Terms & Conditions
Buy for Baby
1 TERMS AND CONDITIONS
1.1 These terms and conditions as amended from time to time (T&Cs) can be found on the Buy for Baby website. Online.buyforbaby.com.au. Buy for Baby is a division of Hire for Baby Pty Ltd.
1.2 Any order or purchases placed with Buy for Baby constitutes your (you, yourself or your) agreement to be bound by these Terms and conditions. Any additional or different terms you state in any communication with us (including any order) are not binding on us unless we explicitly agree those additional or different terms in writing to you. These Terms and Conditions will apply to all users, regardless of whether you are a browser, vendor, customer, merchant, or contributor of content to the Website.
1.3 By visiting our site, you have engaged us to provide you with the Buy for Baby services (Service). This includes access to our website, and providing you with any orders or purchases, and agree to be bound by the Terms and Conditions. This includes any additional terms and conditions and policies reference herein and/or available by hyperlink.
1.4 We reserve the right to refuse the Services to anyone for any reason, at any time.
2 ONLINE STORE TERMS
2.1 The Buy for Baby online store is a website that is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
2.2 By agreeing to these Terms and Conditions, you represent that you have the authority and are at least 18 years of age. If you are not at least 18 years of age, you cannot enter into any contract with Buy for Baby, and instead you should seek the assistance of your parents or guardians.
2.3 You agree that you may not:
(a) use any of our products, services, or the Services (including access and use of the Website) for any illegal or unauthorised purpose;
(b) violate any laws in your jurisdiction;
(c) transmit any worms, viruses, Trojans, keyloggers or any other codes of a destructive nature to Buy for Baby or any other user via the Website.
2.4 You agree to take your own precautions when accessing the Website to prevent exposure to any worms, viruses, Trojans, keyloggers or any other codes of a destructive nature which may damage your computer system.
3 PURCHASE TERMS
(a) Your placement of any order with us constitutes an offer by you to purchase products from us in accordance with these Terms and Conditions. We may accept or reject any orders that we receive.
(b) If we accept any orders, a binding contract between you and us will arise and at all times will be subject to these Terms and Conditions (Contract). The Contract may only be amended by written agreement between you and us.
(c) You warrant to Buy for Baby that all information provided by you in relation to any order is complete, true and accurate (including your name and delivery address (if applicable)).
(a) All current prices for any products offered by us are available on our Website. The price you pay for the products will be the price shown on our Website at the time that you make an order.
(b) Unless otherwise agreed by us in writing to you, prices for the products will be subject to alteration by us without notice from time to time, and quoted exclusive of goods and services tax (GST) and all other taxes and delivery costs. All products are sold and provided subject to GST unless the products are classified as GST exempt.
(c) Despite our best efforts, it is possible that products on our Website may be incorrectly priced. Where a product has been incorrectly priced below the correct price, you agree that we may (at our absolute discretion):
(i) cancel your order for the product and refund to you your payment;
(ii) notify you of the mistake and request whether you wish to purchase the product at the correct price or cancel your order; or
(iii) charge the lower amount and deliver the product to you in the usual course.
(d) Prices with strike-through are Suppliers Recommended Retail Price, and not an indication that the product has previously been sold at that price at Buy for Baby .
(a) Certain products may be available exclusively online through the Website only. These products may have limited quantities and are subject to return or exchange only according to any applicable return's policy (as set out in section 6 of these Terms and Conditions or otherwise expressly stated in the Contract).
(b) We cannot guarantee that your online displays of products or the colours of any products will be accurate.
(c) We reserve the right at all times to limit the sales of our products or the Services to any person, geographic region or jurisdiction and may exercise this right at any time in our absolute discretion. All descriptions of our products are subject to change at any time without notice at our absolute discretion and we reserve the right to discontinue any product at any time.
(d) Each Buy for Baby product 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 products for any other purpose other than in any Contract. Any product purchased from us must not be modified in any way whatsoever from the condition that they were supplied to you in by Buy for Baby. Buy for Baby will not be responsible in any way if the products are modified in any manner from the condition that they were supplied to you in.
(e) Any products specified as being suitable for use by children or infants requires careful and proper adult supervision, and should be carefully selected. Products must only be used by children of an appropriate age (as specified on the product guidelines), but any final decisions must be made by the selecting adult, taking into account the nature of the children or infants concerned.
(a) From time to time, we may offer seasonal or promotional pricing options on our products. We reserve the right to change or cancel our promotions at any time.
(b) Unless otherwise stated, online discounts are not applicable to any other forms of ordering (including fax, mail, e-mail, phone orders or in-store) and vice versa.
(c) Unless otherwise stated, promotional codes may not be eligible on some products which have already been discounted.
(d) From time to time, Buy for Baby may offer for purchase gift cards or gift vouchers that may be redeemed online, in-store or both. The gift cards or gift vouchers will set out all applicable terms and conditions of those cards or vouchers, including the date on which those items expire (if any).
4 PAYMENT TERMS
4.1 For customers buying directly from the Website, you may pay for the Buy for Baby products via:
(a) direct deposit into our nominated bank account outlined on our invoice.
4.2 For customers purchasing products in store, we will accept Visa, Mastercard and American Express or EFT payments You acknowledge and agree that payments in-store may be subject to additional charges from those third party suppliers.
4.3 From time to time, we may provide other third party payment options, which will appear on the Website as an option.
4.5 All payments must be made in Australian dollars only.
4.6 If we, or any third party, are unable to successfully process the payments for any of your order(s), then we may reject or cancel your order(s) by notice to you. If your chosen method of payment triggers any of our fraud prevention systems, we may cancel and rescind the transaction or contact you to confirm additional details and pass our fraud prevention systems. If we contact you, you must provide the requested information within 7 days and failure to do so will result in your order being cancelled and your payment will be refunded back to you via the same method of payment you used.
5 ORDERS AND DELIVERIES
(a) The delivery fee charged for each order will depend on the type of Buy for Baby product ordered, including the size and weight of the products, and the postcode for delivery. Buy for Baby reserves the right to charge for delivery of the products at any time (and vary any of those charges by notice to you). Delivery fees are calculated when placing an order.
(b) Products will be delivered to a local Hire for Baby location not to cusotmers addresses. The local Hire for Baby Branch will contact the customer to finalise the delivery and installation if required.
(c) You acknowledge that Buy for Baby is not liable for any incorrect person accepting delivery of your order at the delivery address nominated in any Contract and that any person accepting delivery of your order at the delivery address is authorised by you to receive the order.
(d) All estimated delivery dates are estimates only and you acknowledge and agree that Buy for Baby will not be liable to you for any delays or failure to meet such estimated delivery dates for any reason.
(e) Risk in the ordered products passes to you on delivery. Title to the ordered products passes upon a full payment of all amounts owed in respect of the products purchased by you.
5.2 CANCELLATION OF ORDERS
(a) Please confirm the details of any orders carefully (including the type of products ordered and the quantities ordered) as we may not be able to change or cancel orders without additional charges once we have accepted your order.
(b) If you cancel any orders for the Products, you are liable for any losses incurred by us, including but not limited to any loss of profits and any delivery costs for products that have already been dispatched.
(c) Subject to your selection of method of payment, upon any cancellation of an order by you, you agree that we may charge you additional surcharges on that transaction from our third party services providers. This will be advised on your invoice.
(d) Buy for Baby reserves the right to cancel an order at any time before delivery, for whatever reason, including where:
(i) there is an event beyond Buy for Baby's control, such as elements of nature or acts of God (including storms, fires, floods, cyclones, tidal waves, landslides or earthquakes), acts of war, terrorism, strike, lockout or other labour difficulties, embargo and failure of supply of electricity, heat or light to premises, which results in Buy for Baby not being able to supply the products within a reasonable time to you; and
(ii) Buy for Baby 's suppliers are unable to supply the products that they have promised to supply.
Where Buy for Baby cancels any order prior to delivery, we will notify you and refund you the payment made for that order.
6 POLICY ON RETURNS, REFUNDS AND REPLACEMENTS
6.1 RETURNS AND REPAIRS OF FAULTY PRODUCTS
(a) Our products and deliveries come with guarantees that cannot be excluded under the Australian Consumer Law (see Schedule 2 of the Competition and Consumer Act 2010 (Cth)):
(i) you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage;
(ii) you are also entitled to have the product repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
A 'major failure' is when the product:
- has a problem that would have prevented you from buying the product had you known about it;
- is unsafe;
- is significantly different from the sample or description of the product; or
- does not do what we said it would, or what you asked for and cannot be easily fixed.
(b) If you notify us (in accordance with the contact information set out in these Terms and Conditions) or return the purchased product to your nearest Buy for Baby store with proof of purchase, we will assist you in dealing with the product in accordance with the above.
(c) We may need to send the item to our suppliers or manufacturers in order to assess whether or not any exchange, refund or repair can be offered to you. If the product has been assessed and no fault is found, or it is assessed that damage has been caused by inappropriate use, Buy for Baby may refuse to provide you with a refund, repair or exchange.
(d) Subject to the Australian Consumer Law, we may require that the cost of any returns, refunds or repairs are borne by you.
(e) You acknowledge that:
(i) products presented for repair may be replaced by a refurbished product rather than a repair; and
(ii) for refunds of products, we may, at our absolute discretion, offer you with a credit or refund of cash.
(f) For all claims relating to a deficiency in the quality of the product, we require you to hold a proof of purchase and/or proof of delivery. If you do not hold this proof, we reserve all rights to refuse the request for repair, return or exchange due to a lack of proof of purchase.
6.2 CHANGE OF MIND RETURNS
(a) In addition to any statutory rights you have under the Australian Consumer Law, if you wish to return a product due to a change of mind, we may provide you with:
(i) an exchange, a refund or a credit note (at our absolute discretion) if the product is returned within 14 days of purchase; or
(ii) an exchange or credit note (at our absolute discretion) if the product is returned after 14 days of purchase.
(b) You acknowledge that we are not required to accept any returns for a change of mind.
(c) For any return, refund or exchange due to a change of mind:
(i) you must return the product in the original, unused condition and packaging with all instructions, manuals and accessories;
(ii) you must provide the original receipt or proof of purchase;
(iii) the product must not be a product that was purchased with a gift card or gift voucher, be a discontinued product that is no longer sold by Buy for Baby or be an item that was reduced to clear or otherwise discounted; and
(iv) the product must be returned together with all bonus or free products that were provided with the product at the time of the purchase.
(v) delivery fees will not be refunded.
7.1 All guarantees, conditions and warranties of any type in relation to the products of Buy for Baby are excluded to the maximum extent permitted by law, other than where explicitly stated in these Terms and Conditions.
7.2 In addition to statutory warranties which cannot be excluded under the Australian Consumer Law, if indicated on a product, specific manufacturer warranties may apply. Such a manufacturer's warranty will begin from the date of the invoice, not the date that the product is first used. If you wish to make any claim against a manufacturer's warranty, you must return the product to Buy for Baby and are liable for all costs of delivery to Buy for Baby and to you following any repair or exchange.
7.3 Our liability for a breach of any guarantee, condition or warranty implied by law for any products not ordinarily acquired for personal, domestic or household use or consumption, is limited (at our absolute discretion) to the options set out in section 6 of these Terms and Conditions or any limitations explicitly set out in any Contracts.
8 INTELLECTUAL PROPERTY
8.1 Our resources and intellectual property (including but not limited to the Website, graphics, logos, icons, catalogues, and software) are owned by us and our licensors (Buy for Baby IP). The Buy for Baby IP must not be infringed, copied, downloaded or reproduced (whether in its entirety or in part) in any form without our express written consent.
8.2 You acknowledge and agree that at all times, the intellectual property rights (including copyright in any of the Buy for Baby or Hire for Baby IP) will remain vested solely in Buy for Baby or its licensors (as the case may be). You will not obtain any right, title, or interest in any of the Buy for Baby IP.
9.1 We may terminate any Contract immediately by written notice to you if you fail to perform any of your obligations under the Contract or breach these Terms and Conditions.
9.2 We may terminate the Contract if a receiver, receiver and manager, provisional liquidator or administrator appointed to you or any of your assets or steps are taken to appoint any such persons, or if you are insolvent under any applicable law.
10 WEBSITE AND Catalogues
10.1 We make no representation or warranty with regard to the accuracy, completeness, or suitability of the information in any of our catalogues or on our Website.
10.2 You should make your own enquiries regarding products in our catalogues on our Website to confirm that those products are complete and suitable for your own intended use. Any reliance on the material available on this Website is at your own risk.
12 DISCLAIMER AND INDEMNITY
12.1 To the maximum extent permitted by law, Buy for Baby is not and shall not be liable for any loss (including loss of profits or indirect, consequential, special or punitive loss) or damage suffered or incurred by you arising from your use of our Website or for any order for products.
12.2 You agree to indemnify, defend and hold harmless Buy for Baby , its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)), employees, officers, directors, agents, contractors, licensors, suppliers and service providers from any losses, damage, claims or demands made by any third party as a result of, incidental to, or arising out of your breach of theseTerms and Conditions, any Contract, any breach of any laws or any other violation of the rights of any third parties.
You may not assign the benefit or obligations of any contracts or arrangements made pursuant to the Contract other than as expressly stated in the Contract. We may assign or otherwise deal with the benefit of any contract or arrangement made pursuant to the Contract at any time.
14 ENTIRE AGREEMENT
14.1 Unless otherwise agreed in writing between Buy for Baby and you:
(a) these Terms and Conditions exclude and supersede all prior discussions, communications, representations and arrangements and any other oral or written terms and conditions; and
(b) in the event of ambiguity, conflict or confusion between any other documents which we agree will form part of the Contract, the terms of the Terms and Conditions will prevail.
14.2 This does not apply to any existing written agreement between Buy for Baby and you in force prior to the date of the Contract.
14.3 Provisions of these Terms and Conditions or any Contract must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of thoseTerms and Conditions or the Contract.
15.1 Any notice to be given to a party under this Contract must be in writing and must be sent by post or email to the address of that party shown in the purchase order or order acknowledgement. If there is no address to that party identified for Buy for Baby, the notice details will be as set out below.
15.2 Notice is deemed to have been given at the time it would have been received in the normal course of post if sent by post, or if otherwise given at the time it was actually received.
16.1 If any provision of these Terms and Conditions or this Contract is illegal or unenforceable in any relevant jurisdiction, those provisions may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms and Conditions or Contract.
16.2 Any single or partial exercise or waiver by a party to these Terms and Conditions or any Contract does not prevent any exercise of that right or the exercise of any other right. The failure of Buy for Baby to exercise or enforce any provision or right in theseTerms and Conditions or any Contract shall not constitute a waiver of such right.
17 VARIATIONS TO THE Terms and Conditions
17.1 At any time, you can view the most current version of the Buy for Baby Term and Conditions on this page.
17.2 We reserve the right to amend, vary, update, change, delete or replace any part of these Term and Conditions by updating the Term and Conditions accessible on this page. At all times, it is your responsibility to check our Website for changes to the Buy for Baby Term and Conditions.
17.3 By continuing to access and use our Website, you agree to any of the amendments, variations, updates, changes, deletion, or replacements of any parts of these Terms and Conditions made by us to these Terms and Conditions.
18 GOVERNING LAW
This Contract is governed by and must be interpreted in accordance with the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of courts of Victoria, Australia.
Our contact information is as follows:
Hire for Baby Pty Ltd
605 Keilor Rd Niddrie 3042
Accounts receivable enquiries: email@example.com