Terms and conditions
Thank you for shopping with High as a Kite. We are all about recapturing the magic of traditional play.
When you use the High as a Kite website (our Website) and when you place any order for items featured on our Website (Items) you are communicating to us that you have agreed to these Terms and Conditions (Terms) being a legally binding agreement between Windborne Pty Ltd (ACN 646 250 599) (we, us, our, or High as a Kite) and you. If you do not agree with these Terms, you must not use our Website or place any orders.
If you are an existing stockist being provided these Terms and you do not agree with them, please return all existing Items to us for a refund. They apply to all of our dealings from the date of publishing on our Website.
We wholesale our products to approved stockists at our exclusive wholesale pricing. Applications to be approved as a stockist are made via our Website. We do not approve everyone that applies and approval is entirely at our discretion. Approval may be revoked at any time. We are not obliged to provide a reason if approval is denied or revoked. We do not grant exclusive territories to wholesalers.
We take product safety extremely seriously. When making an application to be an approved stockist, you are promising us that all Items will be sold in their original packaging with all warning labels intact and all proper assembly and handling instructions will be included every time.
Kites inherently carry risk of injury, death and property damage. Specific risks include entanglement, collision and injury from kite lines. If you or your staff provide advice about any Item to a consumer, you agree to assume all liability for that advice.
Because of the high level of risk associated with these Items, you must not resell any Items which have been returned to you by a consumer. You are required to promptly advise us of all returns of Items and the reason for the return. If you are made aware of any accident, incident, injury, damage, near miss or other quality concern, then you must immediately inform us and provide full details including contact details for us to investigate this with the consumer. This is part of our quality assurance program to ensure that we are made aware of all potential risks with the Items we sell and can rectify any defects at the earliest opportunity.
Please ensure to provide complete and accurate personal details at the time of making your purchase including the correct delivery address and delivery instructions.
If you enter delivery information incorrectly, High as a Kite may not be able to alter it and/or we may need to charge you additional administrative and shipping fees to get it to the right place. Please email us immediately if you realise that you have entered incorrect delivery information after submitting your order as the options decrease and costs increase as time elapses.
All prices displayed on the Website are in Australian or New Zealand dollars (depending on your location) and are subject to change without notice.
Prices are exclusive of GST and GST may be payable in addition to the price displayed. There may be international transaction fees and credit card fees depending on your location and payment method which you are responsible for paying.
Our prices do not include insurance or any secondary attempts to deliver Items to you which, if applicable will be charged to you and payment will be required in full prior to delivery.
High as a Kite accepts payment via the payment methods included on our Website. Payment providers may have their own terms and conditions which apply in addition to ours. It is your responsibility to familiarise yourself with them. In paying or attempting to pay for Items, you agree that you have not engaged in any fraudulent conduct or broken any law.
After you make your order, you will receive a transaction confirmation email which confirms receipt of your order. You will receive an invoice when your order is dispatched.
WHERE YOU MAY SELL THE PRODUCTS
Our products may only be sold by you or the business who purchased them from us. You may not onsell the products to another person or company. You may only sell the kites at the premise or premises from where you operate your business or via your personal business website. You may not sell our products on any online marketplace including but not limited to Ebay or Amazon.
Descriptions of Items are subject to change at any time without notice. We reserve the right to discontinue any Item at any time.
Whilst we make every reasonable effort to display the Items as accurately as possible, the colours and images of the Items as they appear on our Website may vary from how they appear in person. We cannot guarantee that your device will display any colours and images accurately.
High as a Kite does not make any promises that any specific products will be available at the time you may wish to acquire them or accept any liability if they are not available or are delayed for any reason. We may replace products with like products in our discretion.
Our liability to you for any incorrect listings is limited to amending or withdrawing that Item once we are made aware of it.
Shipping will be either via Australia Post or our network of couriers which we use at our discretion.
- Standard shipping: between 7 and 14 days of us notifying you that your order has been shipped; and
- Express shipping: between 2 and 5 days of us notifying you that your order has been shipped.
There may be times where shipping will take a little longer (for example, during peak times such as promotional periods, Christmas or in the case of delivery interruptions). If we receive notification of a delay, we will notify you as soon as practicable. If you have not received your Items within our suggested timeframes, please email us with your full name and order number, and we will investigate on your behalf.
CANCELLATION OF ORDERS
We reserve the right to refuse service to anyone at any time without being obliged to provide a reason. If we need to cancel your order, we will contact you and arrange a refund of the money you have paid.
