Baby Beanbags

General Information

Welcome to www.babybeanbags.com.au. www.babybeanbags.com.au is owned and operated by Australian Baby Beanbags Pty Ltd, ACN 153 839 340, with our registered office at Suite 1A, Level 2, 802 Pacific Highway, Gordon NSW 2072.

The terms “Baby Beanbags” “we”, “our” and “us” when used in these Terms of Use (“Terms of Use”) means Australian Baby Beanbags Pty Ltd. The terms “you”, “your” and “yours” when used in these Terms of Use means you, as a user of our website.

It is important that you read these Terms of Use carefully. These Terms of Use apply to all visitors of our website. By viewing and using our website, you agree to be bound by these Terms of Use, Our Terms of Sale and Privacy Policy (together, our "Terms"). If you do not agree to these Terms, then you must stop accessing and using this website.

Purpose

This website provides general information relating to the beanbags and other products we offer. The information and any materials supplied on our website are provided for general information purposes only. Our website does not provide advice of any kind.

Website Availability

We reserve the right to withdraw or amend the service we provide on this website, or close it indefinitely. We will not be liable if, for any reason, our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts, or all, of our website.

Users outside Australia

We control and operate this website from our offices in Australia. We do not represent that the information, materials, services or any products on our website are applicable, appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than Australia, you are solely responsible for compliance with any applicable laws relevant to your jurisdiction.

Copyright and Licence

This website and all of its content including data, works of authorship and materials thereon, photographs, illustrations, graphics, video, software, code, design, organization of the website and the compilation of materials on the website (referred to collectively as "Content") are protected by local and international copyright, trademark and other intellectual property laws. We (or our licensors) own, solely and exclusively, all rights, title and interest in and to the website and its Content, including, but not limited to, all intellectual property and proprietary rights. Your use of the website and/or the Content does not grant to you any ownership or title of any Content.

All logos, brand, product and service names used on this website or in connection with the Content are our registered and unregistered trademarks, trade names or service marks (or those of our licensors), unless otherwise stated. Nothing contained in these Terms shall be construed as conferring any license or right to use any of our logos, proprietary graphics or trademarks without our prior written consent. All rights are fully reserved and all moral rights are asserted and reserved.

We grant you a limited, revocable, non-exclusive, non-transferable, personal license to access and copy the Content for your personal, non-commercial use only, such license being conditional upon your continued compliance of these Terms. Where such copies are made, all copyright and other proprietary notices provided in or with the Content must remain. No other use of the website is permitted without our prior written consent. You must not copy, modify, distribute, publish, display, transmit, adapt or in any way exploit the Content of this website or use any of the information, materials, services, products or items on our website for commercial exploitation or to create derivative works of such materials or Content. Any unauthorised use of this website may be a criminal offence giving rise to a claim for damages.

Your Use of Our Website

If you use any forum, message board or other communication tool that we make available through our website, you agree to use these communication tools for lawful and legitimate purposes only. We are not able to monitor or review communications, discussions or postings at all times. We are under no obligation to ensure that the communications on the website are legitimate. We do not endorse, nor are we liable for, the accuracy or reliability of any statement or information posted on this website by anyone other than us. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable content or information to us at +61 (02) 8005 6155 or info@babybeanbags.com.au.

Submissions

When you submit any communication (including data, questions, comments, suggestions or other material), you represent that you own the content of that information or material. Except as noted in our Privacy Policy, all submissions will be treated as non-confidential and non-proprietary. You grant us a world-wide, royalty-free, perpetual and irrevocable license to use or reproduce your submission, without limitation, in any format.

Prohibited Conduct

When you access and use our website, you must not:

• upload or use any software viruses or any other computer code, files or programs designed to (or with the ability to) interrupt, destroy or limit the functionality of our website;
• take any action that may impose an unreasonable load on our website infrastructure;
• use the website for any unlawful purpose including posting, transmitting or accessing material or data in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use);
• post or transmit any spam or junk material or any threatening, libelous, defamatory, obscene, discriminatory, inflammatory, pornographic or profane material or content that may be offensive to other users of the website;
• post or disseminate any material unrelated to the use of the website, including files that may damage another person's computing devices or software;
• access, copy, collect, harvest or save information about other users, including personal information, or use the details of other users for anything other than the use expressly permitted by those users or these Terms;
• circumvent (or attempt to circumvent) security measures or attempt to gain access to our servers by any means whether by using administrator passwords or otherwise;
• attempt to disrupt, modify or interfere with the delivery of our service; or
• sell, redistribute or use information contained on our website for a commercial purpose.

