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Terms and Conditions

1. Our contract

When you place an order via our website, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

 

2. Pricing and availability

(a) Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which we have advertised, we will correct the error straight away.

(b) Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.

 

 

3. Payment

Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited the “Total Cost” referred to in clause 2(b) above. Upon receipt of the “Total Cost” the goods will be dispatched and we will send a confirmation email acknowledging receipt of the “Total Cost”.

 

 

4. Delivery of goods

Non delivery of goods must be reported to us as soon as possible.

4.1 International customers

(a) Standard International Orders, unless requested otherwise by you prior to purchase, are sent by Australia Post Airmail without insurance and goods tracking is not available.

(b)While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or which in any event is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

(c) Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.

(d) Delivery to countries outside Australia can take 15 working days, depending on region, to arrive.

(e) All customs / import fees / taxes and duties are the responsibility of the customer.

4.2 Australia

(a) All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post without Insurance or tracking.

(b) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

(c) Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.

(d) For non-delivery of goods, please notify us by email as soon as possible.

 

 

5. Receipt of goods

(a) You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within 7 days of receipt of the goods. If you fail to give such notice, the goods will be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made in writing and received by us within 7 days after receipt of the goods by you.

(b) This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 7

 

 

6. Refund policy

Please choose carefully. Due to the nature of the products we sell we do not offer refunds or exchanges where you have changed your mind, the product is not suitable for you, made a wrong selection or found the goods cheaper elsewhere.

 

 

7. Limitation on claims

(a) We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, pandemic, industrial action and action or inaction by a government agency.

(b) We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.

(c) Our liability for failure to comply with a consumer guarantee is limited to the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair).

(d) Subject to clause 7(c) above, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

(e) In all other respects, our total liability for loss or damage of every kind, whether:

  • arising pursuant to the terms of service; or
  • arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.

(f) In relation to liability for personal injury (including sickness and death), we do not accept liability to you or anyone else in respect of any direct, indirect or special loss or damage which may be suffered or incurred by you or anyone else in respect of the goods supplied pursuant to these terms and conditions.

 

 

8. Warranty disclaimer

(a) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

(b) The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

 

 

9. Intellectual property

The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.

 

 

10. Title and risk

Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.

 

 

11. Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to all of our rights and remedies in these terms and conditions.

 

 

12. Acknowledgements

You acknowledge and agree that:

(a) all pictures and images of the goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of goods may differ;

(b) the colour of goods as shown on the Website may vary slightly in shade;

(c) where we provide sizing or other measurements in the description of the goods (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your order; and

(d) any accessory featured with the goods is for illustration purposes only.

 

 

13. Entire agreement

The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

 

 

14. Governing law

These terms of service are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

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Feeding Friend is also available at Target.com and BuyBuyBaby.

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