Terms and Conditions
Congratulations on your decision to purchase a wearable piece of art!
Your KLE Streets shoe has been carefully hand-painted and customised in a professional manner so you can wear a comfortable and individual statement shoe. We truly hope you enjoy the experience of wearing a KLE Streets shoe.
We do ask that you read the following terms and conditions carefully. In order for you to proceed with your purchase, you must first agree to these terms and conditions (the Terms) which set out the legal relationship between you (as the customer) and KLE Streets (also referred to as “we”, “us” and “our”).
Shoes – Purchase & Commission
1. All the shoes offered for sale by KLE Streets are customised shoes created by a local Canberra artist and provided as ordered.
2. Shoes which have already been designed and customised by the artist can be ordered based on the designs/images and sizes as shown on our website. Otherwise you can commission the artist to create a bespoke geometric design just for you!
3. You can commission the artist by using the Commission form on the KLE Streets website. When completing the Commission form, please include details of shoe size, which design (Brindabella or The Parkway) and colours and we will respond to your email as soon as practicable. Our artist will provide feedback on your design and whether the colours, graphics etc., are possible. You will collaborate with the artist to finalise the design before placing your order.
Prices and Payment
4. All prices on the website are in Australian dollars and are inclusive of GST where applicable. Prices are subject to change without notice. Payments can be made by Visa, Mastercard, Apple Pay, Afterpay, or direct deposit.
5. In the case of pre-customised shoes, payment is required at the time you place your order. Payment is charged/debited at the end of the checkout process.
6. In the case of a commission, you will be provided with an invoice and bank details for the transfer of the price. We will not start work on your order until we have received full payment. If full payment is not received within 14 days of providing you with our bank details, we reserve the right to cancel the commission.
7. We offer free standard delivery via Australia Post.
Processing and despatching your order
8. Once an order is received and accepted by us, an e-mail confirmation is sent to your email address after you have made your purchase. Please keep this email as proof of your purchase.
9. If we reject an order, an order rejection will be sent to your nominated email address.
10. All items (including both items in the ‘Shop Sneakers’ or ‘Customised’ are made to order.
11. We will endeavour to despatch your order within 2 to 4 weeks after payment has been received. The time frame depends on the wait list, the availability of shoes and materials and the complexity of the artwork (in the case of a commission). You will be notified by email of the estimated time frame to hand paint your shoes and prepare for delivery at the time you place your order. If there is likely to be any delay to this time frame we will keep you notified via email, and if you are concerned about the timeframe please email us at kle@klestreets.com.au.
12. Whilst we will use our best endeavours to meet the timeframes stated for delivery, please note that many factors can affect these timeframes and cannot guarantee that timeframes will always be met. KLE Streets is not liable for any costs, losses or damages arising from a failure to deliver in the estimated timeframes.
13. We will ensure that we pack your order with the greatest care. The shoes are packed in a box to protect the items during transit. Once your order is posted from KLE Streets the condition and whereabouts of the delivery parcel and your order is beyond our control and we will not be liable for loss or damage during shipping. Risk passes to the customer on despatch.
Shipping / Delivery
14. We will use the shipping address you have entered during checkout (or as provided in the Commissions form) so please make sure that you have entered the correct address details. We are not responsible for errors in your shipping information. If an address is incorrect, we can only re-ship or refund your purchase when we have received our original package back (in original and unworn condition). Redirection timeframes are out of our control but may take a few weeks for the package to be returned to us. If your order needs to be re-shipped, there will be a new shipping fee and you will be emailed an invoice. We will only ship once the invoice is paid.
15. Currently we are only accepting orders for delivery within Australia. We use Australia Post so orders can be delivered to both physical addresses and PO Boxes.
16. Once your order has been despatched, the delivery time will be subject to the then current time frames of Australia Post and we recommend that you look at the delivery time frames on the Australia Post website.
17. All orders delivered within Australia will be tracked. You will be provided with a tracking number which will be emailed to you at the time of despatch. You are responsible for keeping up to date with tracking, but for any assistance please contact us by email at kle@klestreets.com.au.
