Terms & Conditions
www.kindiscool.com.au, operated by Kind is cool is registered to 19 Industrial Park Drive Lilydale 3140. ABN 73 990 197 381
Our website, www.kindiscool.com.au, operated by Kind is cool is registered to 19 Industrial Park Drive Lilydale. All references to “we”, “us” and “our” shall be deemed to be references to Kind is cool and references to “you” and “your” shall be deemed to be references to persons placing an order via this website.
The following terms and conditions apply to all use of the Kind is cool website. By placing an order with us you agree to have read, understood and accepted to these terms and conditions. Please note, as these may be subject to change at any time without notice, it is your responsibility to check this page prior to any use or purchase. If you have any queries regarding our terms and conditions, please contact us before use or order placement.
**SALE items are FINAL SALE cannot be returned or exchanged**
When placing an order, you agree that all details you provide to www.kindiscool.com.au for the purpose of purchasing goods are accurate and complete in all respects.
• Your contract for purchases made through www.kindiscool.com.au is with Kind is cool and you confirm that all goods ordered by you are for your own private and domestic use only and are not for resale.
• All orders are subject to product availability and acceptance by Kind is cool.
• The price and availability of goods are subject to change without notice.
• Promotional offers, vouchers and codes may not be used on sale products, or in conjunction with any other offer, unless otherwise stated. All offers are subject to availability and may be withdrawn at any time without notice. Any offer of free delivery is limited to a standard delivery service, within Australia only.
By placing an order via this website, you are making an offer to Kind is cool to purchase the goods detailed in your order upon the terms described, at which point your payment card or Paypal account will be debited.
• You certify that the payment method you are using is your own and that there are sufficient funds in your account to cover payment of the product/s ordered.
• If any product from your order is unavailable, we will contact you by email, then attempt to fulfil your order from store and confirm details of any cancellation made where fulfilment has not been possible.
• We are unable to make amendments to an order after the point of despatch. Should you wish to make any changes prior to despatch, please contact our Customer Services team firstname.lastname@example.org It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will have their details passed onto the Police.
Kind is cool reserve the right to terminate our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:
• You breach any of our terms and conditions.
• If requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
• We suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on www.kindiscool.com.au
• Sale/Offer/discount codes cannot be backdated to prior purchases.
• Sale/Offer/discount codes cannot be added to an order after an order has been placed.
• Sale/Offer/discount codes cannot be combined with other sale/offer/discount codes
ERROR IN ORDER/S:
If there is an error in your order please notify us at email@example.com - we do our best to ensure the correct garments are packed - however sometimes errors can occur.
The incorrect garment is required to be sent back (KIC will refund your postage cost when order arrives) and the correct garment will be sent out as soon as the incorrect garment has been received back.
If a garment is missing from your order/s please notify us at firstname.lastname@example.org
If there is an error in the entered address and the parcel is RTS, postage will be required to be paid by the customer for the shipment to be sent out a second time.
CONFORMITY OF GOODS:
Every care is taken to ensure that the description, specification and pricing of all products shown on our website and in our catalogues is correct. The product information and specification provided is not binding, but is carefully considered and intended to give a general description of each product.
While the colour reproduction of each product is a close representation, we cannot accept any responsibility for any variation in colour caused by the differences in browser software.
Kind is cool will act immediately to correct any error identified and are under no legal obligation to honour a price displayed in error.
All delivery time-frames stated are estimated and may be subject to change. Please note, for International deliveries, local import duties and charges may apply.
We always aim to pack and despatch your order as quickly as possible. Once it’s ready, we’ll send an email confirming all the details of your delivery including carrier and tracking information
Further information on each of our delivery options:
AUSTRALIAN DISPATCH & DELIVERY:
Dispatch of orders is normally 24 hours, however this can sometimes be extended to 7-10 business days, due to being printed on demand.
*in busy periods please be aware that delays will occur.
Busy periods are defined as SALES, NEW RELEASES, HOLIDAYS etc
Delivered within 3-7 working days by Australia Post.
