Terms & Conditions

  • This online store is owned and operated by:
    Kester Black Operations Pty Ltd trading as Kester Black

    Registered in Australia:

    ACN 621 653 825

    3/59 Keele Street, Collingwood
    VIC, 3066 Australia
    P: +61 3 9078 2403
    E: hello@kesterblack.com

    Please read through our terms and conditions carefully before placing your order. Any references to Kester Black throughout this website should be taken as reference to Kester Black Operations Pty Ltd.

  • By visiting this website and/or placing an order you agree to be bound by the terms and conditions set out below. Please read our Privacy Policy which explains how we manage information provided by you.

  • Choosing nail polish colours online can be difficult. You may need to calibrate your monitor so the nail polish colours appear accurately represented. Our images are true to colour, however your screen may not be. Please also note that we do not exchange nail polish products for hygiene reasons.

  • We cannot guarantee our products will always be available on a continuous or uninterrupted basis. Whilst we endeavour to keep our stock levels up to date, there is a possibility the item you have ordered may be out of stock at the time of ordering. In this unlikely event, we will refund you immediately and do our best to offer you a replacement.

  • Purchases can be made by Visa and MasterCard credit cards, or via PayPal with our online payment facility.

    All prices are in Australian dollars (AUD). Prices listed on our website are correct at the time of publication, however, we reserve the right to alter prices for any reason.

    All transactions are settled in Australian dollars. If you are ordering from outside of Australia and your account details are held in a different currency, the order total will automatically be converted to Australian Dollars when you complete the transaction. The final charge to your credit card is made in Australian dollars and the conversion rate will be determined by your bank or card provider (who may also charge a small currency conversion fee). As such, we do not take responsibility if the final amount charged to your card differs slightly from the amount shown on the order receipt.

    Local import duties and taxes may apply in some countries when you receive your goods. These duties and taxes are the responsibility of the buyer or recipient.

  • Please choose your purchase carefully as all sales are final. For hygiene reasons, no returns or exchanges on any product are accepted unless the goods are faulty or the incorrect item has been shipped to you.

  • Our website includes copyright material, images, trademarks and registered trademarks which are the property of Kester Black or which we have the licence to use. This material may only be used for the purposes of browsing our website and purchasing products. Permission will need to be sought if images or information is to be printed, copied or repurposed for any reason.

  • To the maximum extent permitted by law, our liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at our option. Our exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity, even if we have been notified of the possibility of such loss or damage. You agree that our liability, if any, to you at law will be reduced by the extent, if any, to which you contributed to the loss.

  • Kester Black reserves the right to change or withdraw products without notice and amend prices at any time. Information contained throughout the web pages is believed to be accurate and reliable at the time of publishing, however there may be misprints, human errors, and omissions. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

  • We reserve the right to verify the validity of any promotional offer redeemed by you at any time. If we have reason to believe that there has been unauthorised use of a promotional offer or code, it is open to us to revoke the order and/or cancel your order at our discretion. Promotional offers cannot be used in conjunction with gift vouchers.

  • 1.This document sets out the terms of participation for the Ethical Giveaway.

    2. The promoter of the Competition is Kester Black Operations Pty Ltd, ACN: 621 653 825, whose registered office is at 3/59 Keele Street, Collingwood 3066

    Eligibility


    3. The competition is open to residents of Australia and aged 18 years or over. Employees of the Promoter and their immediate families and any organization or individual associated with the provision of the prize(s) are not eligible to enter. There is no entry fee and no purchase necessary to enter this competition.

    4. Each entry must be made in accordance with these Terms and Conditions. By entering the Competition, you agree to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.

    Term


    5. The Competition will open at 8AM AEST on 3rd Dec 2018 and will close at 23:59 AEST on 16th Dec 2018 (the Term). Winners will be announced on the Ethical Giveaway Instagram, and via email.

    How to Enter


    6. This Competition will be advertised online during the Term on a variety of websites, social media platforms (Instagram and Facebook) and email databases. To enter the competition you must, during the Term, either;

    (a) INSTAGRAM ENTRIES; Like the Competition post and follow instructions listed on the www.instagram.com/ethical_give... page.

    OR;

    (b) LANDING PAGE ENTRIES; Click on the post, advert, link or banner advertising the Competition. This advert will direct you to the landing page. Once you have arrived at the Landing Page, you must provide your full name and email address.

    7. Individuals that comply with paragraph 6 are Entrants.

    8. Entrants must be (and remain) subscribed to the respective mailing lists or social media pages of the Promoter and will receive regular offers from these entities (via email, Facebook or any other means either deems fit) at the time of the draw. The Promoter will disqualify from the Competition any Entrant who does not meet this requirement.

    9. An Entrant may enter this competition once on Instagram and also once on Landing Page (twice in total).

    Determining the Winner


    10. “Ethical Giveaway” winner will be determined by a random draw that will be drawn at the following time:

    4PM AEST on Monday 17th December 2018. Three entries will be drawn, and the winners will be the Entrants whose entry is drawn.

