Terms and Conditions of Use

These “Terms and Conditions”, “Terms” or “Terms of Use” apply to all websites, subdomains and ecommerce platforms owned or operated by Wempy Dyocta Koto Pty Ltd. and its related companies and affiliates (together "Wempy Dyocta Koto"), including the following websites:

and any of their subdomains (collectively, the "Sites").

Your acceptance of these Terms of Use

Please read these Terms of Use and Wempy Dyocta Koto’s Privacy Policy carefully. By using the Sites, you agree to these Terms of Use, and you consent to the collection, use and disclosure of information as described in these Terms of Use and Wempy Dyocta Koto’s Privacy Policy. If you do not agree to these Terms of Use and Wempy Dyocta Koto’s Privacy Policy, you must exit the site immediately and discontinue any use of the Sites. If you continue to use the Sites, you will be deemed to have agreed to abide by each of the Terms of Use and the Wempy Dyocta Koto Privacy Policy. Wempy Dyocta Koto may update these Terms of Use at any time by posting updated Terms of Use on the Sites or by sending registered users an email notice of the changes. You should read the Terms of Use and the Wempy Dyocta Koto Privacy Policy regularly. If any modification is unacceptable to you, you must immediately cease using the Sites. If you do not cease using the Sites, you will be deemed to have accepted the change. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Wempy Dyocta Koto or its affiliates for other products or services. Your personal information will be collected, used, processed and disclosed in accordance with the Wempy Dyocta Koto Privacy Policy.

Liability

Wempy Dyocta Koto Pty Ltd does not accept liability for any loss or damages caused by this website, or any website linked to this website. Wempy Dyocta Koto Pty Ltd reserves the right to refuse or cancel an order at any time, giving fair reason (eg. not for personal use, technical error, fraudulent activity etc.). We will make all reasonable effort to contact the purchaser on the details provided with the order and all monies received will be refunded using the original payment method.

Terms of Sale

These Terms of Use do not apply to any online commercial transaction made on the Sites. All product sales from the Sites are governed by any terms of sale that may be posted on the relevant Site. You should refer to our “Terms of Sale” to learn more about applicable purchase terms and product warranties, our return policy, and our shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by our Terms of Sale. Our Terms of Sale are subject to change without prior notice at any time, in Wempy Dyocta Koto’s sole discretion, so you should review the Terms of Sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of the Sites.

Use and Restrictions

The sites may be accessed and used only by individuals who can form legally binding agreements under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites under applicable laws.

The sites are provided solely as a convenience to you for your non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations, and with these Terms of Use. While we use reasonable care and skill to ensure the Sites are free from defects and harmful code, internet services are subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software. Wempy Dyocta Koto is unable to make any warranties or representations that you will be able to access the Sites or that your access will be secure or uninterrupted.

You agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or any Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites; (f) other than for your use of the Sites as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any way; (g) create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Submissions or other information transmitted to or via the Sites; (h) use, frame or utilize framing techniques to enclose any Wempy Dyocta Koto trademark, logo, Content or other proprietary information (including the images found at the Sites, any text or the layout/design of any page or form contained on a page) without Wempy Dyocta Koto’s express written consent; (i) use any meta tags or any other “hidden text” utilising a Wempy Dyocta Koto name, trademark, or product name without Wempy Dyocta Koto’s express written consent; (j) defame, abuse, harass, use offensive, explicit or obscene language, or otherwise post a Submission not suitable for general viewing.

Wempy Dyocta Koto may terminate your permission to use the Sites if you have made any unauthorised use of the sites. You acknowledge and agree that your unauthorised use of the sites may also violate applicable laws including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

For the purposes of these Terms of Use, "Content" means, collectively, any text, images, graphics, software, source code, object code, apps, specifications, audio files, videos, articles, trademarks, logos and other information or content available through the Sites that are not Submissions (as that term is defined below), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.

Copyright

The Content on the Sites and the selection and arrangement thereof, are the sole property of Wempy Dyocta Koto and/or its licensors and are protected by copyright, trademark and other intellectual loop property laws and may not be used except in accordance with these Terms of Use or with Wempy Dyocta Koto’s express written consent. Other than as necessary for your use of the Sites in accordance with these Terms of Use, Wempy Dyocta Koto grants no other privileges or rights in the Content to you, and you must keep intact all copyright, trademark and other proprietary notices on the Content. Any Content owned by Wempy Dyocta Koto’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Sites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Wempy Dyocta Koto’s express prior written consent.

Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to Wempy Dyocta Koto or such marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Wempy Dyocta Koto. You may not remove or otherwise modify any trademark notices from any Content. The Marks, including Wempy Dyocta Koto are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws in Australia and various other jurisdictions around the world.

Cookies

The Sites may make use of cookies. Cookies are an industry standard and most major websites use them. A cookie is a small text file that is used as a means to remember your details. Cookies are designed to improve your experience of the Sites. In some cases, cookies may collect and store personal information about you. If you would like further information about cookies and how we use them, please refer to the Wempy Dyocta Koto Privacy Policy.

Your Account

If you establish an account with Wempy Dyocta Koto, you agree you are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password, unless such activities arise from Wempy Dyocta Koto’s negligence, willful misconduct, or breach of its obligations under the Privacy Policy or these Terms of Use. You agree to immediately notify Wempy Dyocta Koto of any unauthorised use of your password or account or any other breach of security by contacting us at the email address set out below. You acknowledge and agree that Wempy Dyocta Koto may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites, and all information relating to the use of the Sites under your account or account password if Wempy Dyocta Koto is required to do so by law or legal process or if Wempy Dyocta Koto determines, in its sole discretion, that such action is necessary to protect the rights of Wempy Dyocta Koto, third parties, and other users of the Sites or for purposes of responding to your request for customer service. Wempy Dyocta Koto’s right to disclose any such information shall govern over any terms of our Privacy Policy.

International Shipping

Wempy Dyocta Koto ships to most destinations around the world. If you can select your address at checkout, we can deliver to you. If your address can not be entered, please provide alternative address details. You can expect to receive your parcel within 5 business days of dispatch. Please note, our couriers are not able to deliver to PO Box addresses, so when placing your order please provide a physical postal address. We recommend international customers check with their country’s customs office prior to ordering, with regards to understanding importing costs that may be liable at your destination country. Our international shipping charges are transport costs only. Wempy Dyocta Koto does not accept any responsibility for customs delays, duties or taxes that may apply in the destination country.

Dispatch of Orders

Orders are normally dispatched within 3 business days of Order Confirmation, subject to all ordered items being in stock. If any items cannot be fulfilled from your order, we will contact you via email and offer an alternative solution or a refund.

Acceptance of Order

On receiving the order, the customer is responsible for inspecting the goods for fault or damage. Should the items ordered not be of acceptable quality, it is the customer’s responsibility to notify Wempy Dyocta Koto Pty Ltd, as soon as possible. Please see our Returns & Exchanges Policy for more information.

Electronic Communicationse

You consent to receive electronic communications from Wempy Dyocta Koto either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites.

Submissions

You acknowledge that you are responsible for any information that you submit, upload, post or otherwise make available on or through the Sites, including any product reviews, messages, opinions, comments, photos, videos and any other content or material you submit (each a "Submission"). You, and not Wempy Dyocta Koto, have full responsibility for each such Submission you make, including its legality, reliability and appropriateness. All Submissions must be appropriate for general viewing. Before making a Submission, you must ensure that you either own all intellectual property rights in that Submission or are otherwise in a position to grant a License (as defined below) to Wempy Dyocta Koto in relation to that Submission. You agree that Wempy Dyocta Koto is free to use a Submission for the purpose of providing you and others with use of the Sites and their functionality and providing you with the associated products and services, and you grant Wempy Dyocta Koto a non-exclusive, sub-licensable, transferable, perpetual, irrevocable, worldwide, royalty-free license ("License") to, in any media, whether known or not currently known or invented, use, link to, utilise, publicly perform, publicly display, communicate, reproduce, distribute, edit, adapt, modify, publish and prepare derivative works of the Submission. Wempy Dyocta Koto is under no obligation to treat Submissions as confidential or proprietary information except pursuant to Wempy Dyocta Koto’s Privacy Policy applicable to personally identifiable information. Subject only to the licenses granted in these Terms of Use, you retain ownership of any copyright or other intellectual property rights in your Submissions.

You agree not to upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party. You bear the burden of determining whether any material is protected by any such right. You will be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make. You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the Licenses to Wempy Dyocta Koto set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of a breach of these warranties in relation to any Submissions posted by you to or through the Sites.

Wempy Dyocta Koto reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites and/or (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Wempy Dyocta Koto determines is inappropriate or disruptive to the Sites or to any other user of the Sites. Wempy Dyocta Koto may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Wempy Dyocta Koto’s discretion, Wempy Dyocta Koto will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, or on the Internet.

Wempy Dyocta Koto takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Wempy Dyocta Koto is not required to monitor, police or remove any Submissions or other information submitted by you or any other user. If you are concerned about any particular content on our Sites, please contact us.

Modifications

Wempy Dyocta Koto may, in its sole discretion and without notice or any further obligation to you, temporarily suspend or permanently discontinue any and all current and future, access to or use of the Sites. Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you.

Your Consumer Rights

You may have rights under applicable consumer protection legislation, such as the Australian Consumer Law, which cannot be excluded, restricted or modified by these Terms of Use (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission, and Australian State and Territory fair trading authorities.

Links to Third Party Websites

The Sites may contain links to websites and other resources operated by third parties other than Wempy Dyocta Koto. Such links are provided solely as a convenience to you. Wempy Dyocta Koto does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Unless otherwise specified, the inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

Governing Law

These Terms of Use and the relationship between you and Wempy Dyocta Koto will be governed by the laws of New South Wales, Australia without giving effect to principles of conflict of laws of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.

Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles are for convenience only. The official language of these Terms of Use exclusively shall be English. All communications and agreements between Wempy Dyocta Koto and you, and any proceedings in connection with these Terms of Use and/or your use of the sites, exclusively shall be made in English. Wempy Dyocta Koto and you waive any rights we each may have under any other law to have these Terms of Use written in another language. Any translation of these Terms of Use will be for convenience only.

First Wear Terms & Conditions

To minimise skin to garment contact, where possible each piece you order will be delivered in our sealed eco-garment bags. Please note our First Wear Initiative does not apply to styles that are on sale. In regards to returns and exchanges, these are thoroughly assessed and any saleable pieces are either sent to our outlets, or placed in a clear sealed bag with no marketing message on it to clearly differentiate from First Wear pieces.

Wempy Dyocta Koto Social Media

Our social media pages aim to build an informed, intelligent, kind, courageous and curious global community. While we do our best to read and respond to as many comments as possible, please understand at times this may not be the case. If your enquiry is urgent or if you would like to discuss a matter further, please contact our Customer Care team via email at wempydyoctakoto@gmail.com.

User Generated Content

If you tag any captions or images with any of our brand social media handles or hashtags,(@wempydyoctakoto and #wempydyoctakoto) you are voluntarily submitting the content and give Wempy Dyocta Koto unrestricted right to use, in any capacity without limitation and compensation. You agree to be bound by these terms and conditions, and hereby:

Confirm that the Content is your original creation and not copied from third parties;
Acknowledge that your Content may appear on any Wempy Dyocta Koto media; and
Grant Wempy Dyocta Koto and its affiliates a non-exclusive, worldwide, transferable, royalty-free, irrevocable, perpetual right and licence without compensation to use your Content as set out in these Terms and Conditions;
Confirm that you have all the rights necessary to allow us to use your Content;
Confirm that the creation and use of your Content in any Wempy Dyocta Koto media or platform complies with all applicable laws and regulations;
Warrant that your Content does not infringe or otherwise violate the copyright, trademark, trade, privacy or other intellectual property or other rights of any third party and that your Content is free from viruses and other malware; and
Waive any moral rights you may have in your Content, such as any right you may have to be named as the author of the Content or to protect the integrity of your Content.
You give us your permission for us to redesign, archive, reproduce, disseminate, display, publicly perform and/or replay and make publicly accessible, as well as to cut and edit, adapt and modify your Content or any part of it.
If your Content is corrupted, inappropriate, illegible or otherwise not in accordance with these terms and conditions then we will not accept your Content.
You accept that we may choose not to use your Content or to remove your Content from any Wempy Dyocta Koto media or platform at any time. You agree that you will not receive any payment or other remuneration if we use your Content in any Wempy Dyocta Koto media, platform or properties.

Wempy Dyocta Koto, in its complete discretion, reserves the right to remove posts it considers offensive, irrelevant, hurtful or spam. Promotion for commercial services will be removed unless prior permission has been received, is an official Wempy Dyocta Koto partner or is a non profit organisation aligned with the values of Wempy Dyocta Koto.

Typographical Errors

In the event that an item(s) is listed at an incorrect price or with incorrect information, Wempy Dyocta Koto reserves the right to withdraw that item(s) from sale, and to refuse or cancel orders. Wempy Dyocta Koto will make all reasonable effort to contact the customer using the details provided and all received monies will be refunded using the method received.

Customer Ratings, Reviews and Questions & Answers

Wempy Dyocta Koto promotes a positive platform in order to build, support and empower our community. We publish product reviews on www.wempydyoctakoto.com to assist other consumers make informed selections on products that are constructive in feedback. Please understand we do not publish reviews that are abusive, unhelpful or against our philosophy. The following Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Wempy Dyocta Koto (the "CRR Service").

By submitting any content to Wempy Dyocta Koto, you guarantee that:

You are the sole author and owner of the intellectual property rights in the content;
All "moral rights" that you may have in such content have been voluntarily waived by you;
All content that you post is accurate;
You are at least 18 years old;
Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree that you may not submit any content:

That is known by you to be false, inaccurate or misleading;
That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
For which you were compensated or granted any consideration by any unapproved third party;
That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Wempy Dyocta Koto (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Wempy Dyocta Koto a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Wempy Dyocta Koto’s sole discretion. Wempy Dyocta Koto reserves the right to change, condense, withhold publication, remove or delete any content on Wempy Dyocta Koto’s website that Wempy Dyocta Koto deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Wempy Dyocta Koto does not guarantee that you will have any recourse through Wempy Dyocta Koto to edit or delete any content you have submitted. Ratings and written comments are generally posted within five business days. However, Wempy Dyocta Koto reserves the right to remove or to refuse to post any submission to the extent authorised by law. You acknowledge that you, not Wempy Dyocta Koto, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Wempy Dyocta Koto, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Please reach out to our Customer Care team via wempydyoctakoto@gmail.com should you wish to provide direct feedback on our product or brand. We welcome your communications.

Contact Us

You can contact us by emailing wempydyoctakoto@gmail.com

These Terms of Use were last updated on 1 June, 2024.