Terms & Conditions
In these Terms and Conditions "we" and "us" mean Baby Presents - ABN: 65 106 725 155 of PO Box 6475, Point Cook, VIC 3030 and "you" and "your" means you the customer.
These Terms and Conditions together with your order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event.
Legal Capacity to Transact
If you are under the age eighteen (18) years you can not place orders with Baby Presents.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years. Should Baby Presents suffer any damage or other losses as a result of a transaction entered into by a minor, Baby Presents reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Baby Presents.
Placing Your Order
You may place your order by filling in the order form on this website. When you place your order, we will issue you with an order confirmation. We will do this by email. By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered or notify you if any of the items within your order are on back order and cannot be fulfilled. If we cannot process or accept your order after payment is received we will contact you by email or telephone. Baby Presents reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Payment Methods and Processing
Baby Presents accepts payments via PayPal which accepts VISA and MasterCard. Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Victorian public holidays. We process payments after you click the "Submit My Order" button. We will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.
GST
All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the supplied invoice.
Prices
Baby Presents always seeks to list products with the most competitive prices. Baby Presents reserves the right to change prices for products displayed on the Baby Presents website at any time.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation. When your order has been dispatched, we will email you to confirm shipment including a tracking number for the order if applicable.
General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Baby Presents. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Baby Presents for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Baby Presents, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Baby Presents reserves the right to change the Terms and Conditions of sale at any time. No Baby Presents employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Returns and Exchange Policy
If you find that the goods were damaged in transit or were faulty in some manner, please contact us within 24 hours of receiving the goods on email info@babypresents.com.au We will organise for return of the goods and arrange a credit towards your next purchase or send a replacement product/s. You may be asked to supply a photograph of the goods and packaging as proof.
If you are not entirely happy with your purchase or have changed your mind, Baby Presents will offer an exchange or refund to the value of the item/s purchased with the following conditions:
Notification must be made with Baby Presents within 7 days of receipt of item/s. The purchaser will be responsible for all costs associated with returning the item/s to Baby Presents and shipment of replacement item/s. Item/s must be returned in unused original condition and with all original packaging. Once the Item/s have been returned and original condition is verified the exchange or refund will be finalised. If an exchange is requested the price difference between that paid for the original purchased item/s and re selected item/s will be the responsibility of the purchaser. If a refund is requested the purchase price paid of the item/s will be refunded once the above conditions have been met. No returns or exchanges on custom made, sale or discounted items.
Cancellations
lf you have recently placed an order and wish to cancel please contact us immediately on info@babypresents.com.au. If the order has not yet been dispatched we will cancel and refund your order in full. If the order has been dispatched, it will be the purchasers responsibility to return the item/s to Baby Presents and the Returns and Exchange policy will apply. It is recommended a traceable shipping mode is used to return any item/s as Baby Presents will not be responsible for any lost or damaged parcels. Baby Presents reserves the right to charge a restocking/administration fee associated with the cancellation of any order.
Delivery Charges
Baby Presents reserves the right to change prices for delivery at any time. Baby Presents does not ship outside of Australia. Shipping charges are only refundable if Baby Presents have made an error with the order by sending incorrect item/s or the product is damaged or defective and unusable.
Delivery Times
All orders on this website are processed within 24 hours. If there are any unforeseeable delays, you will be contacted by our customer service team via email or telephone. Orders will be shipped to you by Australia Post, or where more appropriate, a Courier Service of our choosing. All orders will be capable of being tracked.
We recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. If no-one is present to accept delivery, the satchel may be left at the door. Baby Presents accepts no responsibility for any unattended items going missing. If no-one is present to accept delivery a note will be left in the mail box so that you can contact the relevant Australia Post Office or Courier Service to arrange collection or redelivery of your package as per their service offerings.
PLEASE NOTE:
If you require a fully insured postal service that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. An additional charge will be payable for this service. Once purchases have been dispatched, we cannot be held responsible for items lost or damaged in transit. Our courier cannot guarantee a specific delivery date or time. Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your product has not arrived after the estimated delivery time, please contact us on info@babypresents.com.au.
Products Damaged in Transit
All orders are delivered by Australia Post or by our nominated Courier Service which is an independent courier company. Please do not ASSUME that your package will be delivered by one service or another. Unless you tell us otherwise, we will choose the most appropriate delivery option as outlined above. Please consider the information below so you are aware of your obligations in relation to delivery options. Australia Post Express satchels are NOT insurable. It is however, a much quicker service in general. Damage, loss or theft incurred as a result of using this delivery option is at the purchasers risk. If you REQUIRE a fully insured postal service such as Australia Post Registered that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. Australia Post Registered automatically includes $100 insurance. Additional fees are payable for full insurance and person-to-person delivery options. Our courier company fully insures all their deliveries. As stated above, if you require a fully insured service, it must be requested at the time of ordering. Our courier will endeavor to supply you with the product you have ordered from us in the condition that the goods were dispatched. However on occasion goods may be damaged in transit to you. If this occurs, please either email us at info@babypresents.com.au or call the courier's customer service team who may ask you to supply a photograph as proof. We will then arrange to supply you with a replacement product if deemed appropriate.
Faulty Products
Baby Presents is proud to offer our customers quality products. We endeavor to supply you with the product you have ordered in brand new working condition. On occasion goods that are sealed within cartons may be faulty as a result of a manufacturing defect from our suppliers. If this occurs please either email us at info@babypresents.com.au or contact our Customer Service Team who may ask you to supply a photograph as proof. We will then supply you with a replacement product as deemed appropriate.
Limitation of Liability
Information on this website is provided 'as is' and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose. While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website. We reserve the right to amend or supplement the information supplied on this website without prior notice. Links available on the website link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly. We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website. The Limitation of Liability shall be $1.00.
Copyright
This website and its contents are subject to copyright. Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents.
Force Majeure
Baby Presents shall not be 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 Baby Presents, and Baby Presents shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.
Your Data
When you create an account on our website your data is stored on Baby Presents secure server. You may receive newsletters and other promotional material from Baby Presents, which you can opt out of by contacting us at info@babypresents.com.au. Your data will not be shared with any third party.
These Terms and Conditions together with your order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email prior to the event.
Legal Capacity to Transact
If you are under the age eighteen (18) years you can not place orders with Baby Presents.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years. Should Baby Presents suffer any damage or other losses as a result of a transaction entered into by a minor, Baby Presents reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Baby Presents.
Placing Your Order
You may place your order by filling in the order form on this website. When you place your order, we will issue you with an order confirmation. We will do this by email. By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered or notify you if any of the items within your order are on back order and cannot be fulfilled. If we cannot process or accept your order after payment is received we will contact you by email or telephone. Baby Presents reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Payment Methods and Processing
Baby Presents accepts payments via PayPal which accepts VISA and MasterCard. Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Victorian public holidays. We process payments after you click the "Submit My Order" button. We will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.
GST
All prices quoted on this website are inclusive of GST except for items that are exempt from GST. Items that include GST, and the total GST paid will be clearly marked on the supplied invoice.
Prices
Baby Presents always seeks to list products with the most competitive prices. Baby Presents reserves the right to change prices for products displayed on the Baby Presents website at any time.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation. When your order has been dispatched, we will email you to confirm shipment including a tracking number for the order if applicable.
General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Baby Presents. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Baby Presents for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Baby Presents, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Baby Presents reserves the right to change the Terms and Conditions of sale at any time. No Baby Presents employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Returns and Exchange Policy
If you find that the goods were damaged in transit or were faulty in some manner, please contact us within 24 hours of receiving the goods on email info@babypresents.com.au We will organise for return of the goods and arrange a credit towards your next purchase or send a replacement product/s. You may be asked to supply a photograph of the goods and packaging as proof.
If you are not entirely happy with your purchase or have changed your mind, Baby Presents will offer an exchange or refund to the value of the item/s purchased with the following conditions:
Notification must be made with Baby Presents within 7 days of receipt of item/s. The purchaser will be responsible for all costs associated with returning the item/s to Baby Presents and shipment of replacement item/s. Item/s must be returned in unused original condition and with all original packaging. Once the Item/s have been returned and original condition is verified the exchange or refund will be finalised. If an exchange is requested the price difference between that paid for the original purchased item/s and re selected item/s will be the responsibility of the purchaser. If a refund is requested the purchase price paid of the item/s will be refunded once the above conditions have been met. No returns or exchanges on custom made, sale or discounted items.
Cancellations
lf you have recently placed an order and wish to cancel please contact us immediately on info@babypresents.com.au. If the order has not yet been dispatched we will cancel and refund your order in full. If the order has been dispatched, it will be the purchasers responsibility to return the item/s to Baby Presents and the Returns and Exchange policy will apply. It is recommended a traceable shipping mode is used to return any item/s as Baby Presents will not be responsible for any lost or damaged parcels. Baby Presents reserves the right to charge a restocking/administration fee associated with the cancellation of any order.
