Terms of service.

Terms of Service

Effective Date: 03 December 2025

1. Who We Are

This website (the “Site”) is owned and operated by [Studio Kyhala], based in Victoria, Australia (“Studio Kyhala”, “we”, “us”, or “our”).

We design and sell custom-printed wallpaper and related products that are manufactured and shipped from within the United States and are currently only available to customers with a shipping address in the United States.

Our details;

  • ABN: [insert ABN]

  • Email: hello@kyhala.com

By accessing or using this Site, placing an order, or otherwise interacting with us online, you (“you”, “your”, “customer”) agree to be bound by these Terms of Service (“Terms”), together with any additional terms, policies or disclaimers referred to in them (including our Privacy Policy).

If you do not agree with these Terms, you must not use the Site or purchase from us.

2. Eligibility & No Minors

By using the Site, you confirm that you:

  • Are at least 18 years of age (or the age of legal majority in your state), and

  • Have the legal capacity to enter into a binding contract, and

  • Are purchasing for personal or professional use, not for unlawful or unauthorised resale.

You must not use our products or services for any illegal or unauthorised purpose, or in any way that violates applicable laws in your jurisdiction.

3. Changes to These Terms

We may update or change these Terms from time to time to reflect business, legal, or operational changes. When we do, we will post the updated Terms on this page with a revised “Effective Date”.

Your continued use of the Site after any change constitutes your acceptance of the updated Terms. If you do not agree with the changes, you should stop using the Site and not place further orders.

4. Online Store & Account

You may be able to create an account to streamline ordering. If you choose to do so:

  • You must provide accurate, current, and complete information.

  • You are responsible for maintaining the confidentiality of your login details and for all activity under your account.

  • We reserve the right to suspend or cancel your account if you breach these Terms or we reasonably suspect misuse.

You may also purchase as a guest without creating an account.

We reserve the right to refuse service to anyone, at any time, for any lawful reason (for example suspected fraud, abusive behaviour, or orders for resale).

5. Products, Design & Samples

5.1 Custom-Printed, Made-to-Order

All wallpaper and other printed products are custom-printed on demand when you place your order. This means:

  • There may be slight variations in colour, scale, or pattern placement between batches and between what you see on screen and the printed product, due to monitor settings and the nature of digital printing.

  • Minor variations are not considered faults.

5.2 Samples

We strongly recommend ordering a sample before committing to full rolls or panels.

By placing an order without first ordering a sample, you acknowledge and agree that:

  • You are accepting the risk that the colour, scale, or texture may differ from how it appears on your device; and

  • You will not be entitled to a refund or replacement solely because the product does not suit your space, décor, lighting, or personal preference.

5.3 Installation & Site Conditions

  • We recommend professional installation for all wallpaper products.

  • It is your responsibility (and/or your installer’s) to:

    • Check each roll/panel for visible defects, colour consistency, and correct quantities before cutting or hanging.

    • Ensure your walls are properly prepared, clean, dry, smooth, and suitable for the chosen wallpaper type.

  • We are not responsible for:

    • Damage caused by incorrect installation, unsuitable wall surfaces, moisture or mould issues, building movement, or use of the wrong adhesive.

    • Costs associated with installation, removal, redecoration, labour, or consequential damage.

If you or your installer notice a defect, stop work and contact us before continuing. Once the product has been cut, installed, or otherwise altered, we may not be able to offer a remedy.

6. Pricing, Currency & Payment

  • All prices on the Site are listed in United States Dollars (USD) unless clearly stated otherwise.

  • We reserve the right to change prices at any time. Changes will not affect orders that have already been accepted and paid in full.

  • You are responsible for any currency conversion or bank charges applied by your payment provider.

We use trusted third-party payment processors to handle transactions securely. By purchasing from us, you agree to:

  • Provide current, complete, and accurate billing and contact information; and

  • Authorise us (and our payment providers) to charge your selected payment method for the total order amount, including any applicable taxes and shipping.

We may refuse or cancel an order if:

  • Payment is not successfully authorised;

  • We suspect fraud, unauthorised use, or violation of these Terms; or

  • A pricing or listing error has occurred.

7. Shipping & Delivery (USA Only)

7.1 Shipping Area

We only ship within the United States. Orders placed with a shipping address outside the USA may be cancelled and refunded.

7.2 Fulfilment & Production

  • All products are made to order and printed and shipped from within the USA using third-party manufacturing and fulfilment partners.

  • Production times can vary depending on order volume and product type. Any timeframes provided on the Site are estimates only and are not guaranteed.

7.3 Delivery & Risk

  • Once your order has shipped, delivery time will depend on the carrier and your location.

  • Risk of loss or damage to the products passes to you when the order is delivered to the shipping address you provided, or to the carrier where the law deems that appropriate.

  • Please ensure your shipping address is complete and accurate. We are not responsible for delayed, lost, or misdelivered orders due to incorrect or incomplete address details provided by you.

7.4 Damaged or Missing Items in Transit

If your order arrives damaged, or items appear to be missing:

  • Please take clear photographs of the packaging and the products; and

  • Contact us in writing at [insert email] within 7 days of delivery with your order number and photos.

We will investigate with our fulfilment partner and, where appropriate, offer a replacement or other remedy as set out in these Terms.

8. Order Changes, Cancellations & “Change of Mind”

8.1 Custom-Printed, Final Sale

Because our products are custom printed on demand specifically to fulfil your order:

  • All sales are final.

  • We do not offer refunds, returns, or exchanges for:

    • Change of mind or personal preference;

    • Ordering the wrong size, quantity, or colourway;

    • Over-ordering or under-ordering;

    • Failure to order a sample.

8.2 Cancelling or Amending Orders

Once an order is placed and payment is processed, it is usually sent to production quickly.

  • You may not be able to cancel or change your order after it has been placed.

  • If you contact us immediately after ordering, we will do our best (but cannot guarantee) to request a change or cancellation with our production partner.

  • If production has already commenced, the order cannot be cancelled or amended, and no refund will be available.

9. Defective, Incorrect or Misdescribed Products

We want you to be happy with the quality of your order. In line with applicable consumer laws:

We will repair, replace or refund where an item:

  • Has a major defect that was not caused by misuse or improper installation;

  • Is significantly different from the description or sample you ordered; or

  • Is the wrong item or quantity due to our error.

If you believe your product is defective or incorrect:

  1. Do not cut or install the wallpaper.

  2. Contact us in writing at [insert email] within 7 days of delivery, including:

    • Your order number;

    • Clear photographs of the issue (including batch labels if applicable);

    • A description of the problem.

We may ask you to return or dispose of the product according to our instructions. Where a defect is confirmed, our preferred remedy is to replace the affected product. In some circumstances we may offer a refund or partial refund at our discretion.

Nothing in these Terms is intended to exclude or limit any non-excludable consumer guarantees or other rights you may have under the Australian Consumer Law or other mandatory consumer protection laws that apply. Where such rights cannot be excluded, our liability is limited to the fullest extent allowed by law.

10. Intellectual Property

All designs, artwork, photographs, logos, text, and other content on the Site (“Content”) are owned by or licensed to Studio Kyhala and are protected by copyright, trade mark, and other intellectual property laws.

You must not:

  • Copy, reproduce, modify, distribute, publish, or create derivative works from any Content;

  • Use any of our designs or artwork to create new products, competing designs, or for commercial resale;

  • Use our trademarks, branding, or imagery without our prior written permission.

Purchasing a product does not transfer any intellectual property rights to you. You are granted a limited, non-exclusive licence to use the physical products for personal or professional interior use (e.g. installing wallpaper), but not to reproduce the designs.

If you wish to license our artwork for commercial use (e.g. product lines, branding, or reproduction), please contact us for a separate licensing agreement.

11. User-Generated Content & Social Media

If you:

  • Tag us on social media (for example @studiokyhala),

  • Use our branded hashtags (for example #studiokyhala), or

  • Share content with us directly (such as photos, reviews or messages),

you grant us a non-exclusive, royalty-free, worldwide licence to:

  • Repost, share, edit (for formatting only), and display that content on our Site, social media channels, newsletters, and marketing materials;

  • Use your first name, social media handle, and/or location in connection with the content, where appropriate.

We will always aim to credit you where reasonably possible. If you would like your image removed from our channels, please contact us and we will action your request within a reasonable time.

You confirm that:

  • You own the content you share or have permission to share it; and

  • Your content does not infringe the rights of any third party or contain unlawful, defamatory, or offensive material.

