This Agreement is between You, the user and/or visitor to the Website (whom we refer to as “You” or “Your” in this Agreement) and Baby Bistro Pty Ltd ABN 91 154 865 764 (we refer to ourselves as “Us”/”We”/”Our” in this Agreement).
By accessing and using the Website, including placing any Order via the Website, You agree to be bound by the terms and conditions in this Agreement (Terms), which may be varied by Us from time to time. Words which are capitalised may be defined in clause 1.
1.1. In the Agreement, unless the context otherwise requires:
Agreement means the agreement between Us and You relating to the Products pursuant to the Terms;
Credit Note means the creation of a right by Us in You to receive credit toward the Product Sale Price or other charges imposed pursuant to this Agreement;
Delivery Address means an address provided by You which is in the Delivery Zone and to which We will deliver, or arrange for the delivery of, the Products the subject of an accepted Order;
Delivery Instructions means the reasonable instructions You provide to Us relating to delivery of the Product at the Delivery Address;
Delivery Zone means the Melbourne metropolitan area;
GST has the meaning defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Guarantee means a guarantee for the purposes of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Order means an offer made by You via the Website to purchase one or more Products;
Product means any good sold by Us via the Website;
Product Information means all information relating to a Product supplied by Us including, but not limited to, description, ingredients, nutritional information, directions for use, use-by / best-before date(s), warnings;
Product Sale Price means the GST inclusive price for the Product as stated on the Website as at the date of the relevant Order;
Standard Delivery Date means prior to 5pm of the first Saturday following the placement of an Order by 11am on Tuesday of any week. For the avoidance of doubt, the Standard Delivery Date for an Order placed after 11am on Tuesday of any week is the second Saturday after placement of such an Order;
Terms means the terms and conditions of this Agreement as varied by Us from time to time;
Us / We / Our / Our means Baby Bistro Pty Ltd ABN 91 154 865 764 and/or Our assigns;
You / Yours means a visitor and/or user of the Website aged 18 years or over.
2. — USE OF THE WEBSITE
2.1. You must not use the Website for any purpose other than that for which it is intended to be used generally, or for any malicious purpose.
2.2. You must not copy, distribute, commercialise or otherwise use any Website content otherwise than as permitted by law, the Terms, or by Our consent.
2.3. You must not access, or attempt to access, the Website from any place or in any circumstance where such access may be illegal.
2.5. Any information on the Website, except Product Information, is general in nature and should not be relied upon without first seeking appropriate professional advice.
2.6. Any photographs or other visual depictions appearing on the Website or otherwise in relation to any Product are intended to be indicative only.
2.7. We may suspend, terminate, disable or block access to the Website. We do not warrant that the Website will be available at any particular time.
3.1. We manufacture and/or sell the Products via the Website.
3.2. Product Information concerning the Products is available on the Website. We use Our best endeavours to ensure that all Products sold by Us are of the highest quality. To the best of Our knowledge and belief, and based on the information available to Us, We do not sell Products which contain artificial colours, flavours or preservatives.
3.3. We endeavour to use only organic ingredients in those Products manufactured by Us. In the event that organic ingredients are not available to Us for any reason, We reserve the right to substitute other high quality suitable ingredients which may not be organic. Where possible, all ingredients, including their status as organic or otherwise, will form part of the Product Information from time to time.
3.4. Product Information concerning Products which We do not manufacture may be provided to Us by one or more third parties. Whilst we take every opportunity to verify such Product Information, We rely on the information provided to Us by third parties and We do not accept liability for errors or inaccuracies in such Product Information.
4. ORDERS FOR PRODUCTS
4.1. You may place an Order for one or more Products via the Website.
4.2. To place an Order, You must supply to Us, via the Website, certain information as We determine from time to time including your name, telephone number, email, and a valid Delivery Address.
4.3. Any Order placed constitutes an offer to purchase the Products the subject of the Order, which We may accept or reject in Our absolute discretion. Without limitation, We will not accept an Order if You do not provide Us with the required information, including a valid Delivery Address.
4.4. If We accept an Order, We will endeavour to supply and deliver the Products subject to, and in accordance with, the Terms. If a Product the subject of an Order which We have accepted is not available, We may offer you an alternative Product. If the alternative Product is not acceptable to You, We will not charge You the Product Sale Price for that Product or will otherwise refund that Product Sale Price, or provide a Credit Note, as soon as reasonably practicable.
4.5. Subject to providing Us with 48 hours’ notice prior to the Standard Delivery Date, You may cancel an Order, in which case We will not charge You the Product Sale Price for the Products the subject of the Order or will otherwise refund the Product Sale Price as soon as reasonably practicable.
4.6. In consideration of the promise by Us to supply and deliver the Products, You agree to pay Us the Product Sale Price and any other charge We impose pursuant to the Terms which will include, but may not be limited to, GST.
4.7. Without limitation of any other right We may have, We reserve the right to remove from sale, and from the Website, any Product, or to amend or replace any Product Information.
4.8 It is Your responsibility to cancel subscribed orders
4.9 If a subscribed order is not cancelled prior to the order date You will be charged and the order will be placed automatically. The order will not be refunded by Baby Bistro
5.1. Orders may be accepted by Us automatically via the Website immediately upon You submitting an Order, or otherwise by Us within a reasonable time after the Order is placed.
5.2. On accepting an Order We may charge You the Product Sale Price.
5.3. All charges imposed by Us on acceptance of an Order must be paid by credit card using a secure site nominated by Us, by Paypal, or by direct deposit to Our nominated bank account.
5.4. We will issue, or cause to be issued to You, an invoice or receipt in respect of any payment(s) You make to Us.
5.5. We will not dispatch for delivery any Product until such time as payment in full of the Product Sale Price and any other charge has been received by Us.
6. DELIVERY OF PRODUCTS
6.1. We will only deliver Products to a valid Delivery Address.
6.2. We will use Our best endeavours to effect delivery of the Products to the Delivery Address during the Standard Delivery Date in accordance with any Delivery Instructions.
6.3. We reserve the right to vary the Standard Delivery Date upon reasonable notice to You.
6.4. We will deliver the Product frozen and in good condition. If the delivered Product is not frozen, or otherwise in a condition that is not acceptable to You, You must not accept delivery of the Product and contact Us as soon as reasonably practicable.
6.5. We reserve the right to refuse to effect delivery of the Product at the Delivery Address if we reasonably determine that the Delivery Instructions are not appropriate for any reason.
6.6. Subject this clause, We do not deliver outside the Standard Delivery Date otherwise than by special arrangement. If We agree to deliver outside of the Standard Delivery Date, at Your request, We may charge You an additional amount as reasonably determined by Us.
6.7. We will only endeavour to effect delivery of the Product on a single occasion.
6.8. We reserve the right to refuse delivery of the Products at the Delivery Address if You do not comply with clause 7. If We refuse delivery pursuant to this clause, You agree that We shall not be liable to refund, or otherwise provide You with any credit against, any charge imposed by Us pursuant to these Terms.
7. ACCEPTANCE OF DELIVERIES
7.1. You must ensure that the Delivery Address is safe and otherwise in a condition that enables Us to deliver the Products without undue interference or impediment.
7.2. We recommend that You ensure that someone is available at the Delivery Address during the Standard Delivery Date to accept delivery of the Products being delivered. If no person is available to accept delivery of the Products being delivered, We will, subject to the Terms, effect delivery in accordance with the Delivery Instructions by leaving the Products in appropriate packaging with ice gel, dry ice or other suitable packaging material or cooling agent determined by Us.
7.3. By accepting delivery of the Product, or allowing delivery of the Product by Us in accordance with Delivery Instructions, You acknowledge that the Product was delivered frozen and in good condition.
