Terms of service

Last updated: 31 July 2026

Please read these Terms of Service ("Terms") carefully before using the KittyCaps website (the "Site") or placing an order. By accessing or using the Site, you agree to be bound by these Terms.

"KittyCaps", "we", "us", and "our" refer to P.C Mckenzie & Z.A Nicoll, a partnership registered in Australia, trading as KittyCaps, located at 664 Malabar Rd, Maroubra, NSW 2035, Australia.

1. Acceptance of Terms

By accessing and placing an order with KittyCaps, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this Site.

We reserve the right to update, amend, or replace any part of these Terms at any time. Changes are effective immediately upon posting to the Site. It is your responsibility to check this page periodically for changes. Continued use of the Site after changes constitutes acceptance of the updated Terms.

2. Products & Product Information

KittyCaps sells pet accessories, primarily hats and headwear for cats and small pets. Our products are made from 100% polyester unless otherwise stated in the product description.

Product Descriptions

We make every effort to display product colours, dimensions, and details as accurately as possible. However:

  • Slight variations may occur due to monitor settings, screen calibration, and photography lighting.
  • Product dimensions are approximate. Please refer to sizing guides before purchase.
  • Product images are for illustrative purposes only.

Product Safety & Proper Use

Our products are designed for supervised use only.

  • Always supervise your pet when they are wearing any accessory, including KittyCaps products.
  • Remove the item immediately if your pet shows signs of distress, discomfort, or attempts to chew or swallow any part of the product.
  • Ensure proper fit. A product that is too tight may cause discomfort or restrict movement; a product that is too loose may pose an entanglement risk.
  • Our products are intended for calm, supervised photo opportunities or short periods of wear. They are not toys and are not designed for unsupervised play or extended wear.
  • Small parts (such as elastic bands, plastic clips, or decorative elements) may present a choking hazard if detached. Discontinue use immediately if any part of the product becomes damaged or detached.

KittyCaps is not liable for injury, illness, or death resulting from failure to follow product safety instructions, misuse of the product, or use with an unsuitable pet (e.g., an aggressive chewer or a pet that is too large for the product's size range).

Future Manufacturing

KittyCaps is planning to transition to in-house manufacturing in the near future. Product materials, dimensions, designs, and specifications may change during this transition. We will update product listings to reflect any material changes. Orders placed before a transition are subject to the product specifications current at the time of order.

3. Orders & Payments

Order Acceptance

By placing an order, you confirm that all information you provide (including your name, shipping address, email, and payment information) is accurate and complete.

We reserve the right to refuse or cancel any order at our discretion, including but not limited to:

  • Suspected fraudulent activity
  • Inventory unavailability
  • Errors in product pricing or description
  • Violations of these Terms

If your order is cancelled, we will notify you by email and issue a full refund to your original payment method.

Pricing

All prices are listed in Australian Dollars (AUD) and are inclusive of Australian Goods and Services Tax (GST) where applicable. For customers outside Australia, Shopify will automatically display prices in your local currency based on current exchange rates. Final charges at checkout may be processed in your local currency or AUD depending on your region and payment method.

We reserve the right to change prices at any time without notice. Prices displayed at the time of checkout are the prices that apply to your order.

Payment

Full payment is required at the time of purchase. We accept payment via Shopify Payments, which supports major credit cards, debit cards, Apple Pay, Google Pay, and other payment methods as available in your region.

Payment information is processed securely by Shopify in accordance with PCI DSS standards. KittyCaps does not store your complete payment card details.

4. Shipping & Delivery

Please refer to our Shipping Policy for complete information on processing times, delivery estimates, shipping costs, customs duties, and our lost order policy.

By placing an order, you acknowledge and accept the shipping terms and delivery estimates set out in our Shipping Policy.

5. Returns & Refunds

Please refer to our Refund Policy for complete information on refunds, replacements, and consumer rights.

