Terms and Conditions

1. General & Disclaimer

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1.1. In these Terms & Conditions ("T&Cs"), "We", "Us", "Our", or "Kappa”, “Kappa Australia” means BRZ Apparel Pty Ltd (ABN 45153991514), its subsidiaries and associates (unless otherwise stated).

1.2. This website and our online store (our "Website") are operated BRZ Apparel Pty Ltd.

1.3. The Website is a channel for customers to place orders for products available for purchase.

1.4. We will not be liable if, for any reason, the Website is unavailable at any time or for any period. We reserve the right to limit or restrict access to the Website.

2. Content on the Site

2.1. All content featured or displayed on the Site, including but not limited to logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations, and software (collectively, "Content") is owned by Basic Net SpA or its affiliated companies, licensors, and/or content providers.

2.2. The Site, including its general design and Content, is protected by copyright, moral rights, trademarks, and other intellectual property rights.

2.3. No portion or element of the Site or its Content may be copied, reproduced, or retransmitted in any form without explicit permission, except as permitted by applicable copyright laws or these T&Cs.

3. Copyright and Trademarks

3.1. The copyright in all Content remains owned by Basic Net SpA or its affiliated companies, licensors, or content providers as appropriate.

3.2. Users are authorized to view, print, and download Content for personal, informational, and non-commercial purposes only, unless otherwise indicated or authorized.

3.3. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content without prior consent.

3.4. All trademarks, service marks, logos, and trade names appearing on the Site remain the exclusive property of Basic Net SpA or its affiliated companies or licensors and are protected by applicable trademark laws and treaties.

4. Account Creation and Security

4.1. Users may be required to create an account to access certain features of the Website. By creating an account, you agree to provide accurate, current, and complete information.

4.2. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.

4.3. Kappa Australia reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

5. Payments and Pricing

5.1. All prices listed on the Website are in Australian Dollars (AUD) and include GST where applicable.

5.2. We accept payment via [Visa, Mastercard, PayPal].

5.3. Payment is due at the time of order placement. Your order will not be processed until payment is received in full.

5.4. Kappa Australia reserves the right to change prices at any time without notice.

5.5. Refunds may be issued in accordance with our Returns Policy and Australian Consumer Law.

5.6. Refunds will be processed using the original payment method, unless otherwise agreed.

6. Shipping and Delivery

Shipping Policy

6.1. Kappa Australia ships to Australia.

6.2. Shipping costs are calculated at checkout based on the delivery address and selected shipping method.

6.3. Estimated delivery times are provided at checkout but are not guaranteed. Kappa Australia is not responsible for delays outside our control.

6.4. Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.

7. Returns and Exchanges

7.1. Customers may return unused, unworn items in original condition within 30 days of purchase for a full refund.

7.2 We do not offer refunds on clearance items, unless the item is faulty.

7.3. Certain items, including facemasks, swimwear, hats, socks, caps, undergarments, drink bottles, glasses and goggles unless they are faulty or not fit for purposes, are not eligible for return or exchange unless faulty.

7.4. For faulty items, Kappa Australia will cover the cost of return shipping and provide a replacement, repair, or refund as appropriate.

8. Disclaimer of Warranties

8.1. The Site and Content are provided 'as is' and without warranties of any kind, except as required by law.

8.2. Kappa Australia does not warrant that the information and/or facilities on the Site are accurate, complete, current, uninterrupted, or error-free.

9. Limitation of Liability

9.1. Your use of the Site is at your own risk.

9.2. To the maximum extent permitted by law, Kappa Australia limits its liability for breach of implied conditions or warranties to the resupply of services or the cost of resupplying services (for services) and the repair, replacement, or cost of repair or replacement (for goods).

9.3. Kappa Australia will not be liable for any direct, indirect, special, consequential, or other loss or damage resulting from the use of, or inability to use, the Site or its Content.

10. Dispute Resolution

Dispute Resolution Process

10.1. In the event of any dispute arising from these Terms or your use of the Website, we encourage you to contact our customer service team (customer@kappa.com.au) first to seek a resolution.

10.2. If the dispute cannot be resolved through customer service, either party may initiate mediation or arbitration in Victoria, Australia.

10.3. Nothing in this clause prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction.

11. Age Restrictions

11.1. You must be at least 18 years old to create an account or make purchases on the Website.

11.2. If you are under 18, you may only use the Website with the involvement and consent of a parent or legal guardian.

12. Links to Third Parties

12.1. The Site may contain links to third-party websites, which are beyond our control. We are not responsible for the content or activities of these sites.

13. Misuse of the Site

13.1. Users are prohibited from posting or transmitting any content that infringes third-party rights, is threatening, false, defamatory, obscene, or illegal.

13.2. Kappa Australia may deny access to the Site at its discretion, including situations where use of the Site breaches these T&Cs or applicable laws.

14. User Generated Content

14.1. Users grant Kappa Australia a non-exclusive, worldwide, transferable, royalty-free, perpetual right to use any user-generated content in any manner or media.

14.2. Users are responsible for ensuring their user-generated content does not infringe third-party rights or contain defamatory statements.

15. Termination Clause

15.1. Kappa Australia reserves the right to terminate or suspend your account and access to the Website at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

15.2. Upon termination, your right to use the Website will immediately cease.

15.3. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Force Majeure

16.1. Kappa Australia shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond its reasonable control ("Force Majeure Event").

16.2. Force Majeure Events include, but are not limited to, acts of God, natural disasters, pandemic or epidemic, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, severe weather conditions, strike, industrial action, or internet or communications service disruptions.

16.3. If a Force Majeure Event continues for more than 30 days, either party may terminate this agreement by giving 14 days written notice to the other party.

17. Changes to the Terms

17.1. Kappa Australia reserves the right to modify these T&Cs at any time. Continued use of the Site following changes constitutes acceptance of the modified T&Cs.

18. Data Protection

18.1. For details on data collection, use, and disclosure, please refer to our Privacy Policy and Cookie Policy, which form part of these T&Cs.

19. Applicable Law and Jurisdiction

19.1. These T&Cs shall be governed by the laws of Victoria, Australia, and users submit to the non-exclusive jurisdiction of the courts of Victoria.