Terms & Conditions

Last updated: 05/01/2025

Welcome to Kraftivity

These Terms and Conditions ("Terms") govern your access to and use of our website, products, and services. By accessing or using our platform, you agree to comply with and be bound by these Terms. Please read them carefully before proceeding.

Acceptance of Terms

By using our website, placing an order, or otherwise engaging with Kraftivity, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Shipping Policy. If you do not agree to these Terms, you may not access or use our services.

Orders and Customization

We take pride in offering a wide range of customizable products to meet your unique needs. When placing an order, especially for licensed characters, movies, logos, or other copyrighted materials, it is your responsibility to ensure that you have the necessary rights and permissions to use such content.

Kraftivity does not claim any ownership or intellectual property rights over the content displayed on our website, or over the content you provide for customization. However, we reserve the right to refuse any order that we believe may infringe upon the rights of others or violate applicable laws.

By submitting an order for customized products, you represent and warrant that you have the legal right to use the content provided and that your use of such content does not violate any third-party rights, including but not limited to copyright, trademark, or publicity rights.

Kraftivity shall not be held liable for any claims, damages, or expenses arising from your use of copyrighted or licensed materials without the proper authorization. By using our services, you agree to indemnify and hold us harmless from any such claims.

Pricing and Payment

All prices and fees are subject to change without prior notice. We reserve the right to modify our pricing structure at any time.

Payment for orders must be made in full at the time of purchase unless otherwise agreed upon in writing.

We accept various payment methods, including credit cards, debit cards, and online payment platforms. Please refer to our website for the most up-to-date information on accepted payment methods.

Shipping and Delivery

Shipping times may vary depending on the product, destination, and shipping method chosen. We are not responsible for delays caused by factors beyond our control, such as weather conditions, customs clearance, or carrier issues.

Kraftivity shall not be liable for any damages or losses incurred during the shipping process. However, we will assist you in resolving any issues with the shipping carrier.

It is the customer's responsibility to provide accurate shipping information. We cannot be held responsible for incorrect or incomplete address details provided at the time of purchase.

It is the customer’s responsability to ensure the delivery location is secure. We cannot be held responsible for stolen deliveries at the customers’ premises.

To review our shipping policy, please click here.

Returns and Refunds

Please refer to our separate Returns and Refunds Policy for detailed information on our return and refund procedures.

In general, we do not accept returns or provide refunds for customized products, as they are made specifically to your unique specifications. However, we will honor returns and refunds for damaged or incorrect items, as outlined in our Returns and Refunds Policy.

Intellectual Property

All content, designs, and images on our website, including but not limited to text, graphics, logos, button icons, images, audio clips, and software, are the property of the respective owners and are protected by Australian and international copyright laws.

Please note that all intellectual property rights, including copyrights and trademarks, associated with the characters featured in our products remain the exclusive property of their rightful owners. We do not assert any ownership or claim any licensing rights over these characters. Our items are not officially licensed merchandise.

The designs displayed on our website are intended solely for personal, non-commercial use. Reselling or distributing these designs in any form is strictly prohibited. Each design is crafted for a single-use occasion, and by purchasing our products, you are compensating us for our creative labor and unique design concepts.

Some of the products showcased on our website serve as artistic representations and samples, illustrating the diverse capabilities and potential of our work. While these samples may feature brand names or logos, it is important to note that we do not claim to have an official affiliation or partnership with these brands.

You may not reproduce, distribute, modify, transmit, reuse, repost, or otherwise use our copyrighted materials for public or commercial purposes without our prior written consent.

Orders and Customization

We take pride in offering unique, handmade, and one-of-a-kind piñatas and products. Each item is crafted with care and attention to detail, making them truly special.

When placing an order, especially for customized designs or themes, it is your responsibility to ensure that you have the necessary rights and permissions to use any licensed characters, movies, logos, or copyrighted materials.

Kraftivity does not claim ownership of the intellectual property rights associated with the content you provide for customization. However, we reserve the right to refuse any order that we believe may infringe upon the rights of others or violate applicable laws.

By submitting an order for customized products, you represent and warrant that you have the legal right to use the provided content and that your use does not violate any third-party rights, including copyright, trademark, or publicity rights.

We cannot be held liable for any claims or issues arising from your use of copyrighted or licensed materials without the proper authorization. You agree to indemnify and hold us harmless from any such claims.

Color Variations

Please note that the colors of our products, as displayed on our website, may vary slightly due to differences in monitor settings and screen resolutions. We strive to provide accurate representations, but slight variations in color may occur.

By placing an order, you acknowledge and accept that there may be minor differences in color between the product images and the actual product you receive.

Handmade and Made-to-Order Products

All of our products are carefully crafted by hand, making each piece unique and one-of-a-kind. Due to the handmade nature of our creations, there may be slight variations in size, shape, and design details.

Our products are made to order, which means they are created specifically for you after you place your order. This process allows us to customize and personalize your items to your exact specifications.

Please allow sufficient time for the creation and delivery of your handmade, made-to-order products. The estimated production and shipping times are provided on our website, and we aim to meet these timelines.

Creative License Disclaimer

We reserve the right to make necessary substitutions or alterations to the design, appearance, or technical specifications of our products without prior notice. This includes the use of alternative materials or decorations to ensure the highest quality and availability of our products.

When requesting a custom design, please understand that our team will create a unique piece inspired by the provided photos or descriptions. While we strive for accuracy, the final product may not be an exact replica of the image or design, as limitations exist due to the use of paper, available colours, textures and weight, and limited by the construction techniques available to us.

Color matching and image quality may vary due to differences in screen resolutions and printing technologies. We cannot guarantee an exact color match between the product images and the actual product.

For printed images or decorations, the quality of the print may vary based on the technology available at the time of order. We cannot be held responsible for any discrepancies in print quality.

Force Majeure

Kraftivitys shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, or government actions.

In the event of a force majeure situation, we will make reasonable efforts to inform our customers and work towards resolving the issue. However, we cannot be held responsible for any losses, damages, or expenses incurred as a result of such circumstances.

Limitation of Liability

To the fullest extent permitted by law, Kraftivity shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of our website, products, or services.

We make no representations or warranties of any kind, express or implied, as to the operation of our website or the information, content, materials, or products included on our website. We do not warrant that our website will be error-free or that any defects will be corrected.

Indemnification

You agree to indemnify, defend, and hold Kraftivity, its officers, directors, employees, agents, and affiliates harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our website, products, or services.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. Any dispute arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts located in New South Wales, Australia.

Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms on our website. It is your responsibility to review these Terms periodically for any modifications. Your continued use of our website, products, or services after any modifications indicates your acceptance of the revised Terms.

Contact Us

If you have any questions, concerns, or inquiries regarding these Terms and Conditions, please contact us at kraftivity.au@gmail.com