Terms of Service
This website is operated by Bricoleur Ventures Pty Ltd atf Bealing Family Trust t/a BRICKS 4 KIDZ. Throughout the site, the terms “we”, “us” and “our” refer to BRICKS 4 KIDZ. BRICKS 4 KIDZ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and / or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and / or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Our online store is hosted on Subbly Ltd. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Furthermore you also agree to Subbly Ltd’s privacy and cookie policies.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS AND SERVICES
Our Products are only available to residents of Australia
Prices are in Australian Dollars (AUD) and include Goods & Services Tax (GST).
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Some goods may temporarily be out of stock in which case all back orders will automatically be shipped by us to you once the product is available, free of any additional freight costs.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – USE OF PRODUCT
The products or services available exclusively online through the website is intended for use only for the purpose described and not for any other purpose. We make no representation as to the fitness of the product for any other purpose.
WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS.
Whilst every effort is made to ensure that our products are safe, by placing an Order with us, you acknowledge that the Products are not designed, manufactured or intended for use by children under the age of three (3) and may contain small parts, which may cause a choking hazard if not used in a fully supervised environment. In addition to all other limitations and disclaimers in this Agreement, we shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, loss or costs arising from such use.
Any product specified as being suitable for use by children requires careful adult selection and use should be under proper adult supervision. Products must only be used by children of an appropriate age. Whilst we may give guidelines about age suitability, the final decision must be made by the selecting adult taking into account the nature of the child concerned.
SECTION 7 – MISSING PARTS
We have made every effort to ensure that your product has all the correct pieces before shipping your order.
Please contact us if you would like to discuss a missing part here.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and / or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 – SUBSCRIPTIONS
To subscribe to our products and services, go to Sign Me Up and choose either a Monthly or Annual Plan.
For subscribers on the Monthly Plan, the charge for the first month is payable upon signing up. Your account will be direct debited for the monthly charge on the same date each month that you originally subscribed.
For subscribers on the Annual Plan, the annual fee is payable upon subscription. No further charge is debited from your account until the yearly anniversary of the date that you originally subscribed. Prepaid annual subscribers cannot cancel during the first 12 months.
Prices are in Australian Dollars (AUD) and include Goods & Services Tax (GST).
Prepaid gift subscriptions are paid up front. They are straightforward to manage. As the person giving the gift, you can choose if it auto-renews or expires after a specific period of time.
We will automatically bill your credit card submitted as part of the renewal process for such amounts you hereby authorise us to do so. From time to time, due to public holidays and other events outside of our control, subscription renewal dates can change and you will be notified of changes to these dates via email.
As soon as you subscribe, we will send you a unique code that you can share with friends for referral rewards. When the recipient uses your code to subscribe, the recipient will receive one free month discount off their first order and your account will be automatically credited with one free month as well. There is no limit to how many referral rewards you can earn.
You can log into your account anytime here. Once inside your account, you can amend details, change password, and manage your subscription.
To cancel your subscription log into your account and click the Cancel Subscription button – no more charges will be made to your card. You can also “pause” your account for however long you want. Feel free to come back and build with us by reactivating your account anytime.
Please contact us if you would like to discuss your subscription here.
SECTION 10 – SHIPPING
BRICKS 4 KIDZ provides shipping FREE to anywhere in Australia!.
We process all orders within 3-5 business days of your subscription. BRICKS 4 KIDZ contracts with third party carriers in order to deliver your products in due time. You should then receive your delivery within 3-10 business days depending on your location. Please be kindly informed that the carrier performing your delivery might send you tracking information for your benefit.
Where a tracking number is provided to us we’ll share this with you in the Order Shipped email that you will receive from us once your order has been dispatched.
All our shipments require a signature by default, due to the cost of our products. If you’d prefer us to leave it at your door, please let us know in the Shipping Instructions when you subscribe. Please note, if you choose to do that, we can’t take responsibility of the Kit once it has been delivered.
BRICKS 4 KIDZ reserves the right to charge for delivery of the goods at any time, notwithstanding that it may not have previously done so.
SECTION 11 – RETURNS POLICY
We do not offer returns based on change of mind. Please choose and order carefully. As a consumer, you are entitled to the benefit of statutory consumer guarantees in respect of items purchased from us, in accordance with Australian Consumer Law. Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee that applies, under the Australian Consumer Law, and which cannot be lawfully excluded or limited.
If a Product is faulty or not fit for its purpose then we will meet our legal obligations which may include refunding the purchase price and delivery charges or providing a replacement product, provided the Product is returned intact, undamaged, and unopened within 14 days of delivery. We will assess the product before returning it to stock. Once the product has is assessed as being suitable to return to stock, you will receive a replacement product, delivery and freight.
Please contact us if you would like to discuss a return of product here.
SECTION 12 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and / or features through the website (including, the release of new tools and resources). Such new features and / or services shall also be subject to these Terms of Service.
SECTION 13 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 14 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 15 – INTELLECTUAL PROPERTY RIGHTS
This Site contains materials that are owned by or licensed to BRICKS 4 KIDZ. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws.
Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without our written consent.
Requests to use content, images or other of our intellectual property should be sent to us here.
SECTION 16 – PERSONAL INFORMATION
SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 18 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, territory or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 19 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BRICKS 4 KIDZ, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 20 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless BRICKS 4 KIDZ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 21 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 22 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and / or accordingly may deny you access to our Services (or any part thereof).
SECTION 23 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 24 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.
SECTION 25 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 – CONTACT INFORMATION
Our contact details are as follows:
Ph.: 0499 000 395
Questions about the Terms of Service should be sent to us here https://www.bricks4kidz.com.au/creative-kits/#Contact.