All Liability Excluded

You acknowledge that any reliance on or use of this website and all Content contained on the website is at your sole risk. You acknowledge that such information or materials may contain inaccuracies or errors.

You are responsible to ensure that any beanbag or other products, services or information made available through our website meet your specific requirement.

To the fullest extent permitted by law, neither www.babybeanbags.com.au nor any of its officers, directors, employees, agents or licensors ("Related Parties") make any express or implied warranties, representations or guarantees whatsoever regarding this website, the Items offered on this website nor any of the website Content. Neither www.babybeanbags.com.au nor any of its Related Parties make any warranty or representation as to the accuracy, reliability, timeliness, performance, completeness or suitability of the information or materials found or offered on this website for any particular purpose. This website, the services and the Content are provided on an "as is", "where is", "where available" and "as available" basis.

We will not be liable for any loss or damage however caused (including any direct, indirect, punitive, incidental, consequential or special damages including loss of profits, loss of opportunity, loss of data or business interruption) that result from the use of (or the inability to use) this website, or your reliance on the website or its Content or any product or service supplied or made available on our website, even if we have been advised of the possibility of such damages.

No statement on this website shall be deemed to affect the statutory rights of a consumer which cannot be excluded or restricted by law.

Privacy

We are committed to safeguarding and respecting your privacy. Please refer to our Privacy Policy to understand how we treat your personal information.

Linking to this Website

We are happy for you to link to our website. You must ensure that any link is kept updated and does not portray us (or any information, material or services we may offer) in a false, misleading, derogatory or otherwise offensive manner. If we notify you that we object to the manner in which you provide links to our website, you must immediately stop providing such links. You must not frame this website or represent or imply that any part of the website belongs to anyone other than us.

Links to External Websites

The contents of our website may include links to third party websites and materials which are unrelated to us. These links are provided for your convenience only. When you click on one of these links, you are leaving our website and entering a third party site that we do not control. We will not be responsible for the content or performance of any third party site nor are we liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with any such third parties. You should carefully review the privacy policy of any linked website.

Our Right to Change These Terms

We may change these Terms of Use at any time. We also reserve the right to amend, vary or remove any information, services, products, material or any page of this website at any time and without notice.

Please read the Terms carefully and check back often. If you do not agree to any change we make to these Terms, then you must stop accessing and using this website. By continuing to access our website, you agree to be bound by the amended terms and conditions.

General

If you breach these Terms and we grant you time or take no action, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition.

If any of these Terms are held to be invalid, illegal or unenforceable for any reason, the remaining Terms will continue to have full force and effect.

Your use of this website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this website, including sending you electronic notices.

These Terms constitute the entire agreement between you and us in relation to this website and supersede all other prior or contemporaneous communications or displays whether electronic, oral or written.

Governing Law and Exclusive Jurisdiction

These Terms are governed by and will be construed in accordance with the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of the relevant courts of New South Wales, Australia.

Contact

If you have any questions, concerns or feedback, please get in touch with us by email to info@babybeanbags.com.au or by calling us on +61 (02) 8005 6155.

TERMS OF SALE

Welcome to the Baby Beanbags website. Our ABN is 24762443866 and our address is PO Box 3003, Monash Park, Gladesville 2111, Australia. These Terms of Sale set out the basis on which you can order and buy our baby beanbag or other item (Item) from our website.

The terms "you", "your" and "yours" when used in these Terms of Sale means you, as a user of our website.

Use of the Website

It is important that you read these Terms of Sale carefully before ordering any Item from us. These Terms of Sale, together with our Website Terms of Use and our Privacy Policy, govern our relationship with you in relation to your purchase of any Item from our website.

By placing an order for an Item through our website you agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, you must cease using this website.

Your Status and Eligibility to Purchase

By placing an order through our website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old. To make purchases through our website, you will be requested to provide certain personal information. You agree to provide your real name, phone number, billing address, e-mail address and any other personal information reasonably required as part of our registration process. Our Privacy Policy explains how we treat personal information provided by you.

When you order an Item, you will be required to provide payment details. You represent and warrant that the payment details you provide are both valid and correct and you confirm that you are the person referred to in the "billing information" provided.

Membership Registration and Accounts

In order to purchase an Item and make use of some of the features and services on our website, you will need to register. Registration is free and does not require you to purchase an Item from our website.

