Terms and Conditions
These Terms and Conditions form a legally binding agreement between you and Educating Kids. You acknowledge and agree that these terms and conditions apply to your access to, and use of, the website and the service available through Educating Kids. In accessing or using the website or using the service, you acknowledge that you have read and understood, and agree to be bound by, these terms and conditions.
The website and all Content is operated and owned by Educating Kids ABN 31 091 745 818.
Use of website
You may only use the website and the Content on the website for personal purposes unless Educating Kids provides written consent.
You must not:
|by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the website or any Content contained on the website|
|do anything that imposes an unreasonable or disproportionately large load on the website, or interferes or disrupts the website or any network or website connected to the website|
|breach the security of the website, test or scan the vulnerability of the website, or make any unauthorised modifications to the website|
|interfere with any other persons use or enjoyment of the website|
|post, or transmit to the website any abusive, obscene, defamatory, or otherwise inappropriate material|
|use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the website, or to reproduce or separately store or use such Content|
|use the website or any Content in any way that is unlawful, illegal or breaches the rights of Educating Kids or any third party, and|
|use the website in any way that otherwise breaches these Terms.|
All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the website is owned, controlled by, or licensed to Educating Kids. Except for viewing the Content for your own personal non-commercial use, Educating Kids does not grant you any rights to use the website or Content for any other purpose unless it expressly consents in writing.
Limitation of Liability
Educating Kids does not warrant or guarantee:
|the accuracy or completeness of any information available on the website|
|that access to the website will be uninterrupted or error free|
|that any defects will be corrected immediately; or|
|that the website will be free from viruses or other contamination.|
Except where prohibited by law, Educating Kids will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the website, including use of any information on it. You use the internet and the website at your own risk.
Termination of Use
You may stop using the website at any time for any reason.
Educating Kids reserves the right in its absolute discretion to suspend or terminate at any time the access to the website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.
Educating Kids may disclose any information we may have about a user in relation to an investigation or allegation that your use of the website is in breach of these Terms, or is in breach of law or other regulation. Educating Kids reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.
Our current pricing can be viewed on our website. All prices quoted on this website are exclusive of GST and delivery charges. Delivery charges and GST will be added to the total amount due at checkout. Our prices are subject to change. Our "Valued at" price is the price we normally sell an item, or represents the market value of this item. GST is identified clearly on order confirmations and our tax invoices. Businesses registered for GST, receive a 100% refund of paid GST.
We accept the following payment options:
|Credit Card||Visa or Mastercard|
|Bank Transfer|| BSB: 033 003
Account No: 63 84 30
Reference: Please use your Tax Invoice Number.
|Account||Customers with approved credit that are within terms may pay by the due date on their invoice. This excludes large orders where pre-payments may be required. You can apply for credit terms by completing a Credit Application Form. Click here to apply|
|ZipPay||Click here to see our ZipPay Terms & Conditions.|
Standard delivery times for Australian Capital Cities will be within 5 business days. Please refer to our Delivery and Returns Policy for more information.
Customers may be entitled to an exchange or refund for goods that are unwanted, damaged, defective or not ordered. Please refer to our Delivery and Returns Policy for more information.
Return of Faulty Goods or Claims for Under Delivery
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement 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.
If you notify our Customer Service Team using the contact details set out below, of a fault or defect in the goods within 12 months of delivery, then we will accept return of the goods and at our discretion replace or repair the goods, or provide a refund or a credit note for the equivalent amount paid by you.
Claims relating to a deficiency in the quantity of the goods or damage on delivery should be notified to our Customer Services Team within 7 days of delivery. For deficiency claims where we hold a proof of delivery, we may require you to supply a statutory declaration.
No returned goods will be accepted by us (even if we agree for you to return goods to us at our cost) if they have been tampered with or misused by you or any other person; if they are goods expressly sold on a non-return basis; or if you have not previously notified the Customer Service Team; or if you do not return the goods to us within 30 days of our request for you to return the goods (unless we advise you that you are not required to return the goods to us); or if you have damaged the goods; or if the fault, damage or defect is the result of fair wear and tear. A photographic image may be required to support your warranty claim. Where any of the conditions for making a claim have not been met, the goods shall be returned to you at your expense.
For heavy or bulky items which cannot be returned to us, you must permit us to inspect the goods upon request within 30 days of you notifying our Customer Service Team of a fault, damage, defect or non-compliance in the goods. If you do not permit us to inspect the goods, you are deemed to have accepted the goods and are deemed to agree that the goods are not faulty, damaged, defective or non-compliant.
Terms of Sale
|1.||Educating Kids reserves the right to not accept or to cancel orders.|
|2.||By placing an order you are offering to purchase goods on and subject to our terms and conditions. All orders are subject to availability and confirmation of the order price.|
|3.||Unless a credit account is approved, orders must be paid in full prior to dispatch.|
|4.||Ownership of goods remain the property of Educating Kids and does not pass to the customer until the customer has settled all outstanding debts and obligations to Educating Kids.|
|5.||Risk in the goods will pass on delivery to the customer and once in their possession.|
|6.||We endeavour to have accurate pricing, descriptions and information on our website. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order.|
|7.||We acknowledge that delays in delivery do occasionally occur. Educating Kids is not liable for any loss and damage caused by the delivery delays, nor to refund any amounts paid for the order or delivery of the order.|
|8.||We reserve the right to make changes to the website and Terms and Conditions without notice.|
Variation to Terms
Educating Kids may vary these Terms at any time, and by continuing to use the website you consent to any variations. Educating Kids will not notify of these variations and it is your responsibility to regularly check these Terms for any variations.
These Terms are governed by the laws of Victoria in Australia, and any dispute in relation to these Terms or your access or use of the website will be the exclusive jurisdiction of the Courts of Victoria.
If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms will remain in force.
Any failure by Educating Kids to act or enforce these Terms immediately will not be considered a waiver of Educating Kids’ right to take any such action.