In these Terms and Conditions of Sale ("Conditions of Sale"), "we" or "us" means Baby Zone ABN 53 885 802 963 and "you" means the person, organisation or entity that purchased the products or related services from us.
Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to consumers whether products and services are purchased online or over the telephone.
1.1 You may place an order with us through the website, www.babyzone.com.au. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products.
1.2 Please choose your products carefully. Prices can change and so you should check the latest price on our website or confirm the price with our sales team on the phone before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process.
1.3 We will provide you with an order reference number via a confirmation email or over the phone once your checkout process is complete. We will not complete your order until your payment has passed our internal validation procedures. Once your payment has been validated, we will process your order and provide you with an order reference number. Please retain your order reference number.
1.4 Once we have given you an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Sale will apply in relation to the supply of the ordered products. No changes to these Conditions of Sale will be effective unless we both agree to the changes in writing.
1.5 Please refer to our Shipping and Returns Policy for further information.
2.1 We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website is accurate in accordance with our current stock levels with each manufacturer, however, these stock levels are subject to change without notice.
2.2 If, for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
3. Price and Payment
3.1 The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST. We make every effort to ensure prices and product information on our website or advertisements are correct and up-to-date
3.2 We accept payment by American Express, VISA and MasterCard credit cards.
3.3 Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use Shopify Payments secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
3.4 If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your cart value or add a gift/incentive. To activate, simply enter a valid code then click the "Apply" button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our store on (08) 9250 1698.
3.5 Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.
3.6 On larger purchases, we may request you to verify your identity with photocopied documents such as:
Credit card (front and back)
4.1 We may offer free delivery for some of our products. If you are not eligible for free delivery, a delivery fee may apply. Please refer to our Shipping and Returns Policy for further information
5. Title and Risk
5.1 Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
6. Warranties and Limitation of Liabilities
6.1 Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. If you are a "consumer" under the Australian Consumer Law, the following notice applies to you:
"Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for 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."
6.2 Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees.
6.3 Please refer to our Shipping and Returns Policy for further information.
7. Returns and Refunds
7.1 Please refer to our Shipping and Returns Policy for further information.
8. Repair of Products
8.1 Please refer to our Shipping and Returns Policy for further information.
9. Force Majeure
9.1 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance, we will contact you to mutually resolve the matter.
10.1 These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
10.2 We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders.
10.3 We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
10.4 You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
10.5 Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
10.6 If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
10.8 These Conditions of Sale are governed by the laws of Western Australia, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.
If you need to contact us for any reason, please do so using the contact details below:
203 Great Eastern Highway, Midland, WA 6056, Australia
Telephone: (08) 9250 1698