KDA Terms and Conditions
KDA Terms and Conditions and Refund Policy
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E-STORE TERMS
Please read these E-Store Terms carefully before ordering products from the Kalgoorlie Dance and Cheer Academy website (www.kaldance.au). By ordering products from the kaldance website you agree to be bound by these E-Store Terms. If you do not agree with any of these Terms, we politely ask that you do not use this website.
WHEN DO THESE E-STORE TERMS APPLY?
These E-Store Terms apply to all offers and agreements relating to the sale and delivery of products by Kalgoorlie Dance and Cheer Academy. When you order anything at our website (www.kaldance.au) your agreement to the E-Store Terms in the course of the order process constitutes your acceptance of the applicability of these E-Store Terms. It is only possible to deviate from these E-Store Terms if agreed in writing by Kalgoorlie Dance and Cheer Academy.
OUR OFFER AND PRICES
The offers on our Website are without obligation and do not bind Kalgoorlie Dance and Cheer Academy. Kalgoorlie Dance and Cheer Academy is likewise not bound by clear clerical errors and mistakes in promotional descriptions and other statements in the offer and on our Website. Minor colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. Kalgoorlie Dance and Cheer Academy is not liable for these variations and deviations.
The stated prices include Australian Goods and Services Tax (GST). Prices are quoted in Australian Dollars. Kalgoorlie Dance and Cheer Academy reserves the right to make price and product changes prior to an order placed by you. Kalgoorlie Dance and Cheer Academy reserves the right to change, limit or terminate any special offers or discounts at any time.
HOW IS A CONTRACT CONCLUDED WITH YOU?
You can only order on our Website if you are a consumer, not a reseller. You have to be 18 years of age or older to buy products via our Website.
Orders you place via the Website for the products offered by Kalgoorlie Dance and Cheer Academy through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation by Kalgoorlie Dance and Cheer Academy of the order per our email to you. Until you have received this confirmation, you can still cancel an order.
You warrant that the information you provide to Kalgoorlie Dance and Cheer Academy in the request or order form is accurate and complete. Kalgoorlie Dance and Cheer Academy is never obliged to accept an order.
If Kalgoorlie Dance and Cheer Academy does not confirm your order within ten working days, it is deemed to have been refused.
METHODS OF PAYMENT
Please check our Website for information on available payment methods. Prices shown are in Australian dollars and include GST where applicable.
Prices are subject to change. If purchasing from overseas then the currency may change to reflect your country of origin.
IN STORE PICKUP
Purchases may be collected from our Kalgoorlie Dance Studio located at 28 Porter Street Kalgoorlie Western Australia during our normal opening times.
INFORMATION ON RETURNS
Right of return (change of mind returns policy). Subject to the provisions of these E-Store Terms, you may return the products received without specifying any reasons within 10 days of receipt. We have no obligation to accept the return products in the case of change of mind and only offer exchange of product of equivalent value (if available) and no financial refund in this situation. The 10-day period commences on the day of receipt of the ordered products. The return of products is at your expense and risk. The right to return product only applies if the products are unused, all labels are attached and complete in their original condition including their original packaging insofar as reasonably possible.
If a product is returned that Kalgoorlie Dance and Cheer Academy believes has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, Kalgoorlie Dance and Cheer Academy will be entitled to deduct the decrease in value of the product as a result of this damage from the amount to be repaid to you (if at all). You can avoid the obligation to compensate the decrease in value of a product caused by use by not using the product and by refraining (as far as reasonably possible) from any actions that could negatively affect its value.
It is essential that returned items have not been worn, all labels are attached, and you take care to protect the item/s when returning. If items are marked by you, we have the right to return them to you and not authorise a refund.
Dancewear can be returned if it is unworn, and in its original condition with all tags and protection stickers attached. We recommend trying on dancewear over underwear as soiled items will not be accepted for return.
Underwear (due to hygiene reasons) is unable to be returned on a change of mind basis. Refunds on these items will only be given: where the product is deemed to be faulty by the manufacturer, does not do what it
was intended to do or is significantly different from the sample or description.
The above right of return applies in addition to, and does not affect, your rights under the consumer guarantees which apply under the Australian Consumer Law.
HOW TO RETURN
You can only obtain a refund for your online purchase by bringing it back to 28 Porter Street Kalgoorlie during our normal opening times. Once the item has been received and authorised for return, your refund will be processed.
WARRANTIES AND LIABILITY
To the extent permitted by law, Kalgoorlie Dance and Cheer Academy excludes all conditions, warranties and guarantees (whether express or implied by or arising under statute, common law, equity, trade custom or usage or otherwise), and makes no representations, relating to the products ordered by you, including warranties or guarantees of acceptable
quality, merchantability and fitness for purpose. Nothing in these E-Store
Terms excludes, limits or modifies any conditions, warranties or guarantees implied by or arising under statute which cannot lawfully be excluded. Where conditions, warranties or guarantees implied by or otherwise arising under law cannot be lawfully excluded, then to the extent permitted by law, Kalgoorlie Dance and Cheer Academy’s liability for breach of any such condition, warranty or guarantee is limited, at its option, to the replacement or repair of the products, the supply of equivalent products or the cost of replacing or repairing the products or of acquiring equivalent products.
Otherwise, to the maximum extent permitted by law, Kalgoorlie Dance and Cheer Academy and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly from or in connection with these E-Store Terms, the Website or any orders you place via the Website. The limitations and exclusions set out in this section do not apply to any liability of Kalgoorlie Dancer and Cheer Academy for wilful
misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a risk which would be apparent to a reasonable person in the same circumstances).
MAINTENANCE OF PRODUCTS
Kalgoorlie Dance and Cheer Academy draws your attention to the washing and maintenance instructions printed on the labels of the products. Kalgoorlie Dance and Cheer Academy is not liable for any damage resulting from the incorrect handling of products, including handling contrary to the instructions. If your garment is damaged because it was washed incorrectly we do not accept them back for return.
WHAT CAN YOU DO IF YOU ARE NOT SATISFIED?
You may send written complaints concerning the conclusion of the sales contract or its performance to the below address or contact us by email at contactus@kaldance.au
Kalgoorlie Dance and Cheer Academy, PO Box 10631, Kalgoorlie WA 6433
RETENTION OF TITLE
The delivered products will remain the property of Kalgoorlie Dance and Cheer Academy until you have paid all amounts owing under any agreement to us in full. You may not sell, dispose of or encumber products before ownership thereof has passed to you.
APPLICABLE LAW
These E-Store Terms are governed by the laws of Western Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia.