Terms of service
Last updated: September 6, 2025
Overview
Welcome to KONA (“we”, “us”, “our”). KONA operates this store and website, including all related information, content, features, tools, products, and services (the “Services”), to provide you with a curated shopping experience. Our store is powered by Shopify, which enables us to provide the Services.
These Terms & Conditions (“Terms”) together with any policies referenced here describe your rights and responsibilities when you use the Services. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Access and Account
You must be at least the age of majority in your state or territory to use the Services. You may be asked to provide information (e.g., email, billing and shipping details, payment info). You warrant the information you provide is accurate and that you have all necessary rights to provide it. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
2. Our Products
We make every effort to display our products accurately; however, colour, grain, and finish may vary due to screen differences and the natural characteristics of hardwoods and reclaimed timbers. Product descriptions and availability may change without notice. We may limit quantities to any person, region, or jurisdiction.
3. Orders
When you place an order, you make an offer to purchase. We may accept or decline your order at our discretion. An order is accepted when we confirm acceptance and process your payment. Please review your order carefully; we may be unable to cancel after acceptance. If we do not accept or must cancel, we will attempt to notify you via the contact details provided.
Returns and exchanges are handled in accordance with our Help & Support (Returns & Refunds) policy. You represent that purchases are for personal/household use and not for resale or export.
4. Prices and Billing
Prices are in Australian dollars (AUD) and include GST unless stated otherwise. Prices, discounts, and promotions may change without notice. The price charged is the price in effect at the time of your order, as shown in the confirmation. Posted prices generally exclude shipping and handling.
You agree to provide current, complete, and accurate purchase and account information, and to keep your payment details up to date. You represent that you are authorised to use the chosen payment method and that all charges will be honoured.
5. Shipping and Delivery
We deliver within Australia only, in partnership with our logistics provider Move My Stuff. Delivery timeframes are estimates and may vary by location (e.g., Melbourne metro typically 2–5 business days, other cities 5–10, regional up to 14). Once dispatched, you will receive tracking details.
We are not liable for delays outside our control (e.g., courier, transport, or weather disruptions). Risk of loss passes on delivery to the shipping address you provide. For delivery details, see Help & Support.
6. Intellectual Property
The Services and all content (including trademarks, text, images, graphics, video, and design) are owned by KONA or its licensors and are protected by applicable intellectual property laws. You may use the Services for personal, non-commercial use only. No licence is granted except as expressly provided. All rights not expressly granted are reserved.
7. Optional Tools & New Features
You may access third-party tools through the Services “as is” and “as available,” without warranties or endorsements. Your use is at your own risk and subject to the third party’s terms. Future features released as part of the Services are also subject to these Terms.
8. Third-Party Links
The Services may contain links to third-party websites or content. We are not responsible for their content, policies, or practices and you access them at your own risk. Review third-party terms before engaging in any transactions.
9. Relationship with Shopify
KONA is powered by Shopify, which enables us to provide the Services. Sales and purchases are made directly with KONA. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and KONA. You release Shopify and its affiliates from claims arising from your purchases and transactions with KONA.
10. Privacy
Personal information we collect is governed by our Privacy Policy. Because the Services are hosted by Shopify, Shopify also processes personal information about your access and use of the Services to provide and improve its platform. See our Privacy Policy for details, including use of logistics partners such as Move My Stuff.
11. Feedback
If you submit reviews, ideas, or other feedback (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, and display such Feedback for any purpose. You represent that you have the rights to provide the Feedback and that it complies with applicable laws and these Terms.
12. Errors, Inaccuracies & Omissions
Information on the Services may contain errors or omissions (e.g., product descriptions, pricing, promotions, shipping charges, transit times, availability). We may correct or update information or cancel orders if information is inaccurate, at any time without prior notice (including after you submit an order).
13. Prohibited Uses
You agree not to use the Services for unlawful purposes; to infringe intellectual property rights; to harass, abuse, defame, or harm others; to transmit malware or unsolicited messages; to scrape or data-mine; or to interfere with security features. We may suspend or terminate access for violations.
14. Termination
We may terminate or suspend access to the Services at any time. You remain responsible for amounts due up to the date of termination. Sections intended to survive (including Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law, and Privacy) will continue to apply.
15. Disclaimer of Warranties
Except as expressly stated by KONA, the Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, title, or non-infringement. We do not warrant uninterrupted, timely, secure, or error-free operation.
16. Limitation of Liability
To the fullest extent permitted by law, KONA and our directors, officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, savings, data, or replacement costs, arising from your use of the Services or products. Our aggregate liability is limited to the amount you paid for the product that gave rise to the claim. Nothing in these Terms limits rights under the Australian Consumer Law.
17. Indemnification
You agree to indemnify and hold harmless KONA and our affiliates, officers, employees, and service providers (including Shopify) from claims arising out of your breach of these Terms or violation of law or third-party rights.
18. Severability
If any provision is found unlawful or unenforceable, it will be enforced to the maximum extent permitted, and the remainder will continue in full force.
19. Waiver; Entire Agreement
Failure to enforce any right is not a waiver. These Terms and policies referenced herein constitute the entire agreement between you and KONA regarding the Services and supersede prior agreements.
20. Assignment
You may not assign your rights or obligations without our prior written consent. We may assign these Terms without notice.
21. Governing Law
These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria.
22. Changes to Terms
We may update these Terms from time to time. We will post changes on this page and update the “Last updated” date. Your continued use of the Services after changes constitutes acceptance.
23. Contact
Questions about these Terms? Email us at konakona@konaliving.com.au.