Terms and Conditions of sale

Last Updated: 31 May 2017

General Terms and Conditions of Sale: September Baby

These are the General Terms and Conditions of Sale (Conditions) for all products and services available for sale by Megan Maree Emery trading as September Baby (ABN 59 857 618 106) (September Baby) (“we”, “us” and when relating to us, “our”), including products and services available for sale on the website www.septemberbaby.com.au owned and operated by September Baby (Website).

These Conditions apply to all transactions between the purchaser (“you”) and September Baby, including all quotations, offers, orders or sales.

These Conditions (which will only be waived or varied in writing signed by September Baby) will prevail over all conditions of the transaction to the extent of any inconsistency.

Please read these Conditions carefully. By checking the box marked “I Agree” or “I Accept”, or otherwise completing a purchase with September Baby, you indicate that you have read, understood and agree to be bound by these Conditions.

Please read this document carefully and contact us at [email protected] if you have any questions.

  1. Definitions
    Unless otherwise stated, the terms in these Conditions have the following meaning:
    Afterpay means Afterpay Pty Ltd (ACN 169 342 947)
    Agreement means your agreement with September Baby made on your acceptance (in accordance with these Conditions) of September Baby’s offer contained in these Conditions
    Conditions means these General Terms and Conditions of Sale, as updated or amended from time to time
    Dispute means any dispute arising out of or in relation to this Agreement or these Conditions
    EFT means electronic funds transfer
    Intellectual Property Rights means any rights belonging to September Baby, or to which September Baby is entitled, in relation to its business, the Website and any products or services on the Website
    Notice means a notice in writing delivered by hand, post or email to the last-known address of the party to whom it is addressed
    Parties means the parties to this Agreement
    PayPal means PayPal Australia Pty Limited (ABN 93 111 195 389)
    Purchase Price means the purchase price determined by September Baby for any product or service, inclusive of all applicable taxes, duties or levies (including GST)
    September Baby means Megan Maree Emery trading as September Baby (ABN 59 857 618 106)
    Website means the website located at www.septemberbaby.com.au, which is owned and operated by September Baby
  2. eCommerce
    A. While September Baby takes every care in collating and organising the content on the Website, including details, descriptions and prices of products and services which appear on the Website for sale, you acknowledge that errors may occur.

    B. September Baby may elect not to fill any order (or part of an order) that you have placed where the Website contains errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

  3. Payment
    A. You agree to pay the Purchase Price for any product or service to September Baby.

    B. Where the option is given to you, you may make payment by way of:
    a. EFT into our nominated bank account;
    b. Credit Card payment;
    c. PayPal;
    d. Afterpay; or
    e. any other method of payment accepted by September Baby from time to time.
    C. In making any payment, you warrant that you have read, understood and agreed to be bound by the terms and conditions of any payment gateway or processor (such as PayPal or Afterpay) which are available on their respective websites.

    D. You acknowledge and agree that payment of the Purchase Price is a condition of this Agreement, any breach of which will give rise to a right of termination. You further acknowledge and agree that where a request for payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the purchase and that September Baby may immediately stop delivery of any goods, or withdraw access to any services, unpaid for.

    E. You agree and acknowledge that September Baby can vary the Purchase Price for any product or service at any time on notice, and that such notice is given by posting the updated price on the Website.

    F. September Baby may, at its option and without prejudice to any of its rights, either suspend delivery, require payment in a particular form or terminate this Agreement by Notice to you where you:
    a. default on any payment due under this Agreement;
    b. commit an act of bankruptcy; or
    c. in the case of a company, become subject to:
    i. a petition, an order being made or a meeting being called to consider a resolution for you to be wound up, deregistered or dissolved;
    ii. a receiver, receiver and manager or an administrator is appointed to all or any part of your property and undertaking;
    iii. the entering of a scheme of arrangement (other than for the purpose of restructuring); or
    iv. any assignment for the benefit of creditors.

  4. Gift Cards
    A. Unless otherwise stated in any other relevant document, any gift card issued by September Baby is subject to the terms and conditions set out in this clause.

    B. Gift cards are issued by September Baby electronically on the Website and may be redeemed by entering the unique coupon code at checkout.
    C. Gift cards are redeemable for products and services sold on the Website only. Gift card credit is unable to be applied toward the cost of postage on any order.

    D. Gift cards may be redeemed for 12 months from the date of purchase. Gift cards will expire after this date and will be unable to be redeemed, replaced or refunded.