During busy sale / holiday periods please check Australia Post timeframes via their website.
PLEASE NOTE: The timeframes displayed for postage are once your order has dispatched it will take australia post the displayed amount of time to get your order to you. If your order is delayed or has not arrived in the time quoted please reach out to australia post as we do not have access to postal route data. Only australia post can help with postal enquiries once your order has dispatched.
Returns will be accepted within 7 days of receipt, where goods are returned in perfect condition and where possible in their original packaging with all tags attached.
Refunds of garments that returned as change of mind or if customer has ordered an incorrect size is not accepted, under these conditions we can only offer a return and provide you with store credits. No refunds will be given.
We are unable to accept returns for change of mind, if a size that you did not order was received or if a faulty product was received a replacement will be sent free of charge.
Garments MUST be returned in a 'resealable' condition, no marks, no odours and intact.
Any exchanges received without a return lodged will be Returned to sender, an exchange/return needs to be lodged prior to returning any garment.
Postage costs are the responsibility of the customer for returning the garment and for the new garment to be shipped out.
A store credit will be issued once the garment is returned in "sellable" condition.
If the garment is not in a "sellable" condition it will be returned to sender.
If the Garment is outside the 14 day exchange window the garment will be returned to sender at the senders cost.
- Sale items CANNOT be exchanged or refunded
- **SALE tagged (SALE corner IMAGE) items are FINAL SALE cannot be returned or exchanged**
By submitting information to us and/or accessing and using the website and the Platform Services, you consent to us using and disclosing your Personal Information to conduct marketing.
If you wish to become a registered user of the website, we may collect from you information about you or relating to you when you use the Platform Services, such as when:
- you sign-up to receive our newsletter or other email notification services,
- you communicate with us via telephone, SMS, email or via social media (including by submitting a query through our website via our “Contact” webpages),
- you visit web pages associated with the Platform Services, and
- you conduct activities connected with your use of the Platform Services.
We may ask you to provide Personal Information including your name, email address, age and gender, questions and answers to security questions and other information that enables us to provide you with an online profile and to verify your identity when using the Platform Services.
To place an order with us online, we request certain information including your name, delivery and email address and payment card details. This information is required to enable us to process your order and notify you of its progress.
Information we use, how & why
Once an order has been placed, we will contact you by email to confirm your order details and again once your order has been accepted and despatched. Should we need to contact you for any reason regarding your order, we will use the email address registered to your account, or the telephone number where provided.
With the exception of feedback requests or assistance with delivery, we will never pass your e-mail address to any other organisation. For the sole purpose of aiding a delivery, your contact details may be shared with the chosen carrier.
To unsubscribe from postal mailing or make amendments to your mailing preferences, please contact us by email at email@example.com
When using our social media tags, keep in mind that this information is shared publicly. Therefore, don't give out any information you wouldn't be comfortable with a stranger knowing - this includes your address, phone number, date of birth, email address, bank and credit card details, and place of work.
Your outfits are likely to appear in the following places:
• Home Page - If it is selected by the KIC team.
• Instagram & Facebook - Users searching for the relevant hashtags will be able to see your post and your profile.
• Instagram & Facebook - On our official account if selected by the social media team.
• Facebook, Pinterest, Google+ and other social networking sites and search sites.
What if I want to keep my posts private?
If your social media account is set to "private", your posts will not be seen by anyone other than those in your network. If your social media account is public, we recommend that you do not use these tags or you delete them from your post.
Kind is Cool takes social media very seriously, any negativity, bullying or defamation may result in legal action.
If you have any queries about the personal information we are holding in your name, please contact our Customer Service team, who will be more than happy to review your account and update our records as required.
SAFETY & SECURITY:
Our website uses the latest secure server technology to ensure your information is protected to the highest standard, whenever you place an order or access your account information.
Once an order has been placed, we don’t store the details of your payment card, This eliminates the need for merchants, e-commerce sites and operators of mobile wallets to store sensitive payment card data on their networks and reduces the risk of fraud.
