My Baby HQ Pty Ltd
1 Terms and conditions
1.1 These terms and conditions as amended from time to time (T&Cs) can be found on the My Baby HQ Pty Ltd website available at: babyhq.com.au (Website). This Website is operated by My Baby HQ Pty Ltd ABN 31 614 836 976 (we, our, us or Baby HQ).
1.2 Any order or purchases placed with Baby HQ constitutes your (you, yourself or your) agreement to be bound by these T&Cs. Any additional or different terms you state in any communication with us (including any order) are not binding on us unless we explicitly agree those additional or different terms in writing to you. These T&Cs will apply to all users, regardless of whether you are a browser, vendor, customer, merchant or contributor of content to the Website.
1.3 By visiting our site, you have engaged us to provide you with the Baby HQ services (Service) including access to our website, and providing you with any orders or purchases, and agree to be bound by the T&Cs, including any additional terms and conditions and policies reference herein and/or available by hyperlink.
1.4 We reserve the right to refuse the Services to anyone for any reason, at any time.
2 Online store terms
2.1 The Baby HQ online store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
2.2 By agreeing to these T&Cs, you represent that you have the authority and are at least 18 years of age. If you are not at least 18 years of age, you cannot enter into any contract with Baby HQ and instead you should seek the assistance of your parents or guardians.
2.3 You agree that you may not:
(a) use any of our products, services or the Services (including access and use of the Website) for any illegal or unauthorised purpose;
(b) violate any laws in your jurisdiction;
(c) transmit any worms, viruses, trojans, keyloggers or any other codes of a destructive nature to Baby HQ or any other user via the Website.
2.4 You agree to take your own precautions when accessing the Website to prevent exposure to any worms, viruses, trojans, keyloggers or any other codes of a destructive nature which may damage your computer system.
3 Purchase terms
(a) Your placement of any order with us constitutes an offer by you to purchase products from us in accordance with these T&Cs. We may accept or reject any orders that we receive.
(b) If we accept any orders, a binding contract between you and us will arise and at all times will be subject to these T&Cs (Contract). The Contract may only be amended by written agreement between you and us.
(c) You warrant to Baby HQ that all information provided by you in relation to any order is complete, true and accurate (including your name and delivery address (if applicable)).
(a) All current prices for any products offered by us are available on our Website. The price you pay for the products will be the price shown on our Website at the time that you make an order.
(b) Unless otherwise agreed by us in writing to you, prices for the products will be subject to alteration by us without notice from time to time, and quoted exclusive of goods and services tax (GST) and all other taxes and delivery costs. All products are sold and provided subject to GST unless the products are classified as GST exempt.
(c) Despite out best efforts, it is possible that products on our Website may be incorrectly priced. Where a product has been incorrectly priced below the correct price, you agree that we may (at our absolute discretion):
(i) cancel your order for the product and refund to you your payment;
(ii) notify you of the mistake and request whether you wish to purchase the product at the correct price or cancel your order; or
(iii) charge the lower amount and deliver the product to you in the usual course.
(d) Prices with strike-through are suppliers Recommended Retail Price, and not an indication that the product has previously been sold at that price at Baby HQ.
(a) Certain products may be available exclusively online through the Website only. These products may have limited quantities and are subject to return or exchange only according to any applicable returns policy (as set out in section 6 of these T&Cs or otherwise expressly stated in the Contract).
(b) We cannot guarantee that your online displays of products or the colours of any products will be accurate.
(c) We reserve the right at all times to limit the sales of our products or the Services to any person, geographic region or jurisdiction and may exercise this right at any time in our absolute discretion. All descriptions of our products are subject to change at any time without notice at our absolute discretion and we reserve the right to discontinue any product at any time.
(d) Each Baby HQ product is intended for use only for the purpose described and not for any other purpose. We make no representation as to the fitness of the products for any other purpose other than in any Contract. Any product purchased from us must not be modified in any way whatsoever from the condition that they were supplied to you in by Baby HQ. Baby HQ will not be responsible in any way if the products are modified in any manner from the condition that they were supplied to you in.
