Last updated: October 07, 2026
Welcome to Kea Australia. The terms "we", "us" and "our" refer to KEA AUSTRALIA PTY LTD trading as Kea Australia (ABN 64 639 547 363). We operate this online store, including all related information, content, features, tools, products and services (the "Services"). We sell to customers in Australia and New Zealand. Our store is powered by Shopify.
These Terms of Service ("Terms"), together with the policies referred to in them, explain your rights and responsibilities when you use the Services or buy from us. Please read them carefully. By using the Services or placing an order, you agree to these Terms and our Privacy Policy [LINK].
Your consumer rights. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law (if you are in Australia), the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (if you are in New Zealand), or any other law that cannot be excluded. Where these Terms are inconsistent with those rights, those rights prevail.
1.1 You must be at least 18 years old, or have the consent of a parent or guardian, to place an order.
1.2 When you use the Services or place an order, you may need to give us information such as your name, email address, delivery address and payment details. Please make sure this information is correct and up to date.
1.3 If you create an account, you must take reasonable care to keep your login details secure and not share them with anyone. If you become aware of any unauthorised use of your account, please tell us promptly at customerservice@keaearth.com.
1.4 You are responsible for activity on your account that you authorise, or that results from your failure to take reasonable care of your login details. You are not responsible for losses caused by a security failure on our part or on the part of our platform providers.
1.5 You may not sell or transfer your account to another person.
2.1 Accurate descriptions. We take care to describe our products accurately, including materials, sizing, colours, print placement and finish. Product images, including edited images, show the actual product's design, fit, fabric, colour and details.
2.2 Display and minor variations. Colours may look slightly different depending on your screen. Small variations in print placement, wash effects or finish may also occur because of how garments are made. These minor variations do not affect your rights if a product does not match its description or is not of acceptable quality.
2.3 Sizing. Our size guides explain how each measurement is taken. Please check the size guide for each product before ordering.
2.4 Limited releases. Some products are released in limited quantities and may not be restocked. Limited availability does not affect your rights if a product you receive is faulty.
2.5 Changes to product information. We may update product information, discontinue products or limit quantities at any time. Changes do not apply to orders we have already accepted.
3.1 Placing an order. When you place an order, you are making an offer to buy the products in your cart. Please check your order carefully, including sizes, colours, quantities and delivery details, before you submit it.
3.2 Acceptance. Your order is accepted when we send you an order confirmation email. We must receive your payment before your order is accepted.
3.3 Declining an order before acceptance. We may decline an order before acceptance for a reasonable reason, including if: (a) payment fails or is not authorised; (b) we reasonably suspect fraud or unauthorised use of a payment method; (c) the product is out of stock or unavailable; (d) the price or product information is clearly wrong; or (e) we cannot deliver to the address provided.
3.4 Cancelling an accepted order. After we accept your order, we will only cancel it if: (a) we reasonably suspect fraud or unauthorised use of a payment method; (b) the product is unavailable due to a stock error; or (c) the price was obviously and clearly wrong (for example, a significant pricing error that a reasonable person would recognise).
3.5 Notice and refunds. If we decline or cancel an order you have paid for, we will email you promptly to explain why, and refund the full amount, including shipping, to your original payment method within 3–5 business days. Your bank or card provider may take additional time to process the refund.
3.6 No changes without your consent. We will not change the products in your order, substitute a different item, or charge you any additional amount without your consent. If part of your order is unavailable, we will contact you to ask whether you want to receive the remaining items with a refund for the unavailable items, or cancel the whole order with a full refund.
3.7 Your cancellation requests. If you want to cancel or change your order, please contact us as soon as possible. We will try to help, but we may not be able to do so once your order has been packed or dispatched. This does not affect your rights under our Refund Policy [LINK] or the law.
3.8 Personal use and resale. Our products are sold for personal use, including gifts. You may not buy products for unauthorised commercial resale. We may limit the quantities available per order or per customer, particularly for limited releases.
4.1 Currency and GST. Prices are shown in Australian dollars (AUD) for delivery to Australia and in New Zealand dollars (NZD) for delivery to New Zealand. Prices include Australian GST for Australian orders and New Zealand GST for New Zealand orders, where applicable.
