Terms and Conditions of Sale
In these terms and conditions, the expressions “we”, “us” and “our” are a reference to baby.physio ABN 71 250 471 152 (baby.physio).
We reserve the right to amend thee terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
1. Purchasing procedure
1.1 You may offer to purchase Baby Physio Products described on this Website for the price specified on this Website.
1.2 Your offer to purchase Baby Physio Products must be made in accordance with relevant directions and instructions contained on this Website and must include your name, email address, credit card details and any other ordering information specified on this Website.
1.3 Upon receipt of your order, we will at our discretion accept or reject your offer to purchase any Baby Physio Product.
1.4 You may not cancel your order once it has been submitted, even if our acceptance or rejection of your order is still pending.
1.5 We are not required to give reasons for rejecting your offer to purchase.
1.6 If we reject your offer to purchase any Baby Physio Product for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
1.7 If we have not responded or delivered the Baby Physio Products you have ordered to you within 8 hours of your order being submitted, your offer will be deemed rejected.
1.8 We give no undertaking as to the availability of Baby Physio Products advertised on this Website.
1.9 Delivery of the Baby Physio Products to you will be effected in the manner described on this Website.
2.1 You acknowledge that despite our reasonable precautions, Baby Physio Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight.
2.2 In these circumstances we reserve the right to cancel the transaction, even though your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of the Baby Physio Products to you.
2.3 If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
3. General disclaimer and limitation of liability
4. Returns and refunds
baby.physio handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
5. Additional disclaimer
5.1 baby.physio and our officers, employees and agents hereby disclaim, to the maximum extent permitted by law, any warranties, either express or implied, with respect to these terms and conditions or the information on this Website, including but not limited to warranties of accuracy, completeness, non-infringement, or usefulness of Baby Physio or any Baby Physio Product or any misinterpretation, incorrect or inappropriate assessment, score, report or recommendation. To the maximum extent allowed by law:
(a) we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use or reliance on information contained in any Baby Physio Product or accessed through this Website;
(b) any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
(c) we do not accept liability to you or any other person in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in in respect of Baby Physio Products or any other goods or services supplied pursuant to or in any way connected with this Website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
5.2 You acknowledge that:
(a) prior to entering into these terms and conditions you have been given a reasonable opportunity to read and examine all of the information on this Website about the Baby Physio, Baby Physio Products and the Material and satisfy yourself regarding all goods and services which are the subject of these terms and conditions (including Baby Physio Products) and that prior to entering into these terms and conditions you have availed yourself of that opportunity; and
(b) at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.
5.3 The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.
5.4 Pursuant to section 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010(Cth)) (ACL), liability for breach of a guarantee conferred by the ACL and liability for any other implied warranty or condition outside of the ACL, is limited:
(a) in the case of goods, to any one of the following as determined by us:
(i) the replacement of the goods or the supply of equivalent goods; or
(ii) the repair of the goods; or
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) in the case of services, to any one of the following as determined by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.