terms and conditions
terms and conditions for the sale of goods
These Terms and Conditions form a contract between the customer and KOOL & THE CREW ABN 73 613 043 280 apply to the ordering, purchase, fulfilment and delivery of goods from KOOL & THE CREW
Please read these Terms and Conditions carefully before placing your Order with us as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please email our Customer Service Centre at email@example.com and a member of our Customer Service team will help you.
The following definitions are used in these Terms and Conditions.
Business Day/s means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for KOOL & THE CREW.
Delivery Fee means the fees charged by a third party delivery Agent for the delivery of Goods.
Delivery Policy means the means the Delivery Information section found on the Website.
Goods means the items offered for sale described or displayed on the Website.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from in KOOL & THE CREW accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).
Returns Policy means the KOOL & THE CREW Returns & Exchanges section found on the Website.
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.koolandthecrew.com.au.
We or Us or Our or KOOL & THE CREW means KOOL & THE CREW ABN 73 613 043 280
You or Your means you as the purchaser of Goods from KOOL & THE CREW pursuant to these Terms and Conditions.
2. Compliance with Terms and Conditions
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and KOOL & THE CREW with respect to the supply of Goods, in accordance with these Terms and Conditions.
3. Placing Orders for Goods
3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and for the avoidance of doubt, GST) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our consent.
3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use and quantity restrictions may apply as set out on the Website from time to time.
3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. KOOL & THE CREW will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
You agree to obtain consent from the recipient of a gift when providing their personal details to KOOL & THE CREW.
3.5. You may Order from KOOL & THE CREW if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.6. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Returns Policy
3.7. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many Goods as you would like in an Order up to the total Order value of $2,000 (ex GST).
3.8. You will be provided with a unique Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Centre.
4. Acceptance and rejection of Orders
4.1 KOOL & THE CREW reserves the right to accept or reject your Order for any reason at any time.
4.2 When we accept an Order, it represents an agreement by KOOL & THE CREW to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. KOOL & THE CREW will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. KOOL & THE CREW is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5. Availability of Goods
5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, KOOL & THE CREW will contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. KOOL & THE CREW is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. KOOL & THE CREW will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, KOOL & THE CREW will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Returns Policy.
5.4 You acknowledge and agree that:
- all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
- you have read any corresponding written description of the Goods prior to submitting your Order;
- the colour of Goods as shown on the Website may vary slightly in shade in real life;
- where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
- any accessory featured with the Goods is for illustration purposes only.
6. Price and Payment
6.1 The Price in respect of a Good is specified on the Website.
6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.
6.3 KOOL & THE CREW reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.3 will apply).
6.4 In respect of any Order, we will charge you and you agree to pay:
- the Price (which is the Price at the time the Order is submitted); and
- the Delivery Fee (if any).
6.5 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which include but are not limited to credit card or Pay Pal. When paying by credit card, you authorise KOOL & THE CREW to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.6 You acknowledge and agree that any payment in respect of an Order must be cleared by KOOL & THE CREW before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.7 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.8 You will receive a tax Invoice by email once payment in respect of your Order has been processed.
6.9 KOOL & THE CREW uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 KOOL & THE CREW uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 You should refer to the Delivery Policy for the applicable Delivery Fee for the Goods.
7.3 Indicative delivery time frames are set out in the Delivery Policy.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
- KOOL & THE CREW cannot guarantee that delivery will occur in the stated delivery time frames;
- delivery time frames may change from time to time due to unforeseen circumstances; and
- except where required by applicable law, KOOL & THE CREW is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from the delivery Agents office. It is your responsibility to follow the instructions stated on the calling card.
7.7 Where you do not collect your Goods from the delivery Agents office within 10 working days of a failed delivery, you must contact our Customer Service Centre by emailing us at firstname.lastname@example.org for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as possible by emailing us at email@example.com. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Returns Policy. You must let us know about any damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns due to being faulty, damaged, or incorrect will be delivered to you free of charge.
8. Risk and title
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. Order cancellations and returns
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with the Returns Policy.
9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. KOOL & THE CREW is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. KOOL & THE CREW is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
10. Promotions and Discounts
You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at KOOL & THE CREW. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from KOOL & THE CREW. Any Code is non-transferable and may not be used in conjunction with any other offer.
12. Warranties you make to KOOL & THE CREW
You represent and warrant to KOOL & THE CREW that:
- all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to KOOL & THE CREW;
- any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
- you are over the age of 18;
- in placing your Order, you have read and agree to these Terms and Conditions; and
- in placing your Order, complied with all Laws.
