TERMS OF SERVICE

OVERVIEW

Welcome to Kohvella. The terms “we”, “us” and “our” refer to Kohvella. Kohvella operates this online store and website, including the information, content, features, tools, products and services offered through it (the “Services”).

Our store is powered by Shopify, which enables us to provide our Services to you.

These Terms of Service, together with any policies referenced within them, describe your rights and responsibilities when accessing or using our Services.

By visiting, interacting with, purchasing from or otherwise using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms, you should not use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By using our Services, you confirm that you are at least the age of majority in your state, territory or country of residence, or that you have permission from a parent or legal guardian where required. When placing an order, you may be required to provide information including your name, email address, billing information, payment details and shipping address. You agree that all information you provide is accurate, current and complete, and you are responsible for maintaining the security of your account information and credentials.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately display and describe the products available through our store. However, colours, packaging and product appearance may vary slightly from images displayed online due to differences in screens, manufacturing, packaging updates or other factors. Product descriptions, prices and availability may be changed at any time without notice, and we reserve the right to discontinue products or limit the quantities available for purchase where reasonably necessary.

SECTION 3 - ORDERS

When you place an order through Kohvella, you are making an offer to purchase the selected products. We reserve the right to accept, decline or cancel an order where reasonably necessary, including in cases involving payment issues, suspected fraud, incorrect pricing, stock availability or incorrect customer information. Payment must be successfully processed before an order can be fulfilled. Please review your order carefully before submitting it, as once an order has entered processing or fulfilment, we may not be able to change or cancel it. If there is an issue with your order, we will attempt to contact you using the information provided during checkout. Returns, exchanges and refunds are handled in accordance with our Return & Refund Policy.

SECTION 4 - PRICES AND BILLING

Product prices, discounts and promotions may change without notice. The price charged will be the price displayed at checkout when your order is placed. Shipping costs and any applicable charges will be displayed during checkout where applicable. You agree to provide accurate and current payment and billing information when making a purchase and confirm that you are authorised to use the payment method provided for your purchase.

SECTION 5 - SHIPPING AND DELIVERY

We currently ship to selected destinations, including Australia, New Zealand and the United States. Estimated delivery times are provided during checkout and in our Shipping Policy. Delivery times are estimates and are not guaranteed, and orders may experience delays due to carriers, customs, public holidays, weather, high-volume periods or other circumstances outside our reasonable control. Please refer to our Shipping Policy for further information regarding processing, delivery, tracking and shipping.

SECTION 6 - RETURNS AND REFUNDS

Returns, exchanges and refunds are handled according to our Return & Refund Policy. Eligible change-of-mind return requests must be made within the period specified in our Return & Refund Policy. Different rules may apply to faulty, damaged, defective or incorrectly supplied products in accordance with applicable consumer protection laws. Nothing in these Terms excludes or limits consumer rights that cannot legally be excluded.

SECTION 7 - INTELLECTUAL PROPERTY

The content available through our Services, including our branding, text, graphics, images, logos, website design and other materials, may be owned by Kohvella, Shopify, our suppliers, licensors or other third parties. You may use our website and its content for personal and non-commercial purposes only. You must not reproduce, distribute, modify, sell or commercially exploit protected content without permission from the relevant rights holder. Shopify's names, trademarks and logos remain the property of Shopify.

SECTION 8 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

Our Services may provide access to tools, applications or services operated by third parties. These services may include payment processors, fulfilment providers, shipping providers and other technology providers used to operate our store. Your use of third-party services may also be subject to the terms and policies of those providers. We are not responsible for third-party websites, services or content that we do not control, except where responsibility cannot legally be excluded.

