Terms and Conditions
This website is operated by Babies.com.au so that you can access information and make an informed decision about shopping with us.
Our Terms and Conditions have been written so they are easy to read and be understood. If you have any questions, please send an email at firstname.lastname@example.org
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
For the purposes of these terms and conditions:
- “Us”, “Our” and “We” refers to Babies.com.au,
- “Seller” refers to Babies.com.au (as a direct seller) or various independent sellers that Babies.com.au acts on behalf of,
- “You” and “Your” refers to you, the client, visitor or person using our website.
- BABIES COM AU PTY LTD (ACN 610 080 969) (also called “Babies.com.au”, “we” and “us”) is a company registered in Melbourne, Victoria Australia.
- The Babies.com.au website features products available for purchase directly sourced from Babies.com.au.
- Babies.com.au makes the products available on our online store (including taking orders and collecting payment).
You are responsible for ensuring that all persons who access our web site through your Internet connection are aware of these Terms and Conditions, and that they comply with them.
These Terms and Conditions together with your order constitute the entire contract between Babies.com.au and you for the supply of products. No other Terms and Conditions will apply. The contract may not be altered unless agreed to by us in writing or via email.
Babies.com.au may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
These Terms and Conditions cannot be varied without Babies.com.au’s written consent.
We reserve the right to change, modify, add or remove portions of these terms at any time. We encourage you to check these terms regularly prior to using our website to ensure you are aware of any changes and contact us if you have any particular questions. The current version will always be shown on the Terms and Conditions page of our web site.
You agree that use of this site is at your sole risk. No warranty is made by Babies.com.au’s directors, Officers or employees that any information on or linked to this site is complete and/or error free. It will be your own responsibility to ensure that any products or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors therefore you irrevocably waive any claims against us with respect to the site to the fullest extent permitted by law.
We will use every effort to ensure our web site contains accurate information and content. To this point, we reserve the right to update as soon as an inaccuracy or error is brought to our attention.
Web Site Availability
The website is accessible 24 hours a day, 7 days a week.
Babies.com.au will not be liable if for any reason our web site is interrupted or unavailable at any time or for any period.
From time to time, we may need to restrict access to our web site (wholly or partly) to undertake relevant maintenance.
You agree not to reproduce, sell, resell, duplicate, copy, or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Babies.com.au site by any means other than through the interface that is provided by us for use in accessing the Site.
Applicable Law and Jurisdiction
You agree that all transactions entered into by you with us shall be governed by the laws of Victoria and you submit to the jurisdiction of Victorian Courts. This will remain the case irrespective of where you live or are domiciled or the country or source of the goods or services supplied.
Subject to the Seller’s obligations, the maximum aggregate liability of the Seller for all claims under or relating to these seller terms or a Product, whether in contract, offense (including negligence), under law or on any other basis, is limited to an amount equal to the greater of:
- AUD$100; and
- the amounts paid by you to the Seller as a result of the purchase of a Product.
Competition and Consumer Act
You must be over 18 years of age to purchase any goods or services on this site.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Babies.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You agree to indemnify Babies.com.au, its directors, shareholders, employees or representatives from any claim, loss or liability occasioned to third parties as a result of your unauthorised or misuse of the Website or breach of any of the conditions of use.
Your Account Obligations
In consideration of your use of the Site, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Information”)
- Maintain and promptly update the Registration Information (keep current and complete).
- Take full responsibility for the confidentiality of your user name and password.
- Be totally liable if your user name or password is used by an unauthorised person and release and indemnify Babies.com.au in connection with any use (whether authorised or unauthorised) of your user name or password.
- Advise Babies.com.au immediately if you become aware of unauthorized use of your password or account or any other breach of security. Babies.com.au take security seriously and consider Registration Information as private.
Note – Babies.com.au may suspend or cancel your account at any time without prior notice if we believe any of the above is not being met.
Special offers relate to Free shipping, Competitions, Special Promotions and Sales events.
Babies.com.au reserves the right to verify the validity of the promotional discount code or credit and may at its discretion cancel orders or refuse to honor the orders where the discount/credit code has been used by a non-qualifying member. Any purchase under a special offer will be purchased and delivered under the usual Babies.com.au Terms & Conditions
Terms and Conditions that are specific to the advertised special offers will be published on Babies.com.au’s Terms & Condition page. Any published start/end times reflect local time for Melbourne, Victoria, Australia.
