TERMS AND CONDITIONS

These Terms and Conditions constitute an agreement between You and CASSIEL PTY LTD  trading as BabyBobek

In the context of this website, “we”, “our” and “us” means BabyBobek.com.au and “you” and “your” means you, the user or customer of this website.

The use of the term “product” includes the plural “products”.

Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this web site you agree to the terms of the Contract of Sale.

If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website.

We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an "as is" basis and is entirely at your risk.

 

1.CHANGES TO TERMS

BabyBobek may add to, delete or otherwise change any of the Terms of this agreement without giving You notice. You should read the Terms and Conditions fully before you make a purchase on the website.

 

2.CHANGES TO PRODUCTS AND PRICES

We and any other persons involved in the management of this website may make changes in the products and prices described, and to other content of this website, at any time without notice.

The price of an item once ordered is fixed once the order is accepted by BabyBobek. Subsequent price changes (either up or down) will not apply to accepted orders. All pricing displayed on the Website is for online purchases only.  

We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.

 

3.ORDERS AND DELIVERY

BabyBobek will arrange delivery if You are located in the delivery areas serviced by its third party nominated carrier. The charges for delivery will be added to the price of the Goods.

BabyBobek will not accept any responsibility to You for any loss or damage You may suffer by reason of any delay in delivery whether same is due to negligence of BabyBobek or any other party or due to strike or any other industrial action be it of BabyBobek or from any other cause or party whatsoever beyond the reasonable control of BabyBobek.

Your liability to pay for Goods together with GST arises at the time of Order.

Anyone at the delivery address who receives the Goods will be presumed by BabyBobek to be authorised to receive the Goods.

Delivery of the Goods will be deemed to have been made when BabyBobek fills Your Order, issues an invoice and/or collates and prepares the Goods and notifies You they have been dispatched.

A minimum of 48 hours is required from receipt of payment until Goods are ready for shipment.

If there is no-one at the delivery address when the Order is delivered BabyBobek may charge You and You must pay an additional delivery fee if a further delivery attempt is made. If delivery is not possible BabyBobek will arrange return of the Goods to it and will be entitled to payment of the cost of attempted delivery or other shipping costs and any relevant taxes and duties which may, at the discretion of BabyBobek, be deducted from any part of the purchase price which may be refunded to You following such attempted delivery.

 

4.PAYMENT

Payment for all purchases must be on a fully pre-paid basis made at the time of You placing each Order.

If payment is made by credit card, by doing so You warrant to BabyBobek that You are an authorised user of the credit card used to complete payment for each Order. Any dispute regarding payment must be advised to BabyBobek within five (5) business days of purchase.

All payments are made by a secure server, which will encrypt each transaction as a security precaution, and all payments must be made in Australian Dollars only.

 

5.AGREEMENT

The entire agreement between You and BabyBobek for the purchase of Goods by You from BabyBobek comprises:

1. Your Account Information Form whether in written form or completed electronically by means of the website;
2. these Terms and Conditions;
3. Your Order;
4. BabyBobek Privacy and Security Statement.

An agreement exists between You and BabyBobek once:

1. BabyBobek receives an Order and does not reject it before confirming dispatch of the Order.
2. BabyBobek and accepts an Order by notifying You in electronic form confirming receipt of the Order and/or You receive electronic notification confirming dispatch of the Order; and
   Until confirmation of dispatch of an Order BabyBobek may reject Your Order and refund any payment made by You.

All Orders by You for Goods must be made by way of order form transmitted electronically will be deemed to be an offer by You to purchase the Goods pursuant to these Terms and Conditions.

The price payable for the Goods will be the price as detailed on this website. The Goods will be deemed ordered and supplied in accordance with the description detailed on this website.

 

6.RETURNS OR REFUNDS

We are completely confident in our product and offer free 14 day returns to Australian customers. In the unlikely event that you decide that our baby carrier is not suitable,you can request a full refund of the purchase price (excluding shipping costs) provided that you notify BabyBobek of your intention to return the Product and seek a refund within 14 days from the date of Delivery of the Product to the Customer. Refund notifications must be made by email to info@babybobek.com.au.

