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Terms of Use & Service

Reference to “Babyccinos”, “we”, “us” or “our” is a reference to Babyccinos and the owners of this website.

Please read through the following terms and conditions (“Terms”) carefully as they govern the use and access to the website www.babyccinos.com.au (“Website”) and the purchase of any product/s.

 

Your acceptance

You agree to be bound by these terms by using, accessing or browsing any part of this Website, including through communicating with Babyccinos and participating in any Babyccinos forums, promotions, subscriptions, purchases, specials and/or programs (“Services”).

 

General disclaimer

You should be aware that the information on this Website and these Terms are subject to change. 

We recommend that you read these Terms each time you access the Website and definitely before you place future orders.  The information on this Website and/or these Terms may be different and will apply to your use or order/s. 

For clarity, the Terms that are in place at the time you place an order will apply to that order.

 

Limitation of Liability

Subject to your rights under the Australian Consumer Law, you understand and agree that:

  • neither Babyccinos, or its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages, costs, loss or liability arising or in any way related to the use of this Website and/or any other site linked to this Website unless Babyccinos has acted in breach of the Terms. This limitation applies to all and any direct, indirect, consequential, special, exemplary, punitive or other damages or liability that you or others may suffer, as well as damages for loss of profits or revenue, legal costs, loss of use, business interruption, loss of information or data and whether arising in contract, under statute, tort or otherwise;  our liability in respect of any non-excludable warranties, guarantees or conditions relating or arising from the Website, is limited to the resupply or repair of the relevant good or service or paying you the reasonable cost of doing so, and where permitted under law, at our discretion; and
  • otherwise, we limit any and all of our liability to AUD$100.

 For avoidance of doubt, if you are a consumer, nothing in these Terms affects your rights to terminate this Agreement in the event that you reject the goods under s.259 of the Australian Consumer Law.

 

Your Account and Password

You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password.

 

Access and communication

We use reasonable efforts to ensure the integrity of the Website by using virus checking software.  However, we do not and cannot guarantee or promise that the delivery, safety or security of communications over the internet, the Website or your computer systems. 

We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.

 

Privacy

Any personal information submitted by you via the Website will be handled in accordance with our Privacy Policy which can be found at https://www.babyccinos.com.au/Home/PrivacyPolicy

 

Intellectual Property

Except in relation to Submitted Material (defined below), all intellectual property rights, in the Website, the Services and all components of it are controlled, owned or licensed by us. You are not permitted to use or copy any trademarks, logos, service names or trade names appearing on the Website.

 

Website Licence

Babyccinos grants you a non-exclusive and non-transferable licence to use the Website for your own personal use only and subject to these Terms and any other terms and conditions on the Website. 


3rd Party Service Providers

In order to provide the Website and other services to you, we use and need the assistance of a number of 3rd party service providers.  As such, the provision of this Website and our services is subject and conditional upon the provision of the various services by 3rd parties.  You agree to be bound by the relevant 3rd party service providers terms and conditions of supply. For example and avoidance of doubt, you hereby agree to be bound by Comodo’s SSL Relying Party Agreement (available at: www.comodo.com) so that we may encrypt information you provide when making an order.

 

User Content Submissions

The Website contains facilities for exchange of information with other users of the Website (“Reviews”). In using, and contributing material to cafe reviews, you must comply with these Terms and all policies, guidelines and directions published by Babyccinos from time to time.

Babyccinos is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, you need to take care before making any decisions based on information posted on the website. The information is not produced, approved or promoted by us. You agree to exercise appropriate judgment in obtaining or using information from the Website, including ascertaining the currency of information.

Babyccinos does not and cannot review all communications and materials posted to or created by users accessing the website and it excludes all liability in respect of the content of these communications and materials. If you have a complaint regarding any material displayed in a review or otherwise communicated through the Website, Babyccinos’s sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.


Babyccinos’s Licence to use Submitted Material


By uploading material to any review or otherwise submitting any material through the Website (“Submitted Material”), you automatically grant (or warrant that the owner of such materials expressly grants) Babyccinos a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by Babyccinos for purposes including (without limitation) marketing, research and development of goods and services.

To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Babyccinos, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.

You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.

