Terms of service

Terms of Service

Last updated: 18 September 2025

OVERVIEW

Welcome to Khaya Marlow! The terms “we”, “us” and “our” refer to Khaya Marlow. Khaya Marlow operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Khaya Marlow is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (the “Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

SECTION 1 – ACCESS AND ACCOUNT

You represent that you are at least the age of majority in your state or province of residence, and you consent to the use of the Services by any minor dependents under your supervision.

To use the Services, you may be asked to provide information (e.g., email, billing, payment and shipping details). You warrant all information is correct, current and complete and that you have the rights to provide it. You are responsible for maintaining the security of your account credentials and all activity under your account. You may not sell, assign, or license your account.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to represent products accurately; however, colours and appearance can vary by device and settings. We do not warrant that products or services will meet your expectations.

All product descriptions, pricing and availability may change at any time without notice. We may discontinue any product and may limit quantities for any person or region.

Handcrafted Variations. Many Khaya Marlow pieces are individually handcrafted; subtle variations in colour, texture or finish are normal and not defects.

SECTION 3 – ORDERS

When you place an order, you make an offer to purchase. We reserve the right to accept or decline any order at our discretion. Your order is accepted only once payment is processed and we confirm acceptance.

  • Out-of-Stock. If an item becomes unavailable after you order, we will notify you and issue a refund or store credit for the affected item.

  • Changes/Cancellations. If you need to change or cancel, email hello@khayamarlow.com immediately with your order number. We’ll try to help, but changes may not be possible once processing begins or after dispatch.

  • Personal Use. You warrant that purchases are for personal/household use and not for commercial resale or export.

  • Returns. Purchases are subject to our Returns & Refunds Policy.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price in effect at checkout applies, plus any taxes, shipping, handling, customs and import charges unless stated otherwise.

You agree to provide current, complete and accurate purchase and payment details and to update them as needed. You warrant that (i) your payment details are true and authorised, (ii) your card issuer will honour charges, and (iii) you will pay all charges including applicable taxes and fees.

SECTION 5 – SHIPPING AND DELIVERY

Dispatch Times. Orders typically dispatch within 24–48 business hours (Mon–Fri, 8:00am–5:00pm AEST, excluding national public holidays). Orders placed after 12:00pm Friday dispatch the following Monday (or next business day on public holidays). During peak or promotional periods, dispatch may be slightly delayed.

Delivery Estimates & Risk of Loss. All delivery times are estimates only and not guaranteed. We are not liable for delays caused by carriers, customs or events beyond our control. Title and risk of loss transfer to you when we hand your order to the carrier.

Acceptance of Delivery. Please ensure someone can receive your parcel based on the delivery option selected. Any re-delivery or re-route fees charged by the carrier are your responsibility.

Incorrect Address.

  • If your order has not shipped, email hello@khayamarlow.com ASAP—updates are not guaranteed.

  • If your order has shipped, contact the carrier using your tracking information to request changes.
    Orders shipped to an incorrect address provided at checkout are not eligible for refund or replacement.

Return to Sender (RTS). If a parcel is returned to us as undeliverable or uncollected, we’ll contact you to arrange redelivery (postage payable) or issue store credit less a A$12.00 RTS fee. Refunds are not available for RTS parcels.

Order Marked Delivered / Not Received. If tracking shows delivered, please check around your premises (e.g., mailbox, planter boxes), with neighbours or building management, and any designated safe locations. If you selected Authority to Leave / Safe Drop, ensure your location is suitable; risk transfers at the recorded delivery time. For assistance, contact the carrier noted on your tracking (e.g., Australia Post: 13 7678) or email hello@khayamarlow.com.
For full details, see our Shipping & Delivery Policy.

SECTION 6 – INTELLECTUAL PROPERTY

The Services and all content (trademarks, text, designs, images, graphics, audio/video, selection and arrangement) are owned by Khaya Marlow, our affiliates or licensors, and protected by applicable laws. You may use the Services for personal, non-commercial use only. No rights are granted by implication. Khaya Marlow names, logos and designs are our trademarks; Shopify marks are owned by Shopify. Other marks remain the property of their owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties or endorsement and with no liability arising from your use. Use is at your own risk and subject to the provider’s terms. Future features may also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Links or embedded third-party content are provided for convenience only. We are not responsible for examining or evaluating third-party materials and disclaim all liability for your use of them. Review the third party’s policies before engaging in any transaction.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Note: This accurately describes Shopify’s relationship with your store.
Khaya Marlow is powered by Shopify, which enables us to provide the Services. Any sale you make is between you and Khaya Marlow. Shopify is not responsible for any aspect of such sales, and you expressly release Shopify and its affiliates from claims arising from your purchases and transactions with Khaya Marlow.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy, and certain processing is subject to Shopify’s Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to operate and improve the platform. Information you submit may be transmitted to and processed by Shopify and service providers in other countries. See our Privacy Policy for details.

