Terms of service

Table of Contents

Scope of Application

Conclusion of the Contract

Right to Cancel

Price and Delivery Costs

Shipment and Delivery Conditions

Liability for Defects

Digital Products

Law and Jurisdiction

Alternative Dispute Resolution

Scope of Application

1.1 These Terms and Conditions of Skillll Pty Ltd (ABN 26636533992) trading as The Human First Kids (hereinafter referred to as the "Seller") apply to all contracts concluded between a consumer or trader (hereinafter referred to as the "Client") and the Seller relating to all goods and/or services offered in the Seller's online shop TheHumanFirstKids.com. The inclusion of the Client's own terms and conditions is hereby excluded, unless expressly agreed otherwise in writing.

1.2 A consumer pursuant to these Terms and Conditions means any individual acting wholly or mainly for purposes outside their trade, business, craft, or profession. A trader means any individual or entity acting for purposes relating to their trade, business, craft, or profession, whether personally or through another person acting on their behalf.

Conclusion of the Contract

2.1 The product descriptions on the Seller's online shop do not constitute binding offers but serve as invitations for the Client to submit a binding offer to purchase.

2.2 The Client may submit the offer via the online order form integrated into the Seller's website. By placing selected goods in the virtual cart, proceeding through checkout, and clicking the final "Pay Now" or "Complete Order" button, the Client submits a legally binding offer to purchase the goods in the cart.

2.3 The Seller may accept the Client's offer within five (5) days:

by sending an order confirmation in writing (e.g. by email); or

by dispatching the ordered goods to the Client (in which case receipt of the goods is decisive); or

by providing access to digital products; or

by requesting payment from the Client after order submission.

The contract shall be concluded at the time when one of the aforementioned alternatives occurs. If the Seller does not accept the offer within this period, the Client shall no longer be bound by it.

2.4 The period for acceptance begins on the day following the Client's submission of the offer and expires at the end of the fifth day thereafter.

2.5 The Seller will store the contract content and send it to the Client in writing (e.g. via email) together with these Terms and Conditions after the Client submits the order. For security reasons, the contract text will not be accessible online after completion of the order process.

2.6 Before submitting a binding order, the Client may review and correct input data at any time using standard browser and keyboard functions. A final confirmation screen allows the Client to review and correct information before submission.

2.7 The contractual language is English.

2.8 Order processing and communication generally occur via email and automated order management. It is the Client's responsibility to ensure that their provided email address is correct and capable of receiving messages from the Seller. Clients must ensure that spam filters do not block the Seller's messages or those of third parties involved in order fulfilment.

Right to Cancel

3.1 Consumers are entitled to the right of cancellation in accordance with Australian Consumer Law and international consumer protection regulations where applicable.

3.2 For digital products: Once a digital product has been accessed, downloaded, or delivered to the Client, the right to cancel for change of mind does not apply. By completing the purchase of digital products, the Client expressly agrees to immediate access and acknowledges that the right of cancellation is forfeited once access is granted or the product is downloaded.

3.3 For physical products: Full details of the cancellation policy and return procedure are provided on our website under Returns & Refunds and form part of these Terms.

3.4 The right to cancel does not affect the Client's statutory rights under the Australian Consumer Law for faulty or defective products.

Price and Delivery Costs

4.1 Unless otherwise indicated, all prices displayed on the Seller's website are in Australian Dollars (AUD) and include applicable Goods and Services Tax (GST). For international orders, local taxes, duties, or import fees may apply and are the responsibility of the Client. Any additional delivery or dispatch costs are specified separately in the relevant product description or during checkout.

4.2 Payment can be made using one of the methods provided on the Seller's online shop, including major credit cards, PayPal, Shop Pay, Apple Pay, or other secure payment methods supported by Shopify Payments.

4.3 If payment in advance has been agreed upon, full payment is due immediately upon contract conclusion.

4.4 For digital products, access will be provided immediately upon successful payment confirmation.

4.5 Payments made via PayPal are processed by PayPal Australia Pty Ltd or its international affiliates, subject to PayPal's Terms of Use available at: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full

Shipment and Delivery Conditions

5.1 For physical products: Goods are delivered via postal or courier services to the delivery address provided by the Client during the order process, unless otherwise agreed. For PayPal payments, the delivery address registered with PayPal shall apply.

5.2 For digital products: Access instructions, download links, or digital files will be delivered to the Client's email address provided during the order process. The Client is responsible for ensuring their email address is correct and that they can receive and access digital content.

5.3 If delivery of physical products cannot be completed due to the Client's fault (e.g., incorrect address or failure to accept the package), the goods will be returned to the Seller. The Client will bear the cost of re-shipment unless the delivery failure was outside the Client's control.

5.4 The Seller reserves the right to make partial deliveries where reasonable. The Client will be informed if an order is split, and additional delivery costs will not be charged unless partial shipment was requested by the Client.

5.5 For physical products: The risk of accidental loss or damage to goods passes to the Client once the goods are in the Client's physical possession or received by a person authorised by the Client. For traders, risk passes to the carrier upon dispatch.

5.6 The Seller reserves the right to withdraw from the contract if stock is unavailable due to supplier issues beyond the Seller's control. In such cases, the Seller will inform the Client promptly and refund any payments made.

5.7 Collection by the Client is not available for logistical reasons.

Liability for Defects

6.1 Statutory consumer guarantees under the Australian Consumer Law (ACL) apply. This means that goods and digital products must be of acceptable quality, fit for purpose, and as described. Nothing in these Terms limits your rights under the ACL or applicable consumer protection laws.

6.2 If the Client is a consumer and exercises a short-term right to reject faulty goods, the Client must return physical goods to the Seller. Return shipping costs for defective or incorrect items will be reimbursed by the Seller upon verification.

6.3 For digital products, if the product is defective, cannot be accessed due to technical issues on the Seller's end, or does not match its description, the Seller will provide technical support, supply a corrected version, or issue a refund in accordance with the Returns & Refunds Policy.

Digital Products

7.1 Digital products sold on the Site include but are not limited to downloadable files, educational materials, templates, guides, and other digital content.

7.2 The Client is granted a personal, non-exclusive, non-transferable license to use the digital products for their own personal or educational purposes only.

7.3 The Client may not:

resell, redistribute, or share digital products with third parties;

claim ownership or authorship of the digital products;

modify, reverse engineer, or create derivative works based on the digital products for commercial purposes; or

use the digital products in any way that violates applicable laws or infringes on the intellectual property rights of the Seller or third parties.

7.4 All intellectual property rights, including copyrights, trademarks, and other proprietary rights in the digital products, remain the property of the Seller or its licensors.

7.5 The Seller makes reasonable efforts to ensure digital products are free from viruses or malicious code, but cannot guarantee that files will be compatible with all devices or software. The Client is responsible for maintaining appropriate antivirus and security measures.

7.6 Technical support for digital products is provided on a reasonable efforts basis. The Seller is not responsible for issues arising from the Client's device, software, internet connection, or user error.

Law and Jurisdiction

8.1 If the Client acts as a consumer, any contractual relationship between the parties shall be governed by the laws of the Commonwealth of Australia and the State of New South Wales, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Courts located in Sydney, New South Wales, shall have non-exclusive jurisdiction over any dispute arising from these Terms or the use of the Site.

8.2 If the Client acts as a trader, all contractual relationships are governed by the laws of the State of New South Wales, Australia. In this case, the courts of Sydney shall have exclusive jurisdiction.

Alternative Dispute Resolution

The Seller is not obliged nor prepared to participate in alternative dispute resolution procedures before a consumer arbitration board. However, we aim to resolve any customer concerns promptly and fairly. For assistance, Clients are encouraged to contact our customer service team via info@TheHumanFirstKids.com before pursuing formal action.

Skillll Pty Ltd (ABN 26636533992) Trading as The Human First Kids

Email: info@TheHumanFirstKids.com Website: https://www.TheHumanFirstKids.com