Terms


OVERVIEW

This website is operated by Adour & Kin. Throughout the site, the terms “we”, “us” and “our” refer to Adour & Kin. Adour & Kin 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 and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, 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 of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. 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 of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

When you place an order via the Site you agree and acknowledge as follows:

(a) Personal details. We will require you to provide personal information including your name, delivery address, email address, telephone contact and valid credit card or other relevant payment details. Personal information will be handled in accordance with Adour & Kin’s Privacy Policy as applicable from time to time. While we use reasonable security measures to protect your information we will not be liable for any misuse of this information due to an error in transmission, computer virus or malware or cyber-attack and we recommend that you regularly check to ensure your browser and internet connection are secure and your computer has up-to date virus software is installed.

(b) Prices and GST. Unless expressly stated otherwise, all prices on the Site are in Australian Dollars (AUD) and are GST exclusive. We reserve the right to amend our prices at any time. Where we make a taxable supply and the price does not include GST we will be entitled to add GST. ‘GST’ means the tax payable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax

(c) Payment. You must pay the order amount in full together with any postage or shipping charge through the Site by credit card at the time of making the purchase offer with respect to the relevant goods. Adour & Kin accepts major credit cards and any other valid payment methods as indicated to you via the Site at the point of payment, but accepts no responsibility for payment errors including as caused or contributed to by your issuing bank, credit card providers, merchant gateways or other payment intermediaries.

(d) Postage. Postage will typically incur an additional charge calculated and notified to you at time of purchase. Where postage is free or included in the purchase price this will be expressly stated. If an order is to be delivered to you at an international address you may need to pay additional customs charges or duties to the relevant authority in addition to the purchase and shipping amounts for your goods to be released to you. Any such charges are your sole responsibility and we encourage you to familiarise yourself with any such customs duties as may apply to your delivery.

(e) Offer and Acceptance. Your order constitutes an offer to purchase with respect to each product comprising the order for the specified price. We will at our discretion accept or reject your offer, and if we have not responded to you within 3 days your offer is deemed to be rejected. If we do not accept your offer for any reason neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance thereof. Adour & Kin is not required to give reasons for non-acceptance of an offer.

(f) Availability. We give no undertaking as to the availability of any product advertised on the Site. We will notify you as soon as practicable where any goods purchased are unavailable and will promptly provide a refund or credit note.

(g) Cancellation. Once you have submitted an order into our system it may not be possible to cancel the order even if our system notes that acceptance or rejection of your offer is still pending.

(h) Delivery. The estimated date delivery time of your order will be notified to you at the time of purchase, and if no estimated delivery time is provided will be the standard shipping time as quoted by our carriers from time to time applicable to your delivery address and the goods purchased. We give no guarantees regarding shipping time or the performance of our nominated carriers.

(i) Eligibility. Our products are for sale to adults over 18 years in age. By making a purchase on the Site you represent and warrant that you are over 18 years of age, and we may require you to confirm your age in connection with your use of the Site.

(j) Title and risk. Legal title to any product purchased by you on the Site will pass to you when we receive your payment. All risk of loss or damage to goods passes to you when we despatch the goods, and following despatch any carriage of the goods to the delivery location designated by you is undertaken by the relevant carrier(s) acting as your agent.

(k) Order cancellation due to error. If a product is listed on the Site at an incorrect price or with incorrect descriptive information or images due to typographical error or similar oversight at the time of purchase, we will notify you and reserve the right to cancel the transaction. If your credit card has been charged, we agree to provide a full refund for the total amount debited.

(l) Limited purchase quantities. Adour & Kin reserves the right to monitor, restrict and/or limit sales or the purchase quantities of products at its sole discretion. Adour & Kin reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases Adour & Kin will reduce product(s) to what Adour & Kin considers a non-commercial quantity. Any commercial size quantities should be requested by email to: hello@adourandkin.com.

(m) International destinations. Adour & Kin endeavours to monitor international orders to ensure that all items ordered by customers are included in each order and that each order is safely packed for international shipping. However, Adour & Kin has no control over international customs or postal operations and takes no responsibility for damaged items or items claimed to be missing. Adour & Kin will not refund any international orders where such claims are made.

