Terms & Conditions

Welcome to our website. This website with URL address www.kiddikutter.com.au is owned and operated by Kiddikutter Pty Ltd, ABN 97612339125

The terms’ us’ or ‘our’ or ‘we’ refers to Kiddikutter Pty Ltd, the owner of the website, whose registered office is in Western Australia. The term ‘you’ or ‘your’ refers to the website user.

Kiddikutter Pty Ltd is a business that provides the following services and products:

  • Kiddikutter child safe knives
  • Kandokutter adults’ safe knives
  • Any other product we may sell on our site.


Please read these Terms and Conditions carefully, as together with our Privacy & Cookie Policy; it sets out your important rights and obligations in relation to:

  1. the use of this website
  2. all services and products provided through this website.


Should you not agree with any of these terms and conditions, please do not use our website.

1. Your use of this website is subject to the following terms and conditions:

1.1. When you visit this website and use our services or purchase our products, you agree that you have read these Terms and all related documents and that you are willing to be bound by them.

1.2. The content of this website is for your general information and use only. It is subject to change without prior notice.

2. Variation

2.1. We may update our terms and conditions from time to time, and the new provisions will apply from the date they are updated.

3. Disclaimer (General)

3.1. Whilst every care is taken, Kiddikutter PTY LTD does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

3.2. The information available through this website site is provided for general business interest purposes only.

3.3. You are solely responsible for any results you obtain as a result of using the information on this website.

3.4. You acknowledge and agree that no information or advice provided by us, including that contained on this website, in any way constitutes feeding or cooking advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website.

3.5. This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

4. Copyright, trademarks and other intellectual property

4.1. Kiddikutter Pty Ltd owns the intellectual property rights in all of the content of this website or has permission to use or display the material on this website.

4.2. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.

4.3. Please email info@kiddikutter.com.au if you require permission to reproduce any of the contents of this website.

4.4. Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright.

4.5. You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.

5. Personal use only

5.1. You may access, download, or print material from the website for your personal use only.

5.2. Sharing any intellectual property or copyright material from this website for commercial use of any sort without permission is expressly prohibited.

5.3. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

5.4. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.

6. No unlawful or prohibited use

6.1. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.

6.2. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website.

6.3. You agree not to hack into areas of this website that are not intentionally made available to you.

6.4. You expressly agree not to:

6.4.1. engage in any internal or external spamming, or other similar actions
6.4.2. engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions
6.4.3. decompile, reverse engineer, or try to copy or imitate this website or underlying content
6.4.4. use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
6.4.5. use data collected from the website for any direct marketing activity (including without limitation, email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).
6.4.6. use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes.

6.5. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.

7. Copyright infringement

7.1. If you believe that there is material on our website that infringes third party intellectual property rights, please email info@kiddikutter.com.au with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the Kiddikutter Pty Ltd website if appropriate.

8. Cookies

8.1. This website uses cookies to monitor browsing preferences.

8.2. By using our website or by agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

9. Third-party links

9.1. This website may also, on occasion, include links to other websites which are not controlled by us.

9.2. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.

9.3. Third-party links on our website do not signify that we recommend or endorse the websites.

9.4. We have no control over the nature, content and availability of those websites.

10. Website security

10.1. Kiddikutter Pty Ltd makes every effort to maintain the security of the Kiddikutter Pty Ltd website, including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.

10.2. Kiddikutter Pty Ltd disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.

10.3. The Kiddikutter Pty Ltd website is managed by third-party services; therefore, the website may be inaccessible from time to time.

11. Limitation of Liability

11.1. Kiddikutter Pty Ltd will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law

11.2. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

11.3. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

12. Indemnity

12.1. You agree to indemnify and defend Kiddikutter Pty Ltd from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

12.1.1. your unauthorised use of this website or products or services included or advertised on this website
12.1.2. your breach of these Terms of Use.

13. Applicable law

13.1. This agreement is governed by the laws of the State of Western Australia and you consent to the exclusive jurisdiction and venue of courts within the State of Western Australia, in all disputes arising out of or relating to the use of this website.

13.2. You may provide notice to us through the contact us page or otherwise by email addressed info@kiddikutter.com.au.

13.3. Kiddikutter Pty Ltd may provide notice to you via email or other electronic means.

13.4. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.

14. Relationship

14.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kiddikutter Pty Ltd as a result of this agreement or use of this website.

15. Validity

15.1. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

15.2. These terms and conditions, together with our Privacy & Cookie Policy,  form the entire agreement between you and Kiddikutter Pty Ltd.

16. Feedback, comments or complaints

16.1. If you have any questions, please email info@kiddikutter.com.au. We endeavour to respond to all inquiries within three business days.

Terms and Conditions of Sale

These are the Terms and Conditions of KiddiKutter Pty Ltd (ABN97612339125) (“KiddiKutter”, “we”, “us”) on our website located at www.kiddikutter.com.au These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy Policy, all of which can be found on our Website.

Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

eCommerce

While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).

Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.

Payment

You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.

If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.

We currently accept PayPal, credit and debit card (Visa and Mastercard) payments on the Website.

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor or credit provider (such as PayPal), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.

Discounts Codes

We may offer discounts or coupon codes from time to time. Discounts codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both). Only available to retail customers, not wholesale customers.

Discounts and coupon codes are available for the stated time.

Unless we specify otherwise in our offer, discounts codes are available on full priced goods only.

Discount codes are non-transferable and are not redeemable for cash under any circumstances.

We reserve the right to revoke any discount offer at any time without notice.

Postage and delivery

We post products worldwide. We use delivery service providers to help us get our products to you.

Rates

You agree to pay to us postage fees as calculated at checkout. From time to time, we may offer free delivery on orders over a certain amount. Please check our Shipping page for current pricing and offers. If your delivery is non-standard, we will contact you to discuss postage rates.

If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).

Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.

We use Australia Post for our orders, they will be sent with tracking and a signature will be required.

Dispatch Time Frames

We process all orders within 48 hours of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders on the same business day or the next business day.

The handling period may vary, for example, if we have a high volume of orders.

You acknowledge that we’re not be liable for any delay in dispatch of your order.

Delivery Time Frames

Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, your orders should arrive within 5-7 business days Within Australia, longer for overseas orders.

Delivery Address

It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund for your order, less postage fees that we may incur in accordance with this agreement.

Orders Lost in Transit

When we dispatch your order, we will give you a tracking code for you to track the progress of your order.

If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we can recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

Risk

Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

Events beyond control

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete you order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

Advice and information

We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice, we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to 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.

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

replacement of the product;

payment of the cost of having the product repaired; or

such other fair and reasonable remedy as we are ready and willing to provide.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.

If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.

To make an ACL-related claim, please contact us on at info@kiddikikutter.com.au

Refund Procedure

If your goods are damaged or defective in any way on delivery, please contact us at info@kiddikutter.com.au as soon as possible to arrange a suitable remedy, such as return, exchange or refund.

Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately 14 days.

Intellectual property

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

Dispute resolution

If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Perth, Western Australia (unless we agree an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).

Variation

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.

Severance

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

Termination

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.

Jurisdiction

As we’re based in Western Australia these conditions will be governed by the laws of that state. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Western Australia.

Ph. +61 (0) 403 832 949
info@kiddikutter.com.au