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These supply terms govern the supply of Products by Babyluscious (“we,” “us,” “our”) to customers (“you,” “your”) who Order Products from us. Please read the terms carefully. Ordering Products from us indicates your acceptance of these terms. These terms may be updated by us from time to time. Updates take effect when the updated terms are published on our web site at www.babyluscious.com.au and will apply to Products Ordered after that date.
1. Definitions
In these terms:
“Business Day” means a day which is not a Saturday, Sunday or public holiday.
“Delivery Charge” means the delivery charge indicated by us at the time of your Order, or if no delivery charge was indicated, then our normal delivery charge for the Products Ordered.
“IP Rights” is an abbreviation for “intellectual property rights” and includes all copyright, patent rights, registered and unregistered trade mark rights, know-how, trade secrets and rights associated with confidential information, in any jurisdiction.
“Order” means your order for one or more Products using the Site or an alternative order process acceptable to us such as a telephone or email Order. Orders are not binding on us until accepted by us. “Price” means the price of the Products indicated by us on the Site at the time of your Order, or if no price was indicated, then our usual price for the Products from time to time. Prices are denominated in Australian dollars and include Australian GST where indicated. Prices are not binding until an Order is accepted by us. We reserve the right to change Prices indicated on the Site from time to time, and to correct Prices indicated on the Site in error.
“Products” means the products you Order from us.
“Site” means the web site at www.babyluscious.com.au.
2. Orders
You can place an Order using the Site or using an alternative order process acceptable to us such as a telephone or email Order. If you are under 18, you must obtain your parent’s or guardian’s permission to place an Order, and we are entitled to assume you have done so. An Order must specify a physical delivery address in Australia. This may include a PO Box for smaller items, however we are not able to deliver large items to a PO Box address. If the delivery address is not your own, you must obtain the consent of the addressee, and we are entitled to assume you have done so. You must check the correctness of the delivery address in your Order: we are not liable to you if you place an Order using an incorrect delivery address. You cannot cancel an Order after it is placed by you, except as permitted under this agreement. Orders are not binding on us until accepted by us. We may accept or decline Orders at our discretion. An Order reference number or payment receipt provided by us does not imply acceptance of an Order. We will notify you when an Order is accepted by us and we have commenced processing it for delivery.
3. Payment
In return for supply of the Products, you must pay the Price and the Delivery Charge to us in accordance with this clause. Prices and Delivery Charges indicated by us (on the Site or otherwise) are not binding on us until an Order is accepted by us. We reserve the right to correct Prices and Delivery Charges indicated in error. If a Price or Delivery Charge is changed or corrected in the course of an Order, we will advise you and you may continue your Order with the correct Price or Delivery Charge, or cancel your Order.
We normally require payment in full on placement of an Order by you. Until full payment for an Order is cleared, the Order will not progress to dispatch and delivery. Delay in payment may therefore delay delivery. We will contact you if a payment provided by you does not clear, to arrange an alternative payment method. We may cancel an Order if payment is not made and cleared at the time you place an Order.
You must make payments by a credit card accepted by us, PayPal, or an alternative payment method accepted by us. Unless otherwise agreed with us, the name of the credit card or Pay Pal account must be your own name. If another person uses their credit card or PayPal account to pay for an Order, you must obtain that person’s consent to place the Order, and we are entitled to assume you have done so.
Prices are expressed inclusive of Australian GST where indicated. You are responsible for all other taxes, duties and charges imposed on Products Ordered by you, and on their delivery to you.
4. Supply
Subject to this agreement (including its payment terms) we will supply and deliver Products Ordered by you to your nominated delivery address.
You acknowledge that nominated Product sizes are approximate only, and that variations in manufacturing and finish can occur. You acknowledge that because of technical limitations and equipment variations, colours represented on the Site may differ slightly from the colour of Products supplied. Product specifications may also be changed without notice – in such circumstances we will endeavour to provide a closely comparable product, or otherwise provide a refund.
5. Delivery
We will use our best endeavours to ensure that the Products are delivered in accordance with any delivery timeframe notified to you. Our goal is to deliver within 10 Business Days after acceptance of your Order. However, delivery is undertaken by carriers outside our control and we have no liability to you for delays in delivery. We will deliver the Products to the delivery address specified in your Order. You must ensure an adult is present at that address to accept delivery (who may be required to sign for the delivery). We may leave the Products at the specified delivery address with anyone who accepts the delivery, or we may leave the Products outside at that address. You are responsible for the Products after they have been delivered or left at the delivery address, and for any additional costs or charges due to missed deliveries.
The risk of loss or damage to Products passes to you when the Products are delivered in accordance with this agreement.
6. Product warranty and returns
On delivery, we warrant that the Products are free from defects in materials and workmanship. In the case that we accept a warranty claim, we will, at our cost and at our discretion, replace the defective Product or component, or credit the cost of the Product or component.
You must inspect the Products promptly on delivery to confirm they are correct in type and quantity, and are not defective or damaged. You must contact us within 5 Business Days after delivery if you claim that Products are incorrect, missing, defective or damaged.
If, following contact with us, you need to return defective or incorrect Products to us, you must return the Products in brand-new condition, unused and with original tags and packaging. You must include a written description of the reason for the return. You must bear the cost of returning Products to us, and we will bear the cost of returning Products replaced under warranty to you.
We have no liability for loss or damage caused by the following:
(a) wear and tear through normal use;
(b) use other than in a household or domestic environment;
(c) use, cleaning, care or maintenance other than in accordance with instructions; or
(d) deliberate or accidental damage, abnormal use, misuse or neglect.
You cannot return non-defective Products, or cancel an Order, if you have simply changed your mind.
7. Australian Consumer Law
Our 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 for 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.
8. Liability and disputes
To the extent we can do so lawfully, we exclude all guarantees, representations and warranties except those stated in this agreement. In particular, we do not guarantee that Products are suitable for your specific requirements, and we do not guarantee that Products are of any particular quality or standard, except where such guarantees are required to be given by law. Other than as expressly indicated, Products are supplied on an “as is” basis.
Neither party is liable to the other, whether in contract, negligence or otherwise, for any consequential or indirect loss arising out of or in connection with this agreement, the Products or their delivery, including for lost revenue, sales or profits, lost access or productivity, interference with privacy, business interruption, or any special or incidental loss. This exclusion applies even if a party knew or should have known that the other party might suffer loss. Without limiting this clause, if we are liable to you for any reason, then (to the extent we can do so lawfully) our total aggregate liability to you in respect of the Products is limited to the amounts actually paid by you to us under this agreement in respect of those Products.
Our liability for failure to comply with any guarantee required under the ACL is limited (where it would be lawful to do so) to replacement or repair of the Product concerned, or payment of the cost of such replacement or repair. Each of us must use our best endeavours to resolve any disputes about this agreement or the supply of Products by communication and negotiation and without resort to legal proceedings.
9. IP Rights
As between you and us, we own and will continue to own any IP Rights in the Products. No IP Rights in the Products are transferred or licensed under this agreement.
10. General
This agreement contains the entire understanding between the parties as to its subject matter. Any prior negotiations, representations or documents concerning the subject matter of this agreement are superseded by this agreement and are of no effect. This agreement is governed by NSW law.
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