(e) Any products specified as being suitable for use by children or infants requires careful and proper adult supervision, and should be carefully selected. Products must only be used by children of an appropriate age (as specified on the product guidelines), but any final decisions must be made by the selecting adult taking into account the nature of the children or infants concerned.
(a) From time to time, we may offer seasonal or promotional pricing options on our products. We reserve the right to change or cancel our promotions at any time.
(b) Unless otherwise stated, online discounts are not applicable to any other forms of ordering (including fax, mail, e-mail, phone orders or in-store) and vice versa.
(c) Unless otherwise stated, promotional codes may not be eligible on some products which have already been discounted.
(d) From time to time, Baby HQ may offer for purchase gift cards or gift vouchers that may be redeemed online, in-store or both. The gift cards or gift vouchers will set out all applicable terms and conditions of those cards or vouchers, including the date on which those items expire (if any).
4 Payment terms
4.1 For customers buying directly from the Website, you may pay for the Baby HQ products via:
(a) (online payment options) PayPal, Google Pay and Apple Pay.
(b) (credit cards) Visa, Mastercard and American Express. All online credit card purchase will be processed through our third party supplier Shopify Payments.
You agree that payments via the above payment options may be subject to additional charges from those third parties. By selecting to pay with any of the above payment options, you authorise Baby HQ to deduct and process the price, applicable delivery fees and other charge(s) required.
4.2 For customers purchasing products in store, we will accept Visa, Mastercard and American Express. You acknowledge and agree that payments in-store may be subject to additional charges from those third party suppliers.
4.3 Subject to the terms and conditions set out on those gift cards or gift vouchers, customers may use applicable gift cards or gift vouchers to pay (in part or in full) for any purchases in-store or online (as permitted by the terms and conditions of those gift cards or gift vouchers).
4.4 From time to time, we may provide other third party payment options, which will appear on the Website as an option.
4.5 All payments must be made in Australian dollars only.
4.6 If we, or any third party, are unable to successfully process the payments for any of your order(s), then we may reject or cancel your order(s) by notice to you. If your chosen method of payment triggers any of our fraud prevention systems, we may cancel and rescind the transaction or contact you to confirm additional details and pass our fraud prevention systems. If we contact you, you must provide the requested information within 7 days and failure to do so will result in your order being cancelled and your payment will be refunded back to you via the same method of payment you used.
5 Orders and deliveries
(a) The delivery fee charged for each order will depend on the type of Baby HQ product ordered, including the size and weight of the products, and the postcode for delivery. Baby HQ reserves the right to charge for delivery of the products at any time (and vary any of those charges by notice to you). Delivery fees are calculated at checkout.
(b) (Exclusions) Baby HQ do not deliver to the following postcodes:
|Northern Territory||0880, 0881|
(c) You acknowledge that Baby HQ is not liable for any incorrect person accepting delivery of your order at the delivery address nominated in any Contract and that any person accepting delivery of your order at the delivery address is authorised by you to receive the order.
(d) All estimated delivery dates are estimates only and you acknowledge and agree that Baby HQ will not be liable to you for any delays or failure to meet such estimated delivery dates for any reason.
(e) Risk in the ordered products passes to you on delivery. Title to the ordered products passes upon a full payment of all amounts owed in respect of the products purchased by you.
5.2 Cancellation of orders
(a) Please confirm the details of any orders carefully (including the type of products ordered and the quantities ordered) as we may not be able to change or cancel orders without additional charges once we have accepted your order.
(b) If you cancel any orders for the Products, you are liable for any losses incurred by us, including but not limited to any loss of profits and any delivery costs for products that have already been dispatched.
(c) Subject to your selection method of payment, upon any cancellation of an order by you, you agree that we may charge you additional surcharges on that transaction from our third party services providers (including but not limited to additional charges per transaction charged by American Express).
(d) Baby HQ reserves the right to cancel an order at any time before delivery, for whatever reason, including where:
(i) there is an event beyond Baby HQ's control, such as elements of nature or acts of God (including storms, fires, floods, cyclones, tidal waves, landslides or earthquakes), acts of war, terrorism, strike, lockout or other labour difficulties, embargo and failure of supply of electricity, heat or light to a premises, which results in Baby HQ not being able to supply the products within a reasonable time to you; and
(ii) Baby HQ's suppliers are unable to supply the products that they have promised to supply.
Where Baby HQ cancels any order prior to delivery, we will notify you and refund to you the payment made for that order.
6 Policy on returns, refunds and replacements
6.1 Returns and repairs of faulty products
(a) Our products and deliveries come with guarantees that cannot be excluded under the Australian Consumer Law (see Schedule 2 of the Competition and Consumer Act 2010 (Cth)):
(i) you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage;
(ii) you are also entitled to have the product repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
A 'major failure' is when the product:
- has a problem that would have prevented you from buying the product had you known about it;
- is unsafe;
- is significantly different from the sample or description of the product; or
- does not do what we said it would, or what you asked for and cannot be easily fixed.
(b) If you notify us (in accordance with the contact information set out in these T&Cs) or return the purchased product to your nearest Baby HQ store with proof of purchase, we will assist you in dealing with the product in accordance with the above.
(c) We may need to send the item to our suppliers or manufacturers in order to assess whether or not any exchange, refund or repair can be offered to you. If the product has been assessed and no fault is found, or it is assessed that damage has been caused by inappropriate use, Baby HQ may refuse to provide you with a refund, repair or exchange.
(d) Subject to the Australian Consumer Law, we may require that the cost of any returns, refunds or repairs are borne by you.
(e) You acknowledge that:
(i) products presented for repair may be replaced by a refurbished product rather than a repair; and
(ii) for refunds of products, we may, at our absolute discretion, offer you with a credit or refund of cash.
(f) For all claims relating to a deficiency in the quality of the product, we require you to hold a proof of purchase and/or proof of delivery. If you do not hold this proof, we reserve all rights to refuse the request for repair, return or exchange due to a lack of proof of purchase.
6.2 Change of mind returns
(a) In addition to any statutory rights you have under the Australian Consumer Law, if you wish to return a product due to a change of mind, we may provide you with:
(i) an exchange, a refund or a credit note (at our absolute discretion) if the product is returned within 14 days of purchase; or
(ii) an exchange or credit note (at our absolute discretion) if the product is returned after 14 days of purchase.
(b) You acknowledge that we are not required to accept any returns for a change of mind.
(c) For any return, refund or exchange due to a change of mind:
(i) you must return the product in the original, unused condition and packaging with all instructions, manuals and accessories;
(ii) you must provide the original receipt or proof of purchase;
(iii) the product must not be a product that was purchased with a gift card or gift voucher, be a discontinued product that is no longer sold by Baby HQ or be an item that was reduced to clear or otherwise discounted; and
(iv) the product must be returned together with all bonus or free products that were provided with the product at the time of the purchase.
(v) delivery fees will not be refunded.
7.1 All guarantees, conditions and warranties of any type in relation to the products of Baby HQ are excluded to the maximum extent permitted by law, other than where explicitly stated in these T&Cs.
7.2 In addition to statutory warranties which cannot be excluded under the Australian Consumer Law, if indicated on a product, specific manufacturer warranties may apply. Such manufacturer's warranty will begin from the date of invoice, not the date that the product is first used. If you wish to make any claim against a manufacturer's warranty, you must return the product to Baby HQ and are liable for all costs of delivery to Baby HQ and to you following any repair or exchange.
7.3 Our liability for a breach of any guarantee, condition or warranty implied by law for any products not ordinarily acquired for personal, domestic or household use or consumption, is limited (at our absolute discretion) to the options set out in section 6 of these T&Cs or any limitations explicitly set out in any Contracts.
8 Intellectual Property
8.1 Our resources and intellectual property (including but not limited to the Website, graphics, logos, icons, catalogues and software) are owned by us and our licensors (Baby HQ IP). The Baby HQ IP must not be infringed, copied, downloaded or reproduced (whether in its entirety or in part) in any form without our express written consent.
