Website Terms of Sale
1 ABOUT THESE TERMS
1.1 These terms were last updated on 30th May 2017
1.2 The following terms constitute an agreement between you and Kidtritious Pty Ltd (ACN 158 117 223) (Kidtritious) and govern your purchases from our business, including from our Website.
1.3 Please note that we offer the Website without warranties of any kind to the greatest extent permissible under the Australian Consumer Law or any other applicable laws, regulations or rules.
1.4 These terms and any supplemental terms and conditions, policies, rules and guidelines posted on the Website supersede all previous agreements between you and us relating to your purchasing of goods or services from us, including from our Website.
2 CHANGES TO THESE TERMS AND CONDITIONS
2.1 We may change these terms at any time to add, change or discontinue any of our offerings, products or services.
2.2 Any changes to the terms and conditions will be posted on the Website. Your continued usage of our Website after the changes take effect signifies your agreement to the new terms.
3 Personal Use
3.1 You acknowledge that all products that you order through this Website are intended for personal, domestic, non-commercial use only.
4 PRICING & PRODUCT AVAILABILITY
4.1 Prices are subject to change without notice.
4.2 All prices include GST.
4.3 Except for subscriptions, all prices exclude delivery costs.
4.4 Unless stated otherwise, the prices of goods, delivery and other charges shown on the Website are in Australian dollars.
4.5 Some of the products and offers available on our Website are subject to availability.
4.6 Please check the availability of the item(s) you wish to purchase. While all items are promoted in good faith to be available at the time the order is received, unforeseen supply issues or unexpected demand may occasionally result in stock being unavailable.
4.7 If any items ordered are out of stock, we reserve the right to supply you with less than the quantity ordered of any item and to place a back order with our suppliers to provide you with the product(s) you have ordered.
4.8 We may also decline an order of an amount of products which we consider to be a commercial quantity of products.
5.1 You are responsible for all orders placed, including for any errors in your order caused by you.
5.2 When making an order, you must follow the instructions on the Website as to how to make the order if relevant.
5.3 The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
5.4 After you have placed an order with us, you will receive a confirmation email that we have received your order.
5.5 This confirmation is not a guarantee of availability nor does it signify our acceptance of your order or our offer to sell you the products the subject of the offer.
5.6 We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
5.7 If you wish to purchase products from us for the purposes of reselling, please contact us to discuss how we can assist you.
6.1 We ship Australia wide and to selected international destinations.
6.2 Standard and express shipping are subject to different fees and charges. All shipping charges will be made available to you at the time of checkout.
6.3 Please note that we utilise third party delivery services and cannot provide any warranty or guarantee as to timing of the delivery or that damage will not be caused to your order during the delivery of any products you order from our Website.
6.4 You should consider purchasing shipping insurance to cover any loss or damage to your order.
6.5 Please take care to ensure the accuracy when entering the delivery address for your order. We are unable to redirect parcels once they have left our fulfilment centre.
6.6 For delivery to a company address or workplace, the company name and suite, floor and level must be included in the address details.
6.7 Delivery times on the Website relate to the delivery service and do not include dispatch time. The times on the Website are estimations only.
6.8 If multiple items are ordered and only one or some of the items are available for dispatch, we will not dispatch your order until all ordered items are available.
6.9 You may grant us an ‘authority to leave’ when placing your order. If you do, you understand and agree that this authority to leave gives us or the third party delivery service permission to leave the order at an unattended or an unsecure location without obtaining a signature confirming delivery.
6.10 Where you provide us with an ‘authority to leave’, you agree to release and hold us harmless from any claim arising in connection with our shipping services following such special instructions.
6.11 A signature may be required for some deliveries, in which case you are responsible for ensuring you are able to accept delivery.
6.12 In respect of some international orders and deliveries, additional identification may be required prior to your order being processed or dispatched. We reserve the right to request additional information for this purpose.
6.13 Any additional local customs or duties for international orders must be paid for by the recipient.
6.14 Where an order is returned to us as unclaimed, refused or incorrectly addressed, we will contact you by email for further instruction. Additional charges will apply to have these orders resent.
6.15 If, within 14 days of our first attempt to deliver the product to you, no further instruction is received from you, delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the product from the carrier then we may do either or both of the following:
(a) charge you for our storage fees and other costs reasonably incurred by us; or
(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable order, in which case we will refund to you any money paid to us, less our reasonable administration charges, storage fees and shipping costs.
6.16 We reserve the right to adjust delivery costs for large orders. You will be contacted and asked to accept the additional charges prior to your order being dispatched. If the charges are not acceptable, you may cancel the order at any time prior to dispatch.
