Terms of service

TERMS AND CONDITIONS

The Terms and Conditions constitute a legally binding contract between the customer (“you”) and Omababy G&E Pty Ltd (“Omababy”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from www.omababy.com.au (“Website”) and/or the use of this Website.

Please read the Terms and Conditions Carefully before placing your order. These Terms and Conditions contain important information about the ordering, processing fulfilment and delivery of Goods.

1. OVERVIEW

a. This Website is operated by Omababy. Throughout the site, the terms “we”, “us” and “our” refer to Omababy. Omababy offers this Website, including all information, Goods for sale and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated on this Website.

b. By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies on this Website and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

c. Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.

d. Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Omababy represents will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted, or modified.

e. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes

f. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2. PRIVACY

a. Use of this site is subject to our Privacy Policy. Our Privacy Policy can be viewed here.

3. GENERAL CONDITIONS 

a. You understand that your content (not including credit card information), may be transferred unencrypted and involve:

 (i) transmissions over various networks; and

 (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

b. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms .

4. PRICING

a. Omababy reserves the right to change the prices of Goods at any time without notice to you.

b. In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart. Omababy only delivers to certain addresses within Australia and New Zealand. Further information about delivery and shipping times is available here.

c. In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our couriers do not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, and remote parts of Queensland and the Northern Territory. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar.

d. If you live in an area to which an Additional Delivery Charge will apply Omababy will contact you before accepting your order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Omababy will cancel your order. Omababy will not take payment for your order until you have confirmed your acceptance of the Additional Delivery Charge.

e. By placing an order you agree to pay:

(i) the price for the Goods;

(ii) any Delivery Charge and any Additional Delivery Charge; and

f. All prices and Delivery Charges and Additional Delivery Charges quoted here are in Australian dollars and are inclusive of GST.

g. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the sale of Goods.

 5. ACCOUNT OBLIGATIONS

a. If you do not already have an account created on the Website, you will need to create one before placing an order for Goods on the Website. An account may be a “guest” account.

b. By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

c. In consideration of your use of our site, you agree to:

(i) provide true, accurate, current and complete information about yourself as prompted by the account registration form ("Registration Information"); and

(ii) maintain and promptly update the Registration Information to keep it true, accurate, current and complete.

d. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the site. You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. Omababy consider this registration information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.

e. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

f. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Omababy will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:

(i) your Account information being incomplete or inaccurate; or

(ii) any unauthorised use of your password or account which takes place before you notify Omababy, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

g. You agree to indemnify Omababy for any loss, damage, cost or expense suffered by Omababy as a result of any unauthorised use of your password or account which takes place before you notify Omababy. 

6. ORDERS FOR GOODS

a. You can place an order by following the instructions on the Website.

b. An order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your order and any applicable Additional Delivery Charge. Omababy may accept or reject your offer in its absolute discretion. In particular, but without limitation, Omababy may reject Orders for commercial quantities of Goods.

c. Each order that you place will, if accepted by Omababy, be a separate and binding agreement between you and Omababy with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

d. Please ensure that you enter all information carefully when placing an order. You warrant to Omababy that all information provided by you in relation to each order is complete, true and accurate.

e. Please check your order carefully (including the quantities ordered) before submitting it as orders may not be able to be changed or cancelled once the orders has been accepted by Omababy. Omababy will use reasonable endeavours to cancel or change the order if it has not already been shipped but makes no representation that it will be able to do this

f. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Omababy will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your order information being incomplete or inaccurate or as a result of being unable to change or cancel your order once it has been accepted by Omababy, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

g. Where you place separate orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each order. Omababy cannot consolidate separate orders into one delivery.

h. Where you order more than one item in one order, all Goods for which your order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately.

i. You acknowledge that all Goods that you order are intended for personal, domestic, non-commercial use only.

j. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

k. We reserve the right, but are not obligated, to limit the sales of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

l. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

7. RETURNS

a. You should check your Goods as soon as they are delivered to you in order to ensure that:

(i) they are what you ordered; and
(ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.

b. If you have a problem with any Goods or otherwise wish to return them, please refer to Omababy’s Refunds and Returns Policy  which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer, you can also contact us.

c. When returning Goods:

(i) please provide Omababy with your proof of purchase;
(ii) to the extent permitted under the Australian Consumer Law, it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories supplied at the time of original purchase.
(iii) Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

d. You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

8. AFTER YOUR ORDER HAS BEEN SUBMITTED

a. When you submit an order you will receive an order reference number via e-mail.

