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Sleepytot Australia Conditions of Use

Terms and Conditions of Sale
 

(1) Introduction
Please read these terms and conditions of sale carefully.
You will be asked to expressly agree to these terms and conditions of sale before you place an order for products from our website.

(2) Interpretation
In these terms and conditions of sale, "we" means Baby Slumberland (and "us" and "our" will be construed accordingly); and "you" means our customer or potential customer for products (and "your" will be construed accordingly).

(3) Order process
The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

  • You must add the products you wish to purchase to your shopping cart, and then proceed to the checkout.
  • if you are a new customer, you must create an account with us and log in; if you are an existing customer, you must enter your login details.
  • Once you are logged in, you must select where you wish your goods to be delivered to and where you would like us to send your invoice.
  • You will then be asked to confirm your order and your consent to these terms and conditions of sale.
  • Once you have chosen your preferred method of payment you will be transferred to the appropriate website, which will handle your payment.
  • Once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

We will not file a copy of these terms and conditions of sale specifically in relation to your order. We may update the version of these terms and conditions of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms and conditions of sale for your records.

  • The only language in which we provide these terms and conditions of sale is English.
  • Before you place your order, you will have the opportunity of identifying whether you have made any input errors when you are provided with a summary of the details you have provided. You may correct those input errors before placing your order by selecting the option to amend your details.

 

(4) Price and payment
Prices for products are quoted on our website. We will verify prices as part of our sale procedures, so that a products correct price will be stated when you pay for the product.
In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you pay for the product. The cost of delivery is readily available in our Delivery and Returns Policy.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include GST
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

(5) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms and conditions;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;

(6) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavors to deliver products on or before the date for delivery set out in our Delivery and Returns Policy. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 10 days of the later of receipt of payment and the date of our order confirmation.

(7) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.

(8) "Cooling off" period
You may cancel a contract to purchase a product on our website or products at any time within 7 working days after the day you received the relevant products or products.
If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full. However, you will be responsible for paying the cost of returning the product to us. An open packet cannot be returned.
If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.

(9) Statutory rights
Nothing in these terms and conditions of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).

(10) Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(11) Limitations of liability
Nothing in these terms and conditions of sale will limit or exclude your or our liability for:

  • Death or personal injury caused by negligence.
  • For fraud or fraudulent misrepresentation.
  • For any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability. Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).

(12) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy.
Contracts under these terms and conditions of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms and conditions of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms and conditions of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms and conditions of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms and conditions of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms and conditions of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms and conditions of sale, at any time, providing such action does not serve to reduce the guarantees benefiting you under these terms and conditions of sale.

Each contract under these terms and conditions of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescinds, or agrees any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section 12: these terms and conditions of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms and conditions of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

This agreement shall be governed by the laws of the State of South Australia, Australia and the parties submit to the jurisdiction of the Courts of South Australia, Australia.

(13) About us
Our full name is Baby Slumberland.
Our email address is info@sleepytotaustralia.com.au