4.2 Duties and charges. Shipping costs and any applicable taxes are shown at checkout before you pay. If a New Zealand order attracts customs duty or other border charges, we will tell you at checkout whether they are included or payable by you on delivery.
4.3 The price you pay. Prices and promotions may change from time to time. The price you pay is the price shown at checkout when you place your order.
4.4 Promotions and discount codes. Each promotion or discount code (including our newsletter sign-up offer) has its own conditions, such as which products it applies to, its expiry date, minimum spend, whether it can be combined with other offers, and how many times it can be used. We will show these conditions clearly when we offer the promotion or when you apply the code. If promotion conditions conflict with these Terms, the promotion conditions apply to that promotion.
4.5 Payment. You must use a payment method you are authorised to use, and provide accurate payment and billing details. Payments are processed by our payment providers. Using a third-party payment provider does not change our responsibility to you for your order.
5.1 Where we deliver. We deliver to addresses in Australia and New Zealand. Delivery options, costs and estimated delivery times are set out in our Shipping Policy [LINK] and shown at checkout.
5.2 Estimated times. Delivery times are estimates. If your order is significantly delayed, or we will not be able to dispatch it within the estimated time, we will contact you and let you know your options, including cancelling for a full refund if your order has not yet been dispatched.
5.3 Lost or damaged parcels. If your parcel is lost in transit or arrives damaged, please contact us with your order number and, for damage, photos of the parcel and items. We will work with the carrier and arrange a replacement or refund. You do not need to deal with the carrier yourself.
5.4 Risk and ownership. The products become your responsibility once they are delivered to the address you provided.
5.5 Your rights. This section does not affect your rights under the Australian Consumer Law or, in New Zealand, the Consumer Guarantees Act 1993, including the guarantee that goods we deliver will arrive within a reasonable time and in acceptable condition.
6.1 The Services, including our trademarks, brand names, logos, designs, text, images, graphics, video and the way they are arranged, are owned by Kea Australia, our collaborators or licensors, and are protected by copyright, trade mark and other intellectual property laws.
6.2 You may use the Services for your personal, non-commercial use. You must not copy, reproduce, modify, republish or distribute our content or designs for commercial purposes without our prior written consent.
6.3 Shopify's name and logos are trademarks of Shopify. Other names and logos on the Services belong to their respective owners.
7.1 Third-party providers. We use third-party providers to run parts of the Services, including Shopify (our online store platform), payment providers and delivery carriers. Using these providers does not reduce our responsibility to you for your order, the products we sell, or our obligations under the law.
7.2 Optional tools and links. The Services may include optional tools or links to websites run by third parties that are not part of your purchase from us. We do not control those tools or websites, and their own terms and privacy policies apply. We are not responsible for products or services you buy from a third party through those links.
7.3 Relationship with Shopify. Your purchases are made directly with Kea Australia, not with Shopify. Shopify is not a party to the contract between you and us. To the extent permitted by law, Shopify is not responsible for our products or for the sale between you and us. This does not affect any rights you have against us.
8.1 We collect and handle your personal information in line with our Privacy Policy [LINK], the Privacy Act 1988 (Cth) for Australian customers and the Privacy Act 2020 for New Zealand customers.
8.2 Because our store is hosted by Shopify, some personal information is processed by Shopify and other service providers, which may be located outside Australia or New Zealand. Our Privacy Policy explains how this information is used and protected.
9.1 Public reviews. If you post a product review or comment on the Services, you give us a non-exclusive, royalty-free licence to display, reproduce and share it on our website and social media channels, with your display name, in connection with the product. We will not change the meaning of your review. You can ask us to remove your review at any time.
9.2 Customer service messages. Messages you send us privately (for example by email or chat) are used to respond to your request and improve our service, and are handled in line with our Privacy Policy. We will not publish them without your permission.
9.3 Photos and creative work. We will only use your photos, videos, likeness or creative work (such as artwork or design ideas) in advertising, product design or collaborations if you give us separate, express permission. Any collaboration or design work will be covered by a separate written agreement.
