Webshop Terms and Conditions

 

Thanks for using joiebaby.com!

 

What these terms cover. These are the terms and conditions (hereafter the “Terms”) on which Nuna Baby Australia (“we”) supply products to you when you place an order (“Order”) on the https://joiebaby.com/au (“Website”). The language of contract shall be English.

Why you should read them. Please read these Terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms, please do not submit any Orders to us.

 

Who we are and how to contact us

Who we are. We are a company registered in Australia with company number 80642240140. Our registered office address is at Unit 1, 35 Lyn Parade, Prestons NSW 2170.

 

How you can contact us. To contact us please refer to: info.au@joiebaby.com

 

How we will contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.

 

Our contract with you

How you place an order. To place an order on the Website start by placing the desired products in the basket. In the basket you may modify the desired quantity at any time or delete products completely. If you have placed the products in the basket, by clicking on the buttons “Next” you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the review & payments page. To correct input errors (e.g., with respect to the payment method or data), click “Edit” next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the Place Order button “Order and Pay”, your declaration becomes a binding Order.

How we confirm receiving the order. By clicking “Place Order” in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Your Order constitutes an offer to us to conclude a contract. When you place an Order with us, we will send you a message confirming that we have received your Order and listing its details (“Confirmation of the Good Reception of the Order”). This Confirmation of the Good Reception of the Order does not represent an acceptance of your offer but is only intended to inform you that we have received your Order.

How we accept your Order. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

Your personal information. Through sending your Order and your registration with our online shop you assure that all information provided therein, particularly name, Email address, account information is accurate. Please notify us immediately of any changes.

Who we do not accept Orders from. We only supply the products for domestic and private use. If you order the products for any commercial, business or re-sale purposes, we do not accept your Order and these Terms do not apply.

If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Order you have placed. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product.

If we can only accept part of your Order. If you order multiple products as part of an Order, and we anticipate that we will be unable to fulfil part of the Order (such as because a certain product in your Order is out of stock), we will contact you to confirm if you wish to purchase the remaining products in your Order.

Your order number. We will assign an order number to your Order, and we will tell you what it is when we accept your Order. Please keep your order number to hand as it will help us if you can tell us the order number whenever you contact us about your Order.

Storage of the contract text. You will receive the contractual provisions together with information on the goods ordered and/or services booked including these Terms and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual text for you.

We only sell within Australia. The Website is solely for the promotion of our products in the above-mentioned country, and we will only deliver addresses located in this country. 

 

Our products

Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that an electronic device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

Product packaging may vary. The packaging of products may vary from that shown in images on the Website.

Your rights to make changes. If you wish to make a change to your Order after we have accepted your Order, please contact us as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If you do not confirm the change, we will fulfil the initial Order.

Our rights to make changes. We may change a product within an Order to reflect changes in relevant laws and regulatory requirements (for example due to a change in the laws relating to product safety in AU).

Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your Order.

 

Providing the products

Delivery costs. Delivery costs are variable, based on the items you order. Postage and handling fees may be dependent on factors such as size, number of items, weight and delivery location.

When we will provide the products. We will deliver the products to you as soon as reasonably possible. All information on shipping or delivery of a product is only estimated information. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product. Delivery is usually within 2- 3 working days and will be within 30 days after the day on which we accept your Order. Please note that delivery timeframes may be impacted due to increased volumes and/or delays during peak holiday seasons. All our Orders are fulfilled by Direct Freight or, alternatively, by other carriers. When and if applicable, tracking details may be provided by email once your order has been dispatched.

If you are not at home when the products are delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. 

If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for additional delivery costs. If, despite our reasonable efforts, we are unable to contact you or to re-arrange delivery or have to take back the product we may end the contract. “When we may end the contract” (see below) will then apply.

When you become responsible for the products. The products within an Order will be your responsibility from the time we delivered the Order to the address you gave us.

When you will own the products. You will own the products within an Order once we have received payment in full for the Order.

 

Your right to withdraw from your purchase.

Your right to change your mind. You have the legal right to change your mind and withdraw from your Order within 14 days of receiving your items, without giving any reason. We will cover the cost of the return if the item is unopened. If an item has been opened the customer will be required to cover return shipping costs. Please contact us using the contact details above to notify us if you wish to change your mind informing us of your decision to withdraw from the contract underlying these Terms by an unequivocal statement in writing (i.e.  email). You may use the attached withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Returning the products. Once we have confirmed the withdrawal, you will have 14 days to advise a suitable pick up date. Product must have a pick up date within 14 days of agreeing to a return to return the products to us. The deadline will be met if you send back the goods before the period of 30 days has expired.  Please contact us if you have any questions in relation to returning the product(s) to us following the withdrawal of your purchase.

Condition of the returned products. The product(s) must be in the condition in which delivered and packed in accordance with our instructions. You may open the packaging and examine the product(s). However, the product(s) must be returned undamaged and properly packaged. If the product(s) is/are damaged after delivery or if it/they are not properly packaged, we may deduct an amount from your refund to reflect any reduction in value of the products as a result of your handling the products in a way which would not be permitted in a shop. If only part of the products contained in an Order are returned, only a corresponding part of the total purchase price will be refunded to you.

Refunding your purchase. We will refund you the price you paid for the products by the method you used for payment, unless we agreed on a different method. The refund will be made as soon as practicable and at the latest within 14 days of when we receive the products(s) back and inspected the products(s) condition.

 

If there is a problem with your order

If there is a problem with a product or if the product is defective. Please contact us using the contact details above to notify us if you have any questions or complaints about a product we have supplied to you as part of an Order. You are entitled to the statutory warranty rights insofar as they are not modified in the following.

Your legal right to revocation if the product is defective or not as described by us. We are under a legal duty to supply products that comply with the terms of the contract. You have legal rights in respect of products that are defective or not consisted to our description. If you wish to exercise your right to revocation and return to us any product that has defects or is not consistent with our description, we will refund the price as soon as possible, and pay the costs of postage from the Australian based address to which we delivered the product(s) to our return address, in accordance with your legal rights. This description of the right to return does not exclude other legal rights.

Warranty. All Orders come with our product warranty (“Warranty”), of up to two years from the date of delivery of your Order (or when receiving the final product(s) from us in the case of an Order delivered in multiple deliveries). Please see https://joiebaby.com/au/warranty for more information on how products may be returned, repaired or replaced under the Warranty.

 

Rights to end the contract

Your right to end the contract because of something we have done or are going to do. You have the right to end the contract if: (a) we have told you about an upcoming change to the product which you do not agree to; (b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or (c) if we notify you that there is an update to these Terms that changes the terms of your Order. If you wish to end the contract for any of these reasons, please contact us using the contact details above and we will refund you in full as soon as possible for any products which have not been provided to you under your Order.

When we may end the contract. We may end the contract for an Order at any time before we deliver the Order, by writing to you, if you do not within a reasonable time allow us to deliver the Order to you. If we end the contract for this reason we will refund you in full for any products which have not been provided to you under your Order.

 

Our liability

When we are liable for damages. We shall be liable for damages toward you for injuries or death to another individual caused by safety defects in our products. Our liability shall however be limited to damages foreseeable at the time of formation of contract.  

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence (including the negligence of our employees, agents or subcontractors). Nor shall our liability be excluded to the extent that cannot be excluded or limited under applicable law.