Terms, Conditions & Warranty Information
DISCLAIMER OF LIABILITY
WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS IN ASSOCIATION WITH USE OF THIS WEBSITE OR A LINKED WEBSITE. THIS GENERAL DISCLAIMER IS NOT RESTRICTED OR MODIFIED BY ANY OF THE FOLLOWING SPECIFIC WARNINGS OR DISCLAIMERS.
SPECIFIC WARNINGS AND DISCLAIMER
The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own safeguards to ensure that whatever you select for your use from this website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
All transactions are secure and encrypted, and we never store your credit card information. All credit/debit card transactions on the Kooshy Kids Pty Ltd website are processed using Shopify, AfterPay and PayPal. Payment information is also governed by Shopify, AfterPay and Pay Pal's privacy policies.
1 EXCHANGES, RETURNS & WARRANTY (12 month product Warranty)
1.1 Subject to the rights granted to you by statutory consumer protection legislation, Kooshy Kids Pty Ltd does not offer refunds or exchanges for change of mind.
1.2 In the unlikely event that there is a leak in your Kooshion, Kooshy Kids Pty Ltd will replace the product provided it is reported within 48 hours of receipt. Please email email@example.com to report a leak and arrange the return of the faulty item and delivery of a replacement. We highly recommend testing your product upon receipt by leaving inflated for 12 hours to test for leaks to avoid traveling with a leak. Reports of leaks after 48 hours of receipt will not be replaced. All other product faults are warranted for 12 months from the date of purchase (proof of purchase is required).
1.3 Under no circumstances will Kooshy Kids Pty Ltd be liable or issue a refund if the product is not delivered in time for travel. Please allow ample time for delivery. The time frames quoted on this site are a guide only and can be affected by many factors. Next day delivery (Express Post option) is not guaranteed and you should contact us and receive confirmation that next day delivery is possible before ordering.
1.4 Kooshy Kids Pty Ltd will not provide a refund if refused use by an airline or if the customer receives advise about the use of the product after purchasing the product from us. The advice provided on our site about airlines is correct to the best of our knowledge at the time of being published, however may change without notice. We highly recommend checking with your airline prior to purchase.
2 LIMITATION OF LIABILITY
2.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury, death or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
3.1 Title of the purchase will pass to you on receipt of full payment from you or when you receive the purchase, whichever happens later.
3.2 Risk of loss or damage to the purchase will pass to you when we provide the purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery. We are not responsible for delivery once the product has been transferred to the third-party delivery service (Couriers Please or Australia Post), and CANNOT guarantee the delivery time frame.
3.3 Where we send you the delivery tracking number by email, and you claim that you have not received delivery, you must first contact Couriers Please or Australia Post. You are responsible for tracking your item/s and will be liable for re-delivery fees should you not collect the item on time.
3.4 Kooshy Kids Pty Ltd will not be responsible for any misplaced calling cards.
3.5 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, we make no representations to you in respect of your use of the product. Kooshy Kids Pty Ltd provides no warranty as to any results or outcomes associated with using the product. We highly recommend contacting your carrier and investigating any specific policies they may have that may affect your use of the product.
3.6 You expressly acknowledge that Kooshy Kids Pty Ltd should be used under direct adult supervision always and that the child’s seat belt should remain fastened always.
3.7 You expressly acknowledge that your use of our products is at your sole risk.
4.1 As with all of your personal information that we hold on our website, Kooshy Kids Pty Ltd will not provide this information to third parties without your consent, except where:
(a) such disclosure is permitted under the Privacy Act 1988;
(b) Kooshy Kids Pty Ltd is required by law to disclose information to third parties; or
(c) Kooshy Kids Pty Ltd has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on their behalf.