9.4 Suggestions. If you send us general suggestions about improving the Services, we may use those ideas without paying you, but this does not apply to the items in 9.3.
9.5 Honest reviews. We welcome honest reviews, including negative ones. We will only remove or decline to publish content that is unlawful, false or misleading, offensive, threatening, harassing, infringes someone else's rights, contains personal information of others, or is spam. We will not remove a review just because it is negative.
9.6 Your responsibility. Content you post must be your own honest opinion and must not infringe anyone else's rights. If you received a free product, payment or other incentive in connection with a review, you must say so in the review.
10.1 We work hard to keep the information on the Services accurate. Occasionally, there may be errors in product descriptions, prices, promotions, shipping charges, delivery times or stock availability.
10.2 We may correct errors and update information on the Services at any time. Any correction will apply to new orders only, and will not change the price or terms of an order we have already accepted, except as set out in clause 3.4.
10.3 If an error affects an order you have placed, we will contact you promptly. We will not charge you any extra amount or change your order without your consent. If you do not agree to the corrected details, we will cancel the order and refund you in full in line with clause 3.5.
11.1 You may use the Services for lawful purposes only. You must not use the Services to: (a) break any law; (b) infringe our intellectual property or anyone else's rights; (c) threaten, harass, abuse or intimidate our staff or any other person; (d) post content that is unlawful, defamatory or that you know to be false; (e) impersonate another person or provide false information when ordering; (f) send spam or unsolicited advertising; or (g) commit fraud, including misuse of payment methods or discount codes.
11.2 This section does not stop you from posting honest reviews, including negative reviews, or making a complaint to us, a regulator or anyone else.
11.3 You must not: (a) upload viruses or other malicious code; (b) interfere with, bypass or attack the security of the Services; (c) use automated tools to scrape, copy or extract content or data from the Services in bulk, or to place orders in bulk, except as permitted in Section 12; or (d) collect other customers' personal information.
11.4 Normal browsing, screen readers and other accessibility tools, and browser features such as autofill and translation are permitted.
11.5 If you breach this section, we may take action under Section 13.
12.1 An "Agent" is any software or AI tool that acts on its own or on someone's instructions to access, browse or interact with the Services without direct human control.
12.2 An Agent may access the Services only if it: (a) identifies itself as an Agent, including by stating "Agent/[agent name]" in its user agent string; (b) does not hide that it is an Agent or pretend to be a human; (c) does not complete or get around CAPTCHAs or other measures designed to tell humans and computers apart; and (d) does not get around any measure we use to limit or control Agent access.
12.3 We may limit or block Agent access, including by technical measures. If you use an Agent to place an order for you, you are responsible for that order as if you placed it yourself, and your consumer rights for that order are unchanged.
13.1 Closing your account. You may stop using the Services or close your account at any time by contacting us.
13.2 Our right to suspend or terminate. We may suspend or terminate your account or access to the Services if you breach these Terms or if we reasonably believe it is necessary to protect our business, our customers or the Services. Where reasonable, we will give you notice and an explanation before doing so.
13.3 Immediate suspension. We may suspend your account or access immediately, without prior notice, if we reasonably suspect fraud, unauthorised use of a payment method, a security risk, or unlawful activity. Where appropriate, we will tell you as soon as practicable afterwards.
13.4 Existing orders. Suspension or termination of your account does not cancel or affect any order you have already paid for. We will continue to: (a) deliver paid orders, unless an order is cancelled because of suspected fraud under clause 3.4, in which case we will refund the amount paid where required by law; (b) process refunds, returns and exchanges in line with our Refund Policy; and (c) meet our obligations under the Australian Consumer Law and, for New Zealand customers, the Consumer Guarantees Act 1993.
13.5 Amounts owing. You remain responsible for any amounts owing for orders placed before the date of suspension or termination.
13.6 Clauses that continue. The following sections continue to apply after termination: Intellectual Property, Reviews, Feedback and Content, Suspension and Termination, Website Availability and Consumer Guarantees, Limitation of Liability, General, Governing Law, Privacy, and any other provisions that by their nature should continue.
14.1 Website availability. We aim to keep the Services available and working properly. However, the website may sometimes be unavailable, slow, or display errors due to maintenance, updates, technical issues, or events outside our reasonable control. We do not guarantee that the Services will be uninterrupted or error-free at all times.