18. A notification by Australia Post that the item (via the Track Your Item page on the Australia Post website) has been delivered will be deemed as delivered to you. We are not liable for lost or damaged items once this notification has been received.
19. Orders will be delivered and ‘left in a safe place’
20. Should the items arrive in a damaged state please contact us immediately by email to kle@klestreets.com.au with photos and details of the damage.
Copyright
21. You are purchasing a one-of-a-kind customised shoe where the artwork is designed and hand painted by a Canberra artist. KLE Streets claims all intellectual property rights (including copyright) in the designs of all shoes sold by KLE Streets or its agents. While we encourage you to take photos of, and share images of, your shoes in your social media, you must not recreate the design on other products (including other shoes) for commercial or non-commercial purposes.
Warranties
22. We warrant that:
(a) any item purchased from us through this website will conform with the description provided on our website or as commissioned by you;
(b) due care was applied in the workmanship of our shoes where paint was applied in accordance with manufacturers’ instructions;
(c) our shoes are fit for the purposes of which the items of that kind are commonly used.
23. Despite the warranties in clause 21 above, you acknowledge and agree that:
(a) you are purchasing a customised shoe where the artwork is hand painted and the quilted inner sole and shoe bag will be completed in a professional matter;
(b) there will be slight variations in the finished shoe to the picture shown on the website (although the design and colour will largely be the same);
(c) there might be slight imperfections or small variations that might not otherwise occur if the artwork was printed with a machine;
(d) the colour and design of the fabric used to create the quilted inner sole and the shoe bag will be at the discretion of the artist (as the fabrics used are remnants); and
(e) the shoe is a casual fashion item and not a shoe designed for extreme use such as a trade shoe or sports shoe.
24. You may have rights under the Australian Consumer Law, and these Terms do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation. As a customer you are entitled to a replacement, a refund or a repair if:
(a) the shoes are not of saleable quality;
(b) the shoes are not fit for any purpose for which it is purchased;
(c) the shoes do not conform to any description provided by KLE Streets; or
(d) the shoes do not comply with any other consumer guarantee or implied warranty applicable to the supply of the goods which cannot be excluded.
25. If you believe any of the circumstances in clause 23 above apply:
(a) please email us at kle@klestreets.com.au as soon as possible, and in any event no later than 7 days after the order is deemed delivered by Australia Post; and
(b) you will need to send the shoes back to us with proof of purchase via Australia Post Express Post within thirty (30) days of the original purchase date.
26. Your order must be returned to KLE Streets in the same condition in which it was delivered to you. All items must be unworn and undamaged. Please ensure all shoes are packaged securely and arrive back to us in their original, unworn condition (including all tags, boxes, and bags, etc.)
27. If you do not email us, or send the items back, as set out in clause 24 then we will presume the items have been delivered in good condition.
28. We reserve the right to determine whether a replacement, a refund or a repair is offered. We will not offer replacements or refunds where items have been worn.
Incorrect Size
29. You agree that you are solely responsible for ensuring that the size ordered is correct. There is no refund for purchasing an incorrect size.
30. If you have purchased a shoe (either in the ‘Shop Sneakers’ or ‘Commissions’ page) that is the incorrect size, please email us at kle@klestreets.com.au within 24 hours of receiving the confirmation of your purchase. If we have not yet started to customise your order, we may allow you to cancel your order (in our discretion) and provide you with a refund. If we have started to customise your shoe we may, at our discretion, replace/exchange the shoes due to incorrect size and apply the artwork to the correct sized shoe.
Change of Mind
31. We are not responsible for and do not refund or exchange for a change of mind either before you receive the customised item or after it is delivered to you. This includes change of mind in respect of colour, design or shoe size.
Privacy
32. In order to provide you with your order, we may request personal details like your name, address, telephone number, email address and personal address (personal information). We will take all reasonable steps to protect your personal information from unauthorised use or disclosure.
General
33. We have the right to vary these Terms at any time by posting updates to our website.
34. These Terms are the entire agreement between you and KLE Streets, and these Terms supersede any prior representations by either party.
35. This Contract is governed by the laws in force of the Australian Capital Territory, Australia.