Email: contact@australiankava.com.au

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TERMS AND CONDITIONS

Australian Kava Co
A trading name of L&S Kissane Holdings Pty Ltd

Version 2.1
Last Updated: 05/08/2026

 

1. INTRODUCTION

Welcome to Australian Kava Co.

These Terms and Conditions (“Terms”) govern your access to and use of the Australian Kava Co website, including all purchases made through our online store.

Australian Kava Co is a trading name of L&S Kissane Holdings Pty Ltd (“Australian Kava Co”, “we”, “our”, or “us”).

By accessing this website or placing an order with us, you acknowledge that you have read, understood and agree to be bound by these Terms together with our Privacy Policy and any other policies published on our website.

If you do not agree to these Terms, you must not use this website or purchase products from us.

2. IMPORTANT INFORMATION

Age Restriction

Kava products sold by Australian Kava Co are intended only for adults.

By placing an order you confirm that:

  • you are at least 18 years of age;

  • you are legally permitted to purchase kava in Australia;

  • you will not supply kava to any person under the age of 18 years.

We reserve the right to cancel any order where we reasonably believe these requirements have not been met.

Responsible Consumption

Kava should always be consumed responsibly and strictly in accordance with the preparation and usage instructions provided with the product.

Kava may cause drowsiness.

Do not drive, operate machinery or undertake hazardous activities after consuming kava.

If you are pregnant, breastfeeding, have a medical condition or are taking prescription medication, you should seek advice from an appropriately qualified healthcare professional before consuming kava.

Information provided on this website is intended for general informational purposes only and does not constitute medical advice.

Geographic Restrictions

Australian Kava Co reserves the right to refuse or cancel orders where supplying the product would breach any Commonwealth, State or Territory law.

At the time of publication we do not supply kava to addresses located within the Northern Territory.

3. DEFINITIONS

In these Terms:

ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.

Customer, you, or your means any person who accesses our website or purchases products from us.

Order means an order placed through our website.

Products means any goods sold through Australian Kava Co.

Website means www.australiankava.com.au and any associated webpages operated by Australian Kava Co.

4. AUSTRALIAN CONSUMER LAW

Nothing contained within these Terms excludes, restricts or modifies any rights or remedies available to consumers under the Australian Consumer Law.

Where our Products come with guarantees that cannot be excluded under Australian law, you are entitled to the remedies provided by the Australian Consumer Law.

These remedies may include repair, replacement or refund depending upon the nature of the failure.

Any provisions within these Terms apply only to the extent permitted by law.

5. ELIGIBILITY TO PURCHASE

By placing an order you warrant that:

  • you are at least 18 years old;

  • all information provided is accurate and complete;

  • you are authorised to use the payment method supplied;

  • you are purchasing products for lawful purposes only;

  • you will comply with all applicable laws relating to possession, use and consumption of kava.

Customers remain responsible for ensuring that possession, transport and use of kava is lawful within their jurisdiction.

6. ACCOUNT REGISTRATION

You may purchase products either as a guest or by creating an online account.

Where an account is created you agree to:

  • maintain accurate account information;

  • keep your password confidential;

  • notify us immediately of any unauthorised use of your account.

You are responsible for all activity occurring under your account.

7. PRODUCTS

We make every reasonable effort to accurately display our Products, descriptions, photographs and pricing.

Due to variations in computer monitors, mobile devices and natural agricultural products, colours, appearance and packaging may vary slightly from images displayed on our Website.

We reserve the right to:

  • discontinue any Product;

  • modify Product specifications;

  • change packaging;

  • limit purchase quantities;

  • refuse sales where necessary.

Minor differences between images and supplied Products do not constitute a defect.

8. PRODUCT AVAILABILITY

All Products are offered subject to availability.

Occasionally stock shortages, supplier delays or inventory errors may occur.

Where an item becomes unavailable after an Order has been placed, we may:

  • provide a refund;

  • offer a substitute Product;

  • delay shipment pending replenishment.

You will be contacted before any substitute Product is supplied.

9. PRICING

All prices displayed on the Website are shown in Australian Dollars (AUD).

Prices include GST where applicable unless otherwise stated.

Prices may change without notice.

The applicable price is the price displayed at the time an Order is submitted.

Despite our best efforts pricing errors may occasionally occur.

Where an obvious pricing error has occurred, we reserve the right to cancel the Order and provide a full refund before dispatch.

