Terms and Conditions
This website (www.trendykidz.com.au) is owned and operated by VHC Holdings Pty Ltd ABN 42 531 476 475 trading as TrendyKidz Boutique (“TrendyKidz Boutique”). The words “We”, “Us” and “Our” mean TrendyKidz Boutique. The words “You” and “Your” refer to registered users, customers, resellers, associates, suppliers or general public visitors to Our website.
By visiting, viewing or ordering from Our website You agree to acknowledge and be bound by these terms and conditions outlined below. We may amend these terms and conditions from time to time without prior notice, at Our discretion.
We may correct errors or inaccuracies and change or update information on Our website at any time without notice, including in respect of prices and availability of items.
We will notify You by email if an item You have selected differs from the item listed on the website or on Your order.
All orders and purchases made through this website are subject to these terms and conditions. By placing an online order through Our website, You will be deemed to have accepted these terms and conditions.
We will email You confirmation of the items that You purchase. If an item is out of stock You will be notified at the earliest time possible and the purchase of that item will either be cancelled or put on back order. Alternatively, if there is a similar product, We will offer You that instead.
We only process orders on business days (ie Monday to Friday, except bank and public holidays). Any order placed on a day other than a business day will be processed by Us on the following business day.
Unless otherwise stated, all prices on Our website are quoted in Australian Dollars (AUD).
All listed prices displayed exclude Goods and Services Tax, freight and other taxes, where applicable.
We accept Visa, MasterCard and Pay Pal as methods of payment. A payment is considered complete when the funds have been cleared.
We only dispatch Your order on business days.
All orders are sent via Australia Post as regular or standard parcel or, if requested, Fastway Couriers or Star Track.
Usually, Your order will be dispatched within twenty-four (24) hours after We receive clear payment. Depending on Your location, delivery can take between two (2) to seven (7) business days. If We provide a delivery date or time in Our order confirmation, then that is approximate and is not to be taken as a guarantee by Us that Your goods will be delivered by that date.
Title in goods
Title to the goods in relation to an order You place via Our website shall pass to You upon Us receiving payment for your order in cleared funds.
Passing of risk
The risk in the goods will pass to You once Your order has been dispatched from Our warehouse or collection of the order from Our warehouse or once Your order has been collected by Our courier, as the case may be.
Loss or damage in transit
We will not be responsible to You or any person claiming through You for any loss or damage to goods in transit caused by any event of any kind or by any person, whether or not We are legally responsible for the actions of that person.
The goods We offer for sale on our website are covered by the warranty given by the manufacturer of the goods. We do not provide any separate warranty in relation to the goods that You purchase, other than those required under the Australian Consumer Law.
Limitation of liability
(a) Subject to paragraph (b) and to the fullest extent permitted by the Australian Consumer Law and relevant state legislation, Our sole obligation under these terms and conditions is to use Our best endeavours to provide the goods or to repair the goods or repair or replace (at Our discretion) any part of a the goods which is found to be defective during the period of warranty. In no event shall We be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the goods, and any direct, indirect, special or consequential damages or injury to any person, corporation or other entity.
(b) If the goods We supply to You under these terms and conditions are supplied to You as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation then You will have the benefit of certain non-excludable rights and remedies in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. However, if the goods are not goods ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation then Our liability is limited to payment of an amount equal to the lowest of:
(i) the cost of replacing the goods or supplying equivalent goods;
(ii) the cost of repair of the goods;
(iii) the cost of having the goods repaired or replaced.
(c) Subject to paragraph (b), We will not be liable for default or failure in performance of Our obligations pursuant to these terms and conditions resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond Our reasonable control.
(d) Subject to paragraph (b), We will not be responsible for any loss caused by an error or defect in the goods or errors or faults caused by the goods.
Limitation to price of goods
Subject to your statutory rights (including under the Australian Consumer Law), Our total liability for loss and damage of every kind:
(a) whether arising pursuant to these terms and conditions; or
(b) out of or in relation to the goods, their sale, delivery or the way they behave, in tort or contract or in any other cause of action; or in any other way whatsoever, is limited to the amount paid by You to Us for the goods at the date when such liability arises.
These terms and conditions, and any agreement arising from Your acceptance of these terms and conditions, shall be governed by the laws of the State of New South Wales.
Questions and Enquiries
Should You have any questions about Our terms and conditions, please contact Us via our online ‘Contact us’ form.
We may, from time to time, offer promotions to You on Our website. These promotions cannot be used in conjunction with any other promotion We may offer to You.
We may automatically choose the promotion that gives You the greatest value.
Refer A Friend Program
Our Refer A Friend Program offers customer the chance to save by sending a coupon code to their friends. Their friend will save $10 (min spend $75) and once their friend makes a purchase the referrer will receive $15 off their next order (min spend $100). This promotional code cannot be used with any other special in store or online.