Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
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By placing an order with Kind is cool you are hereby agreeing that you understand and accept all of the terms and conditions outlined below.

SALE Periods
During our sale periods, all discount codes must be applied at the time of purchase. Refunds or credits will not be applied after the sale has been processed so please ensure you apply the discount code at the the checkout, at the time of processing you purchase.

We do not back date discounts; discounts are only valid for the time period specified. We cannot apply a discount code to any previously placed or future orders outside of our sale day/s.

Returns can be made on full priced purchases only, using the discount code. If the item is a sale item, our normal return policy applies and we do not accept returns on sale items.

Customers may not return a garment in order to re-purchase the same product for the sale price, in the same transaction. You may exchange your order for another size of the same style, however service will be refused if a return is initiated to re-purchase the same product at a discounted price.
Purchasing

You must provide complete and accurate details at the time of making your purchase. Kind is cool may contact you to gain additional information to ensure the accuracy of your order. You must enter the correct postal address and delivery instructions at the time of placing your order. If you enter an incorrect address, Kind is cool is not obliged to re-send the order to the correct address at our own expense.

Payment and Pricing
All prices displayed on this website or in regards to price inquiries are quoted in Australian Dollars (AUD) and are inclusive of GST. Kind is cool reserves the right to alter the prices presented on this website without any notice to you, the customer. In the event that a Kind is cool product is mistakenly listed at an incorrect price, Kind is cool reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kind is cool reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kind is cool shall issue a credit to your credit card account in the amount of the incorrect price.

Kind is cool accepts payment via credit card (Visa/Mastercard), Paypal and Afterpay. All purchases will generate an invoice to you via email confirming the details and payment of your order (if this invoice is not showing in your inbox, please check your spam/junk mail folder and that your email address has been provided correctly and without typos).

Paypal
When purchasing via Paypal Express Checkout, it is the customer's responsibility to ensure their paypal delivery address is correct at the time of purchase. This is the shipping address Kind is cool will use to deliver your goods. Kind is cool is not obliged to re-send the order to the correct address at our own expense.

Order Processing and Shipping
All processing of orders and shipping occur on business days, which are Monday to Friday and exclude any public holidays in the state of Victoria. When an item has been shipped you will be emailed a tracking number to follow the journey of your order to your door.

Kind is cool ships worldwide . The customer bears the cost of shipping within Australia unless the order is over $85.00 AUD. International delivery pricing is calculated at checkout starting from $15.00 AUD. Kind is cool cannot guarantee delivery times, but domestic orders should not be received any later than 10 business days. Kind is cool is not responsible for any loss or damage that may occur in transit and is not liable to replace any goods at our expense.

Please note all orders must be signed for and are a 'signature on delivery'. If you would like your order to be left in a safe place, you will need to mark this in your order notes, however we strongly advise not to do so, as if the order is lost or stolen, we, or shipping carrier, cannot be held responsible.
 
If an incorrect address is given at checkout and the order returned, re-shipment costs are at the expense of the customer. If the order hasn't been claimed and no re-shipping fees paid within a 6 month period, the order will be considered forfeited.

Cancellation of Orders
Kind is cool may cancel your order if for any reason we are unable to provide you with the items subject to your order. We will contact you via email should this occur. You will be refunded via your payment method only. Gift cards are not redeemable for cash. You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.

Discount Codes
Discount codes must be entered at the time of checkout with the correct code. If the code isn't entered at the time of check out, the discount will not be applied after the time of purchase and balances will not be refunded to you. Please do not ask us to do so as refusal may offend.

Pre-Order
All items on Pre-Order are given an estimated delivery time only to our warehouse. They sometimes get to us sooner or laters depending on a variety of factors that our out of our control. If your ordered item is running significantly late (more than 2 weeks) you will be notified via the product page of that particular item with any updates on the item and it's progress.  Please note, we cannot notify each customer individually, all correspondence will be made via the product page with a date given for when the post was made. Kind is cool is not entitled to give you a refund should your pre-ordered item run later than the estimate. Pre-orders are non-cancellable so please choose carefully.

Returns
Any return of items to us by you will be governed in accordance with our Returns Policy. In compliance with Australian Consumer Law, Kind is cool is not required to provide a refund if you make a wrong selection, need a different size or change your mind - this includes payments made with AfterPay.

Colour/Image Disclaimer
Despite every effort to provide accurate images of each product’s colour and design, actual colours and design may vary slightly, due to different device screen settings, the lighting in the studio and/or photography location, slight differences in product finishes over time and other factors. Kind is cool will not accept responsibility for any colour differences that are not factory faults. In purchasing from Kind is cool, you agree to accept the small risk that there will be a slight variation of the colour due to photography lighting and/or individual screen settings, and the representation on our website.

Copyright
The entire content included in this site, but not limited to text, graphics or code is copyrighted as a collective work under Australian and other copyright laws, and is the property of Kind is cool. The collective work includes works that are licensed to Kind is cool. Copyright 2018, Kind is cool all rights reserved Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kind is cool or purchasing Kind is cool products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kind is cool or to purchase Kind is cool products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kind is cool. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Kind is cool used in the site are trademarks or registered trademarks of Kind is cool.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kind is cool disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kind is cool does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.Kind is cool does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Kind is cool shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kind is cool has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kind is cool without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Kind is cool may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kind is cool.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Victoria, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kind is cool products) shall be in the state or federal courts located in Western Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kind is cool products) must be commenced within one (1) year after the claim or cause of action arises. Kind is cool’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kind is cool may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kind is cool or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Kind is cool does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kind is cool is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kind is cool reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kind is cool in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Kind is cool, its officers, directors, employees, agents, licensor and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Kind is cool may link to sites operated by third parties. However, even if the third party is affiliated with Kind is cool. Kind is cool has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kind is cool. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kind is cool seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).