By placing an order, you acknowledge and accept the refund terms set out in our Refund Policy.

6. User Accounts

You may create a customer account on the Site to save your details, track orders, and manage your wishlist. You are responsible for:

  • Maintaining the confidentiality of your account password
  • Restricting access to your account
  • All activity that occurs under your account

KittyCaps reserves the right to suspend or terminate your account and refuse service if we suspect unauthorised access, fraudulent activity, or breach of these Terms.

7. Intellectual Property

All content on this Site, including but not limited to text, images, photographs, graphics, videos, logos, illustrations, designs, icons, and software, is the property of P.C Mckenzie & Z.A Nicoll (trading as KittyCaps) or our licensors and is protected by Australian and international copyright and trademark laws.

The KittyCaps name, logo, and branding are registered or unregistered trademarks of P.C Mckenzie & Z.A Nicoll. You may not use our trademarks without our prior written consent.

The physical product designs sold on this Site are generic and not proprietary to KittyCaps. However, all website design, branding, product photography, and marketing content are our original intellectual property and may not be reproduced, distributed, or used without our written permission.

Please note that our products themselves may incorporate generic, non-proprietary designs sourced from international suppliers.

8. Prohibited Uses

You may not use the Site or our products for any unlawful purpose. Prohibited activities include but are not limited to:

  • Violating any applicable local, state, national, or international law or regulation
  • Transmitting malware, viruses, or any other malicious code
  • Attempting to gain unauthorised access to the Site or its systems
  • Interfering with the security or integrity of the Site
  • Using the Site to harass, abuse, or harm others
  • Submitting false or misleading information

9. Limitation of Liability

To the maximum extent permitted by applicable law:

  • KittyCaps is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or our products.
  • Our total liability to you for any claim arising from these Terms or your use of the Site or our products is limited to the amount you paid for the specific order that gave rise to the claim.
  • This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, etc.) and even if we have been advised of the possibility of such damages.
  • KittyCaps is not liable for damages resulting from your failure to follow product safety instructions, your misuse of a product, or your provision of incorrect information (e.g., wrong shipping address).

Nothing in these Terms purports to exclude or limit any statutory consumer guarantee or other non-excludable right you may have under the law of your jurisdiction.

10. Indemnification

You agree to indemnify, defend, and hold harmless KittyCaps (P.C Mckenzie & Z.A Nicoll), our officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of the Site or our products
  • Your violation of these Terms
  • Your violation of any third-party right, including intellectual property or privacy rights
  • Your failure to follow product safety instructions or misuse of our products

11. Dispute Resolution

If you have a concern or dispute, we encourage you to contact us first so we can attempt to resolve it informally. You can reach us at support@kittycaps.shop.

If we cannot resolve the dispute informally within 30 days, either party may escalate the matter to a mediator appointed by the Australian Disputes Centre (or another mutually agreed mediator).

If mediation is unsuccessful, the dispute will be resolved by binding arbitration under the Australian Centre for International Commercial Arbitration (ACICA) Rules. The seat of arbitration will be Sydney, New South Wales, Australia. The language of arbitration will be English.

Nothing in this clause prevents a party from seeking urgent interlocutory relief from a court.

12. Governing Law & Jurisdiction

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

For Australian customers, any disputes will be subject to the non-exclusive jurisdiction of the courts of New South Wales.

Important for EU/EEA and UK customers: Nothing in these Terms affects your mandatory consumer protection rights under the laws of your country of residence, including your 14-day right of withdrawal for distance sales and any statutory guarantees that cannot be excluded by contract.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.

14. Contact Us

If you have any questions about these Terms, please contact us:

P.C Mckenzie & Z.A Nicoll (trading as KittyCaps)
664 Malabar Rd, Maroubra, NSW 2035, Australia
Email: support@kittycaps.shop

Acknowledgement: By placing an order with KittyCaps, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Shipping Policy, our Refund Policy, and our Privacy Policy.