Terms & Conditions
Last Revised 22nd August 2024.
LEGAL
Introduction
By accessing, browsing, or placing an order on our website, you hereby agree to acknowledge and be bound by the Terms and Conditions outlined in this agreement. This Agreement encompasses the trading Terms and Conditions applicable to all transactions conducted under the Kinetic Creations banner, including but not limited to online, phone, and email orders. Furthermore, this agreement defines specific terms of use that apply to all aspects of our website.
In this document, the terms “we,” “us,” “our,” “Kinetic,” and “Kinetic Creations” refer to Kinetic Creations Pty Ltd, with its address at F9/14 Arizona Rd, Charmhaven NSW 2263. The terms “you” and “your” encompass registered users, customers, resellers, associates, suppliers, or general public visitors to our website.
We reserve the right to amend this Agreement at our discretion by posting the revised terms on our Site. Any changes to this document will be published in the online News section and on the welcome page. With the exception noted below, all revised terms become effective as soon as they are posted in the online News section. This Agreement may only be altered through a written request from you (signed) and an agreement signed by us. This agreement came into effect on November 5, 2023.
All trading Terms and Conditions are detailed in the following sections:
Governing Law
The Terms and Conditions within this agreement are subject to the statutory rules and regulations enforced by the Australian and New South Wales Government and its relevant authorities.
Intended Use
All materials, including but not limited to text, images, multimedia, advertisements, and downloadable content, are published by us and made available to a global audience. If you access this website from outside of Australia, you do so at your own risk and must comply with the rules and regulations of your respective jurisdiction. Please be aware that different terms and conditions may apply to local (Australian) and international customers.
The general public of all ages may view all publicly available material and copy it for personal use. Commercial use of material is only permissible with prior written consent from Kinetic Creations. Registered users may include, but are not limited to, the general public, employees, or representatives of companies, associations, governments, or any other corporate entity.
Eligible Customers
Kinetic Creations exclusively caters to business entities, including Dance Studios, Educational Institutions, and other businesses at our discretion. If you do not possess an ABN, NZBN, or an equivalent business identification number in your country of trade, access to our pricing or stock information beyond what is publicly available cannot be provided. You must also be able to demonstrate the business is in operation with a website, advertisement, social media etc. and sign up using a publicly listed email address and/or phone number. If you are just starting your business you will need to provide at least one trade reference.
Any person authorized to act on behalf of the dance studio when making orders is welcome to do so. To streamline the process, it’s preferable for this individual to have an email linked to the dance studio. Written permission from the studio owner is necessary to act on the studio’s behalf. The owner will bear responsibility for any orders placed by the designated person.
Retail Customers
For members of the public interested in ordering our goods, we recommend, as a first step, locating a nearby dance store or consulting a dance studio to facilitate the order. In the event you encounter difficulty finding someone to place the order on your behalf, please reach out to orders@kineticcreations.com.au. Specify the stock code and desired size in your email, and we will promptly provide information on pricing and where you can place your order.
Educators of Primary School, High School and other similar institutions.
For educators and coordinators in educational institutions, there are specific terms applicable to your orders. Invoices can be placed on a 30-day account under the following conditions:
- 1. All orders must be dispatched to the address of the educational institution or performance venue. If orders are directed to an individual’s address, written authorization from the institution is required.
- 2. Purchase orders must accompany all orders at the time of Sales Order Confirmation.
- 3. It is the responsibility of the teacher, coordinator, etc., to ensure that the tax invoice is forwarded to the appropriate department for billing, ensuring payment within 30 days of the invoice.
- 4. Orders should be submitted via your professional email address. If multiple educators are ordering within your department or institution, it is recommended to designate one person to handle garment orders.
- 5. Approval from your educational institution is mandatory for all orders. And we require a Purchase Order number or equivalent within two business days, otherwise full payment can be made via bank transfer or credit/debit card.
- 6. All orders submitted via our website that can be supplied by us are a binding contract. You must be prepared to receive the items before submitting the order. There is a 2-day grace period once an order is submitted that you may amend or cancel the order; after that, there is a restocking fee. School orders will generally be sent on the day they are processed, so it is important to act quickly if any changes will be made; otherwise, you will be liable for the return postage costs.
Disclaimer and Limitation of Liability
All material on our website is provided “as is” and “as available.” We do not guarantee the accuracy, completeness, or adequacy of this material and disclaim liability for errors, misleading information, or omissions. To the maximum extent permitted by law in New South Wales, we do not provide any express or implied warranties, whether statutory or otherwise.
While we strive to combat malicious activities, we cannot guarantee that our website will be free from issues such as viruses, hackers, or denial of service attacks. We also do not guarantee uninterrupted access to our website and disclaim any loss or damages resulting from its unavailability.
To the maximum extent permitted by law in New South Wales, we disclaim liability for any damages, including direct or indirect, special, incidental, compensatory, exemplary, or consequential damages, losses, or expenses, caused by the use of this site or its unavailability. This includes issues such as errors, interruptions, defects, delays, system failures, or the introduction of computer viruses or technical sabotage.
ORDERING
Methods of Ordering
Online Ordering: When you place an order online, you gain access to real-time pricing and comprehensive product information. All orders indicate your clear intention to acquire the specified items at the online prices, excluding freight charges. We reserve the right to adjust pricing in case of software glitches, errors, or malicious incursions. After submitting your online order, expect to receive a sales order confirmation within 1-2 business days.
A Sales Order Confirmation serves as a binding contract for your purchase. Once in your possession, you have a 2-business day grace period to make adjustments or cancel your order. Beyond this period, you commit to completing the purchase. For most orders canceled after this timeframe, a 20% restocking fee may be imposed.