SECTION 11 – FEEDBACK

If you submit ideas, reviews or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish and display such Feedback for any purpose. You represent you own or control the rights, have disclosed any incentives, and your Feedback complies with these Terms. We may, but are not obligated to, monitor or remove Feedback.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

We may correct errors or update information at any time without notice, including after you submit an order, and may cancel orders affected by inaccuracies (including pricing, availability, promotions and shipping information).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes and not to (i) violate laws; (ii) infringe IP or privacy rights; (iii) harass, defame or harm others; (iv) transmit misleading information; (v) send spam; (vi) upload malware; (vii) scrape or crawl; (viii) interfere with security; or (ix) otherwise restrict others’ use. We may suspend or terminate access for violations.

SECTION 14 – TERMINATION

We may terminate or suspend access to the Services at any time without notice. You remain liable for amounts due through the termination date. Sections that by nature should survive (including IP, Feedback, Disclaimers, Limitations, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law, and Privacy) continue to apply.

SECTION 15 – DISCLAIMER OF WARRANTIES

Except as expressly stated by Khaya Marlow, the Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, title and non-infringement. We do not warrant uninterrupted, timely, secure or error-free operation. Some jurisdictions do not allow certain disclaimers; you may have statutory rights that cannot be excluded.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no case shall Khaya Marlow, Shopify, or their respective officers, employees, affiliates, agents, contractors, service providers or licensors be liable for any indirect, incidental, punitive, special or consequential damages (including lost profits, revenue, savings, data, or replacement costs) arising from your use of the Services or products, or any content made available via the Services, even if advised of the possibility. Where liability cannot be excluded, it is limited to the lesser of the amount paid for the product giving rise to the claim or the minimum amount required by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Khaya Marlow, Shopify and their affiliates, officers, employees, agents, contractors, licensors and service providers from losses, liabilities, claims and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, violation of law or third-party rights, or your access to or use of the Services.

SECTION 18 – SEVERABILITY

If any provision is held unlawful or unenforceable, it shall be enforced to the maximum extent permitted and the remainder shall continue in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

A failure to enforce any right is not a waiver. These Terms and policies posted on the site constitute the entire agreement between you and us regarding the Services, superseding prior agreements.

SECTION 20 – ASSIGNMENT

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without notice.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreements whereby we provide Services are governed by and construed in accordance with the laws of the State of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and their appellate courts.

SECTION 22 – HEADINGS

Headings are for convenience only and do not limit the Terms.

SECTION 23 – CHANGES TO TERMS

You can review the most current version of the Terms at any time on this page. We may update or replace any part of the Terms by posting changes to the website. We will notify you of any material changes as required by law. Your continued use of the Services after any changes constitutes acceptance.

SECTION 24 – PRODUCT FAULTS AND MANUFACTURING ISSUES

If you believe your item is faulty or incorrect, contact hello@khayamarlow.com within 48 hours of delivery with your order number, description and clear photos of the issue. General wear and tear is not a fault; Khaya Marlow may reasonably assess whether a manufacturing defect exists. If a manufacturer fault is confirmed, you may choose a replacement, refund, or store credit at no additional cost.
Note: See also our Returns & Refunds Policy for timelines and item condition requirements.

SECTION 25 – SHIPPING PRACTICES (SUMMARY)

For your convenience, this section summarises key practices; see our Shipping & Delivery Policy for full details.

  • Dispatch: Usually 24–48 business hours (Mon–Fri, 8:00am–5:00pm AEST; excl. public holidays). Friday orders after 12:00pm dispatch Monday.

  • Acceptance of Delivery: Ensure someone can receive your parcel; re-delivery fees are your responsibility.

  • Incorrect Address: If unshipped, email us ASAP; if shipped, contact the carrier on your tracking. Orders sent to an incorrect address provided at checkout aren’t eligible for refund or replacement.

  • Return to Sender: Store credit less A$12.00 RTS fee, or redelivery with postage payable. No refunds for RTS.

  • Order Not Arrived: If marked delivered, check around your address, with neighbours/manager and any safe locations. If you selected Authority to Leave / Safe Drop, risk transfers at the recorded delivery time. Carrier help (e.g., Australia Post 13 7678) or hello@khayamarlow.com.

SECTION 26 – TEXT MARKETING & NOTIFICATIONS

By entering your phone number at checkout, subscribing via our form or a keyword, you agree we may send you text notifications (e.g., order and abandoned cart) and text marketing offers (up to 10 per month). Consent is not a condition of purchase. Message and data rates may apply.
To unsubscribe, reply STOP to any message or use the unsubscribe link in our messages. For help, reply HELP to the sending number or contact us at hello@khayamarlow.com. Alternative opt-out requests (e.g., other words) may not be processed.

SECTION 27 – CONTACT INFORMATION

Questions about these Terms should be sent to hello@khayamarlow.com.
Trading name: Clair-Louise Mortimer

ABN: 71 928 449 452
Email: hello@khayamarlow.com