Products purchased by you are sold to you by Baby Jewels and all services and communications referred to in these Terms are provided by us or our third party service providers.
These Terms govern your purchase of any Products from us.
You agree to be bound by these Terms when you purchase a Product by your use of the website.
2. Prices, Products and Services
Prices displayed on Baby Jewels are in Australian dollars or equivalent if you have selected an alternate currency. You will be charged in Australian dollars. Prices may not include delivery charges if the customer chooses extra services other than the free airmail option. Prices are subject to change by us. We reserve the right to correct any errors or misprints and have no responsibility if Products or the Service are unavailable from Baby Jewels.
3. Copyright and Intellectual Property Rights
Any intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to Baby Jewels, are owned by us. These intellectual property rights are protected by Australian and international laws. You should assume that all of the content made available to you through this website, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights.
You may view Baby Jewels and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of Baby Jewels or commercialise any information obtained from any part of Baby Jewels without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
4. Amendment to Terms
We reserve the right to amend these Terms at any time without notice to you. Your continued use of Baby Jewels will represent an agreement by you to be bound by the Terms as amended. We will not be held responsible for any costs incurred by you as a consequence of our amendment of these Terms. Should we choose to provide you with notice of alterations to these Terms, you agree to receive from us email notification of the alterations.
5. Disclaimer of Warranty and Limitation of Liability
This clause is not intended to exclude or limit any rights which you may have under the Trade Practices Act 1974 (Cth) or equivalent State or Territory Laws.
To the extent permitted by law, the Service and all Products provided by us and our third party providers are provided “as is” and we make no warranties or representations of any kind, express or implied, in relation to any information, materials or services included on Baby Jewels or to its availability, accuracy, functionality or performance, except as otherwise provided under any applicable law.
We do not accept responsibility and we disclaim liability for any loss, damage or injury, howsoever caused, which you may directly or indirectly suffer in connection with your use, or inability to use the Baby Jewels website and we do not accept any responsibility for any such loss arising out of your use of, or reliance on, the Baby Jewels website or the Products. This limitation includes, but is not limited to, consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims..
Our liability or that of our third party service providers will be limited, at our option, to re-supplying your Order or to refunding to you any monies paid by you. This is your exclusive remedy for any loss, damage or mishandling.
We will use reasonable commercial efforts to dispatch your Order to you within twenty four (24) hours from receipt of your Order and payment. Where you request for your Order to be delivered to a non metropolitan, remote or international address, your Order may take up to ten (10) business days to be delivered to you.
We do not accept responsibility for any delays caused by Australia Post or any other third party that we, or our third party service provider, may engage to deliver the Products to you.
Where your Order is received by you damaged, you must immediately contact Baby Jewels Customer Support and quote your Order number (as shown on your invoice). At our sole discretion, we may ask you to return the Product to us in its original packaging (if possible) together with a copy of your Order and we may require you to provide proof of your identity.
We will not be liable if the damage, defect or fault arose as a result of misuse, neglect or mishandling of the Product by you or if you made a wrong decision. If we determine, in our reasonable discretion, that any Product was not genuinely damaged on arrival or faulty in its manufacture, we will return the Product to you at your cost. We will otherwise, at our discretion, replace the Product or refund any monies paid by you to us minus our shipping/handling costs.
8. Product Quality
To the extent permitted by law, your use of the website and Product quality expectations is at your own risk.
You acknowledge that:
(a) the colours of the Products may be different from how they appear on your computer screen or in other digital or hard copy form;
You warrant that you will not make any claim against us or our third party product suppliers if you are disappointed with the design or quality of the Product, where such quality or design is beyond our reasonable control.
10. Force Majeure
Our obligations to you under these Terms or under any Order will be suspended for the time and to the extent that we, or our third party service providers, are prevented from or delayed in complying with our obligations by any event or circumstance or combination of events or circumstances which are beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
11. Governing Law
These Terms will be governed by the laws of New South Wales, Australia and you submit to the jurisdiction of the Courts of Queensland, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
Baby Jewels complies with the laws of any country outside Australia.
(1) The failure by us to enforce any of our rights or provision of these Terms will not constitute a waiver of the right or provision.
(2) These Terms constitute the entire agreement between us with respect to your use of the website and your purchase of any Products from us.
(3) If any court of competent jurisdiction finds any provision or part of these Terms to be illegal, invalid or unenforceable that provision or part will be severed from these Terms and the remaining terms and provisions of these Terms will remain in force and constitute the agreement between us.
In these Terms and Conditions the following expressions will have the following meanings unless otherwise stated:
“Baby Jewels” means the whole or any part of the web pages located on the Website (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
“Order” means any verified print order you make via your use of the website.
“Product” means any product purchased by you via your use of the website.
“Website” means www.baby-jewels.com or www.babyjewels.com.au