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These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Babioz and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from Babioz.com. By placing an order for Goods from Babioz you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in section 3.4;
“Delivery Charge” has the meaning given in section 3.3;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Website” means Babioz.com.
- Your Legal Rights
Your purchase of Goods will be subject to certain laws including, without limitation, the consumer law. The Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Babioz represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law which cannot by law be excluded, restricted or modified.
- Pricing & Taxes
3.1 Prices for Goods are as shown on the Website.
3.2 Babioz reserves the right to change the prices of Goods at any time without notice to you. Subject to clause 7.2, the price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Babioz.
3.3 In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart. Babioz only delivers to certain addresses. Further information about delivery and shipping times is available here.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our couriers do not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, and remote parts of Queensland and the Northern Territory (refer to the delivery and shipping information). Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Babioz will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Babioz will cancel your Order. Babioz will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
3.5 By placing an Order you agree to pay:
(a) the price for the Goods;
(b) any Delivery Charge and any Additional Delivery Charge; and
(c) any credit card surcharge applied (refer to section 6.5).
3.7 All prices and delivery charges and additional delivery charges quoted are in US dollars and are inclusive of GST.
- Your Account
4.1 If you do not already have an Account you will need to create one before placing an Order. An Account may be a “guest” account.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Babioz that all information provided by you in relation to your Account is complete, true and accurate.
4.4 You must notify Babioz immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Consumer Law), Babioz will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Babioz, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If Babioz suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Babioz then you must pay Babioz the amount of that loss, damage, cost or expense if Babioz asks you to.
5.1 You can place an Order by following the instructions on the Website.
5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. Babioz may accept or reject your offer in its absolute discretion. In particular, but without limitation, Babioz may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact us.
5.3 Each Order that you place will, if accepted by Babioz, be a separate and binding agreement between you and Babioz with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Babioz with their personal information and, by placing an Order, you confirm to Babioz that you have done this.
5.5 If the Website states that there is a limit on the number of Goods that you can place an Order for, your Order cannot exceed that limit.
5.6 Please ensure that you enter all information carefully when placing an Order. You warrant to Babioz that all information provided by you in relation to each Order is complete, true and accurate.
5.7 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Babioz. Babioz will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.8 Except to the extent otherwise required by law (including, without limitation, the consumer law), Babioz will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Babioz, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.9 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. Babioz cannot consolidate separate Orders into one delivery.
5.10 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately.
5.11 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
5.12 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.13 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.14 Except to the extent otherwise required by law (including, without limitation, the Consumer Law), Babioz will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.12 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- After You Have Submitted An Order / Payment
6.1 When you submit an Order you will receive an Order reference number via e-mail.
6.2 Babioz will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in section 3.4). Your Order is deemed to be accepted by Babioz when Babioz does this, however Babioz may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Babioz cancels your Order having already processed payment, it will refund payment in accordance with section 13.
6.3 When Babioz accepts an Order it represents an agreement by Babioz to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.4 You must pay for Goods by credit card (Visa, Mastercard or American Express), certain prepaid payment cards, PayPal account or by Babioz Gift Card or eVoucher. If the name on the credit card/payment card/account does not match the name on the Order, Babioz may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise Babioz to deduct the price and the applicable delivery and other charge(s) from such card.
6.5 Babioz applies a surcharge of 1.9% (plus GST) to purchases made by American Express. This reflects the merchant fee premium of this card relative to other major credit cards.
6.6 Babioz reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.7 Babioz may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Babioz reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.8 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you.
- Cancellation Of Orders
7.1 Babioz reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Babioz may do this for example, but without limitation, where: (a) Babioz’s suppliers are unable to supply Goods that they have previously promised to supply:
(a) an event beyond Babioz’s control, including storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Babioz is unable to supply the Goods within a reasonable time;
(b) goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(c) you ask Babioz to cancel your Order in accordance with section 5.7; or
(d) in the circumstances set out in sections 3.4, 6.7 or 6.8.
