Terms & Conditions

Thank you for visiting KidSmile website. Please read the Terms and Conditions of this website carefully as any use of the website by you constitutes acceptance of the Terms & Conditions set out below. In accessing or using the site, you acknowledge that you have read and understood, and agreed to be bound by these Terms and Conditions.

 


1. Compliance with Terms

   You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and KidSmile for the supply of Products.

 


2. Order

   To purchase Products on the Website, you must create an account and complete all information required by KidSmile.

 

   For each account, you must provide a valid email address and telephone number at which you can be contacted.

 

   You are responsible for any and all activities by you or any other person using your account.

 

   You agree to obtain consent to provide KidSmile with Personal Information of recipients of gifts or Products Ordered.

 

   KidSmile will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Products due to the inaccurate or incomplete details provided in an Order.

 

   If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Products as you wish in one Order.

 

   KidSmile reserves the right to accept or reject your Order for any reason at any time. If KidSmile rejects your Order you will receive a refund of any money paid.



3. Availability of Products

   From time to time, some Product may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Products impacted.

 

   We may withdraw or suspend from sale any Product displayed on the Website, either temporarily or permanently, at any time. KidSmile will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Product. If a withdrawal Product is a part of a processed Order, we will refund any money paid and send you a notification.

 

   KidSmile reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. If your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, and KidSmile will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.

 

   If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.

 

   You acknowledge and agree that (a) all pictures and images of Products displayed are for illustrative purposes only;(b) any accessory featured with the Products is for illustrative purposes only, and may be sold separately; and (c) even we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Product is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Product).



4. Price

   When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.

 

   All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST if applicable.

 

   KidSmile reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price.



5. Payment

   Payment methods are specified on the Website or told to you at the time you place your Order.

 

   Any payment for an Order must be cleared before Products are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.

 

   In paying or attempting to pay for Products, you agree that you have not engaged in any fraudulent conduct or contravened any Law.



6. Delivery of Products

   KidSmile uses Delivery Agents to deliver your Products. You agree that your details, including your Delivery Address and phone number, will be supplied to the Delivery Agent for the purpose of delivering your Products

 

   Delivery of Product will take place at the Delivery Address specified by you in the Order. If available on products in your cart, you may split your delivery and deliver selected parts of your order to different addresses. You may choose this option in the Order process. Separate Delivery Fees will be charged for each address to which Goods are delivered. The Delivery Address may only be changed within 45 minutes from the time the order was place.

 

   KidSmile will only deliver your Products if someone is at the delivery address to accept delivery of the Products. We may require the person accepting the delivery of your Product to provide us with proof of identity and/ or the credit card used to pay for the order (if applicable). If the person accepting the delivery of your Product refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where re-delivery is required because of refusal to accept delivery, you may be required to pay additional Delivery Fees.

 

   For bulk products, you may contact us to make arrangements for delivery including delivery method, particular features of Delivery Address after placing Order.

 

   If there is no one available at the Delivery Address to accept delivery, KidSmile will try to contact you or you can contact us to arrange for different delivery time. You may be required to pay additional fee for re-delivery your Products.

 

   You acknowledge and agree that any person at the delivery address who receives the Products is authorized by you to receive your Products. Once delivered, you and your representative must inspect and test the Products and ensure the Products delivered match your Order. Risk and title in the Products ordered on the Site passes to you upon delivery to you at your Delivery Address.


   Warranty is not available.


   During major sales events Orders may experience delivery delays. KidSmile will provide notification on the Website of such delays.



7. Return of Products

   All returns of Products ordered on the Website are subject to Our Returns Policy on the Website.

 


8. Marketing

   You may receive online offers and promotions which include a Code for use when placing Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.

 

   Certain offers, including cashback and bonus redemptions are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to cashback and bonus offer redemptions. Cashback and bonus offers redemption may require you to send a form to the supplier, and may exclude postage and handling costs and any other costs incurred as a result of redeeming the offer.


   All references to times in promotions are based on the local time in Melbourne, Australia unless stated otherwise.



9. Privacy

   You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data or of information contained on your computer system or on the Site. To the maximum extent permitted by law, we accept no liability for any Loss which you may suffer or incur as a result of such activity.

 


10. Definitions

   Agreement means the Agreement between You and Us comprising these terms and conditions.

   Products means the items offered for sale on the Website.

   GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

  Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

   Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.

   Delivery Agent means a third party delivery or shipping company engaged by KidSmile to deliver Products.

   Delivery Fee means a fee for the delivery