Terms and Conditions

Terms & Conditions

Kinetic Creations Pty Ltd is subject to the laws of New South Wales, Australia, and/or The Commonwealth of Australia.

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 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.

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. Unauthorized orders will be reported to your educational institution.

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.

Methods of Ordering

Online Ordering: Placing your order online grants you access to real-time pricing and comprehensive product information. All online orders signify your unequivocal intention to acquire the specified items at the online prices, excluding Freight on Board (FOB) charges. We retain the prerogative to adjust the pricing in the event of software glitches, errors, or malicious incursions. After you have submitted your online order, expect to receive a sales order confirmation within 1-2 business days.

Once this confirmation is in your possession, you have a 2-business day window during which you can make adjustments or cancel your order. Once this 2-business day period has transpired, you become committed to completing the purchase. If you decide to cancel after this timeframe, we reserve the right to impose a 20% restocking fee on your order, and we also retain the right to apply any store credit or bonus credit you may have. If such credits are not available, you will be required to settle the restocking fee before placing your subsequent order.

Should you indicate the need for your order to be dispatched within a timeframe of 5 days or less, the 2-day grace period will not be applicable. Once we send you the order confirmation for an order requiring priority dispatch, any changes to your order will not be possible. If you choose to cancel or modify your order, a 20% charge will be applied to the value of the canceled items. We reserve the right to apply any existing credit towards this total amount; otherwise, dispatch of any future orders will be withheld until the outstanding amount is settled.

Pricing

Unless stated otherwise, all prices on our website are quoted in Australian Dollars (AUD) and are displayed inclusive of Goods and Services Tax (GST). Prices are subject to change without prior notice.

Regarding uniform items, while we make efforts to promptly notify our customers of any price modifications, it’s important to note that Kinetic Creations does not bear the responsibility of informing customers about price adjustments, especially concerning embellished garments. Therefore, it falls upon the customer to proactively request an updated price list before proceeding with their 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.

Methods of Payment

We accept payment on order through direct transfer or credit card. Credit card payments will incur a surcharge of 1-2%. Payment is considered complete once the funds have cleared.

SHIPPING

Delivery

In Australia, our courier services will handle the shipment of your order. Each order will be accompanied by a comprehensive Packing Slip, detailing the purchased items. Tax invoices will be efficiently sent via email to the studio owner or the assigned recipient for tax documentation. Please note that our deliveries are strictly designated for business or residential addresses and require a signature upon receipt. Unfortunately, we are unable to accommodate deliveries to post office box addresses. To ensure your peace of mind, all items dispatched by our accredited couriers are insured against loss or damage during transit. In case of damaged parcels, we kindly request immediate reporting and the retention of the original packaging for reference.

If you opt to have your items left without a signature, please be aware that Kinetic Creations cannot assume responsibility in the event of loss or damage after the delivery process is complete. On the other hand, selecting a signed delivery provides you with assurance and accountability. It’s important to note that if you are unavailable to sign for the goods upon delivery, Kinetic Creations retains the right to apply additional re-delivery charges. Please keep in mind that we are unable to guarantee a specific delivery time, and the responsibility of tracking the shipment to ensure your availability at the time of delivery lies with you.

Upon receiving your order, it is imperative that you check the attached packing slip for accuracy. In the event of any discrepancies, please notify us within one week but no later than 30 days. If you inform us more than 30 days after receiving the order, we will conduct an investigation to the best of our ability to determine if any items were omitted from your order. However, we cannot guarantee a replacement or refund in cases where we reasonably dispatched the order. Our records of outgoing delivery dockets are maintained for 90 days. After this 90-day period, we are unable to provide replacements or refunds for items that you believe may have been missing from your order.

Free Shipping

Orders that exceed AU$800.00 will have free delivery to most addresses in Australia. For remote addresses, we will cover the first AU$50 per box, with the customer paying the balance. This is only available to customers within Australia. Read more about free shipping.

Priority Shipping

In general, for the majority of the year, orders are typically prepared for shipment within five business days. During peak periods, this timeframe extends to approximately seven or eight business days. If you decide not to opt for priority picking, your order should still arrive in a reasonably prompt manner.
Should you need a guaranteed dispatch within five business days, an additional $20 charge will be applied to your order, as it will require individual picking. We will also charge for express postage which is often double or triple the cost of regular shipping.

Please note that orders requesting priority picking will not qualify for free delivery promotions.

KINETIC CREATIONS 20% DISCOUNT PROMO FOR ALL IN-STOCK COSTUMES

This promo does not apply to already discounted items. We will apply the greater discount from the original price only.

The discount is not applicable to uniform items or out-of-stock costumes.

Orders placed under these conditions will not accrue KC Rewards.

Returns due to a change of mind will not be accepted; however, exchanges may be considered at our discretion. Exchanged items outside the promotional period will be priced at regular rates.

Promotional items require a minimum lead-time of 5 business days. Urgent orders will be subject to additional fees for express picking and postage.

Exchanges for orders placed outside the promotional period will not qualify for the 20% discount.

Standard payment terms apply, requiring a deposit/payment within 5 business days and full payment within 30 days.

RETURNS POLICY

Return Policy – Effective as of August 2023

Kinetic Creations implements a restricted return policy designed to offer size exchange flexibility while minimizing returns, particularly beyond a 30-day timeframe.

For items being returned without an exchange for a product of equivalent value, a 20% restocking fee will be applicable, contingent upon our ability to reasonably resell the items in the future.

Please note that customized, clearance, or specially embellished items tailored to your specifications cannot be returned.

To obtain a Returns form, kindly send an email to orders@kineticcreations.com.au with “RETURNS FORM” in the email subject line.

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 the  Australian Consumer Law (NSW). For detailed information about your rights under this guarantee, please visit the official Website of the Australian Competition and Consumer Commission. http://accc.gov.au/consumers/consumer-rights-guarantees.

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.

• Clearance items.

• Custom-made or embellished items that cannot be resold.

• Urgent items necessitating a special production run.

Returns Policy, Additional Information:

Beyond our 30-day return policy and our obligations under the Australian Consumer Law (NSW) consumer rights guarantee, Kinetic Creations retains the right to make the final determination regarding exchanges, credit, or refunds. In certain instances, a 20% restocking fee may apply to approved items.

All returns should be directed to:
KINETIC CREATIONS RETURNS DEPARTMENT.
Unit 9, 14 Arizona Rd.
Charmhaven, NSW 2263.

Contact Us:
Please feel free to contact us if you require further information or clarification regarding any statements above.