THIS ONLINE STORE IS OWNED AND OPERATED BY:
Kester Black Pty Ltd trading as “Kester Black”
Registered in Australia
ACN 168786418
3/59 Keele Street, Collingwood
VIC, 3066 Australia
P: +61 3 9078 2403
E: hello@kesterblack.com

Please read through our terms and conditions (Agreement) carefully before placing your order. Any references to “Kester Black” throughout this website should be taken as references to “Kester Black Pty Ltd”

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

SCREEN COLOUR
Please be aware that choosing nail polish colours online can be difficult. You may need to calibrate your monitor so the nail polish colours appear accurately on it. Our photos are true to colour however your screen may not be. Please also note that we cannot exchange nail polish colours due to hygiene standards.

AVAILABILITY
We cannot guarantee that 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. In this unlikely event, we will refund you immediately and do our best to find you a replacement.

PAYMENT
Purchases may be made by Visa, MasterCard credit cards or PayPal, through our online payment facility.

All prices are in Australian Dollars. Prices listed on our website are correct at time of publication, however, we reserve the right to alter the prices for any reason.

All transactions are settled in Australian Dollars (AUD). If you are ordering from outside of Australia and your account details are held in a different currency, it will be automatically converted to Australian Dollars when you complete the transaction. The final charge to your credit card is made in Australian 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 and it will be the responsibility of the buyer or recipient to pay this.

RETURNS AND EXCHANGES
Please choose your purchase carefully as all sales are final. Due to hygiene reasons, no returns or exchanges on any product will be accepted unless faulty or the incorrect item is shipped to you.

INTELLECTUAL PROPERTY
Our website includes copyright material, images, trade marks and registered trade marks which are the property of Kester Black Pty Ltd 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 or copied for any other 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.

GIFT VOUCHERS
A Kester Black gift voucher is a lovely gesture which the recipient can use towards payment for an order. You can select from one of the amounts listed on our store and click on “add to cart” to add it 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 in Australian dollars. Any remaining value on the gift voucher remains valid for the term of the voucher.

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

DONATIONS
In the financial year 2016 – 2017 Kester Black donated $85,017 of cash and in kind donations to Ygap for the polished man campaign to help put an end to violence against children. In the financial year 2015 – 2016 Kester Black donated $12,000 worth of in kind donations to The Berry Street Foundation.

EMILY GREEN X KESTER BLACK TERMS AND CONDITIONS

  1. The promoter is: Kester Black Cosmetics, ABN: 77594714451, whose registered office is at 3/59 Keele Street, Collingwood, 3066.
  2. Information on prizes and how to enter Kester Black competitions form part of these Terms & Conditions of Entry.
  3. By entering Kester Black competitions, entrants accept the above-stated Terms & Conditions of Entry.
  4. Entry to Kester Black competitions are open to all Australian residents; excluding employees and their immediate families of the Promoter and its related companies.
  5. To enter Kester Black competitions, entrants must answer all competition questions and entries must be received by the Promoter by the close of business on the specified closing date. The competition commences on 07/08/2017 and the closing date for entry will be at 16:30pm AEST on 21/08/2017. After this date the no further entries to the competition will be permitted.
  6. Prize winners of Kester Black competitions are selected at 3/59 Keele Street, Collingwood, 3066 on the specified competition judging date. Winners are contacted by email or mail within 5 business days of selection and may be announced via social media and/or the publication’s website.
  7. The judges’ decision is final and binding. As such, no correspondence will be entered into.
  8. Competitions are games of skill and as such, winning entries are selected based on the creativity of entries submitted.
  9. Unless expressly stated, all other expenses become the responsibility of the winner.
  10. If any prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.
  11. Prize winners are advised that tax implications may arise from their prize winning and may wish to seek independent financial advice prior to the acceptance of the prize.
  12. Subject to the unclaimed prize draw clause, if for any reason a winner does not take the prize or an element of the prize by the time stipulated by the Promoter, then the prize or that element of the prize will be forfeited.
  13. All prize winners agree to the use of their name and address suburb for publicity and competition purposes, without compensation.
  14. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability which cannot be excluded by law.
  15. As a condition of accepting the prize, the winner (and his/her companion – where applicable) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  16. Prizes are not redeemable for cash, credit or product and no exchanges are offered. The Promoter accepts no responsibility for any variation in the value of the prize (or part thereof).
  17. The Promoter, their associated agencies and companies associated with this competition take no responsibility for prize damage or lost in transit and the Promoter will not be responsible for any delay in delivery, damage to or loss in transit of the prize.
  18. Each entrant’s personal information (“PI”) is collected to enable the Promoter to administer and promote this Competition and the winner. The PI of winners may be provided to third parties who are assisting the Promoter, including prize suppliers, deliverers and authorities that regulate competitions. Entrants who fail to provide all requested PI, may be determined by the Promoter, at its sole discretion to be ineligible to win a prize. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Entries may be entered into a database and the Promoter may use the entrants’ names and addresses for future promotional, marketing and publicity in various forms by the Promoter, and the entrant consents to such use. Entrants may direct any request to access their personal information to the Promoter. Additionally, all literary works submitted as part of an entry become the property of the Promoter and it is a condition of entry that those literary works may be used by the Promoter for their own promotional, marketing and publicity purposes without restriction. The promoter may share the entry details with the prize provider.
  19. The collection, use and disclosure of personal information provided in connection with this promotion is further governed by the Privacy Policy found on the Kester Black website.
  20. The Promoter assumes no responsibility for any error, omission, interruption, corruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer networks and systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any web site, or any combination of them, including any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Competition.
  21. All entries become the property of Kester Black. As such, Kester Black is the owner of all copyright and other intellectual property in the winning responses.
  22. The laws of Victoria govern Kester Black competitions.
  23. For all alcohol prizes: Entry is open to all residents of Australia aged 18 years and over (excluding residents of Northern Territory). No more than 20 litres of alcohol will be won by New South Wales residents. Once 20 litres of alcohol has been won by New South Wales residents, cash will be awarded in lieu of the remaining alcohol prize. The Promoter will require winners to provide proof of age. Identification considered suitable for verification is at the Promoter’s discretion. The Promoter encourages consumers to drink responsibly. Guidelines are available at http://www.nhmrc.gov.au/publications/synopses/ds10syn.htm
  24. For all travel prizes; Passports, any requisite visas, spending money, meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. The winner and companion must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the prize. If for any reason a winner does not take the prize or an element of the prize at the time stipulated by the Promoter, then the prize or that element of the prize will not be redeemable for cash and is subject to booking and flight availability. Itineraries are to be determined by the Promoter in its absolute discretion.
  25. During the entire duration of the travel prizes, a nominated parent/guardian must accompany any person under 18 years of age unless otherwise stated. The winner (and his/her companion) is responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Prize is subject to the standard terms and conditions of individual prize and service providers. Winner may be required to present credit card at time of accommodation check in.
  26. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  27. If for any reason the competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or to cancel, terminate, modify or suspend the competition.
  28. In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the event and recommence it from the start on the same conditions at a later date.
  29. Please allow up to 28 days for delivery of prizes from the draw date. Prizes will be sent to delivery address provided by the winners. The Promoter and prize suppliers will take no responsibility for prizes lost or damaged in transit.