Terms and Conditions
This website is operated by David Kocsis ABN 68178246559. Throughout the site, the terms “we”, “us” and “our” and refer to David Kocsis ABN 68178246559. David Kocsis ABN 68178246559 offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
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 and Conditions. 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 and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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.
IMPORTANT INFORMATION BEFORE YOU ORDER
All orders are dispatched from our warehouse in Australia (this is our one and only location). All items imported into the EU, USA or global attract VAT, which is added by customs and paid on the receiver’s end, which is very normal. In some instances, international deliveries may be held up by customs, which we cannot accept liability for. Please be aware of this before making your purchase as this could delay your delivery.
We accept the following payment methods: Shopify Payment and credit card (Mastercard and Visa) or you can use ApplePay, GooglePay or PayPal. We reserve the right to cancel any order at our discretion. If your order is cancelled, we will notify you via email and a full refund will be processed using the original payment method received.
We cannot accept liability for delays in delivery due to unforeseen circumstances (e.g. natural disasters, strikes etc.) We offer express shipping as an option for international deliveries. We strongly recommend this option to ensure your order comes with tracking, as we cannot accept liability for items lost in transit.
All colours of garments are reproduced as accurately as possible, however, a slight variation may occur in colour and size specifications. Colours may appear slightly different via the website due to individual monitor settings.
Postage and handling costs are non-refundable and cannot be covered by us (unless goods are faulty or not as ordered). Duties/taxes for countries outside of Australia are also not covered by us.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While all care is taken, we do not guarantee the accuracy of our stock levels or articles. None of the products or advice is meant to be taken as that of a medical professional, and no treatments of medical conditions are endorsed or implied.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 -PAYMENT, DISCOUNTS, PROMOTIONAL PRICING AND BONUS POINTS
We accept the following payment methods: WIX Payment and credit card (Mastercard and Visa) or you can use ApplePay, GooglePay or PayPal. For security purposes, and your protection, we reserve the right to hold orders paid by credit card, pending verification.
Once you have placed an order, we send the transaction directly to the bank; your details are not shared with any third parties. To ensure safety and security when using your credit card to make purchases, our online system encrypts your details automatically. If you encounter any problems during the payment process, please contact us via email at email@example.com.
At David Kocsis, our pricing is correct and current as shown on our online store. Occasionally our pricing may change due to sales or special promotions, but these will also appear on the website during that time. Members may be offered special discounts on products from time to time. All prices of our products include GST within Australia and it is payable on all goods. Prices are shown in Australian dollars (AUD $), US dollars (USD $) or EURO (€). Your credit card will be billed in these currencies and your card provider will convert the charge to your local currency if required. We suggest you use a currency converter to get an estimate on what your order will be in your local currency. All prices for items on sale are only valid during the sale period and as such David Kocsis do not credit or refund a price difference for items purchased outside of that sale period. Items purchased on sale/special are non-refundable and cannot be exchanged or returned. All David Kocsis promotions/sales are subject to availability.
Promotional discount codes are not valid in conjunction with any other discount code or special pricing on the website.
Only one discount code can be used per order.
This includes promotional codes sent via email or on various social media platforms.
Eligibility of Bonus points program
We reserve the right at its sole discretion to modify, suspend or cancel the Bonus Points Program accounts, without notice for any conduct that we, in our sole discretion, believe is in violation of acceptable usage of our Bonus Points Program. We also reserve the right to revoke bonus points if we feel the participant has tried to abuse the Bonus Points Program in any way.
Privacy Limitation of Liability of Bonus points program
By entering into the Bonus Points Program, participants release and hold David Kocsis, any affiliated companies, and employees from any and all liability of any injuries, loss or damage of any kind arising from or in connection with this Bonus Points Program or acceptance or use of any points given. No responsibility is assumed for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Though the above causes are not exhaustive, and changes to the same can or will be made at the sole discretion of us as and when required without giving notice or any form of communication to Bonus Points Program members as individuals or groups.
Order Rewards of Bonus points program (in developing process)
One (1) reward point will be awarded to the Bonus Points Program member for every dollar spent on the product (minus any discounts are given). No reward points will be awarded for shipping costs. Bonus reward points will be awarded for orders a subtotal (not including tax/shipping, minus discounts).
Points Expiry of the Bonus points program
Bonus points awarded will expire 365 days after they were earned at www.davidkocsis.com. An email will be sent to notify you about expiring points unless you have chosen to opt-out of email communications.
General Conditions of Bonus points program
Please note, Bonus Points may take up to 24 hours to appear in your account.
The Bonus points program is not valid in conjunction with any other offer. This means if you have only discounted items in your cart, the points slider will not display. You must have at least one full-price item in your cart for the bonus points to work.
Website visitors who create a David Kocsis account will be entered automatically into Bonus Points Program. There is a limit of one (1) account per person. Bonus points cannot be exchanged for cash. Further, by accepting the bonus points, each Bonus Points Program member agrees to release and hold harmless David Kocsis, its licensees, affiliates, subsidiaries, merchant partners, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, use or misuse of the rewards discounts or participation in any Bonus Points Program-related activity.
This Bonus Points Program is void where prohibited by law. We reserve the right, at its sole discretion, to terminate the Bonus Points Program at any time without notice. In addition, we reserve the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of Bonus Points Program; to be in violation of the Terms and Conditions of the website, to be acting in violation of the sites Policies and Procedures; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry, methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the program at the actual time of entry will be deemed to be the user and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization, which is responsible for assigning email, addresses or the domain associated with the submitted email address. We will prosecute any fraudulent activities to the full extent of the law.
If you have any questions regarding these terms and conditions please contact us.
SECTION 6 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site place an order fill out a form subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information,
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Sites, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
We collect and use Users personal information for the following purposes:
To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.
To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To administer a content, promotion, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms and conditions. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
We will do our best to handle your personal data with care but if you believe we have not handled your personal data in accordance with the law, you have the right to lodge a complaint with the Information Commissioner’s Office.
You can ask us what personal data we hold about you at any time;
You can ask up to update and correct any out-of-date or incorrect information about you;
You can ask us not to send you future marketing communications; We will then do our best to suppress your data from all direct marketing, although we will still keep it for processing your order, fulfilling customer service, after-sale obligations, to enable us to comply with our legal obligations such as tax and audit obligations and to enforce or defend our legal rights;
You can ask us to stop any processing of your personal information that is likely to cause damage or distress to you or anyone else;
You can object to profiling without consent and you have the right to not have any significant decisions that will affect you taken solely by automated decision-making processes and the right to have the decision taken by such automated decision-making process reviewed by an individual at David Kocsis;
In certain circumstances you have the right to request that we erase your personal data, for example, if the data are no longer necessary for the purpose for which we requested and we will then do our best to suppress your data, although we will still keep it for processing your order, fulfilling customer service, after-sale obligations, to enable us to comply with our legal obligations such as tax and audit obligations and to enforce or defend our legal rights;
You can ask us to have your personal data provided to you by us in a structured, commonly used and machine-readable format and the right to have that data transmitted to another data controller;
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall David Kocsis, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless David Kocsis and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW, Australia.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Our customer service team operate between the hours of 8 am - 4 pm on Monday - Friday and we do not operate on weekends or public holidays.
Our customer service team will endeavour to respond to your online enquiry within 24-72 business hours (this does not include weekends and public holidays).
If you have any questions about this Term and Conditions, the practices of this site, or your dealings with this site, please contact us at: