Terms of service
Last updated: 30 September 2026
OVERVIEW
Welcome to Enkays Collection.
Enkays Collection (“Enkays Collection”, “we”, “us” or “our”) is operated by Mehta Kandhari Group Pty Ltd (ABN 67 702 077 281).
We operate the Enkays Collection online store and website and provide clothing, accessories and related products and services to our customers (collectively, the “Services”).
Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.
These Terms of Service (“Terms”) govern your access to and use of our website and Services and your purchase of products from Enkays Collection.
Please read these Terms carefully before using our Services or placing an order.
By accessing or using our Services or purchasing products from us, you agree to these Terms together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies referenced in these Terms.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified, including rights available to consumers under the Australian Consumer Law.
1. ACCESS AND ACCOUNTS
You may browse our website without creating a customer account.
When placing an order, creating an account or otherwise using certain Services, you may be required to provide information including your name, email address, telephone number, billing information and shipping information.
You agree that information you provide to us will be accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.
You must notify us promptly if you believe your account has been accessed or used without your authorisation.
You must not use our Services for an unlawful or fraudulent purpose.
2. OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, photographs, colours, measurements, sizing information, prices and other information displayed on our website are accurate.
However, product colours and appearance may vary slightly depending on factors such as photography, lighting, your device, display settings and screen configuration.
Measurements and sizing information are provided as a guide. Where measurements are approximate, this will not affect any rights you may have under applicable law.
We may update product descriptions or other product information when reasonably necessary.
Products may be available in limited quantities. We may discontinue products or particular sizes, colours or styles at any time.
Nothing in this section limits your rights where a product does not correspond with its description, is not of acceptable quality, is not fit for an applicable disclosed purpose or otherwise fails to meet a consumer guarantee under the Australian Consumer Law.
3. AUSTRALIAN CONSUMER LAW
Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law, where that law applies.
These guarantees include requirements relating to acceptable quality, fitness for applicable disclosed purposes and correspondence with descriptions, samples or demonstrations where relevant.
If a product fails to comply with an applicable consumer guarantee, you may be entitled to a repair, replacement, refund, compensation or another remedy depending on the circumstances and the requirements of the Australian Consumer Law.
Nothing in these Terms, our Refund Policy or any other Enkays Collection policy is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
Our policies concerning voluntary or change-of-mind returns operate in addition to, and do not replace, your rights under the Australian Consumer Law.
4. ORDERS
When you submit an order through our website, you are making an offer to purchase the products in your order.
Receipt of an automated order acknowledgement does not necessarily mean that we have accepted your order.
An order is accepted when we confirm acceptance or otherwise process the order for fulfilment.
We reserve the right to decline or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- there is an obvious pricing, product or website error;
- payment cannot be authorised or processed;
- we reasonably suspect fraud or unauthorised activity;
- delivery cannot reasonably be made to the address provided; or
- we are unable to fulfil the order for another legitimate reason.
If we cancel an order after payment has been received, we will provide a refund of the amount paid for the cancelled product or order, as applicable.
Please check your order details carefully before submitting your order.
If you need to request a change or cancellation, contact us as soon as possible. We will make reasonable efforts to assist, but we may be unable to change or cancel an order once processing or dispatch has commenced.
5. PRICES AND PAYMENT
Unless otherwise stated, prices displayed on our Australian store are in Australian dollars (AUD).
Enkays Collection is not currently registered for Goods and Services Tax (GST). Accordingly, GST is not charged on our sales and is not included as a separate component of our product prices.
If our GST registration status changes in the future, our pricing and applicable tax information will be updated accordingly.
Shipping charges and any other applicable charges that are not included in the displayed product price will be shown before you complete your purchase.
For international orders, customs duties, import taxes or other government charges may apply depending on the destination country. Unless we expressly state otherwise, such charges are the customer's responsibility.
Prices, promotions and discounts may change from time to time. Any change will not affect an order that has already been accepted, except where permitted by applicable law or where an obvious pricing error has occurred.
We may offer promotional codes, sales or other special offers subject to additional conditions. Where specific promotional terms conflict with these Terms in relation to that promotion, the specific promotional terms will apply to the extent of the inconsistency.
You agree to provide accurate and current billing and payment information.
Payments may be processed by Shopify Payments, PayPal or other payment providers made available at checkout.
Your use of a third-party payment service may also be subject to that provider's terms and privacy policy.
6. SHIPPING AND DELIVERY
We will arrange delivery to the shipping address provided with your order.
Please ensure that your delivery information is complete and accurate before submitting your order.
Shipping charges and available delivery options will be displayed during checkout where applicable.
For customers in selected postcodes, we may offer local delivery by an authorised member of the Enkays Collection team. Local delivery availability, charges and applicable arrangements are described at checkout and in our Shipping & Delivery Policy. Where local delivery requires an agreed delivery time, we will contact you to arrange the delivery before it is made.
Delivery dates and timeframes provided on our website, at checkout or in order communications are estimates unless expressly stated otherwise.
Delivery times may be affected by circumstances outside our reasonable control, including carrier delays, severe weather, public holidays, customs processing, industrial action or other disruptions.
If we become aware of a significant delay affecting your order, we will take reasonable steps to keep you informed where practicable.
If your parcel is lost, damaged, incorrectly delivered or materially delayed, please contact us so that we can investigate the matter with the relevant carrier and provide any remedy required under applicable law.
Nothing in this section excludes or limits any rights or remedies available to you under the Australian Consumer Law.
For further information, please refer to our Shipping Policy.
7. RETURNS, EXCHANGES AND REFUNDS
Returns, exchanges and refunds are handled in accordance with our Refund Policy and your rights under the Australian Consumer Law.
Our Refund Policy may provide additional rights for change-of-mind returns or exchanges. Any conditions applying specifically to voluntary change-of-mind returns will be stated in that policy.
Nothing in our Refund Policy or these Terms limits any rights or remedies available to you where a product fails to comply with an applicable consumer guarantee.
8. PRODUCT AVAILABILITY
Products, sizes, colours and quantities displayed on our website are subject to availability.
Because some Enkays Collection products may be offered in limited quantities or small batches, an item may become unavailable after being displayed on our website.
We will take reasonable steps to maintain accurate inventory information.
If an item becomes unavailable after you place an order and we cannot fulfil the order, we will notify you and refund the amount paid for the unavailable item.
9. INTELLECTUAL PROPERTY
Unless otherwise indicated, the content made available through the Enkays Collection website, including our brand name, logos, product names, photographs, graphics, videos, text, website design and other original content, is owned by or licensed to Enkays Collection and is protected by applicable Australian and international intellectual property laws.
You may access and use our website for your personal, non-commercial use.
Except where permitted by law, you must not reproduce, copy, distribute, modify, publish, commercially exploit or create derivative works from our content without our prior written permission.
Nothing in these Terms transfers ownership of any intellectual property rights to you.
The Shopify name, trademarks and related intellectual property belong to Shopify or its licensors.
Third-party trademarks appearing on our website remain the property of their respective owners.
10. THIRD-PARTY TOOLS AND SERVICES
Our Services may provide access to functionality, payment methods, applications or other services supplied by third parties.
We do not control all aspects of third-party services.
Your use of a third-party service may be subject to separate terms, conditions and privacy policies imposed by the relevant provider.
To the extent permitted by law, we are not responsible for the operation of third-party services that are outside our reasonable control.
Nothing in this section excludes liability that cannot lawfully be excluded.
11. THIRD-PARTY LINKS
Our website may contain links to websites, social media platforms or services operated by third parties.
These links are provided for convenience and do not necessarily mean that we endorse the third-party website, service or its content.
We are not responsible for the content, availability, privacy practices or security practices of third-party websites that we do not control.
If you visit a third-party website, you should review its applicable terms and privacy policy.
12. RELATIONSHIP WITH SHOPIFY
Enkays Collection is powered by Shopify, which provides the ecommerce platform that enables us to provide our online Services.
However, purchases of Enkays Collection products are transactions between you and Enkays Collection, operated by Mehta Kandhari Group Pty Ltd, rather than purchases from Shopify.
To the extent permitted by applicable law, Shopify is not responsible for the products sold by Enkays Collection or for claims arising solely from the sale of those products by Enkays Collection.
Nothing in this section excludes or restricts any rights or remedies that cannot lawfully be excluded or restricted.
13. PRIVACY
We collect, hold, use and disclose personal information in accordance with our Privacy Policy and applicable privacy laws.
Because our online store is powered by Shopify, Shopify also collects and processes certain personal information in connection with your access to and use of our online store.
Please review our Privacy Policy for information about:
- the personal information we collect;
- how we use and disclose that information;
- Shopify's role;
- cookies and similar technologies;
- overseas processing;
- security and retention;
- your privacy rights; and
- how to contact us about a privacy matter.
14. REVIEWS AND FEEDBACK
If you voluntarily submit a product review, photograph, comment, suggestion or other feedback (“Feedback”), you represent that you have the right to provide that material.
You grant Enkays Collection a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display your Feedback for purposes connected with operating, improving and promoting Enkays Collection and our products.
This may include displaying genuine customer reviews on our website or marketing channels.
We will not knowingly alter a customer review in a way that materially misrepresents the customer's opinion.
You must not submit Feedback that:
- infringes another person's intellectual property or other rights;
- contains unlawful, defamatory, threatening or abusive material;
- contains malicious software;
- contains personal information about another person without appropriate authority; or
- is deliberately false or misleading.
We may moderate or remove Feedback where reasonably necessary, including where it violates these Terms or applicable law.
15. ERRORS AND INACCURACIES
Despite our reasonable efforts, our website may occasionally contain typographical errors, technical errors, inaccurate product information or other mistakes.
We may correct genuine errors and update website information when reasonably necessary.
If an error materially affects an order you have already placed, we will contact you where appropriate and provide any options or remedies required under applicable law.
Nothing in this section permits us to avoid obligations arising under the Australian Consumer Law.
16. PROHIBITED USES
You must not use our website or Services:
- for an unlawful or fraudulent purpose;
- to infringe our intellectual property rights or the rights of another person;
- to introduce viruses, malware or other harmful technology;
- to attempt to gain unauthorised access to our systems or another user's account;
- to interfere with the security or proper operation of our website;
- to collect personal information about other users without lawful authority;
- to impersonate another person or misrepresent your identity;
- to transmit spam or other unauthorised commercial communications;
- to conduct unauthorised scraping or automated extraction that materially interferes with our Services or infringes our rights; or
- to circumvent technical measures designed to protect the security or operation of our Services.
We may restrict or suspend access to our Services where we reasonably believe these Terms have been materially breached or where necessary to protect our website, customers or business.
17. SUSPENSION AND TERMINATION
You may stop using our Services at any time.
We may suspend or terminate access to an account or part of our Services where reasonably necessary, including where:
- these Terms have been materially breached;
- we reasonably suspect fraudulent or unlawful activity;
- continued access creates a security risk; or
- suspension or termination is required by law.
Termination does not affect rights or obligations that arose before termination.
Provisions which by their nature are intended to continue after termination, including provisions concerning intellectual property, liability and governing law, will continue to apply.
18. WEBSITE AVAILABILITY
We aim to keep our website and Services available and functioning properly, but we cannot guarantee uninterrupted or error-free access.
Our website may occasionally be unavailable because of maintenance, technical issues, third-party service disruptions or circumstances outside our reasonable control.
To the maximum extent permitted by law, we do not guarantee that every website function will always be available, uninterrupted or free from technical errors.
Nothing in this section excludes any statutory guarantee or other right that cannot lawfully be excluded.
19. WARRANTIES AND CONSUMER GUARANTEES
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy provided by the Australian Consumer Law or another applicable law that cannot lawfully be excluded, restricted or modified.
Except for rights and guarantees that cannot lawfully be excluded, and any express promises made by Enkays Collection, we do not provide additional warranties regarding the operation or availability of our website.
Any limitations in these Terms apply only to the extent permitted by law.
20. LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies our liability where doing so would be unlawful, including liability arising from consumer guarantees or other rights under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
Subject to the above and to the maximum extent permitted by law, Enkays Collection is not liable for indirect, incidental, special or consequential loss arising from circumstances outside our reasonable control or from use of the Services where such liability may lawfully be excluded.
Any exclusion or limitation of liability in these Terms applies only to the extent permitted by applicable law.
Nothing in these Terms is intended to exclude liability for fraud, fraudulent misrepresentation or any other liability that cannot lawfully be excluded.
21. INDEMNITY
To the extent permitted by law, you are responsible for loss reasonably suffered by Enkays Collection as a result of your unlawful use of the Services, your material breach of these Terms or your infringement of another person's rights.
This section does not require you to indemnify us for loss caused by our own negligence, unlawful conduct or breach of applicable law.
Nothing in this section limits any rights you have under the Australian Consumer Law or other applicable laws.
22. SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue to apply to the extent permitted by law.
23. WAIVER
If we do not immediately exercise or enforce a right under these Terms, that does not mean that we have waived that right.
A waiver of one right or breach does not automatically constitute a waiver of another right or subsequent breach.
24. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies expressly incorporated into these Terms, constitute the agreement governing your use of our Services and purchases from us.
Nothing in this section excludes representations, rights or remedies that cannot lawfully be excluded, including rights under the Australian Consumer Law.
25. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent where such consent is reasonably required.
We may transfer our rights or obligations in connection with a legitimate sale, restructuring or transfer of our business, subject to applicable law and without reducing any non-excludable rights you have.
26. GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia.
Subject to any rights you may have under applicable consumer law concerning jurisdiction or where proceedings may be brought, you and Enkays Collection submit to the jurisdiction of the courts of Victoria and the Commonwealth of Australia.
Nothing in this section limits any right you may have under applicable law to bring a claim in another court or tribunal where that right cannot lawfully be restricted.
27. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our business, Services, policies, technology or legal and regulatory requirements.
The current version of these Terms will be published on our website together with the date it was last updated.
Where required by applicable law, we will provide appropriate notice of material changes.
Changes to these Terms will not retrospectively remove or reduce rights relating to an order already accepted where doing so would be unlawful.
28. CONTACT INFORMATION
If you have questions about these Terms, an order or our Services, please contact us:
Enkays Collection
Operated by Mehta Kandhari Group Pty Ltd
ABN: 67 702 077 281
Email: enkaysau@gmail.com
Phone: +61 435 000 972
For matters relating to returns and refunds, please also refer to our Refund Policy.
For information about how we handle personal information, please refer to our Privacy Policy.