Terms & Conditions

DISCLAIMER OF LIABILITY

GENERAL DISCLAIMER

WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS IN ASSOCIATION WITH USE OF THIS WEBSITE OR A LINKED WEBSITE. THIS GENERAL DISCLAIMER IS NOT RESTRICTED OR MODIFIED BY ANY OF THE FOLLOWING SPECIFIC WARNINGS OR DISCLAIMERS.

SPECIFIC WARNINGS AND DISCLAIMER

Kooshy Kids Pty Ltd is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own safeguards to ensure that whatever you select for your use from this website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be amended. We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.

Under no circumstances (including but not limited to any act or omission on the part of Kooshy Kids Pty Ltd) will Kooshy Kids Pty Ltd be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website. To the fullest extent permitted by law, Kooshy Kids Pty Ltd' liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of Kooshy Kids Pty Ltd  to the following: in the case of services supplied or offered by Kooshy Kids Pty Ltd, which are not of a kind typically acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Kooshy Kids Pty Ltd, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired. In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.

The Terms of Use are effective until terminated by Kooshy Kids Pty Ltd and Kooshy Kids Pty Ltd may terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.

PAYMENTS

All transactions are secure and encrypted, and we never store your credit card information.  All credit/debit card transactions on the Kooshy Kids Pty Ltd website are processed using Shopify and PayPal. Payment information is also governed by Shopify and Pay Pal's privacy policies. 

GENERAL TERMS

1. EXCHANGES, RETURNS & WARRANTY (12 month product Warranty)

1.1 Subject to the rights granted to you by statutory consumer protection legislation, Kooshy Kids Pty Ltd does not offer refunds or exchanges for change of mind. Under these terms and conditions, travel plans that have been postponed or cancelled due to unforeseen circumstances, are one example that constitutes change of mind. 

1.2 All orders placed are final and cannot be cancelled.

1.3 Under no circumstances will Kooshy Kids Pty Ltd be liable or issue a refund if the product is not delivered in time for travel or other purpose. Please allow ample time for delivery. The time frames quoted on this site and given by staff are a guide only and can be affected by many factors.

1.4.1 Kooshy Kids Pty Ltd will not provide a refund if refused use by an airline or if the customer receives advise about the use of the product after purchasing the product from us. The advice provided on our site about airlines is correct to the best of our knowledge at the time of being published, however may change without notice. We highly recommend checking with your airline prior to purchase. 

1.4.2 Kooshy Kids offers an Approved Airline Money Back Guarantee. Once Kooshy Kids PTY LTD has received all necessary documentation from you as outlined on the Approved Airline Money Back Guarantee and can confirm that the airline did not allow use for reason's out of the customer's control, Kooshy Kids will issue a store credit for the Kooshion portion of your order. The amount credited will exclude shipping, pumps and other items purchased. 

1.5 Kooshy Kids Pty Ltd offers sales and discounts from time to time. These cannot be applied retrospectively, nor can an order be cancelled or refunded due to a sale or discount being offered after the order was placed. 

1.6 Any prizes offered as part of a Competition will be as described by Kooshy Kids Pty Ltd. Prizes are not transferable and are not redeemable for cash. Taxes or extras on any prizes are the responsibility of the winner.  In the event that the prize specified in the Competition becomes unavailable for any reason, we will substitute the prize for a Kooshy Kids store credit of the cost (to Kooshy Kids) of the prize up to a maximum of $500. Winners receive prizes entirely at their own risk.

1.7 Due to health, safety and hygiene, once an order containing a a Kooshy Kloud or Kooshy Kids Kooshion leaves the Kooshy Kids Pty premise, exchanges and/or returns are not permitted. 

1.8 Under circumstances deemed acceptable by Kooshy Kids Pty Ltd, returns or cancellations may be accepted in exchange for a store credit, minus postage costs (where applicable) and will incur a $25 administration fee. 

 2. LIMITATION OF LIABILITY

2.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury, death or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

3. RISK

3.1 Title of the purchase will pass to you on receipt of full payment from you or when you receive the purchase, whichever happens later.

3.2 Risk of loss or damage to the purchase will pass to you when we provide the purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery. We are not responsible for delivery once the product has been transferred to the third-party delivery service.

3.3 Kooshy Kids is not responsible for parcels misplaced as a result of being left at the premises.

3.4 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, we make no representations to you in respect of your use of the product. Kooshy Kids Pty Ltd provides no warranty as to any results or outcomes associated with using the product. We highly recommend contacting your airline and investigating any specific policies they may have that may affect your use of the product.

3.5 You expressly acknowledge that Kooshy Kids Pty Ltd's products should be used under direct adult supervision always and follow our safety guidelines.

3.6 You expressly acknowledge that your use of our products is at your sole risk.

4. PRIVACY

4.1 By providing your personal information, you expressly acknowledge that Kooshy Kids Pty Ltd may use your personal information to
(a) send you direct marketing material by email or sms; and
(b) compile a consumer profile about you to enable us to serve you in a more personalised way.

4.2 As with all of your personal information that we hold on our website, Kooshy Kids Pty Ltd will not provide this information to third parties without your consent, except where:
(a) such disclosure is permitted under the Privacy Act 1988;
(b) Kooshy Kids Pty Ltd is required by law to disclose information to third parties; or
(c) Kooshy Kids Pty Ltd has outsourced some internal functions to third parties, for example data warehousing companies, marketing companies or contractors that carry out administrative functions on their behalf.

