1. Website Terms of Use

1 Welcome to mybabyessential’s (“we”, “our” and “us”) website.

2 Anyone who access or uses our website is referred to as "you" and "your".

3 We operate certain online sites (“Online Site(s)”), including our:

a main website www.mybabybay.com.au (“Main Site”);

b social media site(s) (“Social Media Site(s)”) as operated from time to time;

c competition site(s) (“Competition Site(s)”) as operated by us from time to time; and

4 You acknowledge and accept that your use of an Online Site indicates your acceptance of these Online Terms (including the Our Privacy Policy).

5 Please be aware that certain parts of our Main Site may additionally function as a Social Media Site. By this we mean that the information and content you submit to a social media section of our Main Site will be freely visible to other website users. Any social media sections of our Main Site will be either clear to you from their design, or we will otherwise inform you of their public nature.

6 Please read these Terms of Use carefully before purchasing or using any products from our Online Site. By using our Main Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use.

7 In consideration for agreeing to be bound by these Terms of Use, you are permitted to access our Online Site to view our products, make purchases and enter competitions that we may from time to time run on the Main Site or Social Media Site.

8 If you do not agree to accept these Terms of Use, you must not access or use any part of our Online Sites.

9 We reserve the right to amend any of our Online Sites (in whole or part) from time to time at our sole discretion. By continuing to use our amended Online Sites, you agree to be bound by those amendments.

2. Privacy

1 You will need to provide us with accurate personal information such as your name, delivery or residential address and a valid email address when:

(i) entering competitions;

(ii) making a purchase via our Main Site; or

(iii) submitting questions you would like answered about any of our products.

2 You agree we may display your first name and the State or Territory you reside for marketing and promotional purposes free of charge if you are the winner of a competition that we run on any of our Online Sites.

3 Your consent to receive certain communications may be implied from the purpose for which you have supplied us with your personal information (including but not limited to situations such as receiving reminders that the items in your shopping cart have been processed or posted to you).

4 Please also acquaint yourself with our Privacy Policy for full details about how we may use your personal information and your rights to view or request corrections.

3. Your Obligations

You represent and warrant that you:

(a) are at least 18 years of age;

(b) possess the legal right and ability to enter into a legally binding agreement with us;

(c) will use our Online Sites strictly in accordance with the Terms of Use;

(d) will not infringe any trademarks or copyright in any intellectual property on our Online Sites; and

(e) you will not make any disparaging remarks about the products featured on our Online Sites.

4. Your Use of our Online Sites

1 You agree to only access our Main Site via http://www.mybabybay.com.au

2 You agree to use our Online Sites solely for the purposes permitted by these Terms of Use and strictly in accordance with all applicable Australian Federal, State or Territory laws and regulations.

3 You must not attempt to:

(a) access any part of our Online Sites other than through the interface provided by us;

(b) engage in any activity that interferes with or disrupts our Online Sites or the servers and networks that host the Our Online Sites;

(c) interfere with security-related features of our Online Sites or features that prevent or restrict use or copying of any content or enforce limitations on the use of our Online Sites or the content on our Online Sites; or

(d) use, copy, or distribute content except as permitted by Australian Federal, State or Territory laws and regulations and with our prior written consent.

4 You understand and agree that any suspected fraudulent, abusive or illegal activity will be referred to appropriate law enforcement authorities.

5 You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. You will be responsible for any unauthorised activity on your account if you fail to keep your credentials secure.

6 You must not use another member's account to purchase products from our Online Sites.

7 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to change your password.

5. Termination

1 We may stop or terminate (temporarily or permanently) providing access to the Online Sites to you at our sole discretion without prior notice. If we do this, you may be prevented from accessing all or parts of our Online Sites, your account details or other content contained in your account. However, all restrictions, licences granted by you, and all disclaimers and exclusions of and limitations on our liability, will survive any termination.

2 We will not be liable to you or any third party in the event of us taking actions under clauses 5.1 and 5.2.

6. Information on our Online Sites

1 The information provided on our site is for general informational only.

2 We aim to provide a positive experience for you.

3 We reserve the right to change the Online Sites at any time.

4 We do not guarantee you’ll be able to access the Online Sites in the same way or with the same equipment or software you used prior to the change.