7.2 You may cancel your Order where Babioz:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
7.3 Where Babioz cancels your Order after acceptance it will notify you of cancellation.
7.4 In the event of Babioz or you cancelling your Order after payment has been processed, Babioz will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.
7.5 Except to the extent otherwise required by law (including, without limitation, the Consumer Law) or as expressly set out in these terms and conditions, Babioz will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- Availability Of Goods
8.1 As Babioz is dependent upon its suppliers to provide stock, Babioz cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Babioz reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Consumer Law), Babioz will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will only be delivered to address. However, there are certain remote areas that we do not deliver to (refer to the delivery and shipping information). As contemplated by section 3.4, we may agree to deliver Goods to these remote areas by agreement with you.
9.3 In order to ensure the security of your Goods, Babioz will not accept directions from you to leave the Goods unattended if your delivery address is unattended.
9.4 Babioz will not deliver to a PO Box, locked bag or parcel locker.
9.5 Following dispatch of your Goods, Babioz will email you with confirmation of dispatch and an invoice for your Order.
9.6 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
9.7 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Babioz may charge you a reasonable fee for doing this.
9.8 Babioz seeks to ensure dispatch of your Goods occurs within 24 to 48 hours of your Order being processed. However, in some cases it may take longer. Refer to the delivery and shipping information for expected delivery times.
- Click & Collect – Pick-up Of Goods In Store
10.1 Most of our Goods can be picked up from a Babioz store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.
10.2 Only the relevant Babioz Account holder, or their authorised nominee, may pick-up in-store Goods ordered on that Account.
10.3 If you choose to pick up your Order in store, once the Goods are available for collection, you will receive a “Ready for Collection” notification by email or sms.
10.4 When picking up Goods from the nominated store.
(a) you, or your authorised nominee, must bring the “Ready for Collection” email or sms;
(b) you, or your authorised nominee, must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that you are the purchaser. Babioz may take a copy of this identification for fraud prevention purposes. The copy will not be used by Babioz for any other purpose;
(c) store staff may also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods; and
(d) store staff have the right to refuse collection of Goods if you, or your authorised nominee, cannot or will not satisfy the requirements set out above. In this event Babioz will contact the person who placed the Order using the contact details provided.
- Delay In Availability Or Delivery Of Goods
11.1 You agree and acknowledge that:
(a) Babioz does not guarantee the delivery or availability of Goods within the timeframes set out in section 9.8 or 10.3 above or otherwise specified by Babioz or any of its staff;
(b) events outside Babioz’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
(c) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Consumer Law), neither Babioz nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12.1 The terms and conditions for Babioz Gift Cards & eVouchers can be found here.
- Refunds of Your Money
13.1 Where Babioz is obliged to refund your payment pursuant to these Terms and Conditions, Babioz aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
13.2 Refunds will only be in US dollars.
13.3 Except to the extent otherwise required by law (including, without limitation, the Consumer Law), Babioz will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
(a) any delay in you receiving any refund due to you; or
(b) differences in exchange rates between the time of purchase and the time of refund (particularly relevant where you have purchased Goods using a credit or debit card issued by a foreign bank or financial institution),
whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- Returns/Faulty Or Damaged Goods
14.1 You should check your Goods as soon as they are delivered to you in order to ensure that:
(i) they are what you ordered; and
(ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.
14.2 If you have a problem with any Goods or otherwise wish to return them please refer to Babioz’s Refunds and Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any Babioz store, you can also contact us.
14.3 When returning Goods:
(a) please provide Babioz with your proof of purchase;
(b) to the extent permitted under the Consumer Law, it is a requirement for the fulfillment of refunds, exchanges and warranties that Customers use their best endeavors to return all out-of-the-box accessories supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
14.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
- More Information About Babioz’s Liability To You
15.1 To the full extent permitted at law, Babioz is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
- Website Terms
18.1 Babioz reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
18.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceable, without affecting the remaining provisions of this agreement or affecting the validity or enforce ability of that provision in any other jurisdiction.