12. Mailing List & Marketing Communications

If you subscribe to our newsletter or provide your email address during checkout, you may receive emails about:

  • New collections and designs;

  • Special offers or promotions;

  • Blog posts, styling inspiration, or other updates.

You can unsubscribe at any time by:

  • Clicking the “unsubscribe” link in our emails; or

  • Contacting us at [insert email] and requesting removal.

We do not sell your personal information to third parties. Use of your personal data is governed by our Privacy Policy.

13. Third-Party Services & Links

Our Site may contain links to third-party websites, services or tools (for example: payment processors, printing and fulfilment partners, or social media platforms).

We do not control and are not responsible for:

  • The content, privacy practices, or terms of those sites; or

  • Any loss or damage arising from your use of third-party sites, services, or tools.

You use third-party services at your own risk and should review their terms and policies.

14. Prohibited Uses

You must not use the Site or our products:

  • For any unlawful purpose or to encourage others to engage in unlawful acts;

  • To violate any applicable local, state, federal, or international law or regulation;

  • To infringe upon our intellectual property or the rights of others;

  • To upload or transmit viruses, malicious code, or anything that may damage or interfere with the Site or another user’s experience;

  • To engage in data scraping, automated collection, or similar activities;

  • To harass, abuse, defame, intimidate, or discriminate against any person; or

  • In any way that could damage, disable, overburden, or impair the Site or our systems.

We reserve the right to terminate your access to the Site or refuse orders if we reasonably believe you are misusing our services.

15. Warranties, Disclaimers & Information on the Site

The Site and its Content are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we do not make any guarantees or warranties that:

  • The Site will be uninterrupted, secure, or free from errors or viruses;

  • Any information on the Site is complete, accurate, or up to date at all times;

  • Our products will be suitable for your specific space, lighting, walls, or intended use.

All styling advice, installation tips, blog posts, and other information are of a general and informational nature onlyand do not replace professional advice (such as advice from a qualified installer, builder, decorator, or legal/financial professional). You are responsible for determining whether our products are appropriate for your particular project.

Nothing in this clause limits any non-excludable rights or remedies available to you under applicable consumer laws.

16. Limitation of Liability

To the fullest extent permitted by law:

  • We are not liable for any indirect, incidental, consequential, special or punitive damages, including loss of profit, loss of opportunity, or damage to reputation, arising out of or in connection with your use of the Site or purchase/use of our products.

  • Our total aggregate liability to you for any loss or damage arising out of or in connection with these Terms, the Site, or our products is limited to the amount you actually paid to us for the product or service giving rise to the claim.

This limitation does not apply to:

  • Our liability for fraud, fraudulent misrepresentation, or wilful misconduct; or

  • Any liability which cannot be excluded or limited under applicable law.

Where the Australian Consumer Law or other mandatory consumer laws apply, and our liability cannot be excluded but can be limited, our liability is limited to (at our option):

  • Replacement of the goods or supply of equivalent goods; or

  • The cost of replacing the goods or acquiring equivalent goods.

17. Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold harmless Studio Kyhala and our officers, employees, contractors, and agents from and against any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising out of:

  • Your breach of these Terms;

  • Your misuse of the Site or products; or

  • Your infringement of any third-party rights.

18. Governing Law & Jurisdiction

These Terms, and any dispute arising out of or in connection with them, are governed by the laws of Victoria, Australia, and, where applicable, the laws of the Commonwealth of Australia.

You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts that may hear appeals from those courts.

If you are a consumer located in the United States, you may also have mandatory rights under the consumer protection laws of your state. Nothing in these Terms is intended to override any mandatory local consumer protections that cannot be excluded by law.

19. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible and, where necessary, deemed severed from these Terms. The remainder of the Terms will remain in full force and effect.

20. Assignment

We may assign, transfer, or subcontract our rights and obligations under these Terms at any time without prior notice to you. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

21. Entire Agreement

These Terms, together with our Privacy Policy and any additional notices or product-specific terms provided at checkout, constitute the entire agreement between you and us regarding the Site and your purchases from us.

Any prior agreements, understandings, or representations (whether oral or written) are superseded by these Terms.

22. Contact Us

If you have any questions about these Terms or your order, please contact us at:

  • Email: hello@kyhala.com

  • Website: www.kyhala.com