b. Omababy will process payment for your order when, or shortly after, you place your order (except to the extent set out in section 4c). Your order is deemed to be accepted by Omababy when Omababy does this, however Omababy may, in certain circumstances, cancel your order after acceptance as set out in these Terms & Conditions. In the event that Omababy cancels your order having already processed payment, it will refund payment.

c. When Omababy accepts an order it represents an agreement by Omababy to supply the Goods to you in accordance with your order subject to receiving payment from you and subject to these Terms and Conditions.

d. You must pay for Goods by credit card (Visa, Mastercard or American Express), certain prepaid payment cards, or by PayPal account. If the name

e. on the credit card/payment card/account does not match the name on the order, Omababy may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card you authorise Omababy to deduct the price and the applicable delivery and other charge(s) from such card.

f. Omababy reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

g. Omababy may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:

(i) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or
(ii) because your payment card has expired. Where this is the case, Omababy reserves the right to cancel your order and/or place your order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

h. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your order will be rejected and we will notify you.

9. CANCELLATION OF ORDERS 

a. Omababy reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted. Omababy may do this for example, but without limitation, where:

(i) Omababy’s suppliers are unable to supply Goods that they have previously promised to supply:
(ii) an event beyond Omababy, including storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Omababy is unable to supply the Goods within a reasonable time;

(iii) goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted;

b. As Omababy is dependent upon its suppliers to provide stock, Omababy cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Omababy reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Omababy will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

c. Where Omababy cancels your order after acceptance it will notify you of cancellation.

d. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Omababy will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

10. DELIVERY

e. Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your order.

f. Goods will only be delivered to addresses within Australia and New Zealand. However, there are certain remote areas in Australia and New Zealand that we do not deliver to (refer to the delivery and shipping information). As contemplated by section 4c, we may agree to deliver Goods to these remote areas by agreement with you.

g. In order to ensure the security of your Goods, Omababy will not accept directions from you to leave the Goods unattended if your delivery address is unattended.

h. Omababy will not deliver to a PO Box, locked bag or parcel locker.

i. Following dispatch of your Goods, Omababy will email you with confirmation of dispatch and an invoice for your order.

j. On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.

k. If you require Goods that you have ordered to be re-directed to an address which is not the original order address Omababy may charge you a reasonable fee for doing this.

l. Omababy seeks to ensure dispatch of your Goods occurs within 24 to 72 hours of your order being processed. However, in some cases it may take longer. Refer to the delivery and shipping information for expected delivery times.

m. You agree and acknowledge that:

(i) Omababy does not guarantee the delivery or availability of Goods within the timeframes set out in section 10(l) above or otherwise specified by Omababy or any of its staff;
(ii) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(iii) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Omababy nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
11. THIRD-PARTY LINKS
a. Certain content, products and services available via our Website may include materials from third-parties.

b. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

c. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

12. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

a. The intellectual property rights in all content made available to you on or through this website remains the property of Omababy or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Omababy and it licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

a. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

 (i) to maintain any comments in confidence;
 (ii) to pay compensation for any comments; or
 (iii) to respond to any comments.

b. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

c. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

14. ERRORS, INACCURACIES AND OMISSIONS

a. Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

b. We undertake no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law.

15. OPTIONAL TOOLS

a. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

b. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

c. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

a. We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.

b. We do not warrant that the results that may be obtained from the use of our Goods will be accurate or reliable.

c. Should defects, due to faulty materials or manufacturing process, develop within the warranty period the Goods will be repaired and/or defective parts replaced without charge, providing all conditions of this warranty are observed.

17. INDEMNIFICATION

a. You agree to indemnify, defend and hold harmless Omababy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

18. SEVERABILITY

a. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

19. ENTIRE AGREEMENT

a. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

b. These Terms and Conditions and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and govern your use of our Website.

c. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

20. GOVERNING LAW; DISPUTE RESOLUTION

a. As far as legally possible this Terms and Conditions shall be governed by the laws in existence from time to time in Australia. Any claim relating to the website, the services provided through the website or the content shall be governed by the internal laws of the state of Western Australia and you agree to submit to having the matter dealt with in a court in the state of Western Australia.

21. TERMINATION

a. These Terms of Use are effective even if this agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the website with or without notice. You agree that any termination of your access to the website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website.

22. CONCERNS REGARDING CONDITIONS OF USE

a. Should you object to the Terms and Conditions, or any subsequent modifications thereto or become dissatisfied with this Website, your only recourse (to the extent permitted by law) is to immediately terminate your use of this Website.

b. If you have any issues and/or questions with these Terms and Conditions or any rule, policy, guideline or practice which Omababy uses to operate this Website, please contact us at omababyau@gmail.com.

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