Our registration process requires you to provide certain information about yourself that is true, accurate, current and complete. Please refer to our Privacy Policy to understand how we treat your personal data.

By registering on our website, you agree to keep secure and confidential all usernames and passwords required to access our website. You agree to notify us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your account to another person or maintain more than one account with us without our consent. We may, in our sole discretion, suspend or terminate your account or limit your access to our website.

Shopping Online

We have made every effort to ensure the correctness of all details, photographs and descriptions relating to the Items on our website. We do our best to display, as accurately as possible, the relevant size, colours and textures of each Item. Please note however that the actual colours you see will depend on your computer monitor and browser and therefore we cannot guarantee that your monitor's display of any image is a completely accurate representation of the actual Item.

Product Information

We encourage you to read all the product details and information relating to each Item found on our website. Additional product use information is included in your parcel when you purchase a beanbag from us.

Please note:

• Our beanbags must be placed on flat surface when in use;
• Our beanbags must be kept at a safe distance away from any heat or naked flame.

It is the parent/ carer’s responsibility to:

• Supervise any baby or child placed on the baby beanbag at all times;
• Decide which beanbag seat cover should be used (taking into account, among other things, the baby’s weight, age, height and extent of physical activity).

Our Items are constructed from quality materials and meet all relevant Australian standards.

We do not guarantee that our Items are suitable for any baby or child who may be prone to allergies. It is your responsibility to ensure that the Item you wish to purchase meets your (and your baby's) specific requirement. If you have any questions or concerns, before purchasing any Item please contact us on +61 (02) 8005 6155 or by email to info@babybeanbags.com.au.

Availability

All orders are subject to availability of the Item or Items selected. Please note that there may be a delay between the time you place an order and the time when we accept your order, which may result in a change to the stock position relating to particular Items. We will notify you as soon as possible if an Item you have ordered becomes out of stock.

Order Process

You may order online or by calling us on +61 (02) 8005 6155.

All orders are subject to acceptance by us. When you place an order, your order constitutes an offer to buy an Item from us. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this email does not mean that your order has been accepted, rather it is an acknowledgment that we have received your order. Acceptance of your order will take place when your order is dispatched. We will email you that your order has been dispatched (Dispatch Confirmation). The contract between you and us will only be formed when we send you the Dispatch Confirmation.

We reserve the right not to accept your order if certain events occur, for example, we are unable to obtain authorisation for payment, an Item is out of stock or withdrawn, there is a system malfunction, shipping restrictions apply to a particular Item or you do not meet the eligibility criteria set out in these Terms of Sale.

Pricing

All Item prices are shown on our website in Australian Dollars. Please note that the price of any Item stated on our website excludes delivery costs. Delivery costs will be added to the total amount due at the final checkout page.

Although we make every effort to ensure that the prices stated on our website are correct, sometimes mistakes can occur. We will honour the Item price displayed on our website at the time your order is placed, except in the case of an obvious error.

Prices of Items may change from time to time so please carefully check the pricing information provided on our website to confirm the current price of any Item. Any price changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Payment Methods

Payment for all Items can be made by credit and/or debit card. We gladly accept Visa and Mastercard. Payment can also be made by PayPal and/or bank deposit to Baby Beanbags, St. George Bank, BSB: 112-879, Account Number: 485337583.

If you have paid on your credit or debit card, your payment card will be debited immediately.

We use eWay for payments. eWay automatically encrypts your confidential information in transit from your computer to ours using the Secure Sockets Layer protocol (SSL). This means that your payment card details are encrypted.

We take all reasonable care to keep the details of your purchase and payment secure but we will not be liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from this website.

By making an offer to purchase an Item, you expressly authorise us to perform credit checks and, where we feel it's necessary, to transmit or obtain information about you from third parties from time to time, including confirming your identity and validating your credit card.

Please note that if you pay for an Item using a payment card with a foreign currency denominated account, the account will still be taken in Australian Dollars at the conversion rate applied by your payment card company at the time of processing your order.

Customers outside Australia may also be liable for any import duty, tax, quotas, permits, product restrictions and other local requirements. Before placing an order, we suggest you verify what local requirements may apply to you.

Delivery within Australia

Please note that we can only send orders to a street address. We do not deliver to a PO Box address. A delivery address cannot be changed once we have dispatched your parcel. We will not be liable for any failure or delay to deliver an Item due to incorrect address information. We recommend that you provide a work address to ensure someone is available to receive the parcel in person. If using a work address, please include the business name.