If for any reason we are unable to provide you with the Items in your order, High as a Kite may cancel your order or part of your order. We will contact you should this occur.
You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.
You are not permitted to cancel an order, unless we agree in writing. This is because we may have already instructed our warehouse to prepare the order and it may have already been shipped. The sooner you contact us, the more likely it is that we can assist with a cancellation.
If there is no one at the delivery address and no arrangements have been made for someone to accept delivery, the Items may be left at the delivery address, whether or not you have instructed us to do so, or we may return the item to a depot and either try to deliver again later or require that it be collected from a depot. Risk in the Items passes to you when it is left at the delivery address or collected from a depot.
DAMAGED, LOST OR INCOMPLETE ORDER
Should your order be damaged, lost or incomplete, please email us within 7 days so that we may assist you.
USE OF ITEMS
The following rules apply to use of all Items purchased from us:
a. Children must be actively supervised by a responsible adult when flying a kite.
b. Kite flying can be dangerous and carries risks of injury, death and property damage. Specific risks include entanglement, collision and injury from kite lines.
c. Users assume all risk and must be careful and take responsibility when flying a kite.
d. Before flying a kite, you should assess the environment for potential hazards. Avoid flying a kite where there is uneven ground, unsafe terrain, adverse weather conditions (such as thunderstorms or strong winds), where you cannot keep a safe distance from roads, power lines, railways, buildings, airports, and in crowded areas with other kites or objects.
e. Follow proper assembly and handling instructions provided with the kite.
f. We are not liable for any accidents, damages, injuries or loss resulting from misuse or failure to properly assess and mitigate risks.
USE OF SITE
We cannot guarantee that your use of our Website will be uninterrupted, timely, secure or error-free. There are instances where we may need to remove the Website for indefinite periods of time without notice to you.
We reserve the right to limit sales of Items to specific geographical areas.
By using our Website, you represent to us that you are purchasing the Items for sale direct to consumers. We reserve the right to limit the quantities of Items that one person may purchase, including via separate orders.
You may not use the Website or any Items for any illegal or unauthorised purpose.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Items and products and services delivered to you through the Website are 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, quality, fitness for a particular purpose, durability, title, and non-infringement except to the extent that those warranties cannot be excluded under law.
We do not warrant that the quality of any Items, services, information, or other material purchased or obtained via our Website will meet your expectations, or that any errors will be corrected.
To the maximum extent permissible by law:
a. our liability to you is limited to the amount you have paid us for the Items or the cost of having the Items provided again, whichever is higher;
b. High as a Kite, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors are not liable for costs, expenses, loss, damage or claim associated with:
i. any delay or failure to perform our obligations if such delay is due to any circumstances beyond our reasonable control including in respect of delivery or failure in relation to delivery;
ii. any claim related in any way to your use of the Website 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 Website, even if we are made aware of their possibility;
iii. any 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; nor
iv. any claim arising or incurred in connection with a breach of these Terms or any law or the rights of a third party by you or anyone you are responsible for including any claims from any third party;
c. You agree to indemnify, defend and hold harmless High as a Kite and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any loss, damage, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
REFUNDS AND RETURNS
You will be entitled to a refund or replacement in the circumstances required under the Australian Consumer Law. We are not required to provide a refund or replacement if you change your mind.
In the event that you believe that you are entitled to a refund or replacement, we recommend that you first email us and provide us with:
- your full name and address;
- the order number; and
- the reason for claiming the refund or replacement.
We will ask you to return the Item(s) to us and suggest that you use tracked shipping. We reserve the right to assess the condition of a returned Item prior to offering a refund or replacement.
We will not be able to offer you a refund or replacement if you have modified any product, or used any product contrary to user instructions or packaging labels.
You may be entitled to a refund equal to the cost paid for the affected product. All replacements will be a new version of the same item. In some instances, we may agree to offer you an exchange for another item of similar value.
The value of a returned item is determined by the amount paid by you. If you are exchanging for a new item, the value of the new item is determined by the applicable price at the time your exchange is processed.
Exchanges are subject to availability. If another item is not available at the time, you will receive a refund or online credit in our absolute discretion.
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an order are those that govern that order.
The laws of Western Australia govern these Terms. Where the Australian Consumer Law is applicable to your use of the Website or purchase of Items, our policies are to be read subject to that law, with any modifications as set out in our policies which are not made contrary to that law.
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability.
That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
Please email us if you have any questions about these Terms.
Terms and Conditions last updated 18 July 2023.