(n) Destination restrictions and liability. Adour & Kin reserves the right to restrict parcels deliverable to or ordered by users located in certain international destinations in its sole discretion, including Egypt, Ghana, Indonesia, Iraq, Lebanon, Macedonia, Morocco, Nigeria, Pakistan, Romania, Serbia and Montenegro, Syria, Ukraine or Vietnam. Adour & Kin is not responsible for the loss of any orders due to untraceable consignments numbers, nor any cost that may be incurred due to customs tax or delivery tax. Adour & Kin holds no liability to any orders that are detained by any countries customs, this may also affect delivery times and Adour & Kin holds no responsibility on the order being delivered within a certain timeframe or cost. Adour & Kin cannot guarantee the quality of any consumable products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them.

(o) Force majeure. If Adour & Kin is delayed or prevented from performing any of its obligations under these Terms and Conditions by reason of any event or circumstance beyond its reasonable control Adour & Kin will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.

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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that 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 at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by/or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Adour & Kin, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Adour & Kin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: hello@adourandkin.com.

Privacy Policy

We recognise that our customers, visitors, users, and others (known collectively or individually as “users”) who use our “website” value their privacy. This privacy policy applies to all of the products, services, and details important information regarding the use and disclosure of user information collected on the website.

We recognise the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This policy will be continuously assessed against new technologies, business practices and our members and users’ needs.

What information do we collect?

When you visit our website you may provide us with two types of information:

  1. Personal information you knowingly choose to disclose that is collected on an individual basis;
  2. Personal information you choose to provide
  3. Web site use information collected on an aggregate basis as you and others browse our web site.

Registration information

When you register for any of our products, services or newsletters you will provide us information about yourself.

Credit card information

If you choose to use our services, you may need to give personal information and authorisation to obtain information from various credit services. For example, you may need to provide the following information:

  • name
  • mailing address
  • email address
  • credit card number
  • name on credit card
  • credit card billing address
  • business and home phone number

Email information

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

Web site use information

Similar to other commercial web sites, our web site utilises a standard technology called “cookies” (see explanation below, “what are cookies?”) and web server log files to collect information about how our web site is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our web site, and the web sites visited just before and just after our web site.

How do we use the information that you provide to us?

Broadly speaking, we use personal information for purposes of administering our business activities, providing the products and services you requested, to process your payment, to monitor the use of the service, our marketing and promotional efforts and improve our content and service offerings, and customise our site’s content, layout, services and for other lawful purposes. These uses improve our site and better tailor it to meet your needs.

Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law.

Occasionally, we may also use the information we collect to notify you about important changes to our website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided on the newsletter.

What are cookies?

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a web site, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each web site can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites. Browsers are usually set to accept cookies. However, if you would prefer not to receive cookies, you may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our site will not function as effectively when viewed by the users. A cookie cannot retrieve any other data from your hard drive or pass on computer viruses.

How do we use information we collect from cookies?

As you visit and browse our web site, the site uses cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from having to log in more than is necessary for security. Cookies, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting our web site and which parts of the site are most popular. This helps us gather feedback to constantly improve our web site and better serve our clients. Cookies do not allow us to gather any personal information about you and we do not intentionally store any personal information that your browser provided to us in your cookies.

Ip addresses

Ip addresses are used by your computer every time you are connected to the internet. Your ip address is a number that is used by computers on the network to identify your computer. Ip addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the web pages you request) can be sent to you.

Sharing and selling information

We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.

How can you access and correct your information?

You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at the usual address.

What about legally compelled disclosure of information?

We may disclose information when legally compelled to do so, in other words, when we in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms of service or to protect the safety of our users and the public. 

What about other web sites linked to our web site?

We are not responsible for the practices employed by web sites linked to or from our web site or the information or content contained therein. Often links to other web sites are provided solely as pointers to information on topics that may be

Useful to the users of our web site.

Please remember that when you use a link to go from our website to another web site, our privacy policy is no longer in effect. Your browsing and interaction on any other web site, including web sites, which have a link on our website, is subject to that web site’s own rules and policies. Please read over those rules and policies before proceeding.

Your consent

By using our web site, you consent to our collection and use of your personal information as described in this privacy policy. We reserve the right to amend this privacy policy at any time with or without notice.

Our commitment to data security

Please note that your information will be stored and processed on our computers in Australia and the United States. The laws on holding personal data in Australia and the United States may be less stringent than the laws of your country of residence or citizenship. To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. 

Choice/opt-in/opt-out

This site allows visitors to unsubscribe so that they will not receive future messages. After unsubscribing we will discontinue sending the particular messages as soon as technically feasible.