10. ORDER ACCEPTANCE

Submitting an Order through our Website constitutes an offer to purchase.

Receipt of an Order confirmation email does not constitute acceptance of your Order.

Acceptance occurs only when your Order has been dispatched.

We reserve the right to refuse or cancel any Order including where:

  • payment cannot be verified;

  • fraudulent activity is suspected;

  • stock is unavailable;

  • pricing errors occur;

  • supply would breach applicable laws;

  • shipping restrictions apply.

11. PAYMENT

We accept payment using the payment methods displayed on our Website at the time of purchase.

All payments are processed securely through third-party payment providers. Australian Kava Co does not store complete credit card or debit card details on its own systems.

By submitting payment, you warrant that:

  • you are authorised to use the payment method provided;

  • the payment information supplied is accurate and current; and

  • sufficient funds are available to complete the transaction.

If a payment is declined or subsequently reversed, we may cancel or suspend the relevant Order until payment has been successfully received.

12. FRAUD PREVENTION

To protect our customers and our business, Australian Kava Co reserves the right to verify the identity of any customer or request additional information before dispatching an Order.

We may refuse or cancel an Order where we reasonably suspect:

  • fraudulent activity;

  • unauthorised use of a payment method;

  • identity theft;

  • resale in breach of these Terms; or

  • any unlawful activity.

Where an Order is cancelled for suspected fraud, any refund will be processed only after we have completed reasonable verification procedures.

13. SHIPPING

Australian Kava Co ships Products throughout Australia, except where prohibited by law or otherwise specified on our Website.

Delivery charges are displayed during checkout.

Estimated delivery timeframes are provided as a guide only. Estimated delivery times for standard postage is 2-6 business days. Estimated delivery times for express postage is 1-3 business days. 

While we make reasonable efforts to dispatch Orders promptly, delivery dates are not guaranteed.

Delays may occur due to factors outside our reasonable control, including:

  • courier delays;

  • severe weather;

  • natural disasters;

  • industrial action;

  • public holidays;

  • supplier disruptions; or

  • events beyond our reasonable control.

Australian Kava Co is not liable for delays occurring after an Order has been handed to the delivery carrier.

14. TITLE AND RISK

Ownership of Products passes to you once full payment has been received.

Risk of loss or damage passes to you upon delivery of the Products to the delivery address nominated in your Order.

Where you authorise delivery without a signature or request that goods be left unattended (“Authority to Leave”), risk passes immediately once the courier confirms delivery.

15. DELIVERY ADDRESS

Customers are responsible for ensuring that all delivery information supplied is complete and accurate.

Australian Kava Co is not responsible for delays, additional delivery charges or failed deliveries resulting from incorrect or incomplete delivery information provided by the customer.

Where an Order is returned to us because:

  • the delivery address was incorrect;

  • the parcel was unclaimed;

  • delivery was refused; or

  • the parcel could not be delivered due to customer error,

the customer may be required to pay additional shipping costs before the Order is re-dispatched.

16. LOST OR DAMAGED PARCELS

If a parcel is lost or damaged during transit, customers should notify Australian Kava Co as soon as reasonably possible.

We will work with the relevant courier to investigate the matter.

Customers agree to cooperate with any reasonable investigation conducted by the courier or Australian Kava Co.

Where a parcel is confirmed by the courier to have been delivered to the address provided, Australian Kava Co is not responsible for theft occurring after delivery.

Nothing in this clause limits any rights available under the Australian Consumer Law.

17. RETURNS

Australian Kava Co offers both statutory remedies under the Australian Consumer Law and a voluntary Change of Mind Returns Policy.

These are separate rights.

Your rights under the Australian Consumer Law are not limited by our voluntary returns policy.

18. AUSTRALIAN CONSUMER LAW RETURNS

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law.

Where a Product fails to comply with a consumer guarantee, you may be entitled to a repair, replacement or refund depending upon the nature of the failure.

Nothing in these Terms excludes or limits those statutory rights.

Where required by law, Australian Kava Co will reimburse reasonable return shipping costs associated with valid Australian Consumer Law claims.

19. CHANGE OF MIND RETURNS

In addition to your statutory rights, Australian Kava Co offers a voluntary Change of Mind Returns Policy.

Subject to the conditions below, unopened Products may be returned within five (5) days of delivery.

To qualify for a Change of Mind return:

  • the Product must remain unopened;

  • the Product must be unused;

  • the Product must be returned in its original packaging;

  • the Product must be received by Australian Kava Co in saleable condition.

