Terms and Conditions of Kiddy Kapers

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by Kiddy Kapers Party Makers Pty Ltd ACN 105 702 298 (Kiddy Kapers). All enquiries and notices may be directed to:
Kiddy Kapers Party Makers Pty Ltd
P.O. Box 724, Sumner Park Qld 4074
Or by email to: info@gabbyglamour.com
All users of this website agree that the use of this website is subject to these terms and conditions. If you do not agree to be bound by these terms and conditions, please do not use this website.
1. Cancellation Fee
1.1 Party Package means any gift packs, party bags or other goods or products and any hairdressing, cosmetic or other service provided by either Kiddy Kapers or a third party which is purchased on this website.
1.2 You agree that any Party Package order on this website includes in the initial booking fee a $50.00 (excluding GST) non-refundable deposit (the Deposit).
1.3 In the event that:
(a) you notify Kiddy Kapers in writing within 14 days of placing a Party Package order through this website that you wish to cancel your Party Package order; and
(b) the Party Package has not yet been shipped;
then Kiddy Kapers will refund the initial booking fee less the Deposit to you via the same method of payment you used to pay the initial booking fee on this website.
1.4 In the event that:
(a) you notify Kiddy Kapers in writing within 14 days of making a Party Package order through this website that you wish to cancel your Party Package order;
(b) the Party Package has been shipped; and
(c) the Party Package shipped is returned (at your sole expense) to Kiddy Kapers unused, undamaged and in the same state as when shipped;
then Kiddy Kapers will refund the initial booking fee less the Deposit to you via the same method of payment you used to pay the initial booking fee. If clause (c) is not strictly complied with, Kiddy Kapers will refund to you the initial booking fee less the Deposit, and less $100.00 (excluding GST) for the non-returned Party Package via the same method of payment you used to pay the initial booking fee.
2. Acceptance and Return Policy
2.1 You shall inspect the Party Package immediately upon its arrival and shall, within 3 business days from such inspection, give notice in writing to Kiddy Kapers of any matter or thing by which it is alleged that the Party Package is not in accordance with the contract to purchase the Party Package on this website from Kiddy Kapers.
2.2 If you fail to give such notice the Party Package shall be deemed to comply in all respects with the contract and you shall be bound to accept and pay for the same accordingly.
2.3 If Kiddy Kapers receives the written notice in compliance with clause 2.1 above, then it may, at its sole and absolute discretion, either organise a replacement Party Package for you or a refund of the initial booking fee or other applicable fee via the same method of payment you used to pay the initial booking fee or other applicable fee.
3. Limitation of Liability
3.1 You and Kiddy Kapers hereby agree and acknowledge that, to the extent permitted by law, in the event of any loss, damage or claim arising out of the use of this website, any Party Package purchased on this website, or any other good or service provided by any third party associated with the Party Package order (including but not limited to any hairdressing or cosmetics good or service) (the Party Package Product), the liability of Kiddy Kapers is limited to the replacement of the Party Package or the cost of replacement.
3.2 You agree to use the Party Package Product at your sole risk, and that Kiddy Kapers shall not be liable for any loss, damage or claim of any kind related to your use of the Party Package Product.
3.3 This website and all contents of this website are provided on an as is basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
3.4 You agree to indemnify and hold Kiddy Kapers, its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees on an indemnity basis, arising from or related to your use of the Party Package Product by you or any other person accessing this website using your internet connection.
3.5 Most products advertised on this website are not suitable for children under the age of 3 years.
4. These Terms and Conditions May Change
Kiddy Kapers reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.
5. Jurisdiction
Your use of this website shall be governed in all respects by the laws of Queensland, Australia. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or in relation to this website (including but not limited to the purchase of Kiddy Kapers products or services), shall be in the State or Federal Courts located in Brisbane, Queensland.
6. Other
6.1 Kiddy Kapers failure or delay in insisting upon or enforcing strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right of Kiddy Kapers. Neither the course of conduct between the parties nor trade practices shall act to modify any of these terms and conditions. Kiddy Kapers may assign its rights and duties under these terms and conditions to any party at any time without notice to you.
6.2 Kiddy Kapers reserves the right to terminate, with or without notice, access by any user of this website. These terms and conditions remain in effect following termination of the use of this website by either Kiddy Kapers or the user.
6.3 If anything in these terms and conditions is or is determined to be unenforceable, illegal, voidable or void in a jurisdiction then it is severed for that jurisdiction and the rest of the terms and conditions remain in full force and effect in all other jurisdictions. This clause has no effect if the deletion of the provision or provisions would substantially alter the intentions of the parties or the commercial nature of these terms and conditions.
6.4 You acknowledge and declare that you have read, understood and agree to be bound by these terms and conditions prior to the use of this website or the Party Package Product.