For orders involving Clearance, Made To Order, Custom Made, or Embellished items, we reserve the right to impose a penalty of up to 100% of the garment value if production has commenced and resale is not feasible.
We may apply any available store or bonus credit. In the absence of such credits, settling the restocking fee is required before placing your subsequent order.
If you request dispatch within 5 days or less, the 2-day grace period is not applicable, and the aforementioned conditions will apply.
Pricing
Unless specified, all prices on our website are in Australian Dollars (AUD) and include Goods and Services Tax (GST). Prices are subject to change without prior notice.
While we take all efforts to inform our customers of any change to their pricelist, it is the customer’s responsibility to request a pricelist before placing an order.
Order Process
Unless otherwise specified, you accept that any additional freight charges will be added to your order. In most cases, orders will be processed and dispatched within 5 business days, except during peak periods (from July to November and January to February) when longer dispatch times may apply. We can expedite your order to be picked and sent with priority, but this will incur an AU$20 fee. This fee is intended to cover the additional costs involved in picking an order outside of our general routine.
Payment Methods
Payment on order is accepted through direct transfer or credit card. Credit card payments incur a 1-2% surcharge. Payment is considered complete once funds have cleared.
SHIPPING
We typically dispatch our products within one day of receiving a fully paid order. The standard delivery times vary, with most orders reaching NSW, Victoria, and South East Queensland within 1-3 days, while the rest of Australia generally experiences delivery within 3-7 days. These timeframes however are not guaranteed and should you need the items in a relatively short timeframe, we suggest you choose express delivery options.
Every shipment includes a detailed packing slip, and we advise customers to promptly check the contents of the package against the packing slip to ensure accuracy. Unless otherwise specified, all shipments require a signature. Customers have the option to authorize the delivery to be left without a signature when placing an order.
We will notify you when your shipment is in transit, and it is the customer’s responsibility to track their items. If you are unavailable to sign for the delivery, Kinetic Creations reserves the right to charge additional redelivery fees. If you choose to have your shipment left without a signature, Kinetic Creations cannot be held responsible for any loss or damage occurring after the delivery has taken place.
Free Shipping
Most orders that exceed $800 will have free shipping to most addresses in Australia and New Zealand up to $50 per box.
Shipping charges may apply if:
- 1. The order contains clearance items.
2. Orders that require less than 5 days dispatch “Priority Shipping”
3. Addresses where the delivery cost is more than $50 per box (we will charge the difference).
If you return items to us, and it is determined that such returns would disqualify you from the free freight promotion, the shipping cost will be subtracted from the credit note, along with any applicable restocking fees.
Priority Shipping
Kinetic Creations reserves the right to charge a $20 surcharge for items requiring dispatch in less than five business days. We will only implement this in peak periods to cover the cost of overtime for our staff.
International Shipping
Shipping to countries outside of Australia and NZ will need to be quoted on an ad-hoc basis.
RECEIVING
Our recommended and default postage option is “Sign On Delivery”. If you opt to have your delivery left without a signature, we are not able to take full responsibility if the item goes missing or get’s damaged once delivery has been completed. You should ensure your deliveries are kept secure in a dry, cool environment with minimal exposure to sunlight.
When you receive your order, you should check the full contents within 14 days on the packing slip attached.
In the event of any discrepancy, you should inform us immediately so we can conduct an investigation.
After 14 days it becomes a lot more difficult due to the volume of stock moving through our warehouse
We will deny all claims made more than 90 days after delivery of your item.
We will not replace missing accessories more than 14 days after receiving your order under any circumstances.
Once unpacked, you should always keep the garments in dry, cool environments with minimal exposure to sunshine.
RETURNS POLICY
Updated August 2024
Please read below carefully before submitting a return.
This section primarily addresses returns resulting from a “Change of Mind.”
For items that are faulty, damaged, or not as described, Kinetic Creations is fully committed to adhering to the consumer guarantee outlined by NSW and/or Australian consumer laws.
30-Day Return Policy
Kinetic Creations extends a 30-day return policy, permitting returns on most items within 30 days from the date of invoice. Please take note that a restocking fee of 20% may be applicable. You can choose to have the goods exchanged or credited to your account.
All returns must be authorized. To initiate the return process, kindly complete a Return Authorization (RA) form and forward it to orders@kineticcreations.com.au. Await a response containing an approval number before proceeding with the return. Items returned to us without authorization will be sent back at the customer’s expense.
Special Conditions
For items intended for use at an event (e.g., a concert), we retain the right to decline returns after the event has taken place. Such returns must be arranged prior to the event date. Returns will only be eligible for Credit or Exchange. We generally will only waive the restocking fee should you return the items for an equivalently priced product. In most cases refunds are not possible.
Exchanges will be treated as new orders, with turnaround times potentially varying; nevertheless, we will strive to expedite the process as much as possible.
Additional freight costs will be borne by the customer, who should also utilize registered mail or courier services when returning items. Kinetic Creations will not assume responsibility for items lost during transit.
We Will NOT Accept
• Used, soiled, or damaged items.
• Items lacking their original Kinetic Creations packaging.
• Items missing their original accessories.
• Clearance items.
• Custom-made or embellished items that cannot be resold.
• Urgent items necessitating a special production run.
Beyond our 30-day return policy and our obligations under Australian and/or NSW Consumer Law, Kinetic Creations retains the right to make the final determination regarding exchanges, credit, or refunds. In certain instances, a restocking fee may apply to approved items.