Product Terms & Conditions
1. What is the effect of these Terms?
Ekidnr is a brand name of RedBook Inspect Pty Ltd (RedBook Inspect). These Terms apply to the supply of the Ekidnr Anti-bacterial Shield (Goods) and the fulfilment of orders (Orders) by RedBook Inspect. The term you is used to refer to you in your individual capacity and, where you are purchasing Goods on behalf of a business, the business you represent.
RedBook Inspect’s retail store is hosted at www.ekidnr.com.au (Website) on an e-commerce platform provided by Shopify Commerce Singapore Pte. Ltd. The Goods are shipped directly from the manufacturer, Protection Brands Pty Ltd (Manufacturer).
2. Additional terms and conditions
3. Information disclaimer
The Goods will not remove 100% of bacteria and viruses from your vehicle and customers should continue using common sense hygiene measures. To the extent permitted under applicable law, RedBook Inspect excludes all representations and warranties relating to the Goods including fitness for a particular purpose. Whilst RedBook Inspect takes reasonable care in ensuring that information about the operation and efficacy of the Goods on its Website is accurate and up to date, it is provided in summary or aggregate form and for information purposes only. You are solely responsible for what you do with this information.
4. Placing Your Order
(b) You may offer to purchase Goods described on the Website for the price specified on the Website. To make an offer to purchase Goods, you must complete and submit the online order form (Order Form) and make your payment in accordance with clause 8. Note that prices may be subject to change.
(c) Within two business days of receipt of your Order, RedBook Inspect will send you a confirmation email to the email address specified on your Order Form. You acknowledge that the confirmation email is automatically generated, and does not constitute acceptance of your Order by RedBook Inspect.
(d) At any time prior to the Order being delivered to you, RedBook Inspect may inform you that your Order has been rejected, by email to the email address specified in the Order Form. RedBook Inspect is not required to give reasons for rejecting your offer. Subject to clause 4(e), if RedBook Inspect rejects your offer for any reason, neither you nor RedBook Inspect will be under any further obligation to the other arising out of your original offer or RedBook Inspect's non-acceptance of that offer.
(e) Provided you have otherwise complied with these Terms, in the event that RedBook Inspect rejects your offer to purchase after you have made a payment in accordance with clause 8, RedBook Inspect will as soon as practicable issue you with a full refund for the amount in question.
5. Limited to Non-Commercial Supply
Without limiting clause 4 above, RedBook Inspect retains the right to monitor the purchase amounts and frequency of Orders placed by purchasers (which may be identified based upon the same shipping address), and to restrict sales to a non-commercial level as determined in its sole discretion (including in respect of sales on a recurring basis). In such cases, RedBook Inspect may reduce the order amounts and/frequency to what RedBook Inspect considers a non-commercial supply.
6. What you must do
(a) comply with these Terms;
(b) provide all information for your Order in the form required by RedBook Inspect from time to time;
(c) ensure that the Goods are, at all times, stored in accordance with the manufacturer’s recommendations provided in the packaging;
(d) ensure that the Goods are only opened and used in accordance with the instructions and directions as set out in the packaging; and
(e) comply with all applicable laws in relation to your ordering and use of the Goods.
7. Availability, Delivery and Title to Goods
The following terms apply to the fulfilment of Orders and delivery of the Goods:
(a) RedBook Inspect gives no undertaking as to the availability of Goods advertised on the Website- or that the Website itself will be available, timely, secure or error free.
(b) RedBook Inspect can only deliver the Goods to Australian postal addresses using Australia Post eParcel service at the present time.
(c) Delivery times are reliant upon Australia Post and vary depending upon the delivery address. Any delivery times indicated are estimates only. RedBook Inspect is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a delay in delivery of the Goods to you.
(d) Your Goods will be delivered to your address and require a signature upon receipt. If you are not available at the time of delivery, the Goods will be returned to a nearby Australia Post outlet where you will be required to pick them up.
(e) Delivery of the Goods will be effected upon delivery of the Goods to the delivery address specified in your Order Form or nearby Australia Post outlet in accordance with clause 7(d). Risk of loss or damage to the Goods passes to you upon delivery.
(f) RedBook Inspect is not liable for any loss or inconvenience arising from your provision of inaccurate delivery address information- so please check details carefully.
(a) You must pay the Fee for the Goods set out in Order Form at the time you make your offer to purchase the Goods from RedBook Inspect by submitting your completed Order Form together with payment online.
