By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Woocommerce.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Disclaimer- We do not guarantee, and accept no legal liability, for the accuracy, reliability, or completeness of any description mentioned on the product which is provided by the brand as we do not check the accuracy of the description.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Copyright
This website and its contents are subject to copyright. The copyright is owned by Best 4 Kidz, or in the case of some material, third parties.
You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this website is prohibited.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE, PRICES & DELIVERY CHARGES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart. Best 4 Kidz only delivers to certain addresses within Australia. Further information about delivery and shipping times is available here.
In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our couriers do not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, and remote parts of Queensland and the Northern Territory (refer to the delivery and shipping information). Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Best 4 Kidz will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Best 4 Kidz will cancel your Order. Best 4 Kidz will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Delivery
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Best 4 Kidz will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Best 4 Kidz, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. Best 4 Kidz cannot consolidate separate Orders into one delivery.
Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately.
Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
Goods will only be delivered to addresses within Australia. However, there are certain remote areas in Australia that we do not deliver to (refer to the delivery and shipping information). As mentioned above, we may agree to deliver Goods to these remote areas by agreement with you. Best 4 Kidz will not deliver to a PO Box, locked bag or parcel locker.
Following dispatch of your Goods, Best 4 Kidz will email you with confirmation of dispatch and an invoice for your Order. On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Best 4 Kidz may charge you a reasonable fee for doing this.
Best 4 Kidz seeks to ensure dispatch of your Goods occurs within 24 to 48 hours of your Order being processed. However, in some cases it may take longer. Refer to the delivery and shipping information for expected delivery times.
- Best 4 Kidz does not guarantee the delivery or availability of Goods within the timeframes set out in above section or otherwise specified by Best 4 Kidz or any of its staff;
- events outside Best 4 Kidz’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
- Covid scenarios may impact delivery times, and logistics.
- Delays are particularly likely to occur due to Covid Pandemic, around Christmas, Easter and public holidays; and
- Except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Best 4 Kidz nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Click & Collect – Pick-up Of Goods In Store
Most of our Goods can be picked up from a Best 4 Kidz store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order.
Only the relevant Best 4 Kidz Account holder, or their authorised nominee, may pick-up in-store Goods ordered on that Account
If you choose to pick up your Order in store, once the Goods are available for collection, you will receive a “Ready for Collection” notification by email or sms.
When picking up Goods from the nominated store:
(a) you, or your authorised nominee, must bring the “Ready for Collection” email or sms;
(b) you, or your authorised nominee, must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that you are the purchaser. Best 4 Kidz may take a copy of this identification for fraud prevention purposes. The copy will not be used by Best 4 Kidz for any other purpose;
Payment
When you submit an Order you will receive an Order reference number via e-mail.
Best 4 Kidz will process payment for your Order when, or shortly after, you place your Order. Your Order is deemed to be accepted by Best 4 Kidz when Best 4 Kidz does this, however Best 4 Kidz may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Best 4 Kidz cancels your Order having already processed payment, it will refund payment in accordance with above mentioned.
When Best 4 Kidz accepts an Order, it represents an agreement by Best 4 Kidz to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you.
PRODUCT AVAILABILITY AND ORDER CANCELLATION
As Best 4 Kidz is dependent upon its suppliers to provide stock, Best 4 Kidz cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Best 4 Kidz reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Best 4 Kidz will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Best 4 Kidz reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Best 4 Kidz may do this for example, but without limitation, where:
(a) Best 4 Kidz suppliers are unable to supply Goods that they have previously promised to supply:
- an event beyond Best 4 Kidz control, including storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Best 4 Kidz is unable to supply the Goods within a reasonable time;
(b) goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(c) you ask Best 4 Kidz to cancel your Order in accordance with above mentioned.
You may cancel your Order where Best 4 Kidz:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
Where Best 4 Kidz cancels your Order after acceptance it will notify you of cancellation.
In the event of Best 4 Kidz or you cancelling your Order after payment has been processed, Best 4 Kidz will refund any money paid in respect of that Order. Refund sections of these Terms and Conditions sets out further information about refunds.
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Best 4 Kidz will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Refunds of Your Money
Where Best 4 Kidz is obliged to refund your payment pursuant to these Terms and Conditions, Best 4 Kidz aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Sydney time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
Refunds will only be in Australian dollars.
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Best 4 Kidz will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
- any delay in you receiving any refund due to you; or
- differences in exchange rates between the time of purchase and the time of refund (particularly relevant where you have purchased Goods using a credit or debit card issued by a foreign bank or financial institution), whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Returns/Faulty Or Damaged Goods
You should check your Goods as soon as they are delivered to you in order to ensure that:
(i) they are what you ordered; and
(ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.
If you have a problem with any Goods or otherwise wish to return them please refer to Best 4 Kidz’s Refunds and Returns Policy which forms part of these Terms and Conditions. You can contact us to discuss the case.
When returning Goods:
(a) please provide Best 4 Kidz with your proof of purchase;
(b) to the extent permitted under the Australian Consumer Law, it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
Some of our products may not fall under returns and exchange due to their hygiene nature.
GUARANTEE, WARRENTY & CUSTOMER GUARANTEE
Best 4 Kidz sources its products from high quality manufacturers, and ensures a customer guaranteed experience of the product to the customers.
Best 4 Kidz sells a wide variety of products, many of which come with a warranty against defects provided by the manufacturer of the product. The product purchased by you is warranted against defects under the terms of the manufacturer’s warranty, if any, displayed on or provided with the product. For valid claims, Best 4 Kidz will replace / repair the product free of charge. The warranty excludes defects from after sale damage, neglect, abuse or incorrect installation. You bear the transportation costs to the Best 4 Kidz store location.
The benefits of this warranty are in addition to any other rights and remedies available at law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. A refund will only be considered where Best 4 Kidz cannot supply a replacement unit.
To claim you warranty, contact us on enquiry@best4kidz.com.au
ACCURACY OF BILLING AND ACCOUNT INFORMATION
If you do not already have an Account you will need to create one before placing an Order. An Account may be a “guest” account. You may not set up an Account for someone else
lease ensure that you enter all information carefully when creating an Account. You warrant to Best 4 Kidz that all information provided by you in relation to your Account is complete, true and accurate.
You must notify Best 4 Kidz immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Best 4 Kidz will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Best 4 Kidz, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed
For more detail, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Best 4 Kidz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Best 4 Kidz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at enquiry@best4kidz.com.au.