The following additional conditions apply to returns of Products made by a Customer in accordance with this clause:
(i) this return and refund offer only applies to purchases made through the BabyBobek website , it does not apply to purchases of BabyBobek Products from BabyBobek retail outlets, including BabyBobek pop-up stores, or other third parties, such as retailers, distributors or on sellers;
(ii) this return and refund offer does not apply to purchases made at a BabyBobek demonstration day, and any shows/events where BabyBobek has a stand including but not limited to, the One Fine Baby Fair;
(iii) ) the Product must be returned to BabyBobek repacked as originally delivered in its full packaging . Failure to repack the Product as originally delivered may forfeit the Customer’s refund;
 (iv) where, upon examination and testing of the returned Product by BabyBobek, it is found that the Product has been damaged, marked, misused, or is not in an ‘as new’ condition then, unless such condition or state of the Product was caused by BabyBobek or its courier or Delivery agent, BabyBobek shall be under no obligation to provide a refund to the Customer. A partial or full refund to the Customer on return of a Product in such circumstances will be at the sole and unfettered discretion of BabyBobek;  
(v) ) if BabyBobek deems the Product to have been damaged, marked,  misused, or is not in an ‘as new’ condition, and the Customer requests for the return of the original Product, then the Customer will be deemed liable for all transport costs incurred, including the initial return freight of the Product to BabyBobek and resending the Product to the Customer;

(vi) The Customer is responsible for returning the product to BabyBobek, as well as all costs incurred in the returns process;
(vii ) BabyBobek reserves the right to revoke this return and refund offer at any time. In the event that BabyBobek does revoke this offer, then this offer will only be available to Customers who have purchased a Product prior to the date of the offer being revoked and who have satisfied all other conditions necessary to be entitled to rely on the offer, as are set out in this clause. A Customer who purchases a Product after this offer has been revoked, shall not be entitled to rely on the offer made by any previous and superseded Terms and Conditions which may have contained this offer;
(viii) refunds are payed via direct deposit only, and once approved by BabyBobek, can take up to 5-10 business days; and
(ix) for the purposes of determining the 14 day period for the return of a Product, the date of Delivery shall be taken to be the date that the courier or Delivery agent engaged by BabyBobek delivers the Product to the shipping / Delivery address requested by the Customer.
(x) The full refund amount excludes all shipping costs incurred to the customer; and is equal to the amount paid for the goods only
(xi) BabyBobek Refund Policy shall be subject to the requirements of the Australian Consumer Law, and where applicable shall be modified to the extent necessary to comply with the Australian Consumer Law and shall be supplemented where necessary to provide any additional rights and obligations upon BabyBobek and the Customer where necessary to comply with the Australian Consumer Law.

(xii) Approval of return of Goods outside this period may be granted at the discretion of BabyBobek

 

7.WARRANTY

12 months Warranty

BabyBobek 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 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.

BabyBobek remains the right to update or change the returns and refunds policy without notifying you.

BabyBobek reserves the right to stop manufacturing a particular model, colour, fabric of a baby carrier; in this instance BabyBobek will replace with a similar part, colour or fabric during the manufacturer’s warranty period.

 

Subject to clause 7.1 and 7.2, if a Customer discovers a fault in a Product’s material or workmanship, and BabyBobek  inspect the Product and confirms that it is a fault, then BabyBobek  will replace the Product(s) or faulty part of the Product(s), or repair the fault if notified within the 12 Month Warranty period.

7.1 If there is a major failure with a Product(s), the Customer is entitled to:
(i) reject the Product(s) and get a refund;
(ii) reject the Product(s) and get an replacement, or one similar in value if reasonably available; or
(iii) obtain compensation for the drop in value of the Product(s) as determined by BabyBobek in its sole and absolute discretion.