    11. Draw will take place at 3/59 Keele St, Collingwood 3066 VIC. Winners will be notified by email and will also be announced on @ethical_giveaway Instagram page by:

    4PM AEST Monday 17th of December 2018.

    12. The Promoter will deliver each prize of “Ethical Giveaway” to the winner within 28 days of the draw.

    13. The Judges’ decision is final and no correspondence will be entered into.

    14. Prizes are not transferable or exchangeable and cannot be taken as cash unless otherwise stated.

    15. The Promoter will take all reasonable steps to deliver the prize to the prize winner. If a prize cannot be delivered, the Promoter will conduct an unclaimed prize draw at:

    5PM AEST Monday 7th January 2019

    Other


    The total prize value of the Competition is:

    Prize 1 - $1250
    Prize 2 & 3 - $550 each

    Participating brands include: Ever Eco, Emily Green, ettitude, Fressko, Luk, Summer Salt Body, Edible Beauty, Le Buns, Love Tea.

    If any prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value.

    18. People entering for another individual warrant that they have sought and received their permission, and that they agree to be bound by these Terms and Conditions and the Privacy Policy of Kester Black Entities Pty Ltd.

    19. The Promoter does not accept responsibility for late, lost or misdirected entries. Illegible or incomplete entries will be deemed invalid whether they are a result of website users or by any of the equipment or programming associated with or utilized in this competition, or by any technical error that may occur in the course of the administration of this competition.

    20. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries, but will use reasonable effort to ensure this does not happen.

    21. The Promoter reserves the right, at any time, to verify the validity of registrations and entrants (including an entrant’s identity, age) and to disqualify any entrant who tampers with the entry process or submits an entry that is not in accordance with these Terms and Conditions. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

    22. The Winners must, as a condition of accepting a prize, at the Promoter’s request, participate in any marketing and promotional activity (such as publicity and photography) in relation to winning any prize, free of charge, and consent to the Promoter using their name and image in any promotional material.

    23. All entries received become the property of the Promoter.

    Privacy and Information submitted


    24. As a condition of entering the Competition, you give consent for Promoter to obtain and deliver his or her name, address and other information to third parties/participating brands for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Entering this Competition includes subscription to the email newsletter of all participating brands. You can unsubscribe at any time.Any information you provide to Promoter may be used to communicate with you in relation to this Contest or on a Contest Winner’s list. The information provided will be used in conjunction with the Kester Black Operations Privacy Policy.

    25. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network.

  • A Kester Black gift card is a brilliant gift which the recipient can use towards payment for an order. You can select from one of the amounts listed on our store to add it to your shopping cart. In the checkout process you will be asked to enter the recipient’s details and a personal message. Please specify when you want the recipient to receive it if timing is important. You can purchase as many gift vouchers as you want per transaction and each voucher is valid for a period of 12 months from the date of purchase. Amounts are in Australian dollars. Any remaining value on the gift voucher remains valid for the term of the voucher.

  • Kester Black works with http://www.iequalchange.com to support three deserving causes, namely the aid and assistance of Syrian refugees, seekers of asylum in Australia and the prevention of domestic violence against women in Papua New Guinea.

  • You acknowledge that in the event that any failure on our part to deliver goods or services results from events beyond our control and that are not reasonably foreseeable, we are released from any liability or obligation to fulfil contractual agreements. These events could include war, conflict, natural disasters, fire or flood, strikes or lack of delivery from our suppliers.

  • The Agreement (being these Terms and Conditions and any other policies displayed on the Website) represents the entirety of the agreement between you and us, and supersedes any prior agreement or understanding between you and us, whether oral or in writing.

  • Any indemnity, agreement, representation or promise provided by you to us, as set out in this Agreement, shall be taken to be an indemnity, agreement, representation or promise also provided by you to our employees, officers, agents and shareholders and any related entity of ours in relation to the Website.

  • If we fail at any time to insist upon strict performance of any of your obligations under this Agreement, or fail to exercise any of the rights to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with those obligations. Further, a waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any term of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

  • We reserve the right to terminate this Agreement at any time. We shall not be liable to you for any cost, expense, or damages whatsoever for terminating this Agreement.

  • If any provision of this Agreement is determined by any Court to be invalid, unlawful or unenforceable to any extent, the provision is to be severed from the Agreement, such that the remaining provisions of this Agreement continue to be valid to the fullest extent permitted by law.

  • This Agreement is governed by the laws applicable in Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia. While this Website may be accessed both in Australia and overseas, we make no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and must comply with the laws in force in that country.

  • -To be eligible, entrants must subscribe to Kester Black's mailing list. New and existing subscribers based in Australia are eligible. Entries close at 23:59 AEST on June 6th 2018. The prize includes 1 x 230ml frank green SmartCup, 1 x 740ml frank green SmartBottle, 3 x Kester Black nail polish in Apricot Nectar, Cumulus & Fairy Floss and 1 x Kester Black water based remover wipes. Winners will be drawn on June 7th by a nominated Kester Black employee, and notified via email no later than June 8th 2017. If prize winners do not claim their prize before June 14th 2018, they forfeit their prize and another winner will be drawn. The prize cannot be exchanged.