    E. Gift cards are issued for the initial credit amount only and are not able to be topped up or reloaded.

    F. Gift cards are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

  5. Discounts
    A. Unless otherwise stated in any other relevant document, any offer by September Baby to provide any goods or services at a discounted, reduced or promotional price is subject to the terms and conditions set out in this clause.

    B. Discounts are applicable to the Purchase Price stated on the Website as at the date the offer is made.
    C. Discounts may be claimed by entering the unique coupon code at checkout.

    D. Discounts are not available in conjunction with any other offer.

    E. Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last.

    F. Discounts are available on the goods or services stated, or else on full priced goods or services only.

    G. Unless otherwise stated, discounts are not available on purchases made using gift cards or store credit.

    H. Discounts are offered by September Baby in its absolute discretion and September Baby reserves the right to revoke any discount offer at any time without notice.

  6. Store Credit
    A. September Baby may issue you with store credit in accordance with these Conditions, or otherwise within its absolute discretion. Unless otherwise stated in any other relevant document, store credit is subject to the terms and conditions set out in this clause.

    B. Store credit is redeemable for products and services sold on the Website only.
    C. Store credit will be applied to your account on the Website. If you do not have an account on the Website, you will be required to create an account prior to store credit being provided.

    D. Store credit may be redeemed by logging in to the Website, proceeding to checkout and selecting the option to apply store credit to your purchase.

    E. Store credit is unable to be applied to postage on an order.

    F. Store credit may be redeemed for 12 months from the date of issue. Store credit will expire after this date and will be unable to be redeemed, replaced or refunded.

    G. Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

  7. Postage and Delivery
    A. September Baby posts products within Australia only. September Baby may post products internationally within its absolute discretion. Requests for international postage should be made by email to [email protected] prior to purchase and will be subject to additional postage costs. September Baby reserves the right to cancel and refund any order requiring postage outside Australia.

    B. Products within the ‘Build A Gift Box’ section of the website are sent via standard mail including tracking with Australia Post and are subject to Australia Post’s General Terms & Conditions, a copy of which is available at https://auspost.com.au/terms-conditions. All other products are internationally supplied and are sent via E-Parcel.

    C. You agree to pay to September Baby postage fees in the sum of $10.00 for orders up to 5kg in weight, in addition to the Purchase Price. Should your order exceed 5kg in weight, September Baby reserves the right, in its absolute discretion, to charge additional postage fees in accordance with the current fees and charges charged by Australia Post.

    D. You acknowledge and agree that payment of postage fees in accordance with this clause is a condition of this Agreement, any breach of which will give rise to a right of termination. You further acknowledge and agree that where a request for payment of postage fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the purchase and that September Baby may immediately stop delivery of any goods, or withdraw access to any services, unpaid for.

    E. You acknowledge and agree that September Baby can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.

    F. September Baby will endeavour to dispatch orders within 48 hours of purchase. This handing period may vary, for example, if gift wrapping has been requested, due to a high volume of orders or internationally supplied products have been purchased. You acknowledge and agree that handling times may vary and that September Baby will not be liable for any delay in dispatch of your order.

    G. Products within the ‘Build A Gift Box’ section of the website will be delivered in accordance with Australia Post’s estimated delivery times (currently approximately 1-3 business days from dispatch for regional and metropolitan areas, or 2-7 business days from dispatch from deliveries in WA, NT and rural areas). Internationally supplied products may take between 20-49 days.

    H. You can track your order using the Australia Post website’s tracking system available at https://auspost.com.au/parcels-mail/track.html#/track or the link in your ‘order complete’ confirmation email. Internationally supplied products are not trackable on the customers end. For any questions please contact [email protected] or message us via Facebook Messenger on our Official Facebook Page.

    I. While September Baby endeavours to keep dispatch and delivery dates, any delay of dispatch or delivery, for any reason whatsoever, will not entitle you to claim for any consequential loss or damage or to cancel, rescind or terminate this Agreement.

    J. Should circumstances beyond the control of September Baby prevent or hinder dispatch or delivery, September Baby will be free from any obligation to deliver goods while such circumstances continue. For as long as such circumstances exist, September Baby may, at its option, cancel, rescind or terminate all or any part of this Agreement or keep the Agreement on foot until such circumstances have ceased. Such circumstances beyond the control of September Baby include, but are not limited to: strikes, lockouts, rebellions; flood; fire; extreme weather events; acts of God; shortages of raw materials; Government decrees, proclamations or orders; transport difficulties; and failures or malfunctions of computers or other information technology systems.