Unless otherwise required by law, customers are responsible for all return shipping costs associated with Change of Mind returns.

Original shipping charges are non-refundable unless required by law.

Where permitted by law, payment processing fees actually incurred by Australian Kava Co may be deducted from voluntary Change of Mind refunds.

Australian Kava Co reserves the right to refuse Change of Mind returns that do not satisfy these requirements.

20. PRODUCTS THAT CANNOT BE RETURNED

For hygiene, food safety and quality assurance reasons, the following Products cannot be returned under the Change of Mind Returns Policy:

  • opened kava products;

  • Products with broken safety seals;

  • Products damaged through misuse;

  • Products altered after delivery;

  • clearance or final sale items where clearly identified prior to purchase.

This clause does not affect any rights available under the Australian Consumer Law.

21. ORDER CANCELLATIONS

Customers may request cancellation of an Order before dispatch.

Cancellation requests are not guaranteed and remain subject to our approval.

Where an Order has already been packed or dispatched, cancellation may not be possible.

Where a voluntary cancellation is accepted before dispatch, Australian Kava Co may deduct payment processing fees actually incurred where permitted by law.

No deduction will be made where prohibited by the Australian Consumer Law.

22. REFUNDS

Approved refunds will generally be processed using the original payment method.

Refund processing times vary depending upon the payment provider and financial institution.

Australian Kava Co is not responsible for delays caused by payment providers or financial institutions.

23. CHARGEBACKS

If you believe an error has occurred with your Order, we encourage you to contact Australian Kava Co before initiating a payment dispute or chargeback.

We are committed to resolving genuine customer concerns promptly and fairly.

Nothing in this clause prevents a customer from exercising any legal rights available under Australian law.

Where a chargeback is initiated fraudulently or without reasonable basis after Products have been supplied, Australian Kava Co reserves all legal rights available to recover the value of the Products supplied together with any associated costs permitted by law.

24. WEBSITE USE

By accessing or using our Website, you agree to use it only for lawful purposes and in accordance with these Terms.

You must not:

  • use the Website in any way that breaches applicable laws or regulations;

  • attempt to gain unauthorised access to our systems;

  • interfere with the operation, security or functionality of the Website;

  • introduce viruses, malware or other harmful code;

  • copy, reproduce, modify, distribute or exploit Website content without our written permission;

  • collect or harvest personal information from other users;

  • use the Website for fraudulent, misleading or deceptive purposes.

We reserve the right to suspend or restrict access to our Website where we reasonably believe a user has breached these Terms.

25. WEBSITE AVAILABILITY

We aim to ensure that our Website remains available and functional.

However, we do not guarantee that access to the Website will always be:

  • uninterrupted;

  • error-free;

  • secure;

  • available at all times.

We may temporarily suspend access to the Website for:

  • maintenance;

  • upgrades;

  • security reasons;

  • technical issues; or

  • other operational requirements.

We will not be liable for any loss arising from temporary Website interruptions except where liability cannot be excluded under applicable law.

26. INTELLECTUAL PROPERTY

All content contained on the Website, including but not limited to:

  • logos;

  • trademarks;

  • branding;

  • photographs;

  • product descriptions;

  • written content;

  • graphics;

  • designs;

  • videos;

  • website layout; and

  • other materials,

is owned by or licensed to Australian Kava Co.

You must not reproduce, modify, distribute, publish, sell, licence or commercially exploit any Website content without our prior written consent.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

27. CUSTOMER REVIEWS AND USER CONTENT

Australian Kava Co may allow customers to submit reviews, comments, photographs or other content (“User Content”).

By submitting User Content, you grant Australian Kava Co a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display and distribute that content for marketing, promotional and business purposes.

You represent that:

  • you own or have permission to submit the User Content;

  • the content is accurate and genuine;

  • the content does not infringe another person’s rights;

  • the content does not contain unlawful, misleading, defamatory or offensive material.

We reserve the right to remove User Content that we reasonably believe:

  • breaches these Terms;

  • is misleading or fraudulent;

  • is inappropriate;

  • infringes third-party rights; or

  • is otherwise harmful to our business or customers.

28. THIRD-PARTY LINKS AND SERVICES

Our Website may contain links to third-party websites, applications or services.

These links are provided for convenience only.

Australian Kava Co does not control and is not responsible for:

  • third-party websites;

  • their content;

  • their privacy practices;

  • their products or services;

  • their terms and conditions.

