Terms of service

GENERAL

1. The CultKa website and online store, located at www.cultka.com(Website), is owned, controlled and operated by CultKa Pty Ltd (ABN 91 642 284 820) t/as CultKa.
2. As a condition of using and/or purchasing from the Website, you agree to the following terms and conditions (Terms) and to be legally bound thereby.
3. If you do not agree with the Terms, you should stop using the Website.
4. CultKa has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use and/or purchase from the Website you agree to be governed by the Terms as varied from time to time.

 ORDERING, PRICING & SHIPPING

1. To purchase products via the Website, you must possess a valid credit or debit card issued by a bank acceptable to Us. We use Shopify, a third party payment processor, to process all credit card payments and do not collect or record any credit card details provided by you when making purchases via the Website.
2. By placing an order via the Website (Order), you are offering to purchase the products on and subject to these Terms. You agree that We have the right to accept or reject an Order for any reason at any time, and all Orders are subject to availability of the products.
3. An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to your Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with Our approval.
4. Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change pricing at our discretion and without notice. Unless otherwise stated, all prices are in Australian Dollars and are inclusive of GST.
5. Any period or date given by Us for the shipping of an order is intended as an estimate only and may be subject to change. We take no responsibility for any loss suffered by you where an Order is not delivered within the estimated time frames.

 AUSTRALIAN CONSUMER LAW

1. Our goods and services come with Consumer Guarantees under the Australian Consumer Law, which cannot be excluded by these Terms.  Nothing in these Terms shall override your rights as a Consumer or otherwise at law.

 RISK

1. Title in the products comprising an Order/s is retained by Us and will not pass to you until full payment in cleared funds are received by Us.
2. To the extent permitted by law, all risk of loss or damage to the product passes to you when the Order is delivered to you at your nominated delivery address.
3. It is your responsibility to inspect all products on delivery. Any damage must be noted on the delivery docket presented to you by the courier for signature. If you believe that your Order has been lost or damaged in transit, please contact hello@cultka.com. Notification and images of any damage or missing goods is required to be sent to us by email within 24 hours of delivery. Subject to clause 10 and to the extent permitted by law, We will not be responsible for any damage unless we are notified within the time period specified.
4. Please note that We do not provide refunds for ‘change of mind’. Subject to the clause 10, all sales via the Website are final and binding unless We agree otherwise.

  INTELLECTUAL PROPERTY

1. CultKa is a trade mark of CultKa Pty Ltd. Other product and company names displayed on the Website may also be trade marks of their respective owners.
2. You may download, view, copy and print any Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited. You must obtain Our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of the Website or Content for any other purpose.

 THIRD PARTY LINKS

1. The Website may include links to third party websites, over which We have no control. Such links do not indicate, expressly or impliedly, any endorsement by Us of the third party website or the products and services provided thereon. You agree that We are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

 LIMITATION OF LIABLITY

1. Subject to clause 10, without overriding any Consumer Guarantees and to the extent permitted by law, CultKa:
   1. does not make any representations, warranties or guarantees in relation to the supply of goods and services by CultKa via the Website; and
   2. hereby disclaims all liability in connection with any loss and/or damage arising out of or in connection with any use of, or reliance on, the Website.

 INDEMNITY

1. You agree to indemnify and hold CultKa (and its offers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by you due to or arising out of, or in any way, connected to you breaching the Terms.

 GOVERNING LAW

1. The Terms are governed by and are to be construed in accordance with the laws of the State of Queensland, Australia and you agree that the courts of the State of Queensland, Australia shall exclusively adjudicate over any dispute in relation to these Terms.

 

For more information about our Shipping policy, please click here.

 PROMOTION - TERMS & CONDITION

General

1. Promotion Name: $500 CULTKĀ Credit Social Media Giveaway (“The Promotion”)
2. Promoter: Cultka Pty Ltd (ABN 91 642 284 820)
3. Website: https://cultka.com/
4. By participating in the Promotion, you will be deemed to have accepted these terms and conditions.

Disclaimer of Liability

1. The Promoter is in no way liable for any loss suffered to person or property by reason of any act or omission, deliberate or negligent, by the Promoter or its employees or agents, in connection with the arrangement for the supply of goods by any person to the prize winner. The Promoter does not accept responsibility for late, lost or misdirected entries or entries not received by the Promoter.
2. The Promoter accepts no responsibility for any breach of contract or any infringement or other violation of copyright or any other intellectual property rights or proprietary rights through the acceptance of entries into this Promotion and each entrant takes full responsibility for any such claims made in relation to their entry.
3. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid.
4. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries.
5. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

Entry

1. Promotional Period: The Promotion starts at 9:00am 5th August 2022 and closes at 5:00pm 29th September 2022. All times are Brisbane Australia times. The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid. Late entries will not be considered.
2. Entry Restrictions: Entry is open to current residents of Australia who are aged 18 years and over at the time the Promotion starts, who fulfil the entry requirements and are able to take the prize on the specified dates.
3. Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.
4. Entry Method: To enter, entrants must during the Promotional Period: Follow CULTKĀ on Instagram, publish up to 2 posts on Instagram which features at least one CULTKĀ product, tag @cultkastudio in the post and use the hashtag #wearecultka. One post is equal to one entry in the competition.

1. Maximum Entries: An Entrant may only enter the competition two times per Instagram account.
2. To protect the integrity of the competition, the Promoter reserves the right, at its sole discretion, to verify, at any time (including after the closing of the Promotion) the validity of all entries (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits invalid, incomplete, indecipherable, or illegible entries or tampers with the entry process or uses any automated entry software or any other mechanical or electronic means to submit repeated entries.
3. Entries must be received by the Promoter during the Promotion Period. Entries are deemed to be received when published on the competition post. The Promoter is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by an entrant or occurring during transmission. The Promoter is not responsible for any technical problems or other malfunctions which may occur in relation to internet, network or network congestion, including problems with the transmission of entries or injury or damage to a participant or their computer related to entry in the Promotion.
4. Information on how to enter and prizes form part of these terms and conditions. Any entry not complying with these terms and conditions is invalid. If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.

Prize details

1. Number of Prizes Available: 1
2. There will be 1 major prize winner.
3. The major prize pack includes: a $500 CULTKĀ credit to spend online.
4. Approximate Value of the Major Prize Pack: $5oo RRP. 
5. Conditions of Prize: As per conditions of entry. Prizes are not transferable and cannot be converted to cash. Prize has no cash value. If there are any taxes in respect of the prize then they will be included as part of the prize.
6. Prize Winner Notification: Prize winners will be notified via Instagram.
7. Prize Delivery: Prize must be redeemed within 6 month from the date of the prize draw. 

Selecting Winners

1. One winner will be selected at random using a random number generator. 
2. All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard.
3. Unclaimed Prizes: If prize is unclaimed by the Prize Claim Date and Time, the winner’s entry will be deemed invalid and the Promoter reserves the right to award the relevant prize to another randomly selected winner.