- KOOL & THE CREW’s liability to you
6.1 Subject to any rights you have under any consumer protection law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
6.2 Subject to any rights you have under any consumer protection law which cannot be excluded, KOOL & THE CREW excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
6.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
KOOL & THE CREW reserves the right to, at their discretion, terminate your access to and use of the Website:
- for convenience, at any time, upon provision of notice to you;
- if KOOL & THE CREW reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
- if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
13.1 KOOL & THE CREW reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with KOOL & THE CREW with respect to that Order.
13.2 KOOL & THE CREW may give notice to you by electronic mail. You may give notice to KOOL & THE CREW by electronic mail to our Customer Service Centre via the Contact Us section of this website.
13.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
13.4 A failure or delay by KOOL & THE CREW to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by KOOL & THE CREW does not preclude its future exercise or the exercise of any power or right.
13.5 The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Kew, Victoria
14. Acknowledgment and Acceptance
By accessing, using or browsing this Website, you agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. We may amend or update these terms and conditions at any time by posting any changes at this website, without providing notice to you.
15. Copyright and Trade Marks
Copyright in this website and its content is owned or licensed by KOOL & THE CREW. You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Except as permitted by the Copyright Act 1968 or other applicable laws, any other use, including any commercial use of the content of this site, is strictly prohibited.
This website also contains registered trademarks and trademarks which are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.
The information contained on this website is provided by KOOL & THE CREW in good faith. To the best of knowledge, the information is accurate and current. However, this site and its contents are provided to you on “as is” basis. The site may contain errors, faults and inaccuracies and may not be complete and current.
KOOL & THE CREW and its related bodies corporate, and their directors, officers, employees, or agents (“KOOL & THE CREW Associates”) make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
15. Limitation of Liability
Subject to any non-excludable liability implied by legislation, any liability of KOOL & THE CREW or KOOL & THE CREW Associates in connection with goods or services supplied to you will, at the election of KOOL & THE CREW, be limited to:
- In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
- In relation to services, the supply of the services again or the payment of the cost of having the services supplied again.
- Subject to non-excludable liability (including under consumer laws), in all other respects, KOOL & THE CREW will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through this website.
16. Virus Warning
All care is taken to ensure that this website and data transmissions are free from viruses. However KOOL & THE CREW cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on this site, and you release KOOL & THE CREW entirely of all responsibility for any consequences of its use.
Cookies are small pieces of information that your browser stores on your computer hard drive.
If you disable cookies on your web browser, you may not be able to fully experience all features of this website.
18. Third Party Sites
This site may contain links to third party sites. KOOL & THE CREW are not responsible for the condition or content of those sites as they are not under KOOL & THE CREW’s control. You access those sites and/or use the site’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by KOOL & THE CREW of the sites or the products or services provided on the site.
KOOL & THE CREW do not permit any linkages to this site without prior permission.
This site may be accessed from Australia or overseas. KOOL & THE CREW makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
20. User Submissions
By accessing, browsing, using, registering or contributing to the KOOL & THE CREW ‘ website and any other area of our website where you can post submissions or reviews or ask questions you confirm that you have read, understood and agree to the following terms. If you do not agree to these terms in their entirety, you must not use this website.
21. Ownership of Submissions
22. Social Networking Sites
23. Intellectual Property Rights
A disclosure, submission or offer of any submissions and your agreement to these terms and conditions shall constitute an assignment to KOOL & THE CREW of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to our site, including questions, or to make contact with other users of our site or to make submissions on any KOOL & THE CREW related third party website or page, you must comply with the content standards set out below and these terms. Any third-party advertising on KOOL & THE CREW pages of third party social networking sites are not the responsibility of, or endorsed by, KOOL & THE CREW. All rights, including copyright on Bob Stewart pages are owned by or licensed to KOOL & THE CREW. Any use of any KOOL & THE CREW social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of KOOL & THE CREW. All worldwide rights reserved.
Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any KOOL & THE CREW related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below.
25. Rules for Submissions
- Please be polite and only write in English.
- You confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property of others.
- If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
- Submissions should not include:
- profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others.
- comments about other reviewers or bloggers.
- remarks that repeat criminal accusations, false, defamatory or misleading statements.
- material which impersonates others.
- spam or advertising, third party brand names or trademarks.
- personal information about anyone, including yourself, such as phone numbers, postal addresses or Credit card numbers.
- HTML code, computer script or website URLs.
- availability, price or alternative ordering or delivery information.
- information about KOOL & THE CREW suppliers or manufacturers.
- KOOL & THE CREW, in its absolute discretion, reserves the right to:
- not publish the Submission or remove it.
- take any appropriate action if deemed necessary.
- remove reviews which relate to seasonal products which are no longer in season.