Terms and Conditions

The General Stuff

Orders

Once we receive your order, we will arrange for picking and packing to commence following the successful transfer of funds into our bank account.

We will do everything we can to pack your order and send your products within a 1-5 day period or as fast as we can.

There may be occasions where a delay is out of our control such as out of stock from the manufacturer that this delivery time cannot be met. We will communicate with you these delays in that event.

We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

We can accept orders by acceptance of a formal quotation provided by us, and in the event that we provide such quotation and your acceptance, your order is deemed to be accepted upon receipt of funds into our nominated bank account.

We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.

Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.

Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.

All risk of loss or damage to the goods passes to you when we despatch the goods.

Order Cancellation Due to Error

Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Packaging and postage is an additional charge, calculated at time of purchase. Our website will show the freight cost.

Guarantee

If the products you ordered arrive broken, please email us at orders@kindergear.com.au within 24 hrs receipt of goods (including photo’s) and we will replace them free of charge – simple as that!

Please see Returns and Refunds for full details on how to lodge a claim

Delivery

We use the fastest road freight companies in Australia, featuring next day delivery to Melbourne CBD and Brisbane CBD and 5 to 10 day delivery to Perth.

Occasional delays by delivery companies are unfortunately out of our control, however we will do everything we can to keep you informed of the status of your delivery.

We offer a flat deliver fee of $15 + GST nationally to Metro regions across Australia. There may be times when we reserve the right to increase the delivery fee for remote regions or particularly large orders. In any event, we will be in touch.  

Authority to Leave (ATL) means that the courier will leave your order at the delivery address when no one is present. If your delivery address is residential and you do not select ATL, and you are not home to receive, you may be charged for re-delivery fees incurred by the courier.

We also offer a Regional Delivery $30 inc GST flat rate option for customers that live outside of large cities. Sending luggage racks to Far North Queensland for example can be expensive, but when you order with us, the most you’ll ever pay is $30.

If you are off the beaten track our Remote Delivery $45 inc GST flat rate option is applicable to you.We’ve added this delivery option to cater for customers that live in sparsely populated areas.

We are adding new manufacturers all the time and their locations are all over Australia. Most of the time delivery will be super fast, however sometimes not, but rest assured we are continually doing everything within our ability to get you your supplies as fast as humanly possible.

We reserve the right to change our delivery fee for extreme regional, remote and outback locations and for bulky products. In the event of excess delivery fees we will contact you directly to advise the options available. Please note that telephone and email orders will be charged the full delivery cost, which is usually more than our online delivery prices. This is to cover our staff’s time in manually processing telephone orders.

Pick Up Option

Sorry but we do not offer a pick-up option.

Returns & Replacements

We do request that you choose products carefully.

Change of mind – We understand that things change, therefore returns within 5 days are fine. Depending on the products being returned we may need to charge a restocking fee equivalent to 20% of the value of the products being returned.

Exchanging – We can avoid a restocking fee by exchanging items, for example if you want to change the size of a tumbler, simply order the new products you want and inform us you are sending back the products you don’t want. When exchanging products, the products need to be similar in type and quantity. Once we receive your returned products we will refund you.

Return delivery needs to paid for and organised by you, but please contact us first. All goods being returned must be in original packing and fit for resale. On return of the goods in satisfactory condition, you will be refunded your original purchase price minus the original delivery cost and minus any restocking fees. Customers must accept the risk of breakages in returning for change of mind or exchange.

Products must be returned within 5 days of the original order.

Broken items – Products damaged during transport must be advised within 24 hrs of receipt of goods. We will arrange for free return of such items upon receipt of your email Replacement products will be sent upon receipt of damaged stock or can be expedited by contacting us.

Missing items – Products missing from the delivery must be advised within 48 hrs of receipt of goods. We will investigate the issue and advise when missing items will be delivered.

Lodging your request – Whilst you can email us, for ease of tracking requests, please email us at to notify us of any return or other request concerning your items.

Custom printed items and embroidered items can not be returned or refunded.

Terms and Conditions

In these terms and conditions, “we” “us” and “our” refers to Kindergear Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.

Our Website

All prices are in Australian Dollars (AUD) and are usually excluding GST unless otherwise stated differently.

We endeavour to ensure that our price list is current. We reserve the right to amend our prices at any time. If you have placed an order and we do not have sufficient stock to full your order, we reserve the right to cancel your order should our prices change.

Product Descriptions

We do our best to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

Any image that is displayed on our website is for illustrative purpose only and cannot be relied upon as being true in colour.

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal use.
  2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
  3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  2. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

  1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Limitation of Liability

If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

  1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
  2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
  3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
  4. We do not participate in any way in the transactions between our users.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

 

 Privacy & Security

kindergear.com.au (“kindergear”, “we”, “us” or “our”) is committed to protecting the privacy of our website visitors and customers. The kindergear team members are customers themselves of other Internet sites and fully appreciate and respect the importance of privacy on the Internet.

Collection of personal information – “Personal information” is basically information that can identify you. The personal information we may ask for includes:

  • information that identifies you, such as your name
  • your delivery address;
  • your email address;
  • your telephone number; and
  • your debit/credit card details.

Credit card payments are processed by secure 3rd parties such as Stripe and or PayPal. We will never store your debit or credit card information in our company or in our website.

We also collect information about visitors to this Website using cookies and code embedded in this Website. Generally, if we do ask you for personal information, we will endeavour to say which information we require and which information is optional.

Use of personal information – We usually collect personal information from you so that we can provide you with the goods you want. We may also use personal information for other reasons, including: – updating you on our latest products, news and special offers (unless you tell us not to – which you can do at any time); and – conducting appropriate anti-fraud checks (this is done only to confirm your identity – a credit check is not performed and your credit rating is unaffected).

If you don’t provide some of the personal information we ask for (e.g. your name and address), we may be unable to provide you with the goods you want.
If we disclose your personal information to any of our group companies, we may use it for the same purposes that we may (including so that they can update you on their latest products, news and special offers via e-mail, post and telephone).

Disclosure of personal information – We may disclose your personal information to any of our group or support companies in relation to processing your order and supporting you. We will provide personal information about our customers to third parties outside our group companies. These third parties usually help us in providing goods and services to you, and include:

  • couriers (who we arrange to deliver goods to you on our behalf);
  • organisations who carry out credit, fraud and other security checks; and
  • outsourced service providers (e.g. market research agencies).

We try to limit the information we provide to third parties to the information they need to help us provide goods and services to you. We also enter into contracts with these third parties that require them to meet the privacy standards we set for ourselves in handling your personal information, and use your personal information only for the purposes we gave it to them.

Communication & marketing – If you have made a purchase from our store we may occasionally update you on our latest products, news and special offers via e-mail, post & telephone.

Third party sites – Our site may contain links to and from the websites of our partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Accessing your information – You have the right to access the information which kindergear holds about you. You can also ask for corrections to be made. You can request access to your personal information by contacting us at nikki@kindergear.com.au

 
Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Contacting Us

We are always pleased to hear from our customers (even if there is a problem:). We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied.

If you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to contact a customer service member of kindergear who will be delighted to answer any questions you may have. You can email: info@kindergear.com.au