DISCLAIMER OF LIABILITY
GENERAL DISCLAIMER
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.
We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be amended. We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.
Under no circumstances (including but not limited to any act or omission on the part of Kooshy Kids Pty Ltd) will Kooshy Kids Pty Ltd be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website. To the fullest extent permitted by law, Kooshy Kids Pty Ltd' liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of Kooshy Kids Pty Ltd to the following: in the case of services supplied or offered by Kooshy Kids Pty Ltd, which are not of a kind typically acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Kooshy Kids Pty Ltd, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired. In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.
The Terms of Use are effective until terminated by Kooshy Kids Pty Ltd and Kooshy Kids Pty Ltd may terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.
PAYMENTS
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.
GENERAL TERMS
1. EXCHANGES, RETURNS & 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. Under these terms and conditions, travel plans that have been postponed or cancelled due to unforeseen circumstances, are one example that constitutes change of mind.
1.2 All orders placed are final and cannot be cancelled.
1.3.1 Under no circumstances will Kooshy Kids Pty Ltd be liable or issue a refund if the product is not delivered in time for travel or other purpose. Please allow ample time for delivery. The time frames quoted on this site and given by staff are a guide only and can be affected by many factors. Shipping times are the time it takes for Australia Post to deliver your order. Our processing times are additional and may be up to five business days depending on our workload and commitments. Please click here to check current estimates and delays (note we ship out of Currumbin Waters, QLD).
1.3.2 Next day delivery is not guaranteed and you should contact us and receive confirmation that next day or fast/express delivery is possible before ordering. Australia Post/Startrack experiences delays from time-to-time that may effect our estimated shipping times.
1.4.1 Kooshy Kids offers an Approved Airline Money Back Guarantee. Once Kooshy Kids PTY LTD has received all necessary documentation from you as outlined on the Approved Airline Money Back Guarantee and can confirm that the approved airline did not allow use for reason's out of the customer's control, Kooshy Kids will issue a store credit for the Kooshion portion of your order. The amount credited will exclude shipping, pumps and other items purchased. The airline must have been on our approved list on the date of travel. The effective date and list of approved and non approved airlines can be found here.
1.4.2 To be eligible for the Approved Airline Guarantee (wherein if you're denied use on an approved airline, the Kooshion cost that you paid will be credited back to you), the airline must be on our "Airlines - Approved" sheet on your Kooshion purchase date. You should provide evidence, such as a screenshot or printout, showing the airline's listing and the date range from the approval sheet that aligns with your order date. (Effective date can be found on the first row of the sheet.
Please note: Airlines mentioned under "Airlines at the Crew's Discretion" or "Airlines-Non Approved" categories aren't included in the Approved Airline Guarantee, as they aren't officially approved.
1.5 Kooshy Kids Pty Ltd offers sales and discounts from time to time. These cannot be applied retrospectively, nor can an order be cancelled or refunded due to a sale or discount being offered after the order was placed.
1.6 Purchased vouchers are valid for three years from the date of purchase. Vouchers that are issued as part of a promotion, competition, giveaway or any marketing purpose (i.e. not purchased), are valid until the expiry date stated on the email and/or voucher and may not be extended.
1.7 Any prizes offered as part of a Competition will be as described by Kooshy Kids Pty Ltd. Prizes are not transferable and are not redeemable for cash. Taxes or extras on any prizes are the responsibility of the winner. In the event that the prize specified in the Competition becomes unavailable for any reason, we will substitute the prize for a Kooshy Kids store credit of the cost (to Kooshy Kids) of the prize up to a maximum of $500. Winners receive prizes entirely at their own risk. Terms and conditions for the monthly Meta give-away can be found here.
1.8 Due to health and safety, once an order containing a mask, headphones or a Kooshy Kloud leaves the Kooshy Kids Pty premise, exchanges and/or returns are not permitted.
1.9 Under circumstances deemed acceptable by Kooshy Kids Pty Ltd, returns or cancellations may be accepted in exchange for a store credit, minus postage costs (where applicable) and will incur a $25 administration fee.
1.10 From time to time, Kooshy Kids may offer complimentary gifts with certain purchases as part of our promotions. Please note the following terms apply to any free gifts provided:
Free gifts are provided without any warranties of any kind, either express or implied.
Kooshy Kids reserves the right to substitute the free gift for another item at any time due to operational reasons, customs regulations, or other unforeseen circumstances, without notice to the recipient.
Free gifts cannot be returned, exchanged, or redeemed for cash, credit, or any other item. Their monetary value for warranty, returns or other customer service claims is considered to be $0.00.
By accepting a free gift, the customer acknowledges and agrees to these terms.
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. RISK
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 the carrier. 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 All orders placed are automatically marked ATL (authority to leave) with Australia Post. The customer should make notes within the order if they do not wish for their order to be left unattended by Australia Post. Kooshy Kids is not responsible for parcels misplaced as a result of being left at the premises.
3.6 Transit Coverage is offered for parcels confirmed as lost by Australia Post for a cost of $3.95 and appears on the final cart/checkout page as an option. If you choose not to purchase Transit Coverage, Kooshy Kids will not be held liable or responsible for any loss, delay or damage that occurs to your parcel once your consignment is received and scanned by Australia Post.
If transit cover is purchased and there is an incident, Kooshy Kids will resend the goods lost or damaged at no additional cost once we receive written confirmation by Australia Post that the parcel was undelivered. Transit Cover does to insure for delays. In the event that a product in the order is no longer available, you will receive a credit note for the purchased amount. If the product is on preorder, it will be sent to you once available. Transit Cover does not cover slight aesthetic damage or punctures otherwise covered under product warranties.
Replacements and credit notes are the only form of compensation under Transit Covers. Refunds will not be offered.
For more information visit the Transit Coverage Page.
3.7 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 airline and investigating any specific policies they may have that may affect your use of the product.
3.8 You expressly acknowledge that Kooshy Kids Pty Ltd's products should be used under direct adult supervision always and follow our safety guidelines and that you acknowledge that your use of our products is at your sole risk.
3.9 By sending us media such as photos or images via email, reviews, or social media platforms, or by tagging us on social media platforms in a context that reflects a positive review, you implicitly grant Kooshy Kids Pty Ltd the permission to use, display, and share these images on our public platforms for purposes including, but not limited to, education, marketing, and promotional activities. If you do not wish for us to use or share your media, you must explicitly state this at the time of sending it to us. Requests for blurring or blocking out faces must also be made explicitly at the time of sending the media. Absence of such specific instructions will be considered as your consent for us to use the media as described.
4. Third-Party Products and Limitation of Liability
4.1 Certain products offered on our platform are manufactured and sold by third-party suppliers. These third-party products are clearly identified as such in the product descriptions.
4.2 Kooshy Kids Pty Ltd does not manufacture or produce the third-party products available on our platform.
Customers are advised to direct any warranty claims or complaints regarding faulty items directly to the respective third-party manufacturer or seller.
We will provide reasonable assistance to customers in contacting the third party, but we do not assume responsibility for resolving warranty claims or complaints related to third-party products.
4.3 Kooshy Kids Pty Ltd shall not be held responsible for any issues arising from the use of third-party products purchased through our platform, including but not limited to faulty items or injuries caused by such products.
Customers acknowledge that the use of third-party products is undertaken at their own risk, and Kooshy Kids Pty Ltd shall not be liable for any damages, losses, or injuries resulting from the use of such products.
5. PRIVACY
5.1 By providing your personal information, you expressly acknowledge that Kooshy Kids Pty Ltd may use your personal information to
(a) send you direct marketing material by email or sms; and
(b) compile a consumer profile about you to enable us to serve you in a more personalised way.
5.2 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, marketing companies or contractors that carry out administrative functions on their behalf.
6. INTERNATIONAL SHIPPING AND TAXES
For international orders, we extend our services to customers around the world through our standard international shipping options, Express International Shipping, and our Global Assurance Pass (GAP).
6.1 Kooshy Kids Pty Ltd assumes no liability for any taxes, duties, or fees associated with international orders.
6.2 Customers are responsible for any applicable import taxes, duties, and fees as per the standard international shipping terms, unless GAP is also purchased.
6.3 For a flat fee (which varies according to location), customers have the option to add GAP to their purchase for a hassle-free international shopping experience. GAP covers:
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Import taxes up to the equivalent of $100 AUD. Any amount beyond this is payable by the customer.
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Regular international shipping.
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Transit Cover; the purchase is insured against any unforeseen circumstances during transit. In the event that an issue arises, we will send replacement items or issue a credit note at our discretion.
6.3.1 GAP cannot be added after an order has been dispatched from our warehouse.
6.3.2 For Express Shipping + GAP, the customer must add GAP to their cart and then select and pay for Express Shipping separately.
6.3.3 Customers may be required to pay the import taxes upfront to their local customs office and then submit a receipt to info@kooshykids.com.au for immediate reimbursement for the amount paid no greater than $100 AUD.
6.4 For forfeiture and the reshipment of international orders the below terms apply;
6.4.1 Customers who choose not to select GAP and subsequently reject a package due to customs duties will forfeit their order. In such instances, Kooshy Kids Pty Ltd will not issue a refund due to the costs of postage and the expenses associated with initiating the return of the package.
6.4.2 If a customer rejects a parcel and later wishes for it to be reshipped, they must cover the original cost of postage incurred by Kooshy Kids Pty Ltd for the reshipment, in addition to a return handling fee of $50 AUD. These costs are required to be paid in full prior to the reshipment of the parcel.
6.4.3 Kooshy Kids Pty Ltd advises customers to consider the possibility of customs duties and the implications of rejecting a parcel due to such charges. Customers are encouraged to select GAP to avoid potential forfeiture of their order.
6.4.4 It is the customer's responsibility to stay informed about their local customs policies and fees. Kooshy Kids Pty Ltd will not be responsible for any additional charges incurred due to the customer's decision not to select GAP.
Kooshy Kids Pty Ltd has the right to alter these terms and conditions at any time.
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For warranty information please click here.
For Competition Terms & Conditions click here
