Terms Of Use

COPYRIGHT INFORMATION

Coach Stores Australia Pty Ltd (ABN 48 622 183 224) (hereinafter, “KS Australia”) owns https://katespade.com.au (“the Site”). KS Australia owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Site (the "Code"). You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of KS Australia. All names, logos and trademarks which appear on the Site are the property of KS Australia or are used by KS Australia under license.

USE OF THE SITE

These Terms of Use governs the Site. By using the Site, you expressly accept and agree to abide by all provisions set forth herein. Do not use the Site if you do not accept and agree to the Terms of Use. Unless otherwise referenced herein, any reference to "KS Australia" shall include Coach Stores Australia Pty Ltd and all of its affiliates. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and KS Australia asks that you do not to use the Site . You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.

KS Australia may at any time revise the Terms of Use by updating this page. You are bound by any revisions and should periodically visit this page to review the current terms of Use.

You also may be subject to additional terms of Use that are applicable to certain parts of the Site. KS Australia may terminate the Terms of Use and deny you access to the Site at any time, immediately and without notice, if in KS Australia's sole discretion you fail to comply with any provision of these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between KS Australia and you as a result of this Agreement or your use of the Site.

The failure of KS Australia to exercise or enforce any right or provision of these terms of Use shall not constitute a waiver of such right or provision.

NO LICENSE

Except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of KS Australia.

USE OF INFORMATION SUBMITTED BY YOU

NOTE: THIS SECTION DOES NOT APPLY TO PERSONAL DATA SUPPLIED BY YOU TO THE SITE, SUCH AS YOUR NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND THE LIKE. PLEASE SEE OUR PRIVACY POLICY STATEMENT FOR INFORMATION REGARDING OUR TREATMENT OF PERSONAL DATA.

If you respond to KS Australia with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed to constitute the property of KS Australia, and your submission of information shall be an assignment to KS Australia of all worldwide rights, titles and interests in such information. KS Australia will not be liable for any use or disclosure of such information. KS Australia will not have any obligations to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. KS Australia will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing,

PRODUCT AND PRICING INFORMATION

The information on this Site does not constitute a binding offer to sell products described on the Site. KS Australia reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Subject to the foregoing, the prices displayed are quoted in Australian dollars and are effective only for Australia purchases. Although KS Australia has made every effort to display the products and their colors as accurately as possible, the DISPLAYED colors of the products will depend upon the monitor of the user and KS Australia cannot guarantee that the user' s monitor will accurately portray the ACTUAL colors of the products. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

While KS Australia attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. KS Australia reserves the right to make corrections and changes to the Site at any time without notice. KS Australia does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to your use of the site. Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded by virtue of Australian legislation, KS Australia excludes all implied terms and warranties whether statutory or otherwise, with regards to the Site or the subject matter of these terms of Use. KS Australia does not warrant that the Site is free of computer viruses, bugs or other harmful components. KS Australia does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. KS Australia does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. KS Australia does not have any duty to update the Site or modify their Content or Code, and KS Australia shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on the Sites before relying upon it.

KS Australia makes no warranties of any kind regarding any non-KS Australia websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included for your convenience, and KS Australia makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-KS Australia sites.

Nothing in these terms of Use is intended to exclude, restrict or modify your consumer rights conferred by Australian legislation. To the fullest extent permitted by law, KS Australia's liability to you which cannot be excluded, is limited at the option of KS Australia to the following:

• resupplying goods or services to you or supplying equivalent goods;
• repairing the goods; or
• paying to have the goods or services resupplied or goods repaired.

SUBJECT TO ANY RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAW OR ANY OTHER LAWS THAT CANNOT BE EXCLUDED BY VIRTUE OF AUSTRALIAN LEGISLATION, IN NO EVENT SHALL KS AUSTRALIA, ITS AFFILIATES OF DEEC TORSP OR ENYTS, OFFICIALS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER OF KIND RESULTING FROM WHATEVER CAUSE, BUTLISS, INCLUDING PROVIDERS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR, PERFORMATION OF THE PERFORMATION OF THE THROU , THE SITE.

GIFT CARD DISCLAIMER

KS Australia reserves the right to refuse to send or transmit gift cards, including e-gift cards that contain vulgar, obscene, abusive, profane or otherwise offensive language.

ADDITIONAL DISCLAIMER

IN NO EVENT SHALL KS AUSTRALIA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS TOPERSON TOPERISOR OR DAY OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless KS Australia and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs arising, or resulting from your use of the Site and any violation of these terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. KS Australia reserves the right, at its own expense,

MINORS

Access to and use of the Site is targeted at people who can form legally binding agreements under applicable law. Persons under the age of 18 accessing the Site should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Site, you will be responsible for: (i) the online conduct of the Minor; (ii) monitoring the access to and use of the Site by the Minor; and (iii) the consequences of any use of the Site by the Minor.

SEVERABILITY

If any provision of the terms of use is unlawful, void or unenforceable, the remaining provisions of the provisions will remain in place.

DISPUTES

Any dispute relating in any way to these Terms of Use, your visit to the Site, or to any purchase, return or other transaction with the Site shall be submitted to arbitration in the State of New South Wales, Australia. However, if you have in any manner violated or threatened to violate any KS Australia Intellectual Property right, KS Australia may seek injunctive or other appropriate relief in any state or federal court in Australia. You consent to exclusive jurisdiction and venue of the State of New South Wales. Any arbitration under this agreement and these Terms of Use shall be conducted under the prevailing rules of the Australian Centre for International Commercial Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

ENTIRE AGREEMENT AND ADMISSIBILITY

The Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and KS Australia with respect to the subject matter of it and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A version of these terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PRE-ORDER

All pre-orders will be shipped from the date mentioned at checkout. If you purchase any additional items with your pre-order, they will ship together. In the unlikely case we are unable to fulfil your pre-order, you will be refunded. Payment will be taken upon placing the order. The items will then be processed for delivery once the pre-ordered product has arrived at our warehouse facilities. If unsuitable, you are eligible to return the item as agreed in our return policy. By placing a pre-order you are agreeing to these terms and conditions. Usual terms and conditions & shipping policy apply.

PROMOTIONS

From time to time Kate Spade may run promotions, sales and offers on Site which are subject to terms and conditions. Promotion specific terms may include conditions in respect of selected styles, purchase periods, purchase methods, minimum spend requirements, bundle discounts such as spend and saves, competitions and games of chance or skill. The promotion specific terms of our current offers will be detailed below.

You should ensure you read the specific conditions that apply to each promotion before completing your purchase or entering your details. By proceeding to purchase or submit your details you agree and the accept the terms of the applicable promotion(s).

From time to time Kate Spade may also undertake joint promotions with third party partners. You should refer to the terms of those programs for full details.

Promotional codes are valid for use online only, unless specified.

To redeem a promotional code, it must be entered at the cart stage of the order process. The discount amount is applied proportionately across each qualifying item purchased. Promotional codes cannot be added to completed or prior purchases, refunded or transferred, redeemed for cash or applied to any excluded items; as outlined under the specific terms of the offer. Exclusions do not count towards any applicable minimum order value. Promo codes are valid for Australian & New Zealand residents only. Promo codes cannot be used in conjunction with any other offer, cannot be used on gift cards or product care items. Kate Spade reserves the right to amend or withdraw any promo code offers and the terms and conditions at anytime.

Our Welcome, Birthday, Anniversary, Reviews and Purchase offers are valid on full priced items only. Please refer to your email for validity periods.

Winner for win a Dakota competition is Lisa Parsons 

Runner-up for win a Dakota competition is Belinda Brugman 

*Specialty: End of Season Sale - Up to 50% off

This offer is available on selected items for a limited time only, while stocks last. Offer valid at katespade.com.au from 5th Dec 2023 and in kate spade new york specialty shops from 6th Dec 2023 - 11:59PM AEDT 23rd Dec. Sale prices are as marked, no further discounts applied, cannot be combined with any other offer. Exclusions include gift-cards & product care. Further exclusions may apply.

*Specialty: Sign up & save

This offer is available on selected items for a limited time only, while stocks last. Offer valid at katespade.com.au from 5th Dec 2023 and in kate spade new york specialty shops from 6th Dec 2023 - 11:59PM AEDT 23rd Dec. Not valid in kate spade new york outlet shops, at department stores or any other online site. Code must be entered at checkout to redeem additional discount, cannot be combined with any other offer. No adjustments to prior purchases or to purchases made after the end of this promotion. Exclusions include gift-cards & product care. Further exclusions may apply.

*Outlet: 50% off storewide. Plus take a further 20%

This offer is available on Outlet styles only, while stocks last. Get an extra 20% off when you add one or more qualifying items. Qualifying items have already been reduced to 50% of original RRP, further discount will be automatically applied at the checkout. Outlet styles are those marked with an "Outlet" tag. Offer available for a limited time only. Offer valid at katespade.com.au and in kate spade new york outlet shops. Cannot be used in conjunction with any other offer, no further discounts apply. Offer ends 11:59PM AEDT 11th Dec 2023.

*Outlet: 50% off storewide. Plus take a further 10%

This offer is available on Outlet styles only, while stocks last. Get an extra 10% off when you add one or more qualifying items. Qualifying items have already been reduced to 50% of original RRP, further discount will be automatically applied at the checkout. Outlet styles are those marked with an "Outlet" tag. Offer available for a limited time only. Offer valid at katespade.com.au and in kate spade new york outlet shops. Cannot be used in conjunction with any other offer, no further discounts apply. Offer ends 4:49PM 21st Nov AEDT 2023.

*Outlet: 50% off storewide. Plus take a further 10%

This offer is available on Outlet styles only, while stocks last. Get an extra 10% off when you add one or more qualifying items. Qualifying items have already been reduced to 50% of original RRP, further discount will be automatically applied at the checkout. Outlet styles are those marked with an "Outlet" tag. Offer available for a limited time only. Offer valid at katespade.com.au and in kate spade new york outlet shops. Cannot be used in conjunction with any other offer, no further discounts apply. Offer ends 4:49PM 21st Nov AEDT 2023.

Black Friday Offers

*Specialty: 30% off storewide.

This offer is available on selected items for a limited time only, while stocks last. Offer valid at katespade.com.au and in kate spade new york specialty shops. Sale prices are as marked, no further discounts applied, cannot be combined with any other offer. Offer ends 11:59PM AEDT 27th November 2023. Exclusions include gift-cards & product care. Further exclusions may apply.

*Outlet: 60% off storewide.

This offer is available on Outlet styles only, while stocks last. Offer valid at katespade.com.au and in kate spade new york outlet shops. Qualifying items have already been reduced to 60% of original RRP, prices as marked. Outlet styles are those marked with an "Outlet" tag. Cannot be used in conjunction with any other offer, no further discounts apply. Offer ends 11:59PM AEDT 27th November 2023.

*Outlet: 40% off RRP, Buy 2 get 60% off RRP

This offer is available on Outlet styles only, while stocks last. Get 40% off the original marked price when you buy 1 qualifying item, get 60% off the original marked price when you buy two or more qualifying items. Qualifying items have already been reduced to 40% of original RRP, further discount will be automatically applied at the checkout. Outlet styles are those marked with an "Outlet" tag. Cannot be used in conjunction with any other offer, no further discounts apply. Offer ends 11:59PM AEDT 04/12/2023.

*Outlet: 50% off storewide. Plus take a further 10%

This offer is available on Outlet styles only, while stocks last. Get an extra 10% off when you add one or more qualifying items. Qualifying items have already been reduced to 50% of original RRP, further discount will be automatically applied at the checkout. Outlet styles are those marked with an "Outlet" tag. Offer available for a limited time only. Offer valid at katespade.com.au and in kate spade new york outlet shops. Cannot be used in conjunction with any other offer, no further discounts apply. Offer ends 4:49PM 21st Nov AEDT 2023.

*Outlet: 50% off storewide. Plus take a further 10% when you buy 2 or more

This offer is available on Outlet styles only, while stocks last. Get an extra 10% off when you add two or more qualifying items. Qualifying items have already been reduced to 50% of original RRP, further discount will be automatically applied at the checkout. Outlet styles are those marked with an "Outlet" tag. Offer available for a limited time only. Offer valid at katespade.com.au and in kate spade new york outlet shops. Cannot be used in conjunction with any other offer, no further discounts apply. Offer ends 11:59PM 14th Nov AEDT 2023.

*Outlet: 50% off storewide. Plus take a further 10-20% off.

This offer is available on Outlet styles only, while stocks last. Take a further 10% off the marked price when you buy 1 qualifying item, take a further 20% off the marked price when you buy two or more qualifying items. Qualifying items have already been reduced to 50% of original RRP, further discount will be automatically applied at the checkout. Outlet styles are those marked with an "Outlet" tag. Cannot be used in conjunction with any other offer, no further discounts apply. Offer ends 11:59PM AEDT 13/11/2023.