(b) RedBook Inspect may offer payment via various third party service providers. Third party payment services are made available as a convenience only, and your use of any such services is governed by terms solely between you and the applicable third party services provider which you should read carefully before accepting. RedBook Inspect is not obligated to intervene in any dispute you may have in relation to third party services.
(c) The Fee is inclusive of GST. Unless expressly stated otherwise, the Fee includes the costs of delivery of the Goods. In all other respects, the Fee is exclusive of taxes, duties and charges imposed or levied in connection with the supply of the Goods (if any). Following your payment, you will receive a tax invoice by email to the email address specified on your Order Form.
(d) The Fee is payable despite a termination in accordance with clause 11 or any inability on the part of RedBook Inspect to deliver the Goods which is caused by you.
(e) All prices are in Australian dollars, unless stated otherwise.
9. Cancellation and withdrawal of Orders
Without prejudice to any right which you may have at law, once you have placed an Order, it cannot be cancelled. Therefore you should carefully check that your Order is accurate before you submit it to RedBook Inspect.
10. Cancellation due to error
You acknowledge that, despite RedBook Inspect's reasonable precautions, Goods may be listed at an incorrect price or with incorrect information due to a typographical error or similar mistake. RedBook Inspect reserves the right up until Goods are delivered to cancel the transaction, notwithstanding that your Order has been confirmed and/or your payment has been received. If a cancellation of this nature occurs after your payment has been received, RedBook Inspect will as soon as practicable issue a refund to you for the full amount in question.
RedBook Inspect may refuse an Order or any further service to you if:
(a) You fail to pay any Fee under these Terms by the due date for payment;
(b) You breach any provision of these Terms that is not capable of remedy;
(c) You breach a term of the Website terms and conditions;
(d) You breach any provision of these Terms that is capable of being remedied and you fail to remedy that breach within 7 days of being given notice of the breach by RedBook Inspect; or
(e) You are the subject of, in the case of a company, any insolvency proceedings or in the case of an individual, any bankruptcy proceedings.
12. RedBook Inspect's Returns Policy
(a) Goods may be returned only if the item is unopened and unused.
(b) Goods may be returned within 30 days of the purchase date, returns will not be accepted after this time.
(c) You will be responsible for all freight costs, unless you are returning Goods under a statutory warranty or otherwise as stipulated by RedBook Inspect. Please refer to the FAQs section of the Website for the return address.
(d) You will be refunded the total amount of your order minus any costs associated with freight to return the Goods, unless RedBook Inspect is bearing these costs under clause 12(c) above.
(e) Your refund will be processed as soon as possible upon receipt of the Goods back to the Manufacturer. The return process may take up to 15 days and once the Goods have been delivered back to the Manufacturer, we will process your refund. Your refund amount will be reimbursed back to you via the method in which you paid RedBook Inspect (for example, refunded to the same credit card used to purchase the Goods). Refunds are processed within 2 business days, but the money can take between 3 - 5 business days to show up in your account, depending on your financial institution.
(f) If you have ordered the incorrect Goods and did not notify RedBook Inspect before dispatch, you will be responsible for all freight costs to send the Goods back to RedBook Inspect. RedBook Inspect will advise you of the freight costs payable by you and organise the return freight. The Goods must be returned within 30 days of purchase date.
(g) If you need to make a return and meet the requirements of the above, click here to email our Customer Support Team.
13. RedBook Inspect's Warranty
RedBook Inspect’s warranties are as follows:
(a) The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a 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.
(b) In addition to the rights and remedies to which you may be entitled, and which cannot be excluded under the Australian Consumer Law or any other relevant legislation, RedBook Inspect warrants that the Goods sold by it, used in normal service and in accordance with the maintenance recommendations and safety warnings provided, will be free from defects in material and workmanship. This warranty shall be effective for one (1) year from the date of purchase, being the date shown on the original RedBook Inspect sale invoice. This warranty is limited to the original purchaser of a Good and expires immediately upon transfer of the Good to another individual or entity.
(c) Except as stated below, this policy describes all of the warranties given and remedies available with respect to the Goods. To the maximum extent permitted by law and save as stated above, RedBook Inspect disclaims any other warranty (whether express or implied) in relation to the Goods and will not be liable for any loss or damage (including costs, loss of time, inconvenience and commercial losses) however caused, whether direct, indirect or consequential, incurred or suffered by you or any third party in respect of the Goods.
