Terms and Conditions
These terms and conditions ("Terms”) help to keep the Web site of Kids Art. (www.kids-art.com.au and ) a safe place to trade and set out the full extent of any agreement reached between you and Kids Art. You should understand that by placing an order, you accept the following terms and conditions:
These terms and conditions ("Terms”) help to keep the Web site of Kids Art. (www.kids-art.com.au and ) a safe place to trade and set out the full extent of any agreement reached between you and Kids Art. You should understand that by placing an order, you accept the following terms and conditions:
General
1. The owner of this web site is Kids Art. whose ABN is: 53 147 822 417
2. Your contract for purchases made through the Web site is with Kids Art.
3. You must be at least eighteen years old to purchase from this Web site. If you are under eighteen, you may only purchase from the Web site in conjunction with, and under the supervision of, a parent or guardian.
4. You agree that e-mail can be used as a long-distance means of communication.
5. No contract for the sale of any product will subsist between you and Kids Art. unless and until Kids Art. accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time www.kidart.com.au or sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Kids Art. of your offer to buy goods from www.kidart.com.au .
6. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
7. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
8. Kids Art will not pass on your personal or credit or debit card details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.
9. You undertake that all details you provide to Kids Art. for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
10. If there are any changes to the details supplied by you it is your responsibility to inform Kids Art. as soon as possible.
11. All purchases are non-exchangeable, non-refundable and non-transferable unless otherwise stated.
Liability
Liability
12. Kids Art. does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
13. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Web site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product, which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
14. Kids Art. will do its best to correct errors and omissions as quickly as possible after being notified of them.
15. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Kids Art. shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Kids Art. of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
16. The products sold on the Web site are provided for private domestic and consumer use only. Accordingly, Kids Art. do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property (such as poorly painted walls) and/or loss from claims of third parties arising out of the use of the Web site or for any products or services purchased from Kids Art. We strongly recommend that the owner of the property be consulted before the product is used.
17. Kids Art. cannot be held responsible for any injuries or loss of life resulting from the use of our products. Please note that stickers may be a choking hazard. Please consult safety instructions before use.
18. Kids Art. shall have no liability for the damage to surfaces in which our products are adhered to.
Processing of orders
19. All prices include GST (where applicable), and no charge is made for regular postage within Australia. Express postage and international postal charges apply.
20. Every purchase you make shall be deemed performed in Australia. Australian law shall govern every aspect of contractual agreement concerning purchases made from the Web site.
21. Kids Art. aims to dispatch all items within 4 working days of receiving your order, except for made-to-order which is 7 to 14 days.
22. Your information is held either in paper-based records or in electronic form in our databases. We take precautions to ensure that the information is secure. Once your transaction has been processed, all credit card details will be destroyed.
Delivery/Title/Risk
23. The period stated within which you will receive your order are approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments.
24. Title to any product ordered will pass to you once Kids Art. has received payment in full for that product.
25. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
26. If your delivery address is outside of Australia, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Kids Art. advises each customer to contact their local customs office for further information.
27. Please note that when shipping products internationally, you should be aware that cross-border shipment are subject to opening and inspection by customs authorities.
28. For Christmas deliveries in Australia, we recommend that you place your order by the 18th December. We will endeavour to dispatch all orders within 4 working days, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
Miscellaneous
29. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
30. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
31. You may not permit, create unauthorized framing of, or deep linking to, the Web site or the creation of derivative works thereof from any other Web site under your management or control.
32. In these Terms, “Intellectual Property Rights” means copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. We shall own all Intellectual Property Rights in the Web site absolutely.
33. Subject to the license granted to you to use the Web site, Kids Art. reserves all rights, title and interest in its Intellectual Property Rights in the Web site. Any goodwill accruing from use of Kids Art. and its affiliates' trade marks, trade and business names and service marks under this Agreement will vest in Kids Art. and its affiliates, as appropriate.
