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 $84,490 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.

ETTITUDE MOTHER’S DAY GIVEAWAY TERMS AND CONDITIONS

1.The promoter is: Kester Black Cosmetics, ABN: 77594714451, whose registered office is at 3/59 Keele Street, Collingwood, 3066. 2. Employees of Kester Black Cosmetics and Ettitude or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition. 3. To enter the competition, the entrant must fill in the form and enter their full name, email address and postal address to submit a valid entry at https://www.kesterblack.com/ettitude. 4. The competition commences on 19/04/2017 and the closing date for entry will be at 11.59pm AEST on 05/05/2017. After this date the no further entries to the competition will be permitted. 5. No responsibility can be accepted for entries not received for whatever reason. 6. The rules of the competition and the prize for each winner are as follows: Employees of Kester Black will choose three final winners judged based on creativity of their entry. The ten chosen winners will be announced and notified via email on 08/05/2017, and their prize will be posted out the same day when a shipping address is received. 7. The winner will be notified within 1 day of the closing date. If the winner cannot be contacted or do not claim the prize within 7 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner. 8. The promoter will notify the winner, and the winner will provide an address for the prize to be delivered to. 9. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. The promoter will notify any changes to the competition to entrants as soon as possible. 10. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition. 11. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice. 12. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into. 13. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. 14. The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia. 15. The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. 16. Entry into the competition will be deemed as acceptance of these terms and conditions. 17. The information provided for this competition will be used in conjunction with the following Privacy Policy found at http://www.kesterblack.com/privacy-policy.