Terms and Conditions
Our goods come with guarantees that are covered under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
In these Terms and Conditions:
“We”, “Us” and “Creative Kids Art Club” means creativekidsartclub.com.au/shop which is fully owned and operated by Red Griffin Art Pty Ltd and “You” means you the customer.
“Products” means goods sold by Creative Kids Art Club on this website.
“Price” means the price at which the Products are sold on this website.
“Order” means an order for Products on this website.
These Terms and Conditions, together with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act 2010 (Australian Consumer Law), constitute the entire Contract between Creative Kids Art Club and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
1. Australian Sales Only
We only sell and ship Products within Australia. Overseas deliveries are not available.
2. Copyright/Trademark Information
This entire website, text, images, logos, and content is copyright 2019 CREATIVE KIDS ART CLUB. Permission to use documents or images delivered from this website and/or server and related graphics is restricted. The name of Creative Kids Art Club, Red Griffin Art Pty Ltd or any of the trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical or technical errors.
We have displayed as accurately as possible the colours of the products shown on this website. However, the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
4. Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst Creative Kids Art Club makes every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the website at any time (including after you have submitted your order). If this affects an order you have placed, we will contact you to advise of the change and give you the option of a refund or to proceed with the order as amended. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you.
5. Legal Capacity to Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Creative Kids Art Club. Should Creative Kids Art Club suffer any damage or other losses as a result of a transaction entered into by a minor, Creative Kids Art Club reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Creative Kids Art Club.
6. Placing Your Order
You may place an Order by adding items to ‘Shopping Cart’ on Creative Kids Art Club Website and clicking the “Checkout” button. We will notify you that your order is being processed by sending you an Order Confirmation via email. Creative Kids Art Club and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion. If we cannot process your Order after payment is received, we will contact you by email or telephone.
7. Payment Methods and Processing
Creative Kids Art Club uses Securepay (Australia Post) to provide a secure environment for the authorisation of credit and debit card transactions. All payments meet Payment Card Industry Data Security Standards v3.2 compliant (PCI DSS). MasterCard, Visa or American Express cards can be used for payment. We do not keep a record of your credit card details; your payment is sent to us as a code for the transaction. Confidential information including card details are encrypted using industry standard SSL 128-bit encryption technology.
GST is applicable on all sales and is included in the item price advertised by Creative Kids Art Club, an amount equal to the GST payable (at the current prevailing rate) will be included as part of the price at which the product is sold on this website.
9. Delivery Agent
Creative Kids Art Club will be using Australia Post for all shipping and delivery requirements, on your behalf. The cost of shipping and delivery will be charged separately to the price of the goods, at the time an order is made and will be payable at the same time and in the same manner.
Creative Kids Art Club reserves the right to change prices for Products displayed at the Creative Kids Art Club website at any time.
11. Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. Orders are processed during normal business hours and shipping occurs twice per week on Wednesdays and Fridays.
12. Delivery of Your Products
We charge shipping and handling for each order you place unless otherwise stated on the website. We may consolidate orders where possible from more than one sale. For these orders shipping and handling charges will remain unaltered. Only opne address is able to be shipped to per order.
For the avoidance of doubt, In the event that there is any ambiguity relating to the passing of risk and title to the goods, risk and title to the goods will pass to you on the first attempt at delivery irrespective of whether it was successful or not.
We will make every effort to have your goods shipped to you in a timely manner. Creative Kids Art Club and Australia Post do not accept responsibility for any loss or damage which results from missing deliveries. You agree to release Creative Kids Art Club Pty Ltd from and against any and all claims, demands, liabilities, losses, costs and expenses.
13. Returns Policy
Creative Kids Art Club are dedicated to offering you high quality products. If your goods are not as described, you are able to return them, at your expense, in the same packaging and condition in which they left Creative Kids Art Club for a full refund. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality.
If you need to return a product, please contact us and provide as much information as possible so that our team can assist you. We will get back to you in a timely manner when we have reviewed your request. If an item has been received as advertised without fault, we are not required to provide a refund or replacement if you change your mind.
Creative Kids Art Club reserves the right to change the Terms and Conditions of sale at any time. These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Creative Kids Art Club. These Terms and Conditions (including all of the policies and other Agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Creative Kids Art Club are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
15. Exclusion of competitors
You are prohibited from using our Site, including the Content, in any way that competes with our business. Our Site is for your personal, non-commercial use only as a customer or potential customer of Creative Kids Art Club. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.
16. Force Majeure
Creative Kids Art Club shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Creative Kids Art Club, eg. such as power failure, flood, fire or other act of nature. Creative Kids Art Club shall be entitled to a reasonable extension of time for the performance of such obligations.
17. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.