14.2 General content. General content on the Services, such as blog posts or styling ideas, is provided for general information only. This does not apply to product descriptions, prices or other information about the products we sell, which we are responsible for.
14.3 Australian customers. 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 the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
14.4 New Zealand customers. Our goods come with guarantees under the Consumer Guarantees Act 1993 that cannot be excluded, including that they are of acceptable quality, fit for purpose and match their description. If a product has a failure of a substantial character, you may choose to reject it and receive a refund or replacement. For other failures, we will repair, replace or refund the product within a reasonable time. You may also be entitled to compensation for any reasonably foreseeable loss caused by the failure.
14.5 Refund Policy. Our Refund Policy [LINK] explains how to request a return, refund or exchange. Any conditions in our Refund Policy for change-of-mind returns do not limit your rights for faulty products or products that do not match their description.
15.1 Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law, the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law that cannot lawfully be excluded or limited.
15.2 Subject to clause 15.1, Kea Australia is not liable for loss caused by: (a) temporary unavailability or interruption of the website; (b) problems with your device, internet connection or software; or (c) events outside our reasonable control.
15.3 Subject to clause 15.1, we are not liable for any indirect or consequential loss that was not reasonably foreseeable.
15.4 We remain responsible for the quality of the goods we sell, the accuracy of our product descriptions, and our obligations under the law, including any loss caused by our negligence or breach of these Terms.
16.1 If you have a problem with an order, a product or our service, please email customerservice@keaearth.com with: (a) your name and order number; (b) a short description of the issue; and (c) photos, if the issue is about damage, a fault or the wrong item.
16.2 We aim to reply within [2] business days and to resolve most issues within [10] business days. If we need more time, we will tell you why and when you can expect an update.
16.3 If your delivery is significantly delayed, or we are unable to supply your order, we will contact you and explain your options, including a full refund.
16.4 If you are not satisfied with how we have handled your complaint, you can contact the consumer protection agency in your state or territory or the ACCC (Australia), or the Commerce Commission or Consumer Protection (New Zealand). You can also contact them at any time; you do not need to wait for our response.
17.1 Severability. If any part of these Terms is found to be unlawful, void or unenforceable, that part will be read down or removed to the extent necessary, and the rest of these Terms will continue to apply.
17.2 Waiver. If we do not enforce a right under these Terms, this does not mean we have given up that right.
17.3 Entire agreement. These Terms and the policies referred to in them are the entire agreement between you and us about your use of the Services. This does not exclude product descriptions, written promises we make to you about a sale, or any statement you are entitled to rely on under the law.
17.4 Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations under these Terms to another business, for example as part of a sale or restructure of our business, but only where this does not reduce your existing rights or affect the delivery, refund or after-sales support of any order we have already accepted. If this happens, we will notify you where reasonably practicable.
17.5 Headings. Headings are for convenience only and do not affect the meaning of these Terms.
18.1 These Terms are governed by the laws of Victoria, Australia. You and Kea Australia submit to the non-exclusive jurisdiction of the courts of Victoria.
18.2 This does not limit any rights you have under the Australian Consumer Law or the consumer protection laws of the Australian state or territory where you live. If you live in New Zealand, it also does not limit your rights under New Zealand law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, or your ability to bring a claim in New Zealand, including in the Disputes Tribunal.
19.1 We may update these Terms from time to time, for example to reflect changes in the law or our business. The updated Terms will be posted on this page with a new "Last updated" date.
19.2 Updated Terms apply only to orders placed after the updated Terms take effect. Any order we have already accepted will continue to be governed by the version of the Terms in force when that order was placed.
19.3 If we make significant changes, we will take reasonable steps to let you know, such as by a notice on our website or by email.
Questions about these Terms can be sent to info@keathebrand.com.
KEA AUSTRALIA PTY LTD trading as Kea Australia 1/36 Koornang Rd, Scoresby VIC 3179, Australia Email: info@keathebrand.com Phone: 03 8288 1969 (from New Zealand: +61 3 8288 1969) ABN: 64 639 547 363
