Terms of Service – Kogarnish
Welcome to Kogarnish. By accessing or using our website, www.kogarnish.com, and purchasing our products, you agree to abide by these Terms of Service (Terms). Please read them carefully. If you do not agree with any part of these Terms, please do not use our website or services.
1. General Information
These Terms of Service apply to all visitors, customers, and other users of our website. Kogarnish reserves the right to update or modify these Terms at any time without prior notice. By continuing to use our site, you agree to be bound by the updated Terms.
2. Eligibility
By using our website and services, you confirm that you are at least 18 years of age or have received permission from a legal guardian. Kogarnish does not knowingly sell products to minors without guardian consent.
3. Orders and Payment
Order Acceptance: All orders are subject to acceptance by Kogarnish. We reserve the right to refuse or cancel any order at our discretion.
Pricing: Prices listed on our website are in Australian Dollars (AUD) and include GST unless stated otherwise. We reserve the right to change prices at any time.
Payment: Payment must be received in full before we process and ship your order. We accept major credit cards, PayPal, and other payment methods as displayed at checkout.
Order Confirmation: You will receive an order confirmation email after placing an order. If you do not receive it, please check your spam folder or contact us at sales@kogarnish.com.
4. Shipping and Delivery
Please review our Shipping Policy for detailed information on costs, methods, and delivery times. Kogarnish is not responsible for delivery delays beyond our control (e.g., postal strikes, extreme weather, or carrier delays).
5. Refund and Return Policy
We comply with the Australian Consumer Law regarding refunds for defective or misdescribed products. Due to the perishable nature of food items and hygiene regulations, we do not offer returns or refunds for “change of mind” once a product has been opened or the seal is broken.
6. Intellectual Property & Brand Independence
All content on our website is the property of Kogarnish or its licensors.
Third-Party Trademarks: Kogarnish is an independent re-packer of authentic branded confectionery (such as Skittles®, Jolly Rancher®, etc.). We are not affiliated with, sponsored by, or endorsed by the original manufacturers (e.g., Mars Inc., The Hershey Company).
Trademarks: All trademarks, logos, and brand names are the property of their respective owners. Our use of these names is strictly for descriptive purposes to identify the original product used as an ingredient in our unique freeze-drying process.
7. Product Nature and Quality
Fragility: You acknowledge that freeze-dried products are extremely fragile. While we use protective packaging, some breakage or “candy dust” may occur during transit. This is a natural characteristic of freeze-dried items and does not constitute a defective product.
Storage: Products must be stored in a cool, dry place and kept tightly sealed. Exposure to moisture or heat will cause the product to lose its “crunch.” Kogarnish is not liable for products degraded due to improper storage after opening.
Ingredient Accuracy: Ingredients and nutritional info are based on the original manufacturer’s packaging. Kogarnish is not responsible for recipe changes or labeling inaccuracies by the original manufacturers.
8. Limitation of Liability
To the fullest extent permitted by law:
Kogarnish shall not be liable for any indirect, incidental, or consequential damages arising from the use of our products.
Our liability for direct damages is limited to the purchase price of the product.
Consumption Safety: Freeze-dried candy can be brittle. Please consume with care. Small pieces may pose a choking hazard; supervision is recommended for children.
9. Indemnification
You agree to indemnify and hold harmless Kogarnish, its directors, and affiliates from any claims or expenses (including legal fees) arising from your use of the site or violation of these Terms.
10. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts in New South Wales.
11. Contact Information
For any questions regarding these Terms, please contact us:
Email: sales@kogarnish.com
Address: 411 Gardeners Road, Rosebery, NSW 2018, Australia