1. User Agreement
2. Specific terms applicable to KidsPlaysets.com.au™ transactions
2.1. KidsPlaysets.com.au™ utilises as series of Australian suppliers to fulfil and deliver the products we sell on the website. Please Note: While we utilise these suppliers to fulfil and deliver the products we sell, KidsPlaysets.com.au are solely responsible for resolving any issues related to product availability, product delivery, product defect(s), product returns and/or replacements, order cancellations and pre-order management and fulfilment.
3. Access and use of the Website
3.1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
3.2. You must not (or attempt to):
3.2.1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
3.2.2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
3.2.3. interfere (or attempt to interfere) with security-related or other features of our site; or
3.2.4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
3.3. We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
3.4. You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
3.5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
4. Information on this Website
4.1. Information about goods on the Website is based on material provided by third party Suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
4.2. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
4.3. Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
5. Disclaimer and Liability
5.1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
5.1.1. errors, mistakes or inaccuracies on the Website or our social media pages; 5.1.2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages; 5.1.3. personal injury or property damage of any nature resulting from your access to or use of the Website; 5.1.4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers; 5.1.5. any interruption or cessation of transmission to or from the Website; 5.1.6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or 5.1.7. the quality of any product or service of any linked sites.
5.2. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party supplier through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any post ‘checkout’ interaction between you and third party Supplier of goods and/or services.
5.3. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
5.4. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
6.1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
7. Placing Orders
7.1. You are responsible for all orders placed as a ‘guest’ or on your account, including for any discrepancies or errors in your order caused by you.
7.2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
7.3 Orders placed by you are offers to purchase:
7.3.1. goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
7.4. Goods sold by KidsPlaysets.com.au™ are not reserved in-cart, and an order is only finalised when you have completed checkout process and received an order confirmation from us and payment is received in full.
7.5. When an order is placed for a Suppliers goods, we will send the order to the Supplier for confirmation, at which time they may accept or reject your order. Where a Supplier rejects your order, we will refund you for the order and associated shipping charges. You will receive confirmation that your order has been accepted by the Supplier via email.
7.6. We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
7.7. Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will refunded in full.
7.8. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement. Please note that change of mind returns are given at our absolute discretion. We will not change or replace your order where you have made an error.
7.9. In the event that we cancel or are unable to fulfill your order, we will provide a full refund of any payment received.
7.10. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfill your order.
8. Price, Payment and Use of Discount Codes
8.1. The prices of goods, delivery and other charges shown are in Australian dollars.
8.2. All payments must be received in full prior to dispatch of good. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
8.3. A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.
9. Shipping and Delivery
9.1. Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
9.2. We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express post). Suppliers may set their own delivery time frames which may differ from goods sold by us. You should check the sales listing for these details.
9.3. Standard and express post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be made available to you at checkout.
9.4. Suppliers utilise their own shipping and distribution networks and may charge different rates for shipping on goods.
9.5. Express post is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
9.6. A signature may be required for some deliveries, and you are responsible for ensuring you are able to accept delivery. (a) We will not be held liable for late delivery where attempted delivery has occurred on or before the delivery time-frames; (b) A parcel has been signed for delivery has occurred (regardless of whether or not you have personally accepted delivery).
9.7. We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
10. Packaging and Labelling
10.1. We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
10.2. Because some goods are imported or originate from outside of Australia, their packaging, composition and quality may vary from the same or similar product available in Australia and made directly for the Australian market.
11. Change of Mind Returns
11.1. The following clause applies to goods sold by KidsPlaysets.com.au™. Suppliers may have their own policies and procedures in relation to change of mind returns.
11.2. KidsPlaysets.com.au™ cannot refund or exchange goods for change of mind or errors you made in your order. We may, at our sole discretion, allow a return for store credit or exchange product on a case-by-case basis, provided that the item in question is:
(a) returned within 28 days of order;
(b) not used or worn (with original tags and/or packaging);
(c) in a resalable condition; and
(d) not damaged in any way.
11.3. We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.
11.4. If we allow a return in these circumstances, we will ask you to follow our returns process.
11.5. We may provide you with a product exchange or store credit only when we receive the returned product. You are responsible for payment of return postage on your order. Change of mind returns are not accepted for items that utilize fabrics due to hygienic reasons. Remedies for defective goods are still available. Under no circumstances can we accept change of mind returns for clearance items.
11.6. Partial Refunds. In the event that a product cannot be supplied, we will refund the full amount of the product [including any direct delivery cost(s)] not supplied. In the even that your order contains an additional product(s), only those item(s) not yet dispatched may be cancelled and fully refunded. Any item(s) collected by any of our transport partners cannot be refunded; accept where by law we are required to do so [see 14.2.]
12. Problems with your goods – Contacting KidsPlaysets.com.au™
12.1. If you have a problem with your goods, please contact us via email. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.
12.2. If your goods still have a valid manufacturer warranty, we recommend you first contact the manufacturer in relation to any fault or defect, however, you may still contact us.
12.3. Once an item is returned we will either inspect your goods and investigate any claimed defect or in some cases, send the goods to third parties for assessment and/or repair. Where applicable we provide a remedy in relation to your goods.
12.4. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
12.5. Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.
12.6. We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
12.7. In the case of goods and/or services redeemable through a third-party provider, the refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.
13. Defective Goods
13.1. All goods sold on KidsPlaysets.com.au™ come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
13.2. Any product warranty given by KidsPlaysets.com.au™ will apply in addition to other rights and remedies you may have under the Australian Consumer Law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with warranty terms and conditions. Warranty only applies where specifically advertised in the product's listing.
13.3. Goods that you purchase from our site (including Supplier provided goods) may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by KidsPlaysets.com.au™, and rights you may have in relation to those warranties are separate to any warranty rights given to you by KidsPlaysets.com.au™. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
14. Dispute Resolution – third-party Supplier goods
14.1. If you wish to raise a dispute with us concerning goods you have purchased from a third-party Supplier, please contact KidsPlaysets.com.au™ via email.
14.2. We attempt to resolve disputes as quickly as possible. We rely on you and the Supplier promptly providing all the information we need to resolve a dispute.
14.3. We will make a determination on your dispute in accordance with our standard refunds and returns policies.
15. Social Media and Content
15.1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material ("Social Media"), is the sole responsibility of the person from whom such content originated.
15.2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law, we do not accept liability in this regard.
15.3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post or allow content to be posted through your account that:
15.3.1. you do not have the right to post;
15.3.2. is defamatory or in contempt of any legal or other proceedings;
15.3.3. is misleading or deceptive;
15.3.4. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
15.3.5. denounces religious or political beliefs;
15.3.6. contains religious or political material;
15.3.7. is indecent, obscene, vulgar, pornographic or offensive;
15.3.8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
15.3.9. contains any unsolicited or unauthorised advertising or promotional material;
15.3.10. contains or links to viruses, malware, spyware or similar software; or
15.3.11. impersonates any person or misrepresents your relationship with any person.
15.4. We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
15.5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
16. Intellectual Property
16.1. All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to KidsPlaysets.com.au™, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trademark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
16.2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
16.3. You may not:
(a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
16.4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
17. Transfer and Assignment
17.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
(a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.
18.1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
18.2. This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
18.3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
18.4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
19. Privacy and Personal information
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