KandyCrew Online Shop - General Terms and Conditions of Business
1 About Us
1.1 KandyCrew (\"KandyCrew\", \"we\", and \"us\") is a company registered in New Soutn Wales Australia: ABN 18 606 080 430.
1.2 Our address is: Shop GR115 A Rouse Hill Town Centre, 10-14 Market Lane, Rouse Hill, NSW 2155 Australia
1.3 You can contact us by:
1.3.1 sending an e-mail to: firstname.lastname@example.org
1.3.2 telephoning us on: +612 8824 8988 or
1.3.3 sending us a fax to: +612 8677 3667
2.1 We offer this Website as a service to you, the customer. By using this Website you agree to the terms and conditions set out in this document (the \"terms\"). If you do not agree with the terms you must not use the Website. Whenever you place an order through this Website you will have to click a link to confirm that you accept and agree with these terms.
2.2 We recommend you read these terms carefully. This will help protect your interests. These terms set out the whole agreement between us and you. They do not include any previous communications between us and you. You should not buy anything from this Website if you do not accept these terms or if you are unsure what they mean or how they apply to you. If you have any queries about these terms please contact us.
2.3 If we fail to exercise or delay in exercising any right or remedy we have under these terms or in law it will not be a waiver of those rights or remedies, or of other rights or remedies. Single or partial exercise of rights or remedies will not prevent us from exercising other rights or remedies.
2.4 We may assign or sub-contract the benefit of these terms or part of these terms or any order under these terms to any third party. If we do this we will take reasonable steps to ensure your rights do not diminish materially.
2.5 The Australian law shall govern and shall apply to any contract or agreement we make with you through this Website and to the interpretation of these terms. If there is any dispute between us and you over any contract or agreement we make with you through this Website the Australian court shall have exclusive jurisdiction.
3 Online Shopping
3.1.1 When you place an order you make an offer to us to buy a product. After you have placed an order we will send you an \'order confirmation\', confirming your order details. When we send the \'order confirmation\' e-mail confirming order details a binding agreement will exist between us. Unless and until we send such an e-mail no binding agreement will exist between us.
3.1.2 Although we may refuse your order for any reason in our sole discretion, we will normally accept it where:
(a) the product or products in the order are available;
(b) the order reflects our current pricing of the relevant product or products;
(c) your credit card/debit card company approves your payment; and
(d) there has been no conduct on your part which would lead us to decline to sell you products.
3.2 Pricing, Charges, and Payment
3.2.1 We try to ensure all product information and pricing displayed on this Website is correct and up to date at the time you place an order. To check this, we verify pricing before mailing products. If we discover an error in the price of the products you have ordered, the following terms will apply:
(a) if the correct product price is lower than the product price shown on this Website at the time of your order we will charge you the lower amount and mail the product;
(b) If the correct product price is higher than the product price shown on this Website at the time of your order we will at our discretion either:
(i) contact you as soon as possible to discuss whether you wish to continue with the order; or
(ii) cancel the order and send you an email confirming the cancellation. If we are unable to contact you within 14 days of your order we will treat the order as cancelled.
(c) If we cancel your order under this paragraph 3.2.1 and you have already paid for the products we will give you a full refund.
3.2.2 All prices shown on the Website are in Australian dollars and inclusive of GST.
3.2.3 Prices exclude delivery charges. Delivery charges appear as a separate line item on the order summary page.
3.2.4 You may pay for orders using Paypal.
3.2.5 You will receive notification from Paypal when payment has been confirmed.
3.2.6 Products remain our property until you have paid for them in full.
3.3.1 We will deliver products you ordered when Paypal confirms to us payment made by you.
3.3.2 Normally you will receive products you order 4-7 business days from the day you place an order.
3.3.3 Risk of loss and damage of products passes to you on the date when we deliver the products or on the date of the first attempted delivery by us. This only applies if we have processed and received payment in full for the products.
3.3.4 We will arrange for delivery to the address you specify in your order. 3.3.5 If for any reason our delivery service provider cannot deliver your order at the address you have given, we will tell you and give you a new delivery date. If for any reason our delivery service provider cannot deliver your order on the second delivery date we will contact you and arrange a third delivery date, to be within 5 business days of the second delivery date. If for any reason our delivery service provider cannot deliver your order on the third delivery date it will return your order to us, and we will cancel your order and refund your payment to you less any reasonable charges we have incurred.
3.3.6 Our postage cost is $7 for total purchases up to $49.99; $12 for total purchases from $50 to $199.99; and $17 for total purchases $200 and above
3.4 Returns, Replacements and Refunds
3.4.1 If you want to cancel your order within 7 days of receiving your products we will refund the price you have paid for the products less postage costs.
3.4.2 You may return any goods you buy from us, for any reason. This gives you an opportunity to check the goods are suitable, similar to when you buy goods from our physical retail stores.
3.4.3 To take advantage of this right to cancel your order you must let us know in writing within 7 days of receiving your products and return them in the same condition that you received them. You must return the products:
(a) within 7 days of receiving them;
(b) with any original labels still attached, in their original packaging, and with the relevant return documents;
(c) with the product packaging and documents in the same condition as when you received the product; and
(d) using the return address mailing label enclosed with the products.
3.4.4 Unfortunately, if you do not meet these return requirements we may charge you.
3.4. If you cancel your order under this paragraph 3.4 we will refund any payment you have made, less postage costs as soon as possible, and always within 30 days of receiving written confirmation of the cancellation.
4 Data protection
4.1 By using this Website you consent to receiving communications from us electronically and agree that electronic communications satisfy any legal requirement that such communications be in writing.
4.2 We are committed to protecting your privacy. We will hold and use any personal information you give us through this Website in accordance with these terms and with the Privacy Act, as amended. We will keep your personal information secure to prevent unauthorised access by third parties. We may have to process and/or disclose your personal information if we are required to do so by law, or because of a lawful request from a government or law enforcement authority.
4.3 When we process your order we collect personal information about you and your use of this Website. We use this personal information to check your identity, process your payment, manage your order, and display personalised content on this Website. With your consent (which you provide by ticking an opt-in box on our Website) we may tell you about our other products and services. We also use this personal information to develop and improve our products and services, develop this Website, and manage Website security.
4.4 To process your order and manage this Website we may pass your personal information to our employees, agents and affiliated companies, and to third party service providers (including our delivery service provider) who may process your personal information on our behalf and under our control. If we do this, those individuals and organisations will be subject to these data protection terms or follow practices at least as protective of your personal information as those described in these terms.
4.5 If you subscribe to our newsletter, we may use the personal information you provide us to advertise our products to you. You may opt out of this advertising by sending an e-mail to: email@example.com.
5 Copyright and Trademarks
5.1 KandyCrew is the owner and operator of this Website.
5.2 This Website, its design, content and software and everything on it, is our property or the property of our affiliates or licensors. In particular, \"KandyCrew\" is a trademark of KandyCrew or its affiliates, and other trademarks that appear on this Website are the property of their respective owners. It is forbidden to copy, revise, translate, store or otherwise use the contents of this Website without our written consent.