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1. By visiting and/or using the babychangestations.com.au website, associated services and functionality ("the website") you agree to be bound by this user agreement ("agreement").
2. This agreement is formed between you and Baby Change Stations (ABN 96 092 034 869) of Cnr Pearce St and Nordsvan Dv, Wodonga Vic 3690 Australia ("us", "our", "we"). "you", "user" and "visitor" means anyone who visits this website.
3. If you do not agree to any provisions of this agreement, you must not use the website.
4. We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
Price
1. The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
2. Prices are current at time of display but are subject to change.
Payment
1. All payments must be received in full prior to dispatch.
2. If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
Change of mind returns / Store credit
1. Your satisfaction is our number one priority however, please choose carefully as we do not refund or exchange simply because you changed your mind or the product was not what you expected.
2. However, if you wish to return products in their original packaging and in saleable condition we will provide you with a store credit for the purchase price less delivery fee. A restocking fee of $25 will apply.
3. Please contact us via sales@babychangestations.com.au to obtain a Return Authorisation as no returns can be accepted without prior authorisation.
4. We will provide you with a store credit only when we receive the returned product. Return postage is at your expense.
5. Store credits must be used within 12 months of issue. Store credits may only be used to purchase from babychangestations.com.au and are not redeemable for cash.
Supply of product
1. Subject to this agreement, we will supply to you the products shown on your order confirmation.
2. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
3. Please read the Shipping & Returns section of the website for delivery details.
4. We do not allow personal pick up.
Legal Capacity
1. By making an on-line purchase you accept these terms and conditions and acknowledge that you:
- are over eighteen (18) years of age, and/or
- are entering into a legal contract with us.
2. Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
Security
Baby Change Stations will take reasonable steps to keep secure any personal information which we hold and to keep this information accurate and up to date. Personal information is stored in a secure server or secure files.
The Internet is not always a secure method of transmitting information. Accordingly, Baby Change Stations cannot accept responsibility for the security of information you send to, or receive from us over the Internet or for any unauthorised access or use of that information
Supply of services to You / Termination
1. We aim to provide a positive experience for all users. Accordingly, we reserve the right to change (ie alter, remove or add functionality) the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
2. We may stop (temporarily or permanently) providing access to the website to you, or to visitors generally, at our discretion and without prior notice to you.
3. We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
Disclaimer
1. We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the website;
- you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- personal injury or property damage of any nature resulting from your access to, and use of, the website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from our website;
- any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
- the merchantability or fitness for any purpose of any product or service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
2. We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. The only authorised access point is http://www.babychangestations.com.au with no characters before or after "www.babychangestations.com.au".
3. Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
in the case of services:
- the resupply of our services, or
- the payment of the cost of resupply of our services.
Use of services by you
1. You agree to use the website only for purposes that are permitted by:
- this agreement;
- any applicable law or regulation; and/or
- generally accepted practice or guidelines.
2. You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
3. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
4. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
5. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
6. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
Information on this Website
1. Information about products (ie goods and services) on the website is based on material provided by suppliers and product manufacturers.
2. You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
3. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
Orders
1. Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.
2. Orders placed by you are offers to purchase particular product under the terms and conditions in this agreement at the price specified (including delivery and other charges).
3. We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
Risk and Title
1. We retain ownership of goods until payment is received in full.
2. Risk in goods, such as loss or damage, passes to you upon delivery.
Statutory Conditions and Warranty / Refunds
1. The Trade Practices Act 1974 (Cth) implies into all consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer. Under the statutory warranty:
- We will refund, repair or replace if the product you receive - doesn't match the sample or description, doesn't do what it is supposed to do or is not of merchantable quality eg. defective or dead-on-arrival (DOA).
- Where a refund, repair or replacement is approved under the terms of this warranty, we will pay for, or reimburse you for, any shipping costs to return the original product to us.
- Warranty applies to the original product. Replacement product has the same warranty as the original. You must retain your proof of purchase for any manufacturer warranty claims.
- We reserve the right to charge you, at our current hourly rate, for the cost of examining the good if our examination reveals that there has not been a breach of statutory conditions or warranties ie. the good is not DOA, not defective or faulty, or if it does match the sample or description.
- Refunds will be issued by credit card, direct deposit or cheque at our discretion.
2. In order to obtain these remedies:
- You must notify us within a reasonable time after you become aware that you wish to make a claim for a breach of condition or warranty in clause 15; generally within 14 days after you have received the product. Please email us via sales@babychangestations.com.au. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a prior Return Authorisation arrangement.
- In some circumstances, we may refund, replace or repair goods that you find have a defect or fault when you have owned or used it for some time but displays a manufacturing defect or fault within a reasonable time during which it should not have developed that defect or fault. Please contact us via email.
- A "reasonable time" is the amount of time that is reasonable to expect, given the cost and quality of the item.
- Incorrect or defective goods must be returned to us in the condition received with all original packaging.
- Replacement of good or refund and reimbursement of freight costs will not be made until the original good is received by us and your claim verified.
- We aim to process refunds and replacements within 28 days of receipt by us of the original product.
- We do not refund, repair or replace where in our reasonable opinion the product becomes unmerchantable due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
3. Products damaged in transit must be reported to us within 24 hours of receipt so that we may make a claim under transit insurance.
4. Goods that develop a defect after first use may be covered by manufacturer warranty. You may wish to contact the manufacturer regarding returns and repairs.
Links to third party websites
1. The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
Indemnity
1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
Applicable law
1. This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of Victoria, Australia.
2. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
Waiver
1. If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
Privacy and personal information
1. We do not collect personal information if you only browse this website.
2. When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the member registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.
3. Online payments are handled by e-way external third party service providers. We do not see or store your credit card or banking details. Please check the eway.com.au website for details of their privacy policies and security measures.
4. Our server may log details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
5. We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and information about the products sold by us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
6. We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
- you have consented;
- you would expect us to or we have told you we will;
- it is required or authorised by law;
- it will prevent or lessen a serious and imminent threat to somebody's life or health; or
- the disclosure is reasonably necessary for law enforcement.
7. You may request us to remove your personal information from our database by sending an email to:
privacy@babychangestations.com.au
8. Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending an email to us via: privacy@babychangestations.com.au