    K. In the event of non-delivery, you must contact September Baby within five (5) business days of the estimated date of delivery (calculated in accordance with this clause). Non-delivery issues will be lodged with Australia Post for investigation in accordance with their Terms and Conditions.

    L. It is your responsibility to ensure that your postal address details are correct and that Australia Post can deliver to your address. September Baby will not be responsible for any incorrect or failed delivery due to your failure to provide current, accurate postal address details.

    M. If an item is undelivered due to your error and returned to September Baby, any further postage fees incurred by September Baby for arranging the return of the item and the re-shipping will be payable by you prior to the item being re-shipped. September Baby reserves the right, in its absolute discretion, to terminate this Agreement and issue a refund or replacement of your order in accordance with these Terms and Conditions.

    N. If an item is deemed undeliverable by Australia Post, it may be disposed of in accordance with Australia Post’s Terms and Conditions. September Baby will not be responsible or liable in any way for the sale, destruction or other disposal of the item.

    O. In the event of items lost or damaged in transit, you agree that September Baby’s liability will be limited to that which it is able to recover from Australia Post, less its reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

  8. Risk
    A. Risk in each order will pass to you upon delivery of that order to you. If you have authorised September Baby and its agents, suppliers or Australia Post to leave your order unattended at the delivery address, the order will be deemed delivered on leaving the order at the address.

    B. Where, in accordance with these Conditions, September Baby accepts return of any goods, risk in those goods will revert to September Baby upon delivery of the goods to September Baby.

  9. Advice and Information
    Any advice, recommendation, information, assistance or service given by September Baby in relation to goods sold or manufactured by September Baby or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and September Baby does not accept any liability or responsibility for any loss suffered as a result of your or any other person’s reliance on such advice, recommendation, information, assistance or service.
  10. Australian Consumer Law
    A. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

    B. The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision of goods and services by September Baby on the Website, which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. September Baby does not exclude these rights but does exclude all other conditions and warranties implied by custom, law or statute. The terms in these Conditions that exclude or limit September Baby’s liability will apply only to the extent permitted by law. These Conditions must be read and construed subject to any such statutory provisions. These Conditions do not affect the rights, entitlements and remedies conferred by the Australian Consumer Law.
    C. Where September Baby makes a supply of products to you for the purposes of the Australian Consumer Law, if September Baby or any of its employees, sub-contractors or agents fails to comply with any condition, warranty or guarantee, including a consumer guarantee under Division 1 of Part 3-2 of the Australian Consumer Law (other than a guarantee under section 51, 52 or 53), then September Baby’s liability for breach of the guarantee is limited, at September Baby’s option, to:
    a. replacement of the products or the supply of equivalent products;
    b. repair of the products;
    c. payment of the cost of replacing the products or acquiring equivalent products; or
    d. payment of the cost of having the products repaired;
    e. such other remedy as is fair and reasonable in the circumstances and which September Baby is ready and willing to provide
    and in any case, September Baby will not be liable for any consequential loss or damage or other direct or indirect loss or damage.

    D. Where September Baby makes a supply of services to you for the purposes of the Australian Consumer Law, if September Baby or any of its employees, sub-contractors or agents fails to comply with any condition, warranty or guarantee, including a consumer guarantee under Division 1 of Part 3-2 of the Australian Consumer Law, then September Baby’s liability for breach of the guarantee is limited, at September Baby’s option, to:
    a. supplying the services again;
    b. payment of the cost of having the services supplied again; or
    c. such other remedy as is fair and reasonable in the circumstances and which September Baby is ready and willing to provide
    and in any case, September Baby will not be liable for any consequential loss or damage or other direct or indirect loss or damage.

    E. In circumstances where the Australian Consumer Law does not apply, September Baby will only provide a refund if:
    a. September Baby is unable to continue to provide the products or services;
    b. September Baby makes a decision, in its absolute discretion, that it is reasonable to do so under the circumstances; or
    c. otherwise in accordance with these Conditions.

  11. Refund Policy and Procedure
    A. This refund policy is additional and supplementary to the rights stated in relation to the Australian Consumer Law above and does not affect the rights, entitlements and remedies conferred by the Australian Consumer Law.

