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Terms and Conditions for goods sold on babybunting.com.au

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Baby Bunting Pty Ltd (ABN 43 128 546 154) (“Baby Bunting”) or its Marketplace sellers as the case may be and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) ordered on babybunting.com.au. By placing an order for Goods on babybunting.com.au 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.


1.MARKETPLACE SALES

1.1 In addition to selling our own Goods, the Website operates as a marketplace platform (“Marketplace”) that allows independent, third party sellers (“Third Party Sellers”) to list and sell goods on the Website. 

1.2 If a Good on the Website is being sold by a Third Party Seller (“Marketplace Good”), the Website page setting out details of that Good (“Product Page”) will show the relevant Seller’s details, together with any terms of sale specified to the Seller’s Good, which may include delivery fees and expected delivery times.  

1.3 You can identify when Goods are sold by a Third Party Seller (rather than by Baby Bunting) as the product display will state that the product is sold by that Third Party Seller.     


2.BABY BUNTING IS NOT RESPONSIBLE FOR GOODS OF A THIRD-PARTY SELLER OR INFORMATION THEY PROVIDE

2.1 You agree and acknowledge that when you purchase Goods that are offered by a Third Party Seller through this Website, you are transacting directly with that Third Party Seller. Baby Bunting is not a party to the transaction nor assumes any responsibility arising out of or in connection with it. Baby Bunting does not control aspects of the transaction including the listing content and accuracy or the quality, shipping and delivery of the Marketplace Goods. 

 2.2 You also agree and acknowledge that: 

(a) Baby Bunting is not a party to the transactions that occur between you and the Third Party Seller, nor is Baby Bunting the Seller of the Goods supplied in those transactions; and 

(b) Goods sold by Third Party Sellers are not eligible for the application of Baby Bunting’s Price Promise; and 

(c) Goods purchased from Third Party Sellers are not part of Baby Bunting’s Loyalty program. 


3. DEFINITIONS

3 .1 In these Terms and Conditions, “Seller” means, in respect of a Good you purchase, the seller of the relevant Good.  You can find details of the Seller on each Product Display Page, or in a summary of your order presented to you in the Order Summary. 

3.2 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 5.12; 

  • "Delivery Charge" has the meaning given in section 5.11; 

  • “Same Day Delivery” means a delivery option where an Order which meets the same day delivery requirements set out in the Baby Bunting Delivery information, is intended to be delivered to you on the same day (for orders submitted before 12pm) or next day as you place the Order; 

  • “Scheduled Delivery” means a delivery option where an Order which meets the scheduled delivery requirements set out in the Baby Bunting Delivery information, is intended to be delivered to you within a selected delivery window on the same day (for orders submitted before 1.45pm) or next day as you place the Order; 

  • "Order" means an order for Goods, placed on the Website; 

  • "Password" means the password needed to access your Account; and 

  • "Website" means babybunting.com.au. 

4. YOUR LEGAL RIGHTS

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law, All Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify (or have the effect of doing so) any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law). 



5. ORDERS, PRICING & TAXES

5.1 For each Good in your Order Summary, you are offering to the relevant Seller that you will buy that Good from that Seller for the price plus the Delivery Charge as shown at the time of submission of your Order and, as applicable, any Additional Delivery Charge. The Seller may, in its absolute discretion, accept or reject your offer but will be bound to supply you the Good once your payment has been processed and the Seller has accepted your order. 

5.2 For each Order you place and, if you purchase Goods from more than one Seller, you enter into a separate contract with each Seller under these Terms and Conditions in respect of each Good supplied by that Seller. 

5.3 Please ensure that you enter all information carefully when placing an Order (including quantities ordered). Orders may not be able to be changed or cancelled once the Order has been accepted. 

5.4 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only. If there is a limit on the number of Goods that you can place an Order for, your Order cannot exceed that limit. 

5.5 If you place an Order for someone else to receive the Goods, by placing the Order you confirm that you have obtained their consent to provide the Seller with their personal information. 

5.6 Each Seller is responsible for dispatching their Goods to you under these Terms and Conditions.  In no event, will Baby Bunting be responsible for dispatching or otherwise performing a contract of sale between you and a Third Party Seller.  

5.7 Where your Order has Goods from different Sellers, the Goods from the respective Sellers will be delivered separately.  

5.8 Where you place separate Orders with the same Seller, the Goods will be delivered separately, and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. 

5.9 Prices for Goods are as shown on the Website. Each Seller is independently responsible for setting the price of their Products and any delivery or other applicable charges. 

5.10 Sellers reserve the right to change the prices of Goods displayed on the Website at any time without notice to you. Subject to clause 8.2, 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 the Seller. 

5.11 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 Order Summary. Sellers only deliver to certain addresses within Australia. Same Day Delivery and Scheduled Delivery services are available from participating Baby Bunting stores for eligible Goods for which Baby Bunting is the Seller - important exclusions, conditions and cut-off times for placing orders apply in respect to the Same Day Delivery and Scheduled Delivery services. Further information about delivery and shipping times is available here. 

