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Terms and Conditions

Our website is owned and operated by Kester Black Limited in New Zealand (NZBN: 942 904 804 0051). Our address is 18 Viaduct Harbour Avenue, Auckland Central, 1010, New Zealand.

Please read through our terms and conditions carefully before placing your order.  By visiting our website and/or placing an order, you agree that these terms and our Privacy Policy applies. If you do not agree to these terms, you must not visit our website or place an order.

Product information and availability

We endeavour to ensure that the information made available on our website, including colours and images of our products, is accurate and current. You acknowledge your computer’s monitor may not display colours accurately in the same way.

We may withdraw products or fix any errors or omissions at any time and you agree that it is your responsibility to monitor any changes to our website.

We endeavour to keep our stock levels up to date. In the unlikely event that the item you have ordered is out of stock at the time of ordering, we will suggest an alternative for a replacement or refund you immediately. 

Price and payment

Prices listed on our website are in the currency as stated and, if you are viewing the website from New Zealand, are inclusive of the 15% Goods & Services Tax (GST). We may alter prices for any reason or correct errors.

Purchases can be made by Visa and MasterCard credit cards, or via PayPal, Shop Pay, G Pay, and Apple Pay with our online payment facility. All transactions are settled in the currency as stated on our website. If you pay using a different currency, you agree that you are responsible for any currency conversions and fees charged by your bank and/or card provider. 

If you are ordering from outside Australia and New Zealand, you agree that you are responsible for any import duties and taxes that may apply in your country.

We reserve the right to verify the validity of any promotional offer redeemed by you at any time. If we believe that there has been unauthorised use of a promotional offer or code, you acknowledge that we may revoke the order and/or cancel your order.

You acknowledge that promotional offers cannot be used with gift vouchers and that discount codes are not valid with other offers, including sales.

Delivery

After we receive your order and payment, we will endeavour to dispatch the products within the timeframe stated on our website, which we may change at any time. You acknowledge that we are not responsible for delivery timeframes by delivery service providers or any other failure on our part due to events beyond our reasonable control. These events could include war, conflict, natural disasters, fire or flood, strikes or lack of delivery from our suppliers.

Returns

To the fullest extent permitted by law, we will accept returns of ordered products according to the returns policy stated on our website. You agree that we are not responsible for returned products that are lost, stolen or damaged during transit. 

Personal information

You agree that we may handle and store any personal information that you provide us according to our Privacy Policy.

Kester Black Gift Cards

A Kester Black gift card is a brilliant gift which the recipient can use towards payment for an order.

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.

Intellectual property

Kester Black is the owner or licensee of all material, images and trade marks on our website. You may only use these for browsing our website and purchasing our products.

Limitation of liability

Consumer Guarantees Act 1993 (NZ) and similar laws in New Zealand may impose consumer guarantees and obligations on us that cannot be excluded, restricted or modified (Non-excludable Rights). We do not exclude any Non-excludable Rights and exclude all other conditions and warranties implied by custom, law or statute.

Unless provided by Non-excludable Rights or expressly stated in our website, you agree that:

  1. we provide all our products "as is" and without warranties of any kind;
  2.  we (and our suppliers) disclaim all warranties of any kind (including but not limited to implied warranties of merchantability and fitness for a particular purpose); and
  3. we exclude any liability under contract, tort or equity for any indirect, incidental, special and/or consequential damages, even if we have been notified of the possibility of any loss or damage, and that any liability will be reduced by the extent you contributed to any loss or damage.

To the fullest extent permitted by law, you agree that our liability for breach of any warranty is limited to our choice of replacing the product, supply an equivalent product, repairing the product, or paying the cost of replacing the product.

You agree to indemnify and hold us (and our directors and employees) harmless from any claim, liability, loss or cost (including legal costs) arising from your breach of any of these terms and any unauthorised use of our website.

General

We endeavour to ensure that our website is free of any virus, worm, Trojan horse and/or malware. You acknowledge that 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.

These terms and any other policies displayed on the website represent 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.

If we do not exercise or enforce any right or provision in these terms or any other policy, you agree that this does not constitute a waiver of such right or provision.  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

These terms are governed by the laws of New Zealand, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand.