Terms of service

TERMS OF SERVICE

Last updated: 16 August 2026

OVERVIEW

Welcome to Kay & Willow.

The terms “we”, “us” and “our” refer to Kay & Willow. Kay & Willow operates this website and online store, including all related information, content, features, tools, products and services provided to you (collectively, the “Services”).

Our store is hosted by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when accessing or using our Services.

By visiting, interacting with or using our Services, including purchasing a product from us, you agree to be bound by these Terms of Service and our Privacy Policy, available at:

https://www.kayandwillow.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNTS

By using the Services, you confirm that you are at least the age of majority in your state, territory, province or country of residence, or that you have given consent for any minor dependants to use the Services on a device you own or manage.

To browse our store or purchase products, you may be required to provide information including your name, email address, billing information, payment information and shipping address.

You agree that the information you provide is accurate, current and complete and that you have the right to provide it.

If you create a customer account, you are responsible for maintaining the confidentiality and security of your login details and for activity conducted through your account. You must not transfer, sell or assign your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to display and describe our products accurately. However, colours and product appearance may vary slightly depending on your device, screen settings, lighting and the natural characteristics of the product or materials.

Minor variations that do not materially affect the product’s quality, purpose or description will not necessarily mean that the product is faulty or not as described.

Nothing in these Terms excludes your rights where a product is faulty, unsafe, materially different from its description or otherwise fails to meet a consumer guarantee under the Australian Consumer Law.

We may update product descriptions, specifications, prices or availability where reasonably necessary. We may also discontinue a product or limit the quantity available to an individual, household, geographic region or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase the products in your cart.

Your order is not accepted until we have successfully processed your payment and sent you an order confirmation. An automated acknowledgement does not require us to accept an order where there is a genuine pricing error, stock error, suspected fraud or other reasonable basis for declining it.

We reserve the right to accept, decline or limit an order where reasonably necessary. This may include circumstances involving:

  • incorrect pricing or product information;

  • insufficient stock;

  • suspected fraud or unauthorised payment;

  • suspected commercial resale;

  • shipping restrictions; or

  • an error affecting our ability to fulfil the order.

If we decline or cancel an order after payment has been received, we will notify you using the contact details provided with the order and refund the affected amount.

Please review your product selection, quantity, delivery address and contact details carefully before submitting an order.

Returns, exchanges and refunds are handled in accordance with our Refund Policy and your rights under the Australian Consumer Law. Our Refund Policy is available at:

https://www.kayandwillow.com/policies/refund-policy

Products purchased from Kay & Willow must not be resold commercially without our prior written permission.

SECTION 4 – ORDER CANCELLATIONS AND CHANGES

You may request to cancel your order at any time before it has been dispatched.

To request a cancellation or change, contact us as soon as possible at hello@kayandwillow.com and include your order number.

If your order has not been dispatched, we will cancel it and refund the amount paid to your original payment method. Refund processing times may depend on your bank or payment provider.

Once an order has been dispatched, it cannot be cancelled or changed. You may still have rights under our Refund Policy and the Australian Consumer Law.

We cannot guarantee that we will be able to change a delivery address after an order has been placed. You are responsible for providing a complete and accurate delivery address.

SECTION 5 – PRICES AND PAYMENT

All prices are displayed in Australian dollars unless another currency is expressly shown.

Australian prices include applicable Australian taxes unless otherwise stated. Shipping charges are calculated and displayed at checkout before you complete your purchase.

International customers are responsible for customs duties, import taxes, tariffs, handling fees or other charges imposed by their destination country. These charges are not included in the product or shipping price unless expressly stated at checkout.

Prices, discounts and promotions may change without notice. The price charged will be the price displayed when your order is placed and will appear in your order confirmation.

Promotions may be subject to additional terms. If specific promotion terms conflict with these Terms, the specific promotion terms will apply to that promotion.

You agree to provide current, complete and accurate payment, billing and account information. You confirm that you are authorised to use the selected payment method and agree to pay all amounts displayed at checkout.

Payments may be processed by Shopify or third-party payment providers. Your use of a third-party payment method may also be subject to that provider’s terms and privacy policy.

SECTION 6 – SHIPPING AND DELIVERY

Shipping options, charges and estimated delivery timeframes are displayed at checkout where available.

Delivery timeframes are estimates only and may be affected by carrier delays, customs processing, weather, peak periods, incorrect delivery information or other events outside our reasonable control.

We will provide clear and accurate information about expected dispatch and delivery timeframes where reasonably possible.

You are responsible for providing a complete and accurate delivery address. Please contact us immediately if you notice an error. We cannot guarantee that an address can be changed after an order has been processed or dispatched.

For international orders, customs authorities may delay, inspect or hold a shipment. Kay & Willow does not control customs processing or charges imposed by the destination country.

If your order is significantly delayed, lost or arrives damaged, contact us at hello@kayandwillow.com so we can investigate and provide an appropriate solution.

Nothing in this section excludes or limits any rights you have under the Australian Consumer Law or other applicable laws.

SECTION 7 – PRODUCT USE AND SAFETY

You must read and follow all instructions, warnings and safety information supplied with our products.

Our products should be used by a responsible adult. Children and babies should not be left unattended with product packaging, wipes or other components.

Avoid contact with eyes and mouth. Discontinue use if irritation or an unexpected reaction occurs and seek appropriate medical advice if required.

Products must only be used for their intended purpose. Nothing in this section excludes liability that cannot lawfully be excluded.

SECTION 8 – INTELLECTUAL PROPERTY

The Services and their contents, including our business name, logos, text, product designs, photographs, graphics, videos, audio, website design and arrangement, are owned by or licensed to Kay & Willow and are protected by Australian and applicable international intellectual property laws.

You may access and use the Services for personal, non-commercial purposes only.

Unless permitted by law or approved by us in writing, you must not reproduce, distribute, modify, republish, publicly display, commercially exploit or create derivative works from any part of the Services.

Nothing in these Terms grants you ownership of or a licence to use the intellectual property of Kay & Willow, Shopify or any third party except for the limited personal use expressly permitted by these Terms.

“Kay & Willow” and its associated names, logos, designs and branding must not be used without our prior written permission.

Shopify’s names, logos, products and services are trademarks of Shopify. Other names, logos and trademarks appearing through the Services belong to their respective owners.

SECTION 9 – THIRD-PARTY LINKS AND SERVICES

The Services may contain links to or functionality provided by third parties, including payment providers, social media platforms, delivery providers and other external services.

We do not control third-party websites or services and are not responsible for their content, availability, accuracy, security or privacy practices.

If you access or use a third-party website or service, you do so subject to that provider’s own terms and policies.

Questions or complaints concerning a third party’s products or services should generally be directed to that third party. This does not affect any responsibility Kay & Willow has to you under the Australian Consumer Law.

SECTION 10 – RELATIONSHIP WITH SHOPIFY

Kay & Willow is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our store are made directly with Kay & Willow.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Kay & Willow, including any injury, damage or loss resulting from products purchased from Kay & Willow.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages and liabilities arising from or relating to your purchases and transactions with Kay & Willow.

SECTION 11 – PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy, available at:

https://www.kayandwillow.com/policies/privacy-policy

Certain personal information may also be processed in accordance with Shopify’s Privacy Policy, available at:

https://www.shopify.com/legal/privacy/app-users

Because our store is hosted by Shopify, Shopify collects and processes certain information about your access to and use of the Services.

Information you submit through the Services may be shared with Shopify and relevant third-party service providers, including providers located outside Australia, where required to process payments, fulfil orders, deliver products, operate our store or provide related services.

Please review our Privacy Policy for more information about how personal information is collected, used, stored and disclosed.

SECTION 12 – FEEDBACK, REVIEWS AND USER CONTENT

If you submit or publish a review, photograph, video, comment, suggestion or other content relating to Kay & Willow or our products (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display, adapt and share that Feedback for the purpose of operating, improving and promoting Kay & Willow and our products.

This licence does not transfer ownership of your Feedback to us.

You confirm that:

  • you created the Feedback or have permission to submit it;

  • our permitted use will not infringe another person’s rights;

  • you have disclosed any payment, free product, discount or other incentive received in connection with the Feedback; and

  • the Feedback is accurate and not unlawful, misleading, abusive, defamatory, obscene or harmful.

We may moderate or remove Feedback that we reasonably believe violates these Terms or applicable law.

We are not required to keep Feedback confidential, pay compensation for unsolicited Feedback or respond to it, except where we have separately agreed otherwise.

SECTION 13 – ERRORS, INACCURACIES AND AVAILABILITY

Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates or availability.

We may correct genuine errors, inaccuracies or omissions and update information where reasonably necessary.

If an error affects an order you have already placed, we will contact you as soon as reasonably possible. If we cancel an order because of an error, unavailability or incorrect pricing, we will provide a full refund of the affected amount.

Nothing in this section permits us to avoid obligations that cannot lawfully be excluded.

SECTION 14 – PROHIBITED USES

You may only use the Services for lawful purposes.

You must not use the Services:

  • for an unlawful, fraudulent or malicious purpose;

  • in a way that violates applicable laws or regulations;

  • to infringe our intellectual property rights or the rights of another person;

  • to harass, abuse, threaten, defame or harm another person;

  • to submit false or misleading information;

  • to transmit spam, malicious code, viruses or harmful material;

  • to impersonate another person or misrepresent your identity;

  • to collect or track another person’s personal information without authority;

  • to scrape, extract or collect content or data using automated tools without our permission;

  • to interfere with the security or operation of the Services; or

  • to bypass measures used to control or restrict access to the Services.

We may restrict or terminate access to the Services if we reasonably believe these Terms have been breached.

SECTION 15 – TERMINATION

You may stop using the Services at any time.

We may suspend or terminate your access to all or part of the Services if you materially breach these Terms, use the Services unlawfully or create a genuine security or operational risk.

Termination does not affect rights or obligations that arose before termination.

Sections concerning intellectual property, Feedback, liability, indemnity, governing law and any other provisions intended by their nature to continue will survive termination.

SECTION 16 – AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy provided by the Australian Consumer Law or another law that cannot lawfully be excluded.

Our Refund Policy applies in addition to, and does not replace or limit, these rights.

SECTION 17 – WEBSITE AVAILABILITY AND WARRANTIES

The information available through the Services is provided for general informational purposes.

We make reasonable efforts to keep website information accurate and current but do not guarantee that access to the website will always be uninterrupted, secure or error-free.

To the fullest extent permitted by law and subject to your rights under the Australian Consumer Law, the Services are provided on an “as available” basis.

Nothing in this section excludes a warranty, guarantee or condition that cannot lawfully be excluded.

SECTION 18 – LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

To the fullest extent permitted by law, Kay & Willow will not be liable for indirect or consequential loss arising from your use of the website where that loss was not reasonably foreseeable.

This limitation does not apply to loss caused by our negligence, breach of law or failure to comply with an applicable consumer guarantee.

SECTION 19 – INDEMNITY

You are responsible for losses reasonably incurred by Kay & Willow as a direct result of your unlawful use of the Services, deliberate breach of these Terms or infringement of another person’s intellectual property rights.

This section does not require you to compensate us for loss caused by our own acts, omissions, negligence or breach of law.

SECTION 20 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue to operate.

SECTION 21 – WAIVER AND ENTIRE AGREEMENT

If we do not immediately exercise or enforce a right under these Terms, that does not mean we have waived that right.

These Terms and the policies referenced in them form the agreement between you and Kay & Willow concerning your use of the Services and purchases from our store.

Nothing in this section excludes representations, rights or remedies that cannot lawfully be excluded.

SECTION 22 – ASSIGNMENT

You must not transfer your rights or obligations under these Terms without our prior written consent.

We may transfer our rights or obligations under these Terms as part of a genuine sale, transfer or restructuring of Kay & Willow, provided that doing so does not reduce any rights you have under applicable law.

SECTION 23 – GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia.

You and Kay & Willow submit to the jurisdiction of the courts of Victoria and any courts entitled to hear appeals from them.

Nothing in this section limits any rights you may have under applicable consumer laws in another state, territory or jurisdiction.

SECTION 24 – HEADINGS

Headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 25 – CHANGES TO THESE TERMS

You can review the current version of these Terms on this page at any time.

We may update these Terms by publishing the revised version on our website. Where required by law, we will provide reasonable notice of material changes.

Changes will apply from the effective date shown in the revised Terms. Changes will not retrospectively remove rights relating to an order placed before the updated Terms took effect.

Your continued use of the Services after updated Terms take effect constitutes acceptance of those changes.

SECTION 26 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Kay & Willow
Email: hello@kayandwillow.com
Location: Berwick, Victoria 3806, Australia