5. ORDER FULFILMENT AND STOCK AVAILABILITY

5.1 In the event that an item is out of stock at our USA warehouse, we reserve the right to transfer the order to our Australian warehouse without notice.

Once transferred, the order will be placed in a queue with all global orders and will be processed accordingly. This ensures that we can fulfil your order as promptly as possible. 

 

BLACK FRIDAY SALE 2024 TERMS AND CONDITIONS

1. Sale Dates

• The Black Friday Sale runs from 9:00 AM AEST / 10:00 AM AEDT on November 11th to 11:59 PM AEDT on December 2nd, 2024.
• Kooshy Kids reserves the right to change the sale dates or end the sale without notice.

2. Discounts and Offers

• Site-wide discounts of up to 70% are available.
• Orders over $175 (excluding shipping) qualify for a complimentary gift. Gift availability may change without notice.
• Other discount codes cannot be applied during the sale.

3. Prior Orders and Free Gifts

• Discounts and gifts cannot be applied retroactively to orders made before the sale.
• Free gifts must select "Add gift" in their cart for eligible orders. Customers must ensure the gift is in the cart on the final checkout screen before completing the checkout process.
• Orders cannot be combined to reach the $175 threshold for the free gift.

4. Airline Policies

• Orders cannot be cancelled, refunded, or returned due to an airline’s non-acceptance of the products.

5. Shipping, Processing, and Delivery

• Processing times may extend up to 10 business days.
• Priority Processing ($35) speeds up order dispatch, but does not include Express Post.
• Kooshy Kids is not responsible for delays caused by couriers.
• Refunds will not be provided if orders do not arrive in time for travel.

6. Order Modifications

• Customers can update their orders through the Order Edit portal at www.kooshykids.com.au/edit until dispatch.
• Please note that if your original order did not meet the free gift threshold and you add to your order later in order Order Editing portal and it makes your total order value over $175, you will not be entitled to the free gift. The free gift can only be added when the original order is over $175. 
• Once an order has been dispatched, orders cannot be modified.

7. Returns and Refunds

• Returns are accepted only for faulty items.

8. Free Shipping

• Free shipping is not offered during the sale due to the significant discounts already provided.

9. Gift Conditions

• Free gifts cannot be exchanged, returned, or redeemed for cash.
• Kooshy Kids reserves the right to substitute the complimentary gift without notice.

10. General Terms

• All purchases are subject to Kooshy Kids' general Terms and Conditions.
• By purchasing, customers agree to these Terms and Conditions.

50/50 Sale Terms and Conditions

1. Overview of the 50/50 Sale
1.1 The 50/50 Sale is a limited-time promotion offering 50% off all products for 50 minutes. It will take place on November 28th, 2024, starting at 8:00 PM AEDT and ending at 8:50 PM AEDT. This sale is accessible worldwide.
1.2 After the 50-minute sale period, prices will revert to standard Black Friday discounts, which will continue until 11:59 PM AEDT on December 2nd, 2024 or until sold out.

2. Timing and Availability
2.1 The 50/50 Sale begins at 8:00 PM AEDT (Sydney time) on November 28th, 2024. For customers in the USA, the sale begins at 1:00 AM PST / 4:00 AM EST on November 28th.
2.2 The sale is strictly limited to the designated 50-minute timeframe and will not be extended under any circumstances.

3. Discount Restrictions
3.1 The 50/50 Sale discount cannot be combined with any other promotions, discounts, or free gifts.
3.2 Discounts cannot be applied to past purchases or retroactively to orders made before the sale.

4. Preparation and Checkout
4.1 Customers are encouraged to prepare for the 50/50 Sale by adding desired items to their cart in advance. Once the sale begins, the discount will automatically apply at checkout.
4.2 Ensure the page is refreshed when the sale begins to reflect the discounted prices.
4.3 Signing up for the VIP list is recommended to receive reminders about the sale start time.

5. Sale Policies
5.1 Discounts and availability during the 50/50 Sale are subject to stock levels and may vary. Kooshy Kids reserves the right to adjust inventory availability without prior notice.
5.2 If a product has a higher discount percentage under the general Black Friday Sale, customers are advised to purchase that item separately before or after the 50/50 Sale period to secure the greater discount.

6. Order Changes and Refunds
6.1 Orders placed during the 50/50 Sale cannot be modified, combined, or cancelled once completed.
6.2 No refunds or exchanges will be issued for customers who place orders before the 50/50 Sale and wish to apply the promotional discount retroactively.

7. Complimentary Gifts
7.1 Complimentary gifts are limited and may not sell out and become unavailable. If the free gift is not marked on your confirmation email then you have either not selected it or it is unavailable. 

8. General Terms
8.1 By participating in the 50/50 Sale, customers agree to all terms and conditions set forth here and in Kooshy Kids' general Terms and Conditions.
8.2 Kooshy Kids reserves the right to modify or cancel the sale at its discretion without prior notice.

These terms are a supplemental addition to the existing Kooshy Kids Black Friday Sale 2024 Terms and Conditionsand apply exclusively to the 50/50 Sale event.

Kooshy Kids Pty Ltd has the right to alter its terms and conditions at any time.

By making a purchase with us, you indicate that you have read and understand the terms and conditions listed above.

Kooshy Kids Pty Ltd has the right to alter these terms and conditions at any time.