Terms of Agreement for online trading between Kooba Kids and the user of this website (“You/Your”).
The use of this site is governed by the policies and terms and conditions as set out below. By placing an order indicates that you accept these policies, terms and conditions. When you place an order for a Kooba Kids product you are entering into a legally binding contract between Kooba Kids and yourself. Kooba Kids reserves the right to amend and/or update these terms and conditions at any time without notice.
1. PLACING AN ORDER AND PAYMENT
1.1. By completing a Purchase Order, you are agreeing to purchase the Product at the price set out on the Kooba Kids Website.
1.2. Payment must be made at the time of submitting the Purchase Order. You warrant that you are the authorised account holder of the payment source.
1.3. All Purchase Orders placed through the KOOBA KIDS website are subject to confirmation and acceptance by KOOBA KIDS.
1.4. The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate and your bank may charge a small currency conversion fee. We are not able to take responsibility if the final amount charged to your card differs slightly from the estimated conversions we provide.
1.5. KOOBA KIDS may vary prices in the event of price changes or sales
1.6. This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.
1.8. KOOBA KIDS reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not resell the Products to a third party.
1.9. This Agreement must be read in conjunction with the Returns Policy and Privacy Statement. These documents form a part of this Agreement.
2. YOUR USE OF THE WEBSITE
2.1 You agree that you will use the Website in accordance with these terms and conditions and
that you will not use the Website for any unlawful purpose.
2.2 You will not violate or attempt to violate the security of the Website
3.1 Orders placed are subject to the relevant taxes and duties applicable
3.2 Expected delivery times for standard orders from stock are:
– for international deliveries, 10-20 working days; and
– within Australia, up to 7 working days.
3.3 If you are not home at time of delivery, parcels will be sent to your closest Australia Post Office.
4. WEBSITE AVAILABILITY
4.1 From time to time the website may be down for scheduled or unscheduled maintenance
5.5. INTELLECTUAL PROPERTY
5.1. 5.1. Reproduction of part or all of the contents in any form of the Website is prohibited and
5.2. may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
5.3. All materials on this Website are protected as the copyright, trademarks and/or other intellectual properties owned by KOOBA KIDS.
5.4. KOOBA KIDS has been trade marked as per the display marks on this website and associated products.
5.5. KOOBA KIDS ZIP-EASE SWIMSUIT is protected under the Intellectual Property (IP) agencies design process.
5.6. Unauthorised use of the images, designs, content, products and any other material appearing on this site may violate copyright, trademark and applicable laws and may result in criminal or civil proceedings and penalties.
5.7. This Website may contain materials produced by third parties or links to other websites. Please refer to these third parties terms and privacy statements.
5.8. You acknowledge that KOOBA KIDS is entitled to require you to remove any link from another website to this Website which you install without obtaining KOOBA KIDS prior written consent.
6.1. You acknowledge that the Products require you to follow the special care instructions provided. KOOBA KIDS will not be liable for any damage caused by any failure by You to maintain the Product properly.
6.2. Please note that the colours of Product may vary slightly from those displayed by Your computer monitor.
7. SHIPPING & DELIVERY
7.1. Refer to Shipping Policy
8.1. Refer to returns and exchanges policy
9. CHANGE OF ADDRESS
9.1. Refer to Shipping policy
10. LIMITATION OF LIABILITY
10.1 Subject to any applicable law that cannot be excluded, KOOBA KIDS and its related entities will not be liable to you or any other person for any non-excludable direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from or in connection with products or services available or supplied to you, or on your behalf, through this website. It is KOOBA KIDS discretion whether a product is replaced or repaired in the event it is deemed by KOOBA KIDS as having a manufacturer fault.
11. FORCE MAJEURE
11.1 KOOBA KIDS will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond KOOBA KIDS reasonable control.
12.1 KOOBA KIDS reserves the right to terminate this Agreement at any time.
12.2 KOOBA KIDS shall not be liable for any cost, expense, or damages whatsoever for terminating this Agreement.
“Agreement” means the terms and conditions that apply to the use of the Website which may be amended from time to time.
“Products” means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
“Purchase Order” means the online purchase order form to be completed by You in relation to Your purchase of the Product.
“Website” means internet website with the URL www.koobakids.com.au and associated websites.
“You” means the user of the Website (and “Your” has the corresponding meaning).