Your use of third-party websites is at your own risk and subject to the terms and policies of those third parties.

29. THIRD-PARTY PAYMENT PROVIDERS

Payments may be processed through third-party payment providers.

Your use of these payment services may be subject to additional terms imposed by those providers.

Australian Kava Co is not responsible for:

  • payment provider outages;

  • payment processing delays;

  • payment provider errors;

  • security incidents occurring within third-party payment systems.

30. PRIVACY AND PERSONAL INFORMATION

Your privacy is important to us.

Any personal information collected through your use of our Website is handled in accordance with our Privacy Policy.

By using our Website, you acknowledge that we may collect, use and disclose personal information as described in our Privacy Policy.

Our Privacy Policy forms part of these Terms.

31. KAVA-SPECIFIC INFORMATION AND RESPONSIBLE USE

Australian Kava Co supplies kava products intended for lawful adult consumption.

Customers acknowledge that:

  • kava is a naturally derived product;

  • individual experiences may vary;

  • kava should be consumed responsibly;

  • recommended usage instructions should be followed.

Australian Kava Co does not make any medical, therapeutic or disease-treatment claims regarding kava unless expressly permitted by applicable law.

Information provided on our Website regarding kava is general information only and should not be interpreted as medical advice.

Customers should seek independent professional advice before consuming kava if they have concerns regarding their individual circumstances.

32. COMPLIANCE WITH LAWS

You are responsible for ensuring that your purchase, possession, transport and use of kava complies with all applicable laws.

Australian Kava Co reserves the right to refuse, cancel or suspend Orders where we reasonably believe:

  • supplying the Product may breach applicable legislation;

  • the customer is not legally permitted to receive the Product;

  • the Order may involve unlawful activity.

33. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, Australian Kava Co does not guarantee that:

  • the Website will always be available;

  • Website information will always be complete, current or error-free;

  • Products will achieve any particular outcome or result;

  • information provided on the Website constitutes professional or medical advice.

Nothing in these Terms excludes any warranty, guarantee or right that cannot legally be excluded.

34. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Australian Kava Co excludes liability for any loss, damage, cost or expense arising from:

  • use of the Website;

  • inability to access the Website;

  • reliance on Website information;

  • delays outside our reasonable control;

  • misuse of Products;

  • failure to follow product instructions.

However, nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or any other applicable law.

Where liability cannot be excluded but may be limited, our liability will be limited to the maximum extent permitted by law.

35. INDEMNITY

You agree to indemnify and hold harmless Australian Kava Co, L&S Kissane Holdings Pty Ltd and their officers, employees, contractors and representatives from any claim, loss, liability, damage or expense arising from:

  • your breach of these Terms;

  • your unlawful use of the Website;

  • your misuse of Products;

  • your violation of another person’s rights;

  • your breach of applicable laws.

This indemnity does not apply to the extent that liability arises from Australian Kava Co’s breach of law or negligence.

36. FORCE MAJEURE

Australian Kava Co will not be liable for delays, failures or interruptions caused by circumstances beyond our reasonable control.

These events may include:

  • natural disasters;

  • floods;

  • fires;

  • storms;

  • pandemics;

  • government restrictions;

  • regulatory changes;

  • supplier failures;

  • transport disruptions;

  • industrial disputes;

  • technology failures.

Where such an event occurs, we will take reasonable steps to minimise disruption.

37. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be modified or removed only to the extent necessary.

The remaining provisions will continue to operate.

38. WAIVER

A failure or delay by Australian Kava Co to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.

39. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other policies published on our Website, form the entire agreement between you and Australian Kava Co regarding your use of our Website and purchase of Products.

These Terms replace any prior representations, agreements or understandings relating to the same subject matter.

40. CHANGES TO THESE TERMS

Australian Kava Co may update these Terms from time to time.

Any updated Terms will be published on our Website.

Changes apply from the date they are published.

Your continued use of the Website after updated Terms are published constitutes acceptance of those changes.

41. GOVERNING LAW

These Terms are governed by and interpreted in accordance with the laws of New South Wales, Australia.

You agree to submit to the courts exercising jurisdiction in New South Wales, Australia.

42. CONTACT INFORMATION

If you have any questions regarding these Terms, please contact:

Australian Kava Co
Trading name of L&S Kissane Holdings Pty Ltd

Email: contact@australiankava.com.au

Website: www.australiankava.com.au

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