(d) Nothing in this warranty shall be construed as superseding or adding to any RedBook Inspect warranty for other products or services or as excluding, restricting or modifying the application or exercise of any right or remedy to which you may be entitled under the Australian Consumer Law which cannot be excluded; or any liability of RedBook Inspect in relation to a failure to comply with a guarantee that applies under the Australian Consumer Law.
(e) The additional warranty set out at (b) above does not extend to Goods which become defective as a result of:
i. Improper storage of the Goods;
ii. Goods not being applied or used in accordance with the technical recommendations of the manufacturer as published from time to time;
iii. Accident, fire, chemical explosion or exposure, or vandalism;
iv. Climatic effects, such as damage caused by salt water or sand; or
v. Damaged, incorrect and faulty Goods. If you receive Goods that you believe are damaged or faulty please contact us by making a claim within 30 days of the purchase date. Our team will review the claim and contact you with the outcome.
(f) To get started on making a warranty claim, please read the following:
i. If a Good becomes defective within the terms of this warranty at any time during the above-described warranty period, you may make a claim.
ii. You will need to supply your order number, name, email address, contact number, the number of Goods affected, complete description of the alleged defect and photos of the Goods evidencing the alleged defect. Any additional evidence that you may have may be uploaded as well.
iii. Once a claim has been made, our team will review your claim and an outcome will be provided as soon as possible. If your claim requires further information or a physical inspection, our team will contact you to organise this.
iv. If you have used or handled the Goods outside the instructions given and/or do not have the Goods in your possession, we may not be able to continue with your claim and it will be closed.
v. Click here to make a warranty claim.
14. You indemnify RedBook Inspect
You indemnify RedBook Inspect, its related bodies corporate and each of their directors, officers, employees against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and / or demands) which may be instituted against RedBook Inspect arising out of:
(a) a breach of these Terms, the additional terms and conditions specified in clause 2 or any directions or instructions relating to the use, storage of the handling of the Goods as set out in the packaging by you (including a breach of any representation or warranty contained in these Terms); and
(b) any willful, unlawful or negligent act or omission by you.
The indemnities contained in this clause survive termination of these Terms.
(a) To read how RedBook Inspect collects, uses and discloses your personal information, click here.
(b) In completing the Order Form, you consent to the provision of the details of your Order to the supplier and any third party service provider engaged by RedBook Inspect to process orders or deliver Goods.
(c) Please be aware that as a purchaser through the Website, you may receive correspondence regarding your use of the Goods, including the status of your Order(s) or any other services provided to you. This may include confirmation of the receipt of your Order(s) and notification of changes to the status of your Order(s). You may also be notified of changes to ekidnr.com.au or associated RedBook Inspect websites that may have a direct effect on your use of the Website. This correspondence forms part of this service and is necessary for the management of your use of the Website. If you do not wish to receive this correspondence, please do not place any Order(s).
16. Governing law
These Terms are governed by and construed in accordance with the laws in the State of Victoria and you irrevocably submit to the non-exclusive jurisdiction of the courts in that State.
17. Entire Agreement
These Terms, the Order, the additional terms referenced in clause 2 and any warranties implied by law which cannot be excluded constitute the entire agreement of the parties in relation to its subject matter. All other terms whether express or implied are HEREBY EXCLUDED to the full extent permitted by law.
(a) RedBook Inspect may, in its absolute discretion, modify or amend these Terms and such modifications or amendments will be binding upon you once displayed on the Website. You should regularly check these Terms displayed on the Website.
(b) All rights not expressly granted are reserved.
(c) If any provision of these Terms is invalid, illegal or unenforceable in any respect, such invalid, illegal or unenforceable provision is to be severed from these Terms and the remaining terms will continue to apply.
(d) Any delay or failure by RedBook Inspect to enforce any provision of these Terms will not be deemed a waiver or create a precedent or prejudice RedBook Inspect’s rights in any way. No waiver by RedBook Inspect will be effective unless it is in writing and signed by or on behalf of RedBook Inspect.
(e) The supply of any Goods is strictly on the condition that the Goods are not used, resupplied, on-sold or transferred, directly or indirectly, in breach of any sanctions or law anywhere in the world. This condition does not apply to any Goods that are export sanctioned goods which are supplied, sold or transferred with appropriate sanctions permit.
Version 1.0 June 2020