Online Terms and Conditions
- These Terms apply to the ordering, purchase and delivery of Goods from the Website, and form a contract between you and The Chelson Group trading as Incy WIncy Kids ABN 92 616 648 330 ACN: 626648330 (Incy WIncy Kids) (Terms).
- These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.
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 Incy Wincy Kids for the supply of Goods.
- We reserve the right to alter and change these Terms from time to time. Changes to these Terms will be effective immediately upon publication on the Website. Your continued use of the Website following such publication will represent an agreement by you to be bound by these Terms as amended. It is your responsibility to be aware of these Terms as they may be altered.
Placing Orders for Goods
- You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
- Incy Wincy Kids 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 Goods due to 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 s many Goods as you wish in one Order.
- Incy Wincy Kids reserves the right to accept or reject your Order for any reason at any time. If Incy Wincy Kids rejects your Order you will receive a refund of any money paid.
Availability of Goods
- From time to time, some Goods 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 Goods impacted.
- We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Incy Wincy Kids Online 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 Good.
- Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 6.
- Incy Wincy Kids reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where 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, under clause 6, and Incy Wincy Kids will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order in accordance with clause 6 of these Terms.
- 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:
- all pictures and images of Goods displayed are for illustrative purposes only;
- any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
- where 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 Good 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 Good).
- Price and Payment
- 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 where applicable.
- Incy Wincy Kids 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 (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).
- The price you see on the Website is the price you will pay at checkout. Incy Wincy Kids is not responsible for incorrect pricing on external websites.
- Payment methods are specified on the Website, which includes PayPal and credit card. The name on any credit card used for payment must match the name on the Order. Cheques cannot be used as a payment method for any purchases from Incy Wincy Kids, including Orders.
- Any payment for an Order must be cleared by Incy Wincy Kids before Goods 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 Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
- GST & Taxes
- The Australian GST tax rate applies to all orders delivered within Australia.
- International orders are exempt from Australian GST (10%), however they may incur taxes and duties applied by customs in the country where the order is delivered.
- Any duties and taxes incurred in the country of destination are the responsibility of the customer.
- If you require further information about your country’s taxes and duties you will need to contact your local customs office directly.
- To comply with Australian export regulations, we are required to declare the exact value of all items ordered and to mark them as dutiable ‘merchandise’. We are also prohibited by law from marking the order as a ‘gift’, even if order is placed with the intention of sending to a gift recipient.
Order Cancellations and Returns
- Unless provided for under these Terms or as otherwise agreed by Incy Wincy Kids, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods pursuant to clause 6.4.
- If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
- Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, design selection etc.
- Goods can only be returned pursuant to the following:
- In addition to your statutory rights, returns or exchanges on unworn Goods are available within 7 days of the purchase date (excluding sale/or promotional items). With respect to Goods on sale, we do not provide a refund if you change your mind but we are happy to exchange or provide a credit note, as long as the purchased Goods have not been worn, are in their original condition, and are returned within 7 days of the purchase date.
- A receipt is required as proof of purchase on all return transactions.
- Refunds will be given in the tender of the original purchase.
- Returned Goods will not be accepted if there are any marks or signs of wear on the packaging and/or Goods.
- We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
- Unless otherwise indicated directly to Incy Wincy Kids, we may send you marketing information.
- Incy Wincy Kids reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
Risk and Title
- Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent.
Exclusions and Limitations
- 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 of any Goods. 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.
- Incy Wincy Kids excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
- Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. Otherwise, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the Goods will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Goods.
- No warranty is given and we will not be liable for:
- alterations to Goods for which we are not responsible;
- damage or failure caused by unusual or non-recommended use or application of the Goods; or
- loss caused by any factors beyond our control; and
- We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us (including breach, termination or non-observance of the terms of an Order or agreement which incorporates these Terms).
- Our total liability for breach of these Terms and Conditions or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to:
- the replacement of the Goods or the supply of equivalent Goods;
- the repair or rectification of the Goods;
- the payment of the cost of replacing the Goods; or
- the payment of the cost of the repair or rectification of the Goods; and
- If we obtain goods or services from a third party in order to carry out your instructions or complete an Order:
- we will not be liable for any breach of these Terms and Conditions if that breach is as a result or is connected with the supply by a third party of such goods or services;
- we acquire such goods or services as agent for you not as principal and will have no liability to you in relation to the supply of these goods or services
- any claim by you in relation to the supply of such goods or services must be made directly against that third party; and
- you must pay for such goods or services and we will give you notice of any such third party charges as applicable.
- We may, at our discretion, terminate the agreement for the supply of Goods to you:
- for convenience, at any time, on giving notice to you; or
- immediately if Incy Wincy Kids reasonably believes that you have breached these Terms and:
- that the breach is not capable of remedy; or
- if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied.
- We may, at our discretion, terminate the agreement for the supply of Goods to you:
- Arch N Ollie may give notice to you by electronic mail.
- Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceable. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
- A failure or delay by Incy Wincy Kids to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Incy Wincy Kids does not preclude its future exercise or the exercise of any power or right.
- The laws of New South Wales, Australia govern this agreement.
The following definitions apply to these Terms.
Business Day means a week day in which trading banks are open for the transaction of banking business in New South Wales, Australia.
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 Arch N Ollie to deliver Goods.
Delivery Fee means a fee for the delivery of Goods – see clause 4.
Goods 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.
Order means a request by you to purchase Goods from Arch N Ollie under these Terms.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website.
Website means the website http://incywincykids.com
We, Us, Our and Incy Wincy Kids means The Chelson Group Pty Ltd. trading as Incy Wincy Kids ABN 92 616 648 330 ACN: 626648330
You and Your means you as the purchaser of Goods from Incy Wincy Kids pursuant to these Terms.