5.12 This clause applies only where Baby Bunting is the Seller. You may also need to pay 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, Baby Bunting will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timeframe specified, you do not agree to accept the Additional Delivery Charge, Baby Bunting will cancel your Order. Baby Bunting will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge. 

5.13 All prices and Delivery Charges and Additional Delivery Charges quoted are in Australian dollars and are inclusive of GST. 

5.14 The internet can be unstable and insecure. 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. 

5.15 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. 

5.16 Some cards carry more than one payment system function. These can be identified because they have either a Visa or Mastercard logo on the front of the card and an eftpos logo on the back of the card. A merchant can choose which payment system processes the transaction from those cards as both functions point to the same card account. When the eftpos logo appears on Baby Bunting’s website, it means that we have chosen to process transactions through eftpos from those cards. If your card only has the eftpos logo then it has not yet been enabled by your bank for transactions from your card. 



6. YOUR ACCOUNT

6.1 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. 

6.2 You may not set up an Account for someone else. 

6.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Baby Bunting that all information provided by you in relation to your Account is complete, true and accurate. 

6.4 You must notify Baby Bunting immediately if you become aware of any actual or potential unauthorised use of your Password or Account. 

6.5 If Baby Bunting 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 Baby Bunting then you must pay Baby Bunting the amount of that loss, damage, cost or expense if Baby Bunting asks you to. 


7. AFTER YOU HAVE SUBMITED AN ORDER/PAYMENT

7.1 When you submit an Order you will receive an Order reference number via e-mail. 

7.2 Baby Bunting will process payment for your Order, and thereby your Order is deemed to be accepted when, or shortly after, you place your Order (except to the extent set out in section 5.12). The Seller  may cancel your Order after acceptance as set out in these Terms & Conditions in which case it will refund payment in accordance with section 13. 

7.3 You must pay for Goods at the time of online checkout with one of the payment methods offered on the Website. By providing your credit card/payment card/gift card you authorise Baby Bunting to deduct the price and the applicable delivery and other charge(s) from such card. 

7.4 Baby Bunting may not be able to, or may decline to, accept payment from you 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, Baby Bunting 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. 

7.5 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. 


8. CANCELLATION OF ORDERS

8.1 The Seller may cancel any Order in full or in part, including after an Order has been accepted, but before the Goods have been delivered, (and will notify you of the cancellation) where: 

(a) you have failed to pay for your Order or your payment method fails; 

(b) in respect of Goods sold by Baby Bunting, Baby Bunting’s suppliers are unable to supply Goods that they have previously promised to supply: 

(c) the Seller becomes aware after order confirmation that the Good is out of stock; 

(d) the Seller reasonably believes that you are purchasing Goods for the purpose of resupply or resale or the number of Goods you have ordered exceeds any limit applying to those Goods; 

(e) an event beyond Baby Bunting’s control, including storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, any epidemic or pandemic or any government mandated response to an epidemic or pandemic, means that Baby Bunting is unable to supply the Goods within a reasonable time; 

(f) 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; 

(g) the transaction is suspected of involving credit card or other payment-related fraud; or 

(h) in the circumstances set out in sections 5.12, 7.4 or 7.5. 

8.2 You may cancel your Order where the Seller: 

(a) has breached a material term of these Terms and Conditions; or 

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website, 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. 

8.3 If the Order is cancelled after payment has been processed, the Seller will refund any money paid in respect of that Order. Where only part of an Order has been cancelled, the refund will be provided in respect of the amount paid that relates to the cancelled part of the Order.  Section 13 of these Terms and Conditions sets out further information about refunds. 


9. DELIVERY

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 addresses within Australia. However, there are certain remote areas in Australia that we do not deliver to (refer to the delivery and shipping information) unless agreed with you (refer section 5.12), 

9.3 Please ensure there is a person present at the delivery premises who is authorised by you to accept delivery. If there is not, the Seller will endeavour to deliver the Goods if safe and appropriate to do so, otherwise the Goods may be taken back to the courier’s depot or to your local post office. For Same Day Deliveries and Scheduled Deliveries, refer to clause 9.7.  

9.4 If you require Goods that you have ordered(that have not yet been dispatched) to be re-directed to an address which is not the original Order address Baby Bunting may charge you a reasonable fee for doing this. A redirection of your Goods to an alternative address cannot be affected once the Goods have been dispatched to the original address in the Order. In respect to Same Day Delivery and Scheduled Delivery, Goods cannot be redirected to an alternate address once the Order has been submitted. 

9.5 If Goods are returned to sender, the Seller will contact you to arrange for redelivery which may come at an extra delivery fee. 

9.6 Baby Bunting will not deliver to a PO Box, locked bag, parcel locker, farms or cattle stations. 

9.7 Following dispatch of your Goods, Baby Bunting will email you with confirmation of dispatch. Sellers are unable to accept liability for delay in delivering Goods which is beyond their reasonable control (e.g. if stock is unavailable). If the Goods have not been delivered within a reasonable time, please contact us. 

9.8 If you select Same Day Delivery or Scheduled Delivery, you may be required to confirm if you will be at home at the time of the delivery or otherwise provide Baby Bunting with “authority to leave” to leave the Goods in the agreed place, depending on the value of the Goods. Unless Baby Bunting has received “authority to leave” (which is assumed for Orders below $250), on delivery you may be required to sign a proof of delivery document or provide the PIN sent to you in the confirmation SMS or email for your Order, or at the time you place your Order. If you have not provided Baby Bunting with “authority to leave” and you are not available to take delivery, your Goods will be returned to Baby Bunting, and we will contact you to arrange for collection by you or redelivery (which may come at an extra delivery fee). If you provide Baby Bunting with “authority to leave”, delivery will be deemed to have occurred when we leave the Goods in the agreed place (and in accordance with Section 9.1, risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods from this time onwards). 



10. CLICK & COLLECT - PICK-UP OF GOODS IN STORE (BABY BUNTING ONLY)

10.1 Some of the Goods sold by Baby Bunting can be picked up from a Baby Bunting store rather than being dispatched to you. Where you wish to do this, you will need to nominate the “Click and Collect” option and the relevant store you wish to collect from when you place your Order. Please note that some Goods are not available for pick up from store. Further information about our Click & Collect service is available here. 



11. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

11.1 You agree and acknowledge that: 

(a) except to the extent expressly required by law, Baby Bunting does not guarantee and does not accept liability for the delivery or availability of Goods within the timeframes referred to on the Website; 

(b) events outside Baby Bunting’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store; and 

(c) delays are particularly likely to occur around Christmas, Easter and public holidays. 


12. EVOUCHERS (BABY BUNTING ONLY)

12.1 The terms and conditions for Baby Bunting eVouchers can be found here. 



13. REFUNDS OF YOUR MONEY

13.1 Where Baby Bunting is obliged to refund your payment pursuant to these Terms and Conditions, Baby Bunting 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. For details of other Sellers, refer to their returns and refunds policies. 

 13.2 Refunds will be provided in the form in which the original purchase was made.   

(a) Purchases made with a Baby Bunting voucher will be refunded via eVoucher or if in store, a Gift Card for the refunded amount.   

 (b) Upon notification that a card used for a purchase has since expired or been cancelled, we will still attempt to refund to the original card and will use an alternate method of refund only if the refund to the original method fails.   

13.3  Refunds from Sellers will only be in Australian dollars.  

13.4  Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), a Seller 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 or any other tort, equity, restitution, strict liability, under statute or otherwise at all. 


14. RETURNS/FAULTY OR DAMAGED GOODS

14.1 If you have a problem with any Goods or otherwise wish to return them please refer to the Seller’s Refunds and Returns Policy. 

14.2 Baby Bunting’s Refunds and Returns Policy is available here. Please note that, in addition to contacting any applicable manufacturer or any Baby Bunting store, you can also contact us. For other Sellers, the returns policy for those Sellers is found on the link on their relevant Product Page.  

14.3 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. 


15. MORE INFORMATION ABOUT BABY BUNTING'S LIABILITY TO YOU

15.1 Goods may contain warranty documents on or inside the packaging provided by the manufacturer or distributor of the Good. Unless clearly expressed otherwise, any such warranty is not given by Baby Bunting. Subject to the Australian Consumer Law, all implied warranties and representations are excluded. 

15.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Baby Bunting will not be liable to you, or any other person, for any loss, damage, cost or expense (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) arising out of or in connection with (directly or indirectly) the Website, your Account or the Goods (including orders and delivery) except where caused directly by Baby Bunting’s breach of its obligations or negligence. 

15.3 Notwithstanding the above and subject to law, the Seller's liability to you is limited to refunding the price, replacing or repairing the relevant goods. 

15.4 Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage. 

15.5 To assist the Seller in resolving any problems you may experience, please inspect the Goods upon taking delivery and report any shortage, discrepancy, defect, wrong specification or similar problem to the Seller as soon as you become aware of it. 


16. PRIVACY

16.1 Baby Bunting policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions. 

16.2 Other Sellers also collect your personal information when you make a purchase from them.  

16.3 When you place an Order through this Website, you consent to Baby Bunting collecting your personal information (including your name, contact details and delivery address) and providing it to third parties (including the relevant Seller and the Seller’s suppliers and delivery contractors) for the purpose of fulfilling and delivering your Order.  


17. WEBSITE TERMS

17.1 Your use of the Website is governed by the Website Terms of Use.


18. GENERAL

18.1 Baby Bunting reserves the right to amend these Terms and Conditions at any time but will not change any terms and conditions of existing orders that have been accepted; any variations or amendments to these Terms and Conditions will only apply to orders made after the date that such amendment appears on the Website. That means for future orders, these Terms and Conditions may be different and so it is recommended that you read these Terms and Conditions carefully each time you agree to them.

18.2 Any provision in these Terms and Conditions 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 unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

18.3 In the event of an inconsistency between these Terms and Conditions and other terms (including delivery terms, Click & Collect terms and refund terms), these Terms and Conditions will prevail.

18.4 These Terms and Conditions are governed by the laws of Victoria, Australia.