We reserve the right to change information, prices, specifications and descriptions of listed goods, products and services. We may modify these Conditions at any time by posting the Conditions on our website.
Kind is cool does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation.
To the fullest extent permitted by law and save as provided above, neither Kind is cool nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Kind is cool or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
The limitations of liability in these conditions shall apply equally for the benefit of Kind is cool and any other associated company of Kind is cool as if references to Kind is cool included references to each such associated company.
While Kind is cool uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Kind is cool will not be responsible for any errors or omissions or for the results arising from the use of such information.
While Kind is cool takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, Kind is cool will not be responsible nor liable for your use of any other websites which you may access via links within this website. Kind is cool does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Kind is cool.
The entire liability of Kind is cool under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Kind is cool will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Kind is cool may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Kind is cool.
Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
All rights, including copyright, in the content of the www.kindiscool.com.au web pages are owned or controlled by Kind is cool. In accessing www.kindiscool.com.au web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the www.kindiscool.com.au web pages for any other purpose whatsoever without the prior written permission of Kind is cool.
THIRD PARTY INFORMATION:
We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Kind is cool products are those stated on the Kind is cool material.
These Terms and Conditions and your use of our website are governed by Australian law and you agree to submit to the non-exclusive jurisdiction of the Australian court. This does not affect your non-excludable statutory rights.
This website and our Terms and Conditions have been designed for use within Australia and under Australian law. Whilst we are happy to consider requests for products and enquiries from outside Australia, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside Australia complies with any applicable non-Australia laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
Kind is cool
19 Industrial Park Drive Lilydale 3140
PRIVACY AND SECURITY:
Kind is cool
Privacy & Cookies: How we keep your data safe and secure.
Protecting Your Privacy
At Kind is cool we’re committed to protecting your privacy. If you have any questions about how we do this, then email us at firstname.lastname@example.org
How we use your information:
We typically use your personal data in order to fulfil an order you place with us, monitor website activity and for marketing purposes.
In order to provide our services to you, we will share your data with the following types of companies who we have a relationship with:
• Companies who enable us to get your order to you, such as warehouses, delivery companies and payment service providers.
• Professional service providers who help us to run our business, such as website hosts and marketing agencies.
• Law enforcement, fraud prevention agencies and any relevant regulator where there is a legal duty for us to do so.
• Companies specifically approved by you, such as those you’ve asked to hear from when entering a competition on our website.
They will only process your personal information on our instructions, where there is a business need to do so, and are subject to a duty of confidentiality.
We will not sell any of your personal data to any third parties.
Under data protection law, it is considered a legitimate business interest for us to use our customers’ details for direct marketing. We will therefore send you marketing messages via email to keep you updated with our latest collections and promotions.
We will also send you marketing messages by email, but only if you have given us your permission to do so.
If you would prefer to stop receiving marketing messages from us then you can do this at any time by either:
• By contacting us email@example.com
Once you’ve done this you will stop receiving marketing messages from Kind is cool. Your request may take a few days to process on our system. You will continue to receive service communications from us, for example order confirmation emails.
If you follow KIC on Social Media, such as being a follower of the Kind is cool Facebook group, please note all posts and personal data shared there is also subject to this policy.
Kind is cool operates a supplier policy and maintains a preferred supplier list. We conduct due diligence on all suppliers before allowing them to become a preferred supplier. This due diligence includes an online search to ensure that particular organisation has never been convicted of offenses relating to modern slavery and on site audits which include a review of working conditions. We are committed to complying with the act and we will ensure our anti-slavery policy forms part of our contract in the future with all suppliers and they are required to confirm that no part of their business operations contradicts this policy.
Our competition to win varies each month in prizes, to enter your email and/or phone number is required.
The competition is drawn monthly, with the winner being notified via email.
By entering our competition you agree to be added to our data base, if you wish to be removed please 'unsubscribe' from the emails and or sms's.
Actual colors may vary. This is due to different device displays displaying colors differently and everyone can see these colors differently. We try extremely hard to ensure our photos are as life-like as possible, but please understand the actual color may vary slightly from your device.