1. About these Terms

These Website Terms & Conditions of Use (Terms) govern your access to and use of www.kidshomefashion.com (Website) and any associated services we provide. The Website is operated by Kids Home Fashion Pty Ltd (ABN 65 654 657 539) (we, us, our).

By using, browsing, registering or purchasing through the Website, you agree to be bound by these Terms. If you do not agree, you must stop using the Website.

We may update these Terms at any time. The current version is the one published on the Website. We recommend you review them from time to time. Continued use of the Website after changes are published constitutes acceptance of the updated Terms.

2. Eligibility

You may use the Website only if you are at least 18 years old and able to form a legally binding contract under Australian law. By using the Website, you confirm that you meet these requirements.

3. Account registration

Some features of the Website require you to create an account. When you register, you agree to:

• Provide accurate, current and complete information;
• Keep your account details up to date;
• Keep your password secure and not share your account with anyone else;
• Notify us immediately at info@kidshomefashion.com if you suspect any unauthorised use of your account.

You are responsible for all activity that occurs under your account. We may suspend or terminate accounts that are inactive, misused, or used in breach of these Terms.

4. Acceptable use

When using the Website you must not:

• Use the Website for any unlawful purpose or in breach of any applicable law;
• Interfere with, disrupt or attempt to gain unauthorised access to any part of the Website or its underlying systems;
• Use any automated means (including bots, crawlers or scrapers) to access the Website without our prior written consent;
• Collect personal information about other users;
• Post or transmit any content that is unlawful, defamatory, infringing, obscene, misleading, or otherwise objectionable;
• Use the Website to send unsolicited communications or for any commercial purpose without our prior written consent.

5. Products, pricing and ordering

5.1 Product information
We make every reasonable effort to ensure that product descriptions, images, dimensions and specifications on the Website are accurate. However, minor variations in colour, finish and packaging can occur and do not constitute a defect.

5.2 Pricing and currency
All prices are in Australian Dollars (AUD) and include GST where applicable. Freight is calculated at checkout and shown before you confirm your order. We reserve the right to correct pricing errors at any time prior to dispatch.

5.3 Acceptance of orders
Your order is an offer to purchase. A contract is formed only when we accept your order, which occurs when we send you an order confirmation. We may decline or cancel any order at our discretion (including for stock, pricing or fraud reasons), in which case any payment received will be refunded in full.

5.4 Pre-order items
Some products are sold on a pre-order basis. Pre-orders require full payment at the time of purchase. Estimated dispatch dates for pre-order items are estimates only and may change. We will keep you informed of any material delays. You may cancel a pre-order for a full refund at any time prior to dispatch by emailing info@kidshomefashion.com.

5.5 Payment
We accept payment via Stripe and PayPal. By submitting payment, you warrant that you are authorised to use the payment method and that the funds are sufficient. You agree to be bound by the payment provider’s own terms and privacy policies.

6. Delivery, warranty and returns

Delivery, warranty and returns are governed by separate policies published on the Website:

• Delivery Policy;
• Warranty & Returns Policy;
• Care & Maintenance Guide.

These policies form part of these Terms by reference. Where there is any inconsistency, the specific policy prevails over these Terms in respect of its subject matter.

7. Intellectual property

All content on the Website, including text, graphics, logos, button icons, images, audio, video and software (Content) is owned by or licensed to Kids Home Fashion Pty Ltd and is protected by copyright, trade mark and other laws of Australia and other countries.

You may view, download and print the Content for your own personal, non-commercial use only. You must not, without our prior written consent:

• Copy, reproduce, republish, modify, distribute, transmit, display or commercially exploit any Content;
• Use any of our trade marks, business names, domain names or logos;
• Reverse engineer, decompile or attempt to extract the source code of any software made available through the Website.

8. User-submitted content

If you submit reviews, photos, comments or other content to the Website (User Content), you grant us a worldwide, non-exclusive, royalty-free, perpetual and transferable licence to use, reproduce, modify, publish and display that User Content for any purpose connected with our business. You warrant that you own or have the right to grant this licence and that the User Content does not infringe any third party rights or applicable law.

We may, but are not obliged to, review, edit or remove any User Content at our discretion.

9. Third-party links and services

The Website may contain links to third-party websites or integrate third-party services (for example, payment, analytics, freight and marketing tools). We do not control these third parties and are not responsible for their content, conduct, products or terms. Your use of any third-party service is at your own risk and subject to that third party’s own terms.

10. Privacy
Our handling of your personal information is governed by our Privacy Policy, which is available on the Website and which forms part of these Terms.

11. Australian Consumer Law

Our products and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict or modify any rights you have under the Australian Consumer Law or any other law that cannot be lawfully excluded, restricted or modified.

12. Disclaimer

To the maximum extent permitted by law, and subject to clause 11:

• The Website and Content are provided on an “as is” and “as available” basis without warranties of any kind, express or implied;
• We do not warrant that the Website will be uninterrupted, error-free, secure, free of viruses, or that defects will be corrected;
• We make no representation as to the accuracy, completeness or currency of any third-party information made available through the Website.

13. Limitation of liability

To the maximum extent permitted by law, and subject to clause 11:

• Our total aggregate liability to you arising out of or in connection with your use of the Website or the supply of any product is limited, at our option, to: (a) replacing the relevant product; (b) repairing the relevant product; or (c) refunding the price you paid for the relevant product;
• We will not be liable for any indirect, incidental, special, consequential or punitive loss or damage, including loss of profits, loss of revenue, loss of goodwill, loss of data or loss of opportunity, however caused.

14. Indemnity

You indemnify us and our officers, employees and agents against any loss, damage, cost, expense or liability (including legal costs on an indemnity basis) arising out of or in connection with:

• Your breach of these Terms;
• Your use of the Website or any product purchased through it;
• Any User Content you submit;
• Your breach of any law or third-party right.

15. Suspension and termination

We may suspend or terminate your access to the Website (including any account you hold) at any time, with or without notice, if:

• You breach these Terms or any applicable law;
• We are required to do so by law or by a regulator;
• We discontinue the Website or any feature of it.

Termination does not affect any rights or obligations that have accrued prior to termination, or any clauses that by their nature are intended to survive termination.

16. Force majeure

We will not be liable for any failure or delay in performing our obligations to the extent caused by events beyond our reasonable control, including acts of God, fire, flood, storm, pandemic, war, civil unrest, strikes, supply chain disruption, freight carrier failure, government action, or failure of utilities or telecommunications.

17. Dispute resolution

If a dispute arises between you and us, the parties agree to try to resolve the dispute as follows:

1. The party raising the dispute must give the other written notice setting out the nature of the dispute, the desired outcome, and the action required to resolve it.
2. Within 21 days of the notice, the parties must meet (in person, by phone or by video) and attempt to resolve the dispute in good faith.
3. If the dispute is not resolved within 30 days of the notice, either party may refer the dispute to mediation administered by the Resolution Institute (resolution.institute) or another mediator agreed in writing by both parties. The parties will share the mediator’s fees equally and bear their own costs.
4. Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court.

18. Governing law and jurisdiction

These Terms are governed by the laws of Queensland, Australia. Each party submits to the exclusive jurisdiction of the courts of Queensland, Australia and the courts of appeal from them.

19. General

• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.
• No waiver: Failure or delay by us to enforce any provision of these Terms is not a waiver of our rights.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights at any time.
• Entire agreement: These Terms (together with the policies referred to in them) constitute the entire agreement between you and us in relation to your use of the Website.

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Contact us
If you have any questions about this document, please contact Kids Home Fashion Pty Ltd:

• Email: info@kidshomefashion.com
• Phone: 0474 439 116
• Post: 21 Turbo Drive, Coorparoo QLD 4151, Australia
• ABN: 65 654 657 539
• ACN: 654 657 539