SECTION 9 - THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties. We are not responsible for the accuracy, content, security or practices of third-party websites. Before purchasing products or providing information through a third-party website, you should review its applicable terms and privacy policies.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Kohvella is powered by Shopify, which enables us to provide the Services to you. However, purchases made through our store are transactions directly between you and Kohvella. Shopify is not the seller of the products purchased through our store and is not responsible for the sales transaction between you and Kohvella. Your use of Shopify-related services may also be subject to Shopify's applicable terms and policies.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is handled in accordance with our Privacy Policy. Certain personal information may also be collected and processed by Shopify in accordance with Shopify's Privacy Policy. By using our Services, you acknowledge that you have read and understood these privacy policies. Our store is hosted by Shopify, and as part of providing and improving the Services, Shopify may collect and process information relating to your access to and use of our store. Information you provide may also be shared with Shopify and other trusted third-party service providers, including providers located in countries outside your country of residence, where necessary to provide our Services. Please review our Privacy Policy for more information about how we, Shopify and our service providers collect, use, store and process your personal information.

SECTION 12 - CUSTOMER REVIEWS AND FEEDBACK

If you submit reviews, feedback, photographs, suggestions or other content to us, you confirm that you have the right to provide that content. You must not submit unlawful, abusive, misleading, defamatory, infringing or malicious content. Where permitted by law and subject to applicable privacy requirements, you grant us permission to use feedback or reviews submitted to us for purposes including operating and promoting our Services.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain errors or inaccuracies relating to product descriptions, prices, promotions, availability, shipping charges or delivery estimates. Where permitted by law, we reserve the right to correct errors, update information or cancel affected orders. If an order is affected by a significant error, we will take reasonable steps to contact you and provide an appropriate resolution.

SECTION 14 - PROHIBITED USES

You may only use our Services for lawful purposes.

You must not use our Services to:

• Violate applicable laws or regulations.
• Infringe intellectual property or privacy rights.
• Submit false, misleading or fraudulent information.
• Harass, threaten or harm another person.
• Distribute viruses, malware or harmful code.
• Attempt to interfere with the security or operation of our website.
• Collect customer or user information without authorisation.
• Engage in fraudulent purchases or payment activity.
• Use our Services for any unlawful or malicious purpose.

We may restrict or terminate access to our Services where these Terms are seriously violated.

SECTION 15 - TERMINATION

We may suspend or terminate access to our Services where reasonably necessary, including where these Terms have been violated, fraudulent activity is suspected or continued access may harm our store, customers or service providers. Obligations that reasonably need to continue after termination will remain in effect.

SECTION 16 - WARRANTIES AND CONSUMER RIGHTS

We aim to provide accurate information and quality products and services. However, to the extent permitted by law, we do not guarantee that our website will always operate without interruption or errors. Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot legally be excluded under applicable consumer protection laws. For Australian customers, this includes rights that may apply under the Australian Consumer Law.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Kohvella will not be liable for indirect, incidental, special or consequential losses arising from the use of our Services. This limitation does not apply where liability cannot legally be excluded or limited, including rights and remedies available under applicable consumer protection laws.

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to be responsible for losses or claims resulting from your unlawful use of our Services, your material breach of these Terms or your violation of another person's rights. Nothing in this section limits rights or protections that cannot legally be excluded.

SECTION 19 - SEVERABILITY

If any part of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue to apply.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

If we do not immediately enforce a provision of these Terms, this does not mean we have waived our right to enforce it later. These Terms and the policies referenced within them form the agreement governing your use of our Services.

SECTION 21 - ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior consent where consent is legally required. We may transfer our rights and obligations where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms are governed by the applicable laws of Victoria, Australia, subject to any mandatory consumer protection laws or other legal rights that apply based on your location. Nothing in this section limits any rights you may have under applicable consumer protection legislation.

SECTION 23 - CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations. The latest version will be made available through our website. Where required by applicable law, we will provide appropriate notice of material changes. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms, to the extent permitted by law.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service or your order can be sent to:

Kohvella Customer Support
Email: support.kohvella@gmail.com

For returns, please contact us before sending any products. Return instructions will be provided for approved returns in accordance with our Return & Refund Policy.