We use Australia Post Express and other courier services for delivery of Items within Australia. Our delivery charges will be calculated at the final check-out page. Delivery usually takes between 2 to 5 working days. However, please note that deliveries may take longer than this if you have paid by bank deposit (as payment must first clear), during sales and other busy periods, if you live in a remote, regional area or due to circumstances beyond our control. If you have not received your delivery within 7 working days, please send us an email at info@babybeanbags.com.au or contact us on +61 (02) 8005 6155. Once you provide us with your full name and order number, we can give you your tracking number. In most cases, your parcel will be at your local post office and will require pick up.

All delivery times are based on working days and are to be used as a guide only. Whilst we make every effort to deliver Items as soon as we are able, we will not be liable for any failure or delay to deliver the Items within the estimated timescales.

International Delivery

Most of our Items can be shipped internationally, using standard delivery. Please note that we can only send orders to a street address. We do not deliver to a PO Box address. A delivery address cannot be changed once we have dispatched your parcel. We will not be liable for any failure or delay to deliver the Item due to incorrect address information. We are currently unable to offer order tracking on international orders.

We aim to deliver all international orders within 10 working days. However, please note that deliveries may take longer than this during sales and other busy periods or due to circumstances beyond our control, for example disruptive weather.

All delivery times are based on working days and are to be used as a guide only. Whilst we make every effort to deliver Items as soon as we are able, we will not be liable for any failure or delay to deliver the Items within the estimated timescales. If you have not received the Item ordered within 10 working days, please send us an email at info@babybeanbags.com.au or contact us on +61 (02) 8005 6155.

Import Restrictions and Custom Fees

Please note that some countries place restrictions on merchandise ordered from overseas and/ or charge additional import fees or customs duties. These charges are beyond our control. Please be aware that you will be responsible for any import duties, taxes or customs charges payable. We suggest that you contact your local government body prior to placing an order with us, so that you understand what restrictions may exist and/ or what possible additional payments may apply.

Cancelling Your Order Before Dispatch

If, for any reason, you wish to cancel an order before the Item has been dispatched, please send us an email at info@babybeanbags.com.au or contact us on +61 (02) 8005 6155. Please note however that requests for cancellations sent via email may not be actioned immediately which may result in the order being dispatched. If we have already dispatched your order, our Returns and Exchanges Policy (set out below) applies.

Returns and Exchanges Policy

We want you to be completely happy with your purchase. If for some reason you are not, we offer a 30 day "no quibble" money back satisfaction guarantee, whereby you can return the Item to us for exchange or a refund provided that you follow the procedure we have set out below:

• Before sending the Item back to us, please email us at info@babybeanbags.com.au and advise us that you would like to return the Item.
• Items must be returned to us within 30 days of receipt.
• Please ensure that any returned Item is securely repackaged. We recommend that you use an insured registered mail service as returns not received by us cannot be exchanged or credited to you.

Please note any refund will not include the original cost of delivery to you. Returning the Item to us will be at your cost except for Items returned due to a fault or damage which has been accepted by us.

Damaged or Faulty Items

In the unlikely event your Item is damaged during transit, was incorrectly sent or is faulty, we will happily arrange an exchange or a refund, provided that you follow the Returns and Exchanges Policy set out above in these Terms of Sale.

We also offer a 12 month warranty on the Items relating to materials and manufacturing faults.

We will reimburse the postage charge if you are returning an Item because it is faulty or damaged in transit. In these circumstances, the re-delivery of an Item is free or a full refund is offered.

Exceptions

Please note that gift cards and Items marked "Sale" (or similar), "Sample" or "Seconds", are unable to be returned to us for an exchange or refund.

Method of Refund

We normally provide any refund using the same method originally used by you to pay for your Item. Please allow up to 28 days (from the day you return the Item to us) for your refund to be processed. Note that it may take a further few days for the money to appear in your account depending on your bank or card issuer.

General

We may change these Terms of Sale at any time. We also reserve the right to amend, vary or remove any Items and any page of this website at any time and without notice.

Please read these Terms of Sale regularly. If you do not agree to any change we make to the Terms of Sale, then you must immediately stop using our website. Any changes made to our Terms of Sale after you have placed an order will not affect that order however, unless we are required to make the change by law.

Governing Law and Exclusive Jurisdiction

These Terms of Sale (together with our Terms of Use, Privacy Policy and all of our policies and procedures) will be governed by the laws of New South Wales, Australia and the relevant courts of New South Wales, Australia will have exclusive jurisdiction.