7. Changes to the Online Sites

1 These are the current Online Terms. We reserve the right at any time to vary these Online Terms for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of an Online Site, by publishing the varied Online Terms on the Online Sites. We do not have to indicate on an Online Site that these Online Terms have changed, nor are we under any obligation to specifically contact or notify you of any variation to these Online Terms. You accept that we provide you with sufficient notice of any variation by making available the current version of the Online Terms on the Online Site you use. By your use of an Online Site after any variation, you are taken to have accepted the new Online Terms.

2 Information about products on the Online Sites is based on material provided by manufacturers.

3 You understand and agree that except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.

4 You agree to make your own enquiries to verify information provided and to assess the suitability of products before you order the products.

8. Disclaimer and Liability

1 We do not warrant our Online Sites will be available at all times or that it will be without fault or disruption.

2 To the extent we are not permitted to do so by Australian Feral State or Territory laws, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Online Sites including, but not limited to, loss or damage you might suffer as a result of:

(a) errors, mistakes or inaccuracies on our Online Sites;

(b) you acting or not acting, on any information referred to on our Online Sites or any linked third party website;

(c) personal injury or property damage of any nature from your access or use of the Our Online Sites;

(d) any unauthorised access or use of our secure servers or personal information or financial information stored on those servers;

(e) any interruption or cessation of transmission to or from our Online Sites;

(f) any bugs, viruses, trojan horses or other harmful code or communications transmitted through our Online Sites by any third party; or

(g) the quality of any product or service of any 3rd party linked sites.

3 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through our Online Sites or any third party website linked to our Online Sites or any product or service featured in any banner or other advertising appearing on our Online Sites.

4 Due to photographic and screen resolution limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour or shade) from the way they appear on our Online Sites. Where this is the case and you are not satisfied, please see our refund, credit or exchange policy.

5 Where Australian Federal, State or Territory laws provides a consumer guarantee, that may not be lawfully excluded, our liability will be limited to the extent permitted by that law.

6 Except Australian Federal, State or Territory laws provides, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Online Sites or these Terms of Use (however arising, including negligence).

7 You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for your actions.

9. Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

10. Placing Orders

1 Products displayed on our Online Sites do not constitute an offer by us to sell. Rather it is an invitation to treat only.

2 Orders placed by you are offers to purchase particular products under the Terms of Use at the price specified including delivery and other charges.

3 Products ordered in the shopping cart aren’t reserved until you’ve completed the checkout process.

4 Orders are only confirmed once payment is received in full.

5 To the extent permitted under Australian Federal, State and Territory laws we reserve the right to accept or reject your offer to purchase a product for any reason including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.

6 You must review your order carefully before completing the check out process. Once an order is confirmed, you are unable to cancel or change it.

7 If you have any problems with your order, you must go through the normal returns process outlined in clause 20.

8 Please note that change of mind returns are given at our absolute discretion.

9 In the event that we cancel or are unable to fulfill your order (including because a product has become unavailable or we cease selling the product for any reason whatsoever), we will provide a full refund of any payment received.

10 Except to the extent required by Australian Federal, State and Territory laws, we will not be liable to you for any loss or any additional costs you incur purchasing the same product from another retailer at a higher price (including delivery and other charges).

11. Price, Payment and Use of Discount/Coupon Codes

1 Prices of products, delivery and other charges shown are in Australian dollars and include GST.

2 Prices are current at the time of display but are subject to change.

3 All payments must be received in full prior to dispatch.

4 Please read the Payment section of our Online Sites for details.

5 If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the product for more than 2 days unless you request we hold the product and we agree to do so (at our absolute discretion). After that time, we do not guarantee that the product will still be available should you try to order it again.

6 A discount/coupon code may only be redeemed once per household for orders.

7 These codes may not be used in conjunction with any other discounts.

8 Only one discount/coupon code may be used per order.

12. Supply and Delivery of Products

1. Subject to these Terms of Use we will supply the products shown on your order confirmation.

2. We will use our best efforts to meet agreed delivery timeframes, however many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met.

3. We do not allow personal pick up for any reason without our prior written consent.

13. Packaging and Labelling

1. Products and packaging received may differ in appearance from images on our Online Sites.

2. We recommend that you read the labels and instructions on products you ordered carefully prior to use and use products strictly in accordance with those instructions.

3. All products are imported or originate from outside of Australia hence their packaging and size may vary from time to time.

14. Title and Risk

1. We retain ownership of products you order until payment is received in full for those products together with delivery and other charges.