Babyccinos reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:
(i)   abusive, defamatory, or obscene;
(ii)  fraudulent, deceptive, or misleading;
(iii) in violation of a copyright, trademark or other intellectual property right of another;
(iv) in violation of any law or regulation; or
(v)  offensive or otherwise unacceptable to Babyccinos.

 

Prohibited Uses

In using the Website and Services you must not:
(a) engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;
(b) impersonate or falsely claim to represent a person or organisation;
(c) defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property  or  publicity;
(d) post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful;
(e) post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan , worm or other harmful or disruptive component;

(f) not link to any part of the websites or frame or use any framing techniques to capture any part of the Website; or

(g) use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the Website, or use any manual process to copy the Websites or content contained thereon;

(h) access and/or or attempt to access any part of this Website you are not authorised to, including by passing network firewalls; or

(i) attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, including automated tools.

 

Termination

Babyccinos may at any time immediately terminate your membership or access to the Website at any time in its sole discretion and with prior notice if reasonable in the circumstances.  You may at any time terminate your membership or access to the Website at your sole discretion and with prior notice if reasonable in the circumstances.

 

Consent To Receiving Commercial Electronic Messages

If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.

 

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms and so that the remaining Terms remain in full force and effect.

 

Applicable laws

This policy is governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.

 

Conditions of sale

Order confirmation via email

Once you have placed an order via our website you will receive a confirmation email. This is automatically generated. Please check this confirmation email and contact us within 24 hours if there are errors or changes that need to be made.

For all orders that are returned due to an incorrect address, you will be charged a fee to cover repacking and postage to the new address.

If your package is going to a workplace, please include the business name so that it arrives promptly.

You will receive a second confirmation email once goods are have been sent.

 

P.O. Boxes and Parcel Lockers

The couriers we use will not deliver to P.O. Boxes or Parcel Lockers (unless specifically arranged by you through your AusPost eParcel account (applicable to AusPost deliveries ONLY, additional charges may apply).

Please ensure a full address is entered in the checkout process.

 

International Shipping

Unfortunately Babyccinos will not ship internationally (outside Australia) at this time.

 

Shipping Delivery Information

Metro NSW, VIC, QLD, TAS, SA: 2 – 7 business days

Regional NSW, VIC, QLD, TAS, SA: 3 – 10 business days

WA & NT: 5 – 15 business days

Large / Bulk goods: 5 – 15 business days

 

Product Availability

All our products advertised should be in stock unless stated otherwise.

Returns

Please be mindful when purchasing online as colours may vary from screen to product purchased. If you are unsure about the colour of a certain product, please email info@babyccinos.com.au and we will be happy to help. Please note that we only offer exchanges on "change of mind" goods, if the item has been unopened, unused and in their original packaging at the shipping cost of the purchaser.

Unwashed and unused items in their original condition may be returned or exchanged once approved by our Customer Service Team within 14 days of order receipt.

Once your Return has been approved please post your item along with your Order Confirmation Number to:

 

Babyccinos

PO Box 456

Greensborough

VIC 3088

Australia

 

As Babyccinos is not liable for the loss of an item being returned we recommend that you return it using registered mail.

 

Refunds

Babyccinos does not offer refunds on goods due to change of mind. We will only offer a refund if the product is faulty beyond repair or if an alternate style is unavailable for exchange.

Refunds will be processed using the original tender type. EFTPOS/Credit Card refunds must be processed against the original card details (the exact card used to make the original purchase).

Sale items are subject to the same returns policy.

Please note that Refunds can take up to 15 working days to process.

 

Order changes and cancellations

Order changes or cancellations can only be accepted if your order has not already been dispatched. You may cancel or make changes to your order via email, or by phoning the office. Orders are usually dispatched within 2 working days.

 

Faulty items

All products are checked prior to posting. If the product has a major fault then you may choose either a full refund or replacement. You have up to thirty (30) days, from the date your order arrives, to notify Babyccinos about an issue with your purchase along with a photo of the fault.

If you are returning or exchanging a faulty, damaged or incorrect item we will pay for the packaging and postage costs.

However, we are unable to offer free delivery for 'change of mind' returns or exchanges.

For further assistance, please contact info@babyccinos.com.au