7 CHANGE OF MIND RETURNS
7.1 We do understand that sometimes for whatever reason you may wish for a refund or exchange of your goods.
7.2 We have structured our returns policy to be very flexible allowing you to shop with confidence.
7.3 We allow refunds or exchanges for any change of mind purchases (except for subscriptions) if you return the product to us within 30 calendar days from the date of shipment. Please follow these steps when returning any product to us:
(a) Please complete the Returns Form which you will find by clicking here
(b) Each product returned must be in original condition, unworn, unopened, unused and undamaged;
(c) Each product must have all tags attached (if relevant) and in all of the original packaging; and
(d) When returning the goods, please include a copy of your invoice and any returns reference provided to you.
7.4 Occasionally, some products may be excluded from the change of mind return policy. The exclusion will be noted on the product on our Website.
7.5 In respect of any subscription services purchased, we allow refunds or exchanges for change of mind purchases:
(a) If you complete and submit a Returns Form within 7 days from the date of purchase; or
(b) if an individual subscribes to the online program within 28 days prior to the individual’s school subscribing to the same program and a refund or exchange is requested within that calendar year with adequate proof that the individual is a student of the subscribing school.
7.6 We will contact you upon receipt of your Returns Form about further steps and information to return the goods.
7.7 A refund or exchange will not be processed unless and until the item(s) are returned to us and we inspect the products. You must return the items at your own expense.
7.8 Delivery and packaging charges are not refundable for change of mind refunds. Additional delivery charges will apply for exchange.
7.9 We are not responsible for damaged, lost or stolen return deliveries.
7.10 Refunds or exchanges are not available on sale items.
7.11 Where a refund is issued on an order containing a promo code, the refund will only match the amount tendered.
7.12 Our change of mind policy is offered in addition to any rights you may have under the Australian Consumer Law.
8 DEFECTIVE GOODS
8.1 If you have received a product with a defect, please complete and submit as soon as possible a Faulty Goods Form which you will find by clicking here
8.2 We will contact you upon receipt of your Faulty Goods Form to guide you through the returns process and help resolve the problem. In order to assist us, you may be required to send us images of the damage, defect or issue for preliminary assessment.
8.3 You will be asked to return the goods at your own expense, to be reimbursed with a mutually agreed postage charge, after the arrival of the goods at our fulfilment centre, and presentation of a receipt showing the postage amount.
8.4 If the product is confirmed to have a defect, we will replace the product or refund the price of the product.
9 PAYMENT METHODS
9.1 We accept payment via MasterCard, Visa and Paypal.
9.2 We utilise Paypal’s secure gateway to process all transactions.
9.3 We are unable to process sales on account, nor accept payment via direct bank deposit.
9.4 Your correct billing address, telephone number and other details as requested are required. If these do not match the address and phone number your credit card issuer has on file for you then delays in your order may arise.
9.6 Providing incorrect information during the ordering process may cause a delay in us processing your order.
9.7 To protect the security of your credit card details we do not store credit card details.
9.8 Payment is taken as soon as your order is placed. If, for whatever reason, the products are not available, a refund will be arranged.
9.9 If a surcharge is applicable to any credit card we will endeavour to include notice of this during the order process.
10 CHANGING YOUR ORDER
10.1 We cannot accommodate a request for a change to your order, including substitution or addition of products, change of delivery details or mode or cancel your order when your order has been assigned to be processed.
10.2 Email firstname.lastname@example.org with the details of the change required and we will try accommodate your request but there is no guarantee.
11 PROMO CODES
11.1 We may from time to time offer promotional codes which may apply in respect of certain purchases made through this Website. The conditions of use relating to any discount code will be specified at the time of issue.
12.1 To shop on the Website, you can check out as a guest or as an account holder. If you have not created an account, you can create an account on check out.
13 TYPOGRAPHICAL ERRORS
13.1 From time to time there may be typographic errors in descriptions or pricing shown on our Website either due to an error on the part of us or our suppliers. If this occurs we reserve the right to cancel and refund any orders placed in respect of such products.
15 DISCLAIMER AND LIMITATION OF LIABILITY
15.1 We make no express or implied representations or warranties in connection with our products or services except expressly stated in these terms or those which are implied at law that cannot be disclaimed or limited.
15.2 You may have additional rights arising under the Australian Consumer Law in addition to any rights set out in these terms and conditions of sale. Nothing in these terms are intended to exclude the application of any Consumer Guarantee to which you are entitled to the benefit of at law.