Delivery Charges
Baby Presents reserves the right to change prices for delivery at any time. Baby Presents does not ship outside of Australia. Shipping charges are only refundable if Baby Presents have made an error with the order by sending incorrect item/s or the product is damaged or defective and unusable.
Delivery Times
All orders on this website are processed within 24 hours. If there are any unforeseeable delays, you will be contacted by our customer service team via email or telephone. Orders will be shipped to you by Australia Post, or where more appropriate, a Courier Service of our choosing. All orders will be capable of being tracked.
We recommend that your nominated delivery address is one where someone is present to accept your delivery between the hours of 9.00am and 5.00 pm. If no-one is present to accept delivery, the satchel may be left at the door. Baby Presents accepts no responsibility for any unattended items going missing. If no-one is present to accept delivery a note will be left in the mail box so that you can contact the relevant Australia Post Office or Courier Service to arrange collection or redelivery of your package as per their service offerings.
PLEASE NOTE:
If you require a fully insured postal service that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. An additional charge will be payable for this service. Once purchases have been dispatched, we cannot be held responsible for items lost or damaged in transit. Our courier cannot guarantee a specific delivery date or time. Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your product has not arrived after the estimated delivery time, please contact us on info@babypresents.com.au.
Products Damaged in Transit
All orders are delivered by Australia Post or by our nominated Courier Service which is an independent courier company. Please do not ASSUME that your package will be delivered by one service or another. Unless you tell us otherwise, we will choose the most appropriate delivery option as outlined above. Please consider the information below so you are aware of your obligations in relation to delivery options. Australia Post Express satchels are NOT insurable. It is however, a much quicker service in general. Damage, loss or theft incurred as a result of using this delivery option is at the purchasers risk. If you REQUIRE a fully insured postal service such as Australia Post Registered that must be signed for, rather than being left at your door, it is your responsibility to request this at the time of ordering. Australia Post Registered automatically includes $100 insurance. Additional fees are payable for full insurance and person-to-person delivery options. Our courier company fully insures all their deliveries. As stated above, if you require a fully insured service, it must be requested at the time of ordering. Our courier will endeavor to supply you with the product you have ordered from us in the condition that the goods were dispatched. However on occasion goods may be damaged in transit to you. If this occurs, please either email us at info@babypresents.com.au or call the courier's customer service team who may ask you to supply a photograph as proof. We will then arrange to supply you with a replacement product if deemed appropriate.
Faulty Products
Baby Presents is proud to offer our customers quality products. We endeavor to supply you with the product you have ordered in brand new working condition. On occasion goods that are sealed within cartons may be faulty as a result of a manufacturing defect from our suppliers. If this occurs please either email us at info@babypresents.com.au or contact our Customer Service Team who may ask you to supply a photograph as proof. We will then supply you with a replacement product as deemed appropriate.
Limitation of Liability
Information on this website is provided 'as is' and we disclaim all representations, warranties and conditions, express or implied of any kind, including to the extent permitted by law, as to satisfactory quality or fitness for purpose. While we make every effort to ensure that the information contained within the website is complete, accurate and current, we expressly do not guarantee that the information is complete, accurate or current and assume no responsibility for any errors or omissions of any kind in the content of the website. We reserve the right to amend or supplement the information supplied on this website without prior notice. Links available on the website link to websites not maintained or controlled by us. We provide these links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly. We shall not be liable to any party for any direct, indirect, special, or consequential damages or any damages whatsoever resulting from loss of use, data, profits or expense whether in an action of contract, negligence, or other action arising out of any use of our services or in connection with the use or performance of this website, or the content of this website or referred to on this website or any other website you may access through this website. The Limitation of Liability shall be $1.00.
Copyright
This website and its contents are subject to copyright. Other than for the purposes of fair dealing, criticism, review, study or research, you may not copy, print or store by electronic or any other means a part or the whole of this website or its contents.
Force Majeure
Baby Presents shall not be 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 Baby Presents, and Baby Presents shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.
Your Data
When you create an account on our website your data is stored on Baby Presents secure server. You may receive newsletters and other promotional material from Baby Presents, which you can opt out of by contacting us at info@babypresents.com.au. Your data will not be shared with any third party.