PART A: INTRODUCTION
These Terms and Conditions govern your use of our website located at www.bespokebaby.com.au. By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Site, you agree that your access to, use of, and purchase of any goods from the Website is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use this Website.
When purchasing goods from the Website, these Terms and Conditions form a contract between the customer (you) and Bespoke Baby and apply to the ordering, purchase, fulfillment and delivery of goods from the Website.
These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website if you have any questions. You can contact us on email: email@example.com or phone: 0414 669 996
The following definitions are used in these Terms and Conditions.
Business Day means a week day in which trading banks are open for the transaction of banking business in New South Wales, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for Bespoke Baby.
Delivery Fee means the fees charged by the Delivery Agent of Bespoke Baby for the delivery of Goods.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Bespoke Baby in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
- a) where Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST); or
- b) where a country other than Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, this does not include Australian GST). For the avoidance of doubt, the Price is charged in Australian dollars and is subject to conversion to your local currency by your financial institution and any other Taxes levied by any applicable government authority);
Returns Policy means the Bespoke Baby Returns Policy found on the Website Returns Policy
Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.
Website means www.bespokebaby.com.au
we or us or our or Bespoke Baby means Bespoke Baby Pty Ltd
you or your means you as the user of the Website, including as a purchaser of Goods from Bespoke Baby pursuant to these Terms and Conditions.
PART B: SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE BESPOKE BABY WEBSITE
2. COMPLIANCE WITH TERMS AND CONDITIONS
- 2.1 You agree to be bound by the Terms and Conditions when you submit an Order.
- 2.2 Each Order you submit will be a separate and binding agreement between you and Bespoke Baby with respect to the supply of Goods, in accordance with these Terms and Conditions.
3. PLACING ORDERS FOR GOODS
- 3.1 You may place an Order through the Website by submitting the electronic Order form on the Website.
- 3.2 An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (which for the avoidance of doubt, includes GST for deliveries to Australia) plus any Delivery Fee as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
- 3.3 You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use, and quantity restrictions may apply.
- 3.4 In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfill your Order. Bespoke Baby will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfill or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, Bespoke Baby is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to Bespoke Baby.
- 3.5 You may Order from Bespoke Baby if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
- 3.6 You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Returns Policy.
- 3.7 Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7.
- 3.8 In submitting an Order you represent and warrant to Bespoke Baby that:
- a) you are over the age of 18;
- b) you have read and agree to these Terms and Conditions; and
- c) you have complied with all applicable Laws.
4. ACCEPTANCE AND REJECTION OF ORDERS
- 4.1 Bespoke Baby reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international delivery, some of our products may not be available for delivery to certain locations outside Australia. Bespoke Baby’s retains the right to determine what it can and cannot deliver to any particular location.
- 4.1 When we accept an Order, it represents an agreement by Bespoke Baby to supply you the Goods in accordance with the Order and these Terms and Conditions.
- 4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within ten (10) Business Days after the placement of the Order wherever possible. Bespoke Baby will not be liable to you for your loss or that of any third party for the rejection of an Order.
- 4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within ten (10) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Bespoke Baby is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.
- 4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5. AVAILABILITY OF GOODS
- 5.1 You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfill all or part of your Order. If this occurs, Bespoke Baby will use reasonable endeavours to contact you within ten (10) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within ten (10) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Bespoke Baby is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
- 5.2 We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Bespoke Baby will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
- 5.3 Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, Bespoke Baby will proceed to fulfill the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfillment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.
- 5.4 You acknowledge and agree that:
- a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
- b) you have read any corresponding written description of the Goods prior to submitting your Order;
- c) the colour of Goods as shown on the Website may vary slightly in shade in real life; and
- d) where we provide sizing or other measurements in the descriptions of a Good it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order.
6. PRICE AND PAYMENT
- 6.1 The Price in respect of a Good is specified on the Website and is dependent on the delivery address nominated.
- 6.2 Prices are displayed in Australian Dollars. Where a delivery address within Australia has been nominated, the Price includes Australian GST (currently 10%). Where a delivery address outside Australia has been nominated, the Price will not include Australian GST and additional Taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. If goods are over the relevant country’s threshold and customs entry is required, there will also be an additional admin charge from our logistics partner for handling the customs clearance.
- 6.3 You will be charged the Price in Australian Dollars regardless of your delivery location. Any currency conversion fees or rates used to determine the amount you pay for the Goods is determined by your credit card provider or Paypal. We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card provider or Paypal.
- 6.4 Bespoke Baby reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
- 6.5 In respect of any Order, we will charge you and you agree to pay to us:
- a) the Purchase Price (which is the Price at the time the Order is submitted in Australian Dollars); and
- b) the Delivery Fee (if any).
- 6.6 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card or Pay Pal. When paying by credit card, you authorise Bespoke Baby to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
- 6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by Bespoke Baby before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website.
- 6.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
- 6.9 You will receive an invoice by email once payment in respect of your Order has been processed.
- 6.10 Bespoke Baby uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
- 7.1 Bespoke Baby uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.
- 7.2 You acknowledge and agree that notwithstanding anything else stated on the Website:
- a) Bespoke Baby cannot guarantee that delivery will occur in the stated delivery time frames;
- b) delivery time frames may change from time to time due to unforeseen circumstances; and
- c) except where required by applicable law, Bespoke Baby is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
- 7.3 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations.
- 7.4 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact us as soon as practicable using the details provided at the start of these Terms and Conditions. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may call us, or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible.
- 7.5 You warrant to Bespoke Baby that any nominated representative receiving the Goods on your behalf at the delivery Address is duly authorised by you to do so.
8. RISK AND TITLE
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
- 9.1 Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us.
- 9.2 Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
- 9.3 Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you (and any applicable Delivery Fee) in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within ten (10) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Bespoke Baby is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
- 9.4 It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Bespoke Baby is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
10. PROMOTIONS AND DISCOUNTS
Bespoke Baby offers and promotions may only be used at the Website and do not apply to purchases at other online or retail outlets. Any % off stated applies to the Australian recommended retail price (RRP) of items, including the Australian GST component of that price. Discounts, including any % off, are not available when purchasing gift cards.
PART F: General
11. COPYRIGHT AND TRADE MARKS
- 11.1 The Website and all material provided on the Website are owned or licensed by Bespoke Baby. Except where necessary for viewing the material on the Website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Bespoke Baby.
- 11.2 Various trade marks displayed on the Website (whether registered or otherwise) are owned by Bespoke Baby. The trade marks displayed on the Website must not be used or reproduced without the prior permission of the relevant owner. If you are an authorised reseller of Bespoke Baby’s products and would like to request permission to use photography or other content from the Website for business purposes, please contact us via email.
- 11.3 If you believe you own the copyright in any work and that work is displayed on the Website without your permission, please contact us and the matter will be investigated.
- 12.1 The information contained on the Website is provided by Bespoke Baby in good faith. To the best of Bespoke Baby's knowledge, the information is accurate and current. However, the Website and its contents are provided to you on "as is" basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. Bespoke Baby and its related bodies corporate, and their directors, officers, employees, and agents ("Bespoke Baby’s Associates") make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
- 12.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Bespoke Baby excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
13. LIMITATION OF BESPOKE BABY’S LIABILITY
- 13.1 Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Bespoke Baby will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through the Website, including from use of goods or services supplied to you through the Website.
- 13.2 Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Bespoke Baby or Bespoke Baby's Associates in connection with goods or services supplied to you will, at the election of Bespoke Baby, be limited to:
- a) In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
- b) In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).
- 13.3 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
- 15.2 You represent and warrant to Bespoke Baby that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date.
16. VIRUS WARNING
All care is taken to ensure that the Website and data transmissions are free from viruses. However Bespoke Baby cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and you release Bespoke Baby entirely of all responsibility for any consequences of its use.
18. THIRD PARTY SITES
- 18.1 The Website may contain links to third party sites. Bespoke Baby is not responsible for the condition or content of those sites as they are not under Bespoke Baby’s control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Bespoke Baby of the sites or the products or services provided on the site. Bespoke Baby does not permit any linkages to the Website without prior permission.
- 18.2 Any third-party advertising on Bespoke Baby pages of third party social networking sites are not the responsibility of, or endorsed by, Bespoke Baby. All rights, including copyright in Bespoke Baby’s pages, are owned by or licensed to Bespoke Baby. Any use of any Bespoke Baby social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Bespoke Baby. All worldwide rights reserved.
19. ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. SECURITY AND VIRUSES
Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
Bespoke Baby reserves the right to, at its discretion, terminate your access to and use of the Website:
- a) for convenience, at any time, upon provision of notice to you; or
- b) immediately:
- i) if Bespoke Baby reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
- ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
- 22.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in the Northern Territory. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the Northern Territory.
- 22.2 The Website may be accessed from Australia or overseas. Bespoke Baby makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
- 22.3 Only you and Bespoke Baby shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
- 22.4 Bespoke Baby reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Bespoke Baby with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website. Your continued use of the Website will constitute acceptance of the amended Terms and Conditions.
- 22.5 Bespoke Baby may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us here.
- 22.6 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
- 22.7 A failure or delay by Bespoke Baby to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Bespoke Baby does not preclude its future exercise or the exercise of any power or right.
February 2016, © Bespoke Baby