15.3 You agree that our liability to you is limited (including in respect of s64 of the Australian Consumer Law) arising from any product sold or service provided to you, or a breach of any Consumer Guarantee found to apply to the supply of our products or services, as follows:
(a) Where there is a supply of goods made to you, for the replacement or resupply of equivalent goods or the payment to you of the cost of replacing those goods or acquiring equivalent goods (excluding shipping); or
(b) Where there is a supply of services made to you, the resupply of those services to you or the payment of the cost of having the services supplied to you again.
15.4 You agree to hold us, our directors, officers, employees or representatives harmless for any claim arising for damages of any kind related to your use or misuse of our products or services.
15.5 You use our products, information supplied by the Website and services at your own risk. No warranty is provided by us, our directors, officers, employees or representatives that your use of our products, information provided or services will be suitable for any particular use.
15.6 Under no circumstances will we be liable for any loss of profits, loss of chance, loss of business opportunity, indirect, special, incidental, consequential or exemplary damages arising from your use of products or services or reliance on any information made available on the Website.
15.7 The applicable law in your state or territory may not permit some of the exclusions in these terms and conditions. To the extent that any of the above exclusions are not allowed at law, they do not form part of this agreement and are severed in accordance with these terms.
15.8 You should consult the laws in your State or Territory to determine whether some of these exclusions do not apply to you.
16.1 You agree to at all times indemnify, keep indemnified, and hold us harmless, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from and against all liabilities, claims, and expenses, including solicitor’s fees, that arise from your use or misuse of the Website, reliance on information or services provided by the Website.
16.2 In the event that you breach this agreement, you agree to indemnify us for any and all loss or damage suffered by us in connection with your breach, including direct and indirect losses, loss of profit, loss of chance, diminution of goodwill and legal expenses (including court filing fees, solicitor-client legal costs and disbursements) on a full indemnity basis.
17 ELECTRONIC CONTRACTING AND NOTICES
17.1 By placing an order with us on our Website, in person or by telephone, you agree you’re your conduct constitutes your agreement to these terms and conditions and your consent to enter into agreements with us (including by placing an order) electronically pursuant to the Electronic Transactions Act 1999 (Cth.).
17.2 You agree that we may serve you with any notices, invoices, disclosure, court process, documents or other communications by electronic mail to the email address you have provided to us.
18 ADDITIONAL TERMS
18.1 Products or services listed on our Website may be subject to additional terms (such as terms and conditions for a promotion) that will further govern your use of that particular product or service and are supplemental to these terms.
18.2 You agree to only use any products or services provided by us to you in accordance with the manufacturer’s directions, instructions and recommendations and in no other way.
19 WHOLE AGREEMENT
19.1 These terms and conditions represent the entire agreement between you and us concerning our supply to you of products and/or services. No other term is to be included or implied into this agreement other than as required by a law of the Commonwealth or State where you are located.
20 SEVERABILITY AND WAIVER
20.1 If any clause or term is found to be illegal, void, or unenforceable in any State or Territory then that clause will not apply, and shall be deemed to have never been included in the terms and conditions for that State or Territory only.
20.2 The clause will remain, if legal and enforceable, as part of the agreement applying to other States and Territories.
20.3 The exclusion of any term under this section will not affect or change the enforceability or construction of the other clause of these terms and conditions.
20.4 To the extent possible, if any part of a clause is severed in a manner which would cause the clause to becoming illogical or meaningless you agree to meet with us to negotiate a retrospective amendment to the clause to give the clause the greatest possible affect in a manner which will not cause the revised clause to be severed.
20.5 Where the severing of any clause causes any remaining clause to become ambiguous, then that ambiguity is to be resolved by interpreting the clause in the manner most favourable to us.
20.6 If we do not exercise or enforce any right or provision under these terms, it will not constitute a waiver of such right or provision.
21 TRANSFER AND ASSIGNMENT
21.1 We may assign the benefit of any agreements we have with you to a third party without your consent.
22 APPLICABLE LAW
22.1 These terms and conditions will be governed by the laws in New South Wales and the parties agree to the non-exclusive jurisdiction of the courts of New South wales to determine any dispute which arises in connection with these terms.
23 DEFINITIONS USED IN THESE TERMS
“Australian Consumer Law” means that law set out at Schedule 2 to the Competition & Consumer Act 2010 (Cth)
“Personal Information” has the meaning set out in the Privacy Act.
“Kidtritious” “we” “our”, “us” and similar terms means and Kidtritious Pty Ltd (ACN 158 117 223).
“Privacy Act” means the Privacy Act 1988 (Cth) as amended from time to time.
“You”, “your” and similar terms means, as the context requires:
(a) You during your usage of our Website; and/or
(b) You as customer of our business.
“Website” means www.kidtritious.com.au and www.kidtritiousfamilies.com.au and other website as we may operate from time to time.