    B. If you are unhappy with your order, you may return the item in exchange for store credit within seven (7) days of receipt. September Baby will not offer a refund on purchase where you have changed your mind or made an incorrect choice, whether before or after delivery, so please choose carefully.
    C. If goods are damaged in your possession, September Baby will not be responsible for repair, replacement or refunds of the goods.

    D. If you receive a damaged or faulty item, you must email photographs to [email protected] within seven (7) days of receipt. Where September Baby is satisfied of a legitimate claim, September Baby will refund your order or supply you with a store credit to the value of your order plus 10%. Orders paid with Afterpay are entitled to a full refund. Refunds will be made using the same method as was used at checkout.

    E. To claim your refund or store credit, you must post the damaged or faulty item to September Baby within fourteen (14) days of lodging a claim with September Baby. Items are to be posted together with a copy of your invoice and completed returns form, which will be available to download along with a postage label. Please note that the postage label is not a prepaid postage label and customers are responsible for all postage costs associated with returns. Where September Baby is satisfied of a legitimate claim, September Baby will reimburse postage costs using the same method as was used at checkout. In order for postage costs to be reimbursed, you must include your postage receipt with the returned item or email a copy of your postage receipt to [email protected] on the date of posting. We recommend that you track and/or insure your delivery, as September Baby will not be liable if the item is lost or damaged in transit (see clause, Risk).

    F. Returned items (other than items found to be damaged or faulty by September Baby) must be unused, unwashed, odourless, in original packaging and have original tags attached. Failure to return items in this condition will result in the item being returned to sender and a claim for any further postage costs incurred being made. Items are to be posted together with a copy of your invoice and completed returns form, which will be available to download along with a postage label. Please note that the postage label is not a prepaid postage label and customers are responsible for all postage costs associated with returns.

    G. Once we have received a returned item, a store credit or refund (in accordance with these Conditions) will be made within seven (7) business days. To receive store credit, you must create an account on the September Baby Website. Please ensure that you do this prior to returning your item, as a delay in creation in your account will result in a delay in processing your store credit.

    H. For store credits and refunds not processed within seven (7) business days, please follow up by email to [email protected] You agree and acknowledge that September Baby will not be liable for any delay in processing of a refund or store credit.

  12. Intellectual Property
    You acknowledge and agree that all Intellectual Property Rights owned by September Baby before and after this Agreement will remain the sole property of September Baby and that nothing in this Agreement transfers any ownership in Intellectual Property Rights to you.
  13. Dispute Resolution
    A. If a dispute arises out of or relates to this Agreement or Conditions, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless this clause has been complied with (except where urgent interlocutory relief is sought).

    B. A party to this Agreement claiming a dispute (Dispute) has arisen under the Agreement, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    C. On receipt of that notice (Notice) by that other party, the parties to the Agreement (Parties) must:
    a. Within thirty (30) days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    b. If for any reason whatsoever, fourteen (14) days after the date of the Notice, the Dispute has not been resolved, the Parties must agree upon selection of a mediator;
    c. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    d. The mediation will be held in Victoria, Australia.

    D. All communications concerning negotiations made by the Parties arising out of this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

    E. If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

  14. Privacy
    September Baby takes your privacy seriously and any information provided for the purpose of establishing this Agreement is subject to September Baby’s Privacy Policy, which is available on the Website.
  15. Independent legal advice
    Both parties confirm and declare that:
    a. they have read and understood the Conditions;
    b. the Conditions are fair and reasonable;
    c. they have taken the opportunity to obtain independent legal advice or, having been afforded the opportunity to obtain independent legal advice, have chosen not to do so;
    d. they have been afforded the opportunity to negotiate changes or amendments to the Conditions; and
    e. the Conditions are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  16. Variation
    September Baby reserves the right, in its absolute discretion, to review and change these Conditions by updating this document. You agree that notice of the amended Conditions will be given to you by posting a copy on the Website or otherwise make a copy of it available to you, and that changes to the Conditions take immediate effect from the date of notice. Before you continue, we recommend you keep a copy of the Conditions for your records.
  17. Severance
    If any part of these Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Conditions shall remain in force.
  18. Termination
    This Agreement may be terminated and performance of services or delivery of goods cancelled at any time by September Baby on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, September Baby will refund any amounts paid by you in respect of undelivered goods or services.
  19. Jurisdiction
    This Agreement is governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to this Agreement or Conditions, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement or Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.

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