2. Risk in the products you order, such as loss or damage, passes to you upon delivery.

15. Out of Stock Products

1. We will promptly notify you if any products you ordered are out of stock or unavailable.

2. If you order a product from our Online Sites and we later inform you that we no longer stock any of those products you ordered, we will allow you the choice of a refund or a substitute for the product of a quality and value equivalent to or greater than the originally ordered product.

3. If we are not able to provide you with a substitute for the product, we will promptly refund you the value of the products that were not supplied to you including such portion of the delivery fee related to those products (if applicable).

16. Change of Mind Returns

1. Please order carefully as we generally do not provide refunds or accept exchanges because you changed your mind or you made an error in finalising your order (such as choosing an incorrect size, colour or quantity). We may allow a refund or credit (at our election) on a case-by-case basis for such returns, provided that the item in question is:

(a) returned and received by us within 28 days of order;

(b) not used or worn (with original tags and/or packaging); and

(c) not damaged in any way.

2. If we allow a return in these circumstances, you agree to follow the returns process outlined in below in clauses 10.2 and 10.3.

3. If we allow a return for change of mind or because you made an error in finalizing your order, we will provide you with a refund (less our postage or delivery expense) only when we receive the returned product. For the avoidance of doubt, except in circumstances where you have been sent an item that was not what you ordered, return postage is at your expense.

17. Defective Goods

1. Australian consumer laws provide certain statutory guarantees to consumers when they purchase products. These guarantees cannot be excluded, restricted or modified and are different to, and separate from, any warranty given voluntarily by us.

2. The time limit of consumer guarantees varies depending on the price and quality of the products and may extend beyond any warranties given by the manufacturer or us.

3. In summary, Australian consumer laws require us to provide you with a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

4. We will repair or replace any products you have purchased from us that fail to be of acceptable quality and the failure does not amount to a major failure.

5. Our warranty is in addition to other rights and remedies you may have under Australian consumer law.

6. You may make a claim in relation to products that are faulty in accordance with the Warranty periods attributable to those products on our Online Sites.

7. The 24 Month Warranty Terms & Conditions is given by mybabyessentials Pty Ltd and, where applicable, applies to defective goods for a period of 24 months, commencing from the date that your goods are received. To make a claim under this warranty, you must contact us at info@mybabybay.com.au and attach proof of purchase, a copy of the document containing the warranty and a description of the defect.

8. If you are entitled to make a claim under this warranty, we will provide you with instructions as to how the goods may be returned to us at our expense (either you will be reimbursed for standard postage or, for larger items, we will organise a courier to retrieve the items). Unless otherwise provided by law, you will bear any other costs incurred in making a claim under this warranty.

9. Goods that you purchase from us may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by us, and are separate from any warranty offered by us. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact us to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.

18. Process for Returns and Refunds

1. Before returning a product, please contact us at info@mybabybay.com.au

2. Once contacted we will advise you of the best way to return the product(s).

3. Refunds will generally be issued using the payment method used at the time of purchase.

4. We aim to process refunds and replacements within 10 days of receipt of the original product.

5. Replacement of products, refunds and repairs will not be made until the original product is received by us and in the case of an alleged defect, until the defect is verified.

6. Except as required by law, we will not refund a purchase or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.

19. Deposits

In most cases we will happy refund a deposit, but where we have incurred cost in having your product picked by our warehousing staff and packaged ready for transport, we may not refund your deposit. We may also decide not to refund your deposit if we have specially imported/ordered a product for you and you later change your mind and decide not to purchase it.

20. Intellectual Property

1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Terms of Use gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

2. Other trademarks used on our Online Sites that belong to third parties are used with permission and remain the intellectual property of the third party.

3. You may not:

(a) modify or copy the layout or appearance of our Online Sites nor any computer software or code contained in our Online Sites; and/or

(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to our Online Sites.

4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Online Sites and developing your ideas and suggestions for improving our products or services.

21. Transfer and Assignment

You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or our Online Sites to a third-party:

(a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and

(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.

22. General

1. We will not be liable for any delay in performing any of our obligations under these Terms of Use if such delay is caused by circumstances beyond our reasonable control.

2. These Terms of Use will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.

3. If any part of these Terms of Use is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

4. If we do not exercise or enforce any right or provision under these Terms of Use, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms of Use will only be effective if it is in writing and signed by us.

23. Privacy and Personal information

If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information.