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

The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute. We are 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, AfterPay and PayPal. Payment information is also governed by Shopify, AfterPay and Pay Pal's privacy policies. 

GENERAL TERMS

1. EXCHANGES, RETURNS & 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. 

1.2.1  All orders placed are final and cannot be cancelled regardless of the time between order and request to cancel. 

1.2.2 The customer must thoroughly examine all orders within 48 hours from the date indicated as 'delivered' on Australia Post's tracking system. You can then register your warranty online. Should you discover any defects or notice any missing items, please report them within this 48-hour period to qualify for a potential replacement or reissue. Reports of faults or missing items made after this 48-hour window will not be considered, unless they fall under a valid product warranty.

1.2.3 Kooshy Kids has the right to cancel an order at any time for any reason and provide the customer with a refund. This includes recalling an order that has already been dispatched. 

1.3.1 Under no circumstances will Kooshy Kids Pty Ltd be liable or issue a refund if the product is not processed and/or 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. Shipping times are the time it takes for Australia Post to deliver your order. Our processing times are additional and may be up to 5 business days* depending on our workload and commitments.  Please click here to check current estimates and delays (note we ship out of Currumbin Waters, QLD). 

1.3.2 Next day delivery is not guaranteed and you should contact us and receive confirmation that next day or fast/express delivery is possible before ordering. Australia Post/Startrack experiences delays from time-to-time that may effect our estimated shipping times.

1.4.1 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 approved 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. The airline must have been on our approved list on the date of travel. The effective date and list of approved and non approved airlines can be found here. 

1.4.2 To be eligible for the Approved Airline Guarantee (wherein if you're denied use on an approved airline, the Kooshion cost that you paid will be credited back to you in the form of a store credit), the airline must be on our "Airlines - Approved" sheet on your Kooshion purchase date. You should provide evidence, such as a screenshot or printout, showing the airline's listing and the date range from the approval sheet that aligns with your order date. (Effective date can be found on the first row of the sheet. 

Please note: Airlines mentioned under "Airlines at the Crew's Discretion" or "Airlines-Non Approved" categories aren't included in the Approved Airline Guarantee, as they aren't officially approved.

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 Purchased vouchers are valid for three years from the date of purchase. Vouchers that are issued as part of a promotion, competition, giveaway or any marketing purpose (i.e. not purchased), are valid until the expiry date stated on the email and/or voucher and may not be extended. If they have no expiry date, please refer to the specific terms and conditions for that type of voucher (below). 

1.7 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. Terms and conditions for the monthly Meta give-away can be found here.

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

1.9 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. 

1.10 From time to time, Kooshy Kids may offer complimentary gifts with certain purchases as part of our promotions. Please note the following terms apply to any free gifts provided:

1.10.1 Free gifts are provided without any warranties of any kind, either express or implied.

1.10.2 Kooshy Kids reserves the right to substitute the free gift for another item at any time due to operational reasons, customs regulations, or other unforeseen circumstances, without notice to the recipient.

1.10.3 Free gifts cannot be returned, exchanged, or redeemed for cash, credit, or any other item. Their monetary value for warranty, returns or other customer service claims is considered to be $0.00.

By accepting a free gift, the customer acknowledges and agrees to these terms.

 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 (Team Global Express or Australia Post), and CANNOT guarantee the delivery time frame.

3.3 Where we send you the delivery tracking number by email, and you claim that you have not received delivery, you must first contact the carrier. You are responsible for tracking your item/s and will be liable for re-delivery fees should you not collect the item on time.

3.4 Kooshy Kids Pty Ltd will not be responsible for any misplaced calling cards.

3.5 All orders placed are automatically marked ATL (authority to leave) with Australia Post or Team Global Express. The customer should make notes within the order if they do not wish for their order to be left unattended by Australia Post or Team Global Express. Kooshy Kids is not liable for parcels misplaced or stolen as a result of being left at the premises. Should this occur, you should contact Australia Post  or Team Global Express as Kooshy Kids has no control and is not responsible for your order once it leaves our warehouse (unless faulty). 

3.6 For Australian customers, Transit Coverage and for International customers GAP (Global Assurance Pass) is available for purchase. If you choose not to purchase Transit Coverage or GAP, Kooshy Kids will not be held liable or responsible for any lost packages, or damage that occurs to your parcel once your consignment is picked up by Australia Post or Team Global Express from our warehouse.

3.6.1 If transit cover/GAP is purchased and your order is proved to be lost or arrives damaged, Kooshy Kids will resend the order to you at no additional cost. Transit Cover/GAP does not insure for delays.

3.6.2 In the event that a product in the order is no longer available, you will receive a credit note for the purchased amount. If the product is on preorder, it will be sent to you once available. Even with the purchase of Transit Cover/GAP the terms and conditions to validate product warranties still apply. 

3.6.3 Replacements and credit notes (as a form of refund determined by Kooshy Kids) are the only form of compensation under Transit Cover/GAP. Cash refunds will not be offered. 

3.6.4 GAP does not cover the costs associated with returns if you either reject your package due to duties/taxes or if you fail to check the tracking and do not collect your order from the collection point in time, before it is returned to us. If this occurs, you are responsible for all of the costs including return postage, rejection fee and administration costs. You must also pay for the order to be reshipped as your order cannot be cancelled. 

3.7 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 highly recommends contacting your airline and investigating any specific policies they may have that may affect your use of the product. Information provided on our website is true and correct at the date that it was published, however may change since the published date as airline policies can change regularly without informing us. 

3.8 You expressly acknowledge that Kooshy Kids Pty Ltd's products should be used under direct adult supervision always and follow our safety guidelines and that you acknowledge that your use of our products is at your sole risk.

3.9 By sending us media such as photos or images via email, reviews, or social media platforms, or by tagging us on social media platforms in a context that reflects a positive review, you implicitly grant Kooshy Kids Pty Ltd the permission to use, display, and share these images on our public platforms for purposes including, but not limited to, education, marketing, and promotional activities. If you do not wish for us to use or share your media, you must explicitly state this at the time of sending it to us. Requests for blurring or blocking out faces must also be made explicitly at the time of sending the media. Absence of such specific instructions will be considered as your consent for us to use the media as described.

4. Third-Party Products and Limitation of Liability

4.1 Certain products offered on our platform are manufactured and sold by third-party suppliers. These third-party products are clearly identified as such in the product descriptions.

4.2 Kooshy Kids Pty Ltd does not manufacture or produce the third-party products available on our platform.

Customers are advised to direct any warranty claims or complaints regarding faulty items directly to the respective third-party manufacturer or seller.

We will provide reasonable assistance to customers in contacting the third party, but we do not assume responsibility for resolving warranty claims or complaints related to third-party products.

4.3 Kooshy Kids Pty Ltd shall not be held responsible for any issues arising from the use of third-party products purchased through our platform, including but not limited to faulty items or injuries caused by such products.

Customers acknowledge that the use of third-party products is undertaken at their own risk, and Kooshy Kids Pty Ltd shall not be liable for any damages, losses, or injuries resulting from the use of such products.

5. PRIVACY

5.1 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.

5.2 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.

6. PRE-ORDERS

When you place a pre-order, we strive to provide accurate dispatch dates based on our current information. However, please note that these dates may be subject to change if our shipment experiences delays. Occasionally, orders may be dispatched earlier than expected. Rest assured, we are committed to dispatching your products as soon as they arrive and will keep you informed of any updates.

Pre-Order Dispatch Process:

  • Notification of Dispatch: Once we pack your order (including all items except the pre-order item), you will receive a notification indicating that your order has been dispatched. However, this notification means your order is packed and ready, but still waiting for the pre-order item to arrive in our warehouse.

  • Tracking Information: Initially, the tracking information for your order will show as "Awaiting collection from the courier." This status indicates that your order is ready, but not yet on its way because it includes a pre-order item.

  • Order Fulfilment: When the pre-order item arrives, we will complete your order and dispatch it. At this point, your tracking information will update, and you will notice movement as the courier collects and ships your package.

Should there be any signifiant changes to the estimated dispatch dates, we will endeavour to notify you promptly.

 

7. SELF SERVICE PORTAL FOR ORDER EDITING

7.1 When using the Self Service Portal if your modifications result in a lower total cost, you will forfeit the difference, as refunds cannot be issued for such changes. Conversely, if your modifications increase the order cost, you will be prompted to pay the additional amount directly through the portal. Failure to complete payment for increased costs will result in the preservation of the original order details.

7.2 The portal is available for use only until the point of dispatch. Once your order has been dispatched, no further modifications can be made.

7.3 By using the Self Service Portal, you agree to these terms.

8. INTERNATIONAL SHIPPING AND TAXES

For international orders, we extend our services to customers around the world through our standard international shipping options, Express International Shipping, and our Global Assurance Pass (GAP).

8.1 Kooshy Kids Pty Ltd assumes no liability for any taxes, duties, or fees associated with international orders (unless GAP has been purchased). It is the customer's responsibility to stay informed about their local customs policies and fees. We ship from Gold Coast, Australia. 

8.2 Customers are responsible for the payment of any applicable import taxes, duties, and fees as per the standard international shipping terms.Where you have  purchased GAP, these fees will be reimbursed to you, up to $100 AUD. 

8.3 For a flat fee (which varies according to location), customers have the option to add GAP to their purchase for a hassle-free international shopping experience. GAP covers:

  •  Import taxes up to the equivalent of $100 AUD. Any amount beyond this is payable by the customer. 

  • Regular international shipping.

  • Transit Cover; the purchase is insured against any unforeseen circumstances during transit. In the event that an issue arises in the transit process, we will send replacement items or issue a credit note at our discretion providing damages are reported within 48 hours of receipt.

8.3.1 GAP cannot be added after an order has been dispatched from our warehouse.

8.3.2 For Express Shipping + GAP, the customer must add GAP to their cart and then select and pay for Express Shipping separately.

8.3.3 Customers may be required to pay the import taxes upfront to their local customs office and then submit a receipt to info@kooshykids.com.au for reimbursement for the amount paid (no greater than $100 AUD will be reimbursed). If this is the case and the customer chooses to reject the package, the order will be forfeited. 

8.4 For forfeiture and the reshipment of international orders the below terms apply; 

8.4.1 Customers who choose not to select GAP and subsequently reject a package due to customs duties or other reason will forfeit their order. In such instances, Kooshy Kids Pty Ltd will not issue a refund.

8.4.2 If a customer rejects a parcel and later wishes for it to be reshipped, they must cover the original cost of postage incurred by Kooshy Kids Pty Ltd for the reshipment, in addition to a return postage and handling fee of $45 AUD. This cost is required to be paid in full prior to the reshipment of the parcel. GAP does not cover you if you reject your order based on fees due or if you fail to check the tracking information and as a result of a delay in collecting your order, the order is returned to us. 

9. BIRTHDAY SALE 2024

9.1 Kooshy Kids is hosting a promotional sale on 2nd May 2024, from 7:00 PM to 8:00 PM AEST. During this hour, all listed products will be available at a 60% discount. Please note that the 60% off discount will expire at 8:00 PM AEST. If a customer reaches the checkout page before 8:00 PM, but do not complete your purchase until after this time, the prices may revert to the regular amounts. It is the customer's responsibility to verify the final charges at the checkout page before completing the transaction, as adjustments cannot be made once the purchase is finalised. Should prices revert after the sale period, the regular pricing effective from 8:00 PM AEST will apply, and orders cannot be cancelled.

9.2 Kooshy Kids expects the sale to attract a larger amount of customers which will result in processing and response times much slower than usual. Kooshy Kids recommends that you order early on in the sale and that you choose the Upgrade to Priority Processing as well as Express Post if you have travel within one month of the sale. *During this sale period, processing times can be up to 14 days. This is in addition to the shipping time and any delays due to items being on preorder. There is a Birthday FAQs page where customers can read all of the specific Sale conditions prior to purchasing. 

9.3 Qualifying orders may receive a $50 AUD Kooshy Kids gift card in their order.  

9.3.1 This voucher is valid for customers who received it as part of their order package during our promotional period.

9.3.2 The voucher entitles the recipient to $50 AUD off their next purchase of $150 or more at Kooshy Kids and is valid until 11:59pm 30 June 2024 AEST. The expiration date is firm.

9.3.3 The voucher is applicable to new orders only. It cannot be used in conjunction with any other promotions, discounts, or special offers and cannot be applied to shipping fees or taxes. It can not be used for newly launched products such as the self inflatable products. 

9.3.3 The voucher has no cash value and cannot be exchanged for cash or credit.


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.

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          For warranty information please click here.

          For Competition Terms & Conditions click here