Any “discount code” announced by the Seller apply to all valid orders placed at www.babies.com.au within the stipulated validity period. To apply the code “xxxxxx” must be entered during the check-out process. Please note:
- Discount does not apply to GST or shipping charges.
- Discount does not apply to the purchase of Gift Cards.
- Discount code can be used multiple times for orders meeting the Terms & Conditions.
- All purchases and deliveries are subject to Babies.com.au’s usual Terms & Conditions.
Free shipping offers will be clearly advertised on Babies.com.au’s home page or at the product / Seller level. From time to time other discounted shipping offers will be made available to registered members of Babies.com.au on particular events. These specific offers will be advertised on particular events. Any shipping offers will be subject to the following:
- All orders meet the specified requirements (minimum spend, event duration, product) as indicated on the home page or the applicable event.
- Event offers – shipping offer applies only while stocks last.
- Shipping discounts are applied during the checkout process.
Babies.com.au is a shopping website for both members and casual shoppers (Guests / Visitors). If you become a member of Babies.com.au, membership is free. Noting:
- Members are not permitted to have more than one active account.
- Babies.com.au reserves the right to decline an application for membership or cancel a membership at our sole discretion and without giving any reasons.
- You, as a member are responsible for all activity on your account and for keeping your passwords secured at all times.
- Babies.com.au will not be liable for any losses caused by someone else using your account.
- All transactions as a member are subject to the stated terms & conditions.
All products for sale on our web site are intended solely for purchase by our customers for their personal use. Noting:
- You agree not to commercially resell any product you buy from our web site.
- Babies.com.au reserves the right to restrict orders we deem to be abnormal quantities.
- All products are sent to you in good condition and packaged correctly, we cannot guarantee the condition of the product on arrival.
- Some products may not be shipped to the international locations due to the legal restrictions or other reasons. Babies.com.au reserves the rights to limit the display of items for sale in a particular region or country.
- Sales event items may mean items are offered for a limited time and are limited in quantity.
- Babies.com.au will ensure (to the best of our ability) that all the products on our web site are accurately described, from time to time we will rely on information provided to us by our suppliers.
- Some products offered may be hand-made or made from natural or organic materials. As a result, there may be small variations between the product image(s) and the product you receive. Where possible this will be stated in the description of the product.
- Colour of products will be displayed as accurately as possible. On some occasions the colours represented in pictures and samples on our website may appear slightly differently on different displays and screens.
- To the maximum extent permitted by law, we do not warrant that the product descriptions, colours, information or other content available or offered on our web site are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our web site.
- From time to time our suppliers and the Sellers deliver products that are not to Babies.com.au’s standard of quality or workmanship. Babies.com.au acting on behalf of sellers reserves the right to withdraw any products from our web site at any time and/or remove or edit any materials or content on our web site. Babies.com.au is not obliged to notify users of the website of such changes or to post the changes on their website.
After you have placed your order and our team have processed your payment Babies.com.au will provide you with an order confirmation by email.
- The “Order Confirmation” Email represents confirmation that we have received your order.
- Your order represents an offer to purchase, which we accept only when the Seller dispatches your product(s). Babies.com.au will send you an email confirming that your product(s) has/have been dispatched.
- Once this email has been sent and the goods have been handed over to the designated carrier, the contract between the Seller is completed. The sale contract is therefore concluded in Victoria, Australia.
- Your shopping cart will reflect the item you have selected for a limited period of time however the shopping cart does not hold the product for you. We provide other customers with an opportunity to view and buy. All orders are confirmed on a First Come-First Serve basis.
- In the situation where the product is unavailable, Babies.com.au reserves the right to cancel your order prior to dispatch. In this unlikely event Babies.com.au will make contact via email as soon as possible to let you know. A credit/refund will be made to your account.
- If delivery of an order results in unacceptably high freight charges to the Seller, Babies.com.au will advise you via email to take instructions. On instruction we will cancel your order and issue a full refund to you.
- In the event where the price on the website cannot be honoured, Babies.com.au will make contact via email to take instructions before proceeding with the order. You as the client may opt to cancel the order. In this circumstance a full refund will be provided.
- Babies.com.au reserves the right at any time after receipt of your order to accept or decline your order for any reason without prior notice. In these circumstance Babies.com.au will email you directly. An order may be cancelled even after acceptance if:
- Babies.com.au suspects that you are in breach of these terms and conditions or acting fraudulently (i.e. using a credit card without proper authorisation).
- An error on Babies.com.au’s behalf – While Babies.com.au strives to avoid pricing and other errors, inadvertent errors do occur from time to time.
- Availability of the product – From time to time there maybe unforeseen supply problems or unexpected demand may result in a product being unavailable. If this unforeseen event occurs, resulting in a delay in shipping, Babies.com.au will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when Babies.com.au ships the Product to you.
- Babies.com.au will not be liable to you for refusing to process or accept an order after we have sent you the order confirmation. Any payments made will be refunded if an order is refused.
Prices & Payments
You agree to pay the purchase (advertised) price specified on the website at the time that you place your order for the purchase of a Product, and any applicable shipping charges.
- All pricing is in Australian Dollars unless otherwise indicated.
- All prices include GST where applicable. For International orders a local rate of taxation may apply.
- Prices may be altered at our discretion and without prior notice
- In the event a product is listed at an incorrect price (or incorrect information) due to typographical error or incorrect information from the supplier, the Seller has the right to cancel the order. In this circumstance a full refund will be provided.
- International orders (delivered outside of Australia) – At the time of order we are unable to advise you on any “Other Taxes” that maybe imposed by another government agency. We advise you contact the taxing authorities of the country that the Products are to be shipped to if you are unsure whether any Other Taxes will apply.
For each online order you must pay:
- The relevant applicable price as per the price stated on the website.
- The relevant GST or, in the case of international orders, the local applicable impost.
- Delivery & handling fee as specified
- Payments are only accepted using the methods stated on our website (PayPal and Credit cards).
- We accept Visa and MasterCard. There is no surcharge for Visa or Mastercard transactions with Babies.com.au
- Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point.
- All payments billed to your credit card will be in Australian dollars. For international customers, conversion to your local currency will be done by your credit card provider.
- Babies.com.au takes security seriously – your order details are safe and secure.
- To facilitate validation you must provide your exact billing address and telephone number – the address and phone number your Bank credit card account has on file for you. Incorrect information may cause a delay in processing your order.
- Any personal information provided is encoded using and encryption protocol.
- We are unable to accept cash on delivery
- Payments must be cleared before the goods are dispatched by the Seller.
- In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
**PayPal – Free Return Shipping Offer
The Service is available at no additional cost to PayPal account holders who have registered for it at https://www.paypal.com.au/returns/. By registering for the Service, you acknowledge and agree to these terms and conditions. These terms and conditions replace any previous version provided.
- Babies.com.au is not responsible for this offer or service provided by Paypal. Please contact PayPal directly for any question or queries.
- This offer may not be applicable for international locations.
For full details of the Terms & conditions please refer directly to the PayPal General Conditions of Use page – www.paypal.com/au/webapps/mpp/returns/generalconditions
**for further details client needs to check the PayPal requirements.
Shipping / Delivery Fees
- Delivery fees may vary for different delivery locations.
- Any special shipping offers will be displayed during the checkout process.
- Please refer below for more information on domestic and International shipping costs.
- Free shipping is offered for all orders over AUD$150.
- For orders less than AUD$150, we charge a small flat rate shipping fee. Where a fee is charged, the fee for heavy items will be based on weight.
- Orders delivered FREE will be clearly displayed on each product page, if not, the shipping cost is displayed at checkout.
International (including New Zealand)*
Freight to New Zealand, will be calculated based on weight. All Shipping costs will be display at checkout.
Babies.com.au will contact you if the Seller is unable to ship your order to any International location due to size, weight or any other restrictions.
Please be aware that packages may be subject to additional taxes and duties at the port of entry of various International countries outside of Australia. The Seller does not take responsibility for any extra fees which may be applied via customs and duty offices in the receiving country. Noting:
- Duty and other government fee for International location is customer’s responsibility.
- Customers are responsible for paying any freight charges incurred by refused shipment and unclaimed goods. Likewise customers are responsible for paying any additional customs or duties charges that may be incurred on their order. The Sellers delivery partners will make every effort to deliver on time. However, the Seller shall not be held liable for delayed or lost shipment.
- Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery, or if incorrect details are provided during the checkout process. When your order is shipped you will be sent an email confirmation which will include an order number and must be used when enquiring about your order
Shipping / Delivery Time
From the time of receiving your payment authorisation and funds are cleared, delivery time will be:
- Australia wide 2-9 days*
- International (including NZ) 5-28 days*
*excludes public holidays and if delivery times specifically stated at the product level
From time to time the delivery of specific items will exceed the usual delivery window for reasons outside Babies.com.au’s control. Babies.com.au commits to process all orders as quickly as possible and will send you an email to let you know when your item has been dispatched.
- Any delivery times displayed on the website are estimates only, based on the information provided to Babies.com.au by the relevant shipping company.
- Orders placed during sale periods can take up to 5 days to dispatch.
- International – Please be aware that packages may be subject to delays at the port of entry of various International countries outside of Australia. Babies.com.au takes every effort to ensure a quick and smooth delivery, but does not take responsibility for any delays which may be applied via customs and duty offices in the receiving country.
Delivery / Authority To Leave
All orders are delivered between 9am and 5pm on business days. In some cases, courier service may deliver parcel outside of these hours
All packages delivered by courier need to be signed for in order to accept the package. Should an ATL (Authority to Leave) be stated on the purchase notes by the buyer then the buyer accepts all responsibility for missing packages left by the courier.
At the time of order you will be required to provide a contact phone number, which may be used by the courier to arrange delivery. Noting:
- Your order will be delivered to the delivery address provided by you. Please double check your delivery information to ensure it is correct. To ensure the fastest delivery and to avoid non-delivery we strongly recommend using a business address as your shipping address.
- Please note courier services are not able to deliver to PO Box addresses and therefore we may not be able to service orders with PO Box addresses.
Most products can be delivered Australia wide (New Zealand, India and other International locations coming soon). In some cases, we will only be able to deliver products in metropolitan areas (based on size and weight). This information will be shown on the product listing and alerts given at the checkout.
Once the order leaves Babies.com.au, Babies.com.au cannot be held liable for any lost, missing or damaged goods or parcels. Any such event should be disputed by the customer directly with the courier company. Risk passes to the customer once the goods are consigned to the courier.
If you are not available at the time of delivery – Our delivery partner may leave a card at the address. You may need to contact the courier company to arrange for re-delivery or they may indicate an address where your parcel can be picked up.
- If a pickup address is given, it will be the customer’s responsibility to pick the order up. The customer has 5 days to do so before the order is automatically re-directed back to the Seller.
- If Babies.com.au and their delivery partner are unable to finally deliver your order due to your error or fault after 21 days or 3 attempts (whichever is sooner), Babies.com.au reserves the right to cancel your order. In these circumstances we will refund you the price of your order, less the delivery fees incurred by us. This condition may not apply to International deliveries. If multiple attempts have been made to deliver your parcel, additional costs may be incurred.
- A Signature may be required at point of delivery – Anyone at the delivery address who receives the goods and provides a signature will be presumed by Babies.com.au to be authorised to receive the goods.
- An ‘authority to leave’ can be granted to the delivery partner to leave your parcel at the shipping address without a signature in the event that no one is available at the delivery address to accept the order. Please note that if ‘authority to leave’ has been requested by a customer, the delivery driver can at his or her discretion decide not to leave the order unattended if they feel it unwise to do so.
- “Authority to leave” and instructions for the delivery driver to leave your order in a secure place – Babies.com.au accepts no liability for orders not received by a customer where an ‘authority to leave’ was granted.
Returns and Refunds
Babies.com.au will handle returns and refunds in accordance with the Australian Consumer Protection legislation.
Your rights: Some of the goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law.
Certain items cannot be exchanged i.e. personalised products, made-to-order items, underwear, swimwear & Babies.com.au gift cards.
As soon as the decision is made to return a product, Babies.com.au must receive an email notifying us of the reason for the return, your name, the order number and the name of item. Our customer services team will advise you on the next steps.
We are unable to return or exchange an item that is not being returned or exchanged by the original purchaser.
All return and refund applications will be carefully considered and given at the discretion of the Company Management on the return of the product. The Seller reserves the right to refuse a refund.
Damaged or Defective Products
Items are occasionally damaged in transit. If you notice that an item is damaged when it is delivered to you, please email Babies.com.au within 2 days of delivery with clear digital photos clearly showing the damage. The Babies.com.au customer support team will make contact to advise the next steps.
Once proof of damage has been received and accepted, Babies.com.au will provide you with a self-addressed post pack in which to return the product. You will then be offered a replacement (if in stock) or a full refund or store credit, whichever you prefer. Any refunds will be transferred back to the original payment method, eg. your credit card (via PayPal), PayPal account or store credit.
- Money guarantees on items purchased which are damaged or defective and that are unused (still has tags attached) can be returned within 30 days and Babies.com.au will refund the money including return shipping costs. Unused means you have not used, damaged, washed or laundered any of the items. Items must be secured in their original packaging if possible. If these conditions are not met, Babies.com.au reserves the right to deny a return.
- You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
Product Exchanges – You Have Changed Your Mind
Babies.com.au may not hold a large amount of stock; or accept return unless damaged or faulty therefore, they may not be able to offer exchanges.
It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
If an exchange cannot be arranged on a purchased item, you will be given a store credit to the same value once the item has been received by the appropriate seller, noting:
- Customer has to pay the postage of returned item. Shipping costs incurred will not be refunded.
- When shipping please ensure you use a trackable or signed-for delivery service such as registered post, as we cannot credit your account until the item has been received by Babies.com.au.
- Store credits (if applicable) are valid for 1 year from the date of issue, unless specified otherwise.
- Product Exchanges – You can only exchange items from Babies.com.au to the same or lower value than your original purchase (not including shipping).
- All items being returned must be dispatched/shipped within 10 days of the return being approved, and must be in original new condition including packaging. If these conditions are not met, Babies.com.au reserves the right to deny a return.
- On confirmation the item is in ‘as-new’ condition, Babies.com.au will issue you with a refund of the purchase price less the initial delivery fees.
International Destination Restrictions & Liabilities
Babies.com.au thoroughly monitors all International orders and inspects all packages leaving the warehouses to ensure that all items ordered by customers are included in each order and that each order is safely packed for International shipping.
- Babies.com.au has no control over International Customs or International Postal Operations and as such, takes no responsibility for damaged items or items claimed to be missing. Babies.com.au will not refund any International orders where such claims are made. Babies.com.au recommend such claims are placed with your local customs and or postal service.
- Cancellation of International orders – Under special circumstances, Babies.com.au will refund the exact amount of a cancelled order (less original shipping) in Australian Dollars; however for International orders the currency at the time will dictate how much will be deposited back into your account. We will not be liable for any discrepancy of currency at the time of the refund. Please note, local banks may apply foreign currency conversion fee, Babies.com.au will not be liable to refund such fee or charges.
- Babies.com.au reserves the right to restrict parcels where the destination country is deemed high risk.
- We are not responsible for the loss of any orders due to untraceable consignments numbers.
- Babies.com.au is not liable for any cost that may be incurred due to customs tax or delivery tax.
- Delivery time delays – Babies.com.au holds no liability to any orders that are detained by any countries customs, this detainment may also affect delivery times stated in these terms and Conditions
Social Media (such as Facebook, Twitter, Instagram and Blog)
Our involvement in social media is to provide the Babies.com.au follows / members with details on our sales, new products, special events and promotions. You’re welcome to contribute appropriate comments on photos & videos.
Babies.com.au is not responsible for any failure, suspension or delays arising out of any circumstances outside of our reasonable control, including but not limited to governmental actions or intervention, shipping, postal or other relevant transport strikes, acts of God, postal theft, failure or accident, lockouts or other labor difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
Babies.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
Copyright and Trademark Notice
This site is owned and operated by Babies.com.au. Unless otherwise specified, all material appearing on this site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively “Content”) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright © 2016, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Babies.com.au or their respective content providers. All software used on the site is the sole property of Babies.com.au or those supplying the software.
You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Babies.com.au’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Babies.com.au that results in litigation then you must submit to the jurisdiction of the courts of Victoria.
All purchases, and these terms and conditions, are subject to the laws of Victoria, Australia.
Concerns or Complaints
Please write to our Privacy Officer if you would like to make a complaint about privacy.
If you have any other issues or concerns about material or information which appears on Babies.com.au’s web site, please send an email to email@example.com
We will acknowledge receipt of your complaint and respond within a reasonable time.
Babies.com.au Pty Ltd
ABN: 25 610 080 969
ACN: 610 080 969