8.2 You acknowledge and agree that at all times, the intellectual property rights (including copyright in any of the Baby HQ IP) will remain vested solely in Baby HQ or its licensors (as the case may be). You will not obtain any right, title or interest in any of the Baby HQ IP.
9.1 We may terminate any Contract immediately by written notice to you if you fail to perform any of your obligations under the Contract or breach these T&Cs.
9.2 We may terminate the Contract if a receiver, receiver and manager, provisional liquidator or administrator appointed to you or any of your assets or steps are taken to appoint any such persons, or if you are insolvent under any applicable law.
10 Website and catalogue
10.1 We make no representation or warranty with regard to the accuracy, completeness or suitability of the information in any of our catalogues or on our Website.
10.2 You should make your own enquiries regarding products in our catalogues on our Website to confirm that those products are complete and suitable for your own intended use. Any reliance on the material available on this Website is at your own risk.
11.1 We may collect personal information about you from time to time (including from your use of the Website and in relation to any Contract).
12 Disclaimer and Indemnity
12.1 To the maximum extent permitted by law, Baby HQ is not and shall not be liable for any loss (including loss of profits or indirect, consequential, special or punitive loss) or damage suffered or incurred by you arising from your use of our Website or for any order for products.
12.2 You agree to indemnify, defend and hold harmless Baby HQ, its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)), employees, officers, directors, agents, contractors, licensors, suppliers and service providers from any losses, damage, claims or demands made by any third party as a result of, incidental to, or arising out of your breach of these T&Cs, any Contract, any breach of any laws or any other violation of the rights of any third parties.
You may not assign the benefit or obligations of any contracts or arrangements made pursuant to the Contract other than as expressly stated in the Contract. We may assign or otherwise deal with the benefit of any contract or arrangement made pursuant to the Contract at any time.
14 Entire agreement
14.1 Unless otherwise agreed in writing between Baby HQ and you:
(a) these T&Cs exclude and supersede all prior discussions, communications, representations and arrangements and any other oral or written terms and conditions; and
(b) in the event of ambiguity, conflict or confusion between any other documents which we agree will form part of the Contract, the terms of the T&Cs will prevail.
14.2 This does not apply to any existing written agreement between Baby HQ and you in force prior to the date of the Contract.
14.3 Provisions of these T&Cs or any Contract must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of those T&Cs or the Contract.
15.1 Any notice to be given to a party under this Contract must be in writing and must be sent by post or email to the address of that party shown in the purchase order or order acknowledgment. If there is no address to that party identified for Baby HQ, the notice details will be as set out below.
15.2 Notice is deemed to have been given at the time it would have been received in the normal course of post if sent by post, or if otherwise given at the time it was actually received.
16.1 If any provision of these T&Cs or this Contract is illegal or unenforceable in any relevant jurisdiction, those provisions may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these T&Cs or Contract.
16.2 Any single or partial exercise or waiver by a party to these T&Cs or any Contract does not prevent any exercise of that right or the exercise of any other right. The failure of Baby HQ to exercise or enforce any provision or right in these T&Cs or any Contract shall not constitute a waiver of such right.
17 Variations to the T&Cs
17.1 At any time, you can view the most current version of the Baby HQ T&Cs on this page.
17.2 We reserve the right to amend, vary, update, change, delete or replace any part of these T&Cs by updating the T&Cs accessible on this page. At all times, it is your responsibility to check our Website for changes to the Baby HQ T&Cs.
17.3 By continuing to access and use our Website, you agree to any of the amendments, variations, updates, changes, deletion or replacements of any parts of these T&Cs made by us to these T&Cs.
18 Governing law
This Contract is governed by and must be interpreted in accordance with the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of courts of New South Wales, Australia.
19 Contact informationOur contact information is as follows:
My Baby HQ Pty Ltd
8/7 Grevillea Street
Byron Bay NSW 2481
Phone number: 02 6619 6344
Accounts receivable enquiries: email@example.com