Terms & Conditions
Terms & Conditions
In these Terms and Conditions:
"We", and "Us" and KIZZY mean KIZZY DANCEWEAR Pty Ltd. and "You" means you the customer.Products means goods sold by KIZZY on this web site.
Price means the price at which the Products are sold on this web site.
Order means an order for Products on this web site.
Recommended Retail Price means a price for the Products for comparison purposes, as determined by clause 14 of these Terms and Conditions.
These Terms and Conditions together with your Order constitute the entire Contract between KIZZY and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 20015 KIZZY. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of KIZZY, KIZZY Dancewear Pty Ltd or any of the above 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, technical, or descriptive errors of products herein.
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst KIZZY makes every reasonable effort to present accurate information on this web site, 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 at any time without prior notice (including after you have submitted your order). 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. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
You must indemnify and hold KIZZY and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify KIZZY under this Section, KIZZY will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from KIZZY.
Limitation of Liability
In no event shall KIZZY or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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 KIZZY. Should KIZZY suffer any damage or other losses as a result of a transaction entered into by a minor, KIZZY 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 KIZZY.
Placing Your Order
You may place an Order by adding items to ‘My Cart’ on KIZZY Website and clicking the "Check Out" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the KIZZY website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products, however KIZZY will make every effort to supply products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. KIZZY and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when your order status moves to dispatched in the My Account My Orders Section. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods and Processing
KIZZY uses MasterCard Internet Gateway Services (MIGS) to provide a secure environment for the authorisation of credit card and charge card transactions. We also offer PayPal and MasterPass payment solutions. Confidential information including card details are encrypted using industry standard SSL 128-bit encryption technology. Our payment page is also fully PCI DSS compliant please visithttps://www.pcisecuritystandards.org/tech/ for more information.
In this clause: GST means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth)
Subject to this clause, if GST is payable in respect of any supply made to you by KIZZY, you will be liable to pay an amount equal to the GST payable (at the current prevailing rate) on the supply at the same time and in the same manner as the consideration for the supply is to be provided under these Terms and Conditions.
KIZZY will use its best endeavours to list Products with the most competitive prices. KIZZY reserves the right to change prices for Products displayed at the KIZZY web site at any time.
Each 'KIZZY Voucher' is personal to the User receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each 'KIZZY Voucher' has an expiry date which cannot be modified.
The use of an 'KIZZY Voucher' requires the total value of the order (excluding shipping and handling costs) to be higher than the monetary value of the discount given by the 'KIZZY Voucher'. Some discount ' KIZZY Voucher's may specify a minimum spend in order to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spend.
Under no circumstances can the value of a discount 'KIZZY Voucher' be deducted from an order if that 'KIZZY Voucher' is defective or out of date: no replacement 'KIZZY Voucher's will be issued.
When an order is placed using a discount 'KIZZY Voucher' and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.
We reserve the right to modify or amend at any time these guidelines and the methods through which benefits are earned. We reserve the right to disqualify you at any time from participation in our KIZZY Referral Program and remove any existing KIZZY Vouchers from your account.
Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will confirm shipment via the My Account My Orders section including a tracking number for each parcel.
Delivery of Your Products
We will use our best efforts to ensure your order arrives as soon as possible after the end of the sale. Delivery will be made via a number of partners and the estimated delivery times will be indicated within each specific sale according to the dispatch location. We use the best possible estimated dates given the information we have been provided by our suppliers and partners, however many factors are outside of our control and we cannot guarantee delivery within this time frame. Individual order status can be tracked in the My Account, My Orders section.
Authority To Leave
By selecting No and clicking Accept on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.
KIZZY Pty Ltd and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority To Leave delivery method. You agree to release KIZZY Pty Ltd from and against any and all claims, demands, liabilities, losses, costs and expenses if Authority To Leave is selected. Should the courier be unable to leave the parcel or deem the location to be an unsafe area to leave the parcel or your instruction text is unclear, the courier may leave an attempted delivery card and return the parcel to their depot. Risk and title to the goods transfers to you after the first attempt at delivery irrespective of whether it was successful or not. Your Rights To Return A Product
Your Rights To Return A Product
Only credits are offered if you have changed your mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an Order.
Change Of Mind
A Return Authorisation Number (RAN) is required for all returns.
You may be entitled to a credit, provided you return the item to us within 14 days of your order being dispatched.
The item must be returned to us in brand new condition, with the packaging and item being exactly as it was when you received it. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.
If the returned item is in a noticeably used condition, then a credit may not be offered. Clothing and footwear items may not be returned if they have been worn, or if sewing tags have been removed.
Given the nature of the presentation of the products on the web and different types of displays and screens in use, colours, textures and fabrics shown on our Websites may slightly differ from the actual item.
Return postage will be at your expense.
If eligible, we will issue you a Credit Voucher to the value of the item, once the item is returned and assessed.
If your item arrives Dead On Arrival or you find a defect arises after delivery please contact our Customer Service department. Each case will be assessed on case by case basis on its merits. Depending on the fault, you may be offered the choice of refund, repair or replacement of the item (subject to availability). Return postage of faulty items to be assessed will be at KIZZY’s expense.
Incorrectly Described Items
KIZZY works hard to present the products on our Websites as accurately as possible. As much as we try to avoid it, on some occasions the information on our Websites may contain inaccuracies. We make no warranty or representation that the information provided by our suppliers, including in relation to product descriptions, is correct, accurate, complete or reliable. However, please contact our Customer Service team if you have received an item that has not been correctly described.
In the event that it is verified that you have received an incorrectly described item you will be entitled to a remedy, which may include a full refund by your original method of payment.
Return postage of any incorrectly described items to be assessed will be at KIZZY's expense.
Some Products - Manufacturer Only Warranty
Some Products sold through KIZZY are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.
The Australian Consumer Law provides that items which we supply come with guarantees that cannot be excluded. 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.
KIZZY is not a manufacturer of products. However, in the event of a failure, our customer service staff would be happy to forward the relevant item to the manufacturer or any relevant agent and liaise with them on your behalf, if you so choose. However, it may be more convenient for you to liaise with the manufacturer directly. If you require any assistance in doing so, our customer service team would be happy to assist you.
For some items, manufacturer’s offer their own optional or additional warranties and these apply alongside your rights under the Australian Consumer Law. For items advertised and sold with optional of additional manufacturers’ warranties, please contact our customer service team who will assist you in procuring the repair or replacement of your product.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of KIZZY. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in KIZZY for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option KIZZY, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. KIZZY reserves the right to change the Terms and Conditions of sale at any time. No KIZZY employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
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 KIZZY. 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 KIZZY 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.
KIZZY 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 KIZZY, and KIZZY shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.