If there is a minor failure with the Product(s), the Customer is entitled:
(i) have the Product(s) repaired or replaced; or
(ii) a refund of the cost of the Product(s).

In the event of the Customer electing a refund for a major failure, the Product(s) must be returned to BabyBobek, in their original packaging and condition at the time when the major failure was identified, and inspected by BabyBobek to confirm the reported major failure of the Product(s). Following confirmation by BabyBobek of the reported major failure, the refund will be arranged. No refund will be provided to the Customer until the Product(s) are returned to BabyBobek and the major failure confirmed.

7.2 To issue a Warranty claim, the Customer will be required to:
(i) return the Product(s) to BabyBobek in its original packaging;
(ii) present their receipt as proof of purchase; and
(iii) identify the defect in the Product(s).

Warranty notifications must be made by email to info@babybobek.com.au

To the extent permitted by law, the following are not covered by Warranty:
(i) failure or defects resulting from improper care or use;
(ii) normal wear and tear including fading of fabric;
(iii) Product(s) purchased second hand or from an unauthorised distributor;
(iv) any modification or alteration not conducted or authorised by BabyBobek;
(v) accidental or intentional damage, abuse or neglect;
(vi) consumer dissatisfaction with the Product(s)in terms of disliking the fit, weight, functionality, colour or style;
 (vii) when the Product(s)has not been used for normal use and in accordance with the manufacturer's instructions

 

Warranties do not apply where the Product(s) are acquired for rental, hire or other commercial purpose.

 

8.INTERNET COMMUNICATIONS

When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website we and you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. We and you agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.

The nature of Internet communications means that communications may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for any such occurrence.

This website may:

• store one or more cookies in your browser in order to improve service for you on your subsequent visits to this website;
• request your browser to transmit this data back to the web server; or
• request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain.

Note: Cookies are small pieces of data stored on the web browser on your computer. By using cookies, web sites can track information about visitors' use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.

If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites, then you may not be able to gain access to all the content and facilities of this website.)

 

9.INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all material contained on this web site is protected by copyright. You may use this web site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on this web site or create any other material using material on this web site, without obtaining our prior written consent.

All registered trademarks, logos, text; photos on this website are owned by BabyBobek and must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.

The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this web site and material on it must not in any way infringe the intellectual property rights of any person.

 

10.FORCE MAJEURE

To the extent permitted by law, BabyBobek is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of BabyBobek, and BabyBobek shall be entitled to a reasonable extension of time for the performance of such obligations.

 

11.TERMINATION 

BabyBobek may terminate or suspend Your use of the website at any time by delivering notice to You. If this occurs termination of the agreement constituted by Your use of the website in accordance with these Terms and Conditions will be effective from the day notice is received or such later date as is specified in the notice and BabyBobek will not be liable to You for any loss, damage or expenses arising directly or indirectly from termination.

 

12.DEFINITIONS

In these Terms:

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.

“Customer” means the individual, organisation or entity that purchases the Product from BabyBobek.

“Delivery” or “delivered” means the time when the Products are transported from the premises of BabyBobek or its Agent and delivered to the Customer by whatever means or when BabyBobek advises the Customer the Product is available for collection and the Products are collected by the Customer.

“Product(s)” includes but is not limited to hipseats, hipseat baby carriers, parts and accessories provided by BabyBobek.

 

13.LIABILITY

BabyBobek provides this Website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this Website. BabyBobek will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this Website.

13.1 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 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.

13.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or BabyBobek liabilities under those provisions:
(i) you acknowledge that the Website is provided "as is" and that we do not make any Warranty or representation as to the suitability of the Website or a Product for any purpose;
(ii) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
(iii) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.

13.3 The Customer is solely responsible for making an assessment that any Product is reasonably fit for the Customer’s intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.

13.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage.  This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

13.5 To the extent permitted by law, BabyBobek shall not be liable for any indirect or consequential damage, losses or expenses suffered or incurred by the Customer, howsoever caused.

 

14.LOCATION

This online merchant is located in Perth, WA Australia.