7.4. On accepting delivery of the Product, including by way of allowing delivery of the Product by Us in accordance with Delivery Instructions, You assume responsibility for the delivered Products and warrant to Us that you will promptly comply with any and all use instructions relating to the Product including, but not limited to, ensuring that the Product remains frozen until its intended use.
8. REFUNDS AND CREDIT NOTES
8.1. We will refund the Product Sale Price and any other charge imposed by Us in relation to a Product if:
8.1.1. an administrative or technical error has caused an incorrect Product Sale Price to be charged to You (in relation to which we have received payment); or
8.1.2. Product Information in respect of a Product purchased by You was fundamentally in error
8.2. All requests for refunds must be sent to firstname.lastname@example.org together with details of the Product in relation to which a refund is sought and also the reason for the refund request.
8.3. In circumstances other than those referred to in clause 8.1, we may, at our sole discretion, refund a the Product Sale Price, or provide a Credit Note, to You if We determine that it is appropriate in all the circumstances to do so.
8.4. We will not generally refund, or provide a Credit Note, if:
8.4.1. the Product is past its use-by or best-before date when the refund is requested;
8.4.2. the Product has been tampered with;
8.4.3. You fail to cancel an Order with at least 48 hours’ notice prior to the Standard Delivery Date of the Product;
8.4.4. You failed to read these Terms or the relevant Product Information;
8.5. If We determine to provide You with a refund or Credit Note due to some alleged deficiency with the Product, We reserve the right to require You to return some or all of the Product to Us at Our expense.
9. LIMITATION OF LIABILITY
9.1. Subject to this clause 9, and to the extent permitted by law, We and Our employees, contractors or agents accept no liability arising out of the supply or non-supply of the Products or otherwise by virtue of this Agreement, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of Us, Our employees, contractors or agents, in which case Our liability shall be limited to, as we determine:
9.1.1. the replacement of the Products or the supply of equivalent Products; or
9.1.2. the payment of the cost of replacing the Products or of acquiring equivalent Products.
9.2. Our liability for failure to comply with a Guarantee shall be limited to, as we determine:
9.2.1. the replacement of the Products or the supply of equivalent Products; or
9.2.2. the payment of the cost of replacing the Products or of acquiring equivalent Products.
9.3. Nothing in this clause 9 shall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
10.1. A waiver of, or failure by Us to enforce, a right arising under the Agreement by Us does not affect any other of Our rights, whether arising under the Agreement or otherwise.
10.2. If any clause of the Agreement is invalid or unenforceable in any jurisdiction it is to be read down for the purposes of that jurisdiction so as to enable it to be valid and enforceable and otherwise, and to the extent of any invalidity, shall be severed without effecting, to the extent possible, the validity and enforceability of the remaining clauses of the Agreement.
10.3. If performance of any obligation arising under the Agreement is prevented or delayed, wholly or in part, by reason of an act of nature, or the consequence thereof including, but not limited to fire or flood, delays or damage in transportation or other causes beyond the control of Us, either or both of Us or You may:
10.3.1. perform the Agreement (or the unperformed part thereof) within a reasonable time from the removal of the cause preventing or delaying performance; or
10.3.2. rescind unconditionally, and without liability, the Agreement (or the unperformed part thereof).
10.4. The Agreement contains the entire Agreement between Us and You with respect to its subject matter and supersedes all prior communications, arrangements, conduct and/or agreements.
10.5. The Agreement shall be governed by, and construed in accordance with, the laws for the time being in force in the state of Victoria and Us and You submit to the non-exclusive jurisdiction of the courts of that State.
10.6. Unless otherwise stated in the Agreement, any clause of the Agreement which expressly, or by implication from its nature, is intended to continue, will survive the expiration or termination of the Agreement.
10.7. We may vary these Terms at any time without notice.
10.8. We reserve all Our rights to the extent that they are not reserved by the Terms.