Severability

If any provision of this agreement is determined by any court to be invalid, unlawful or unenforceable to any extent, the provision is to be severed from the agreement, such that the remaining provisions of this agreement continue to be valid to the fullest extent permitted by law.

Jurisdiction

This agreement is governed by the laws applicable in New Zealand, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand. While this Website may be accessed both in New Zealand and overseas, we make no representations that the content of the website complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access the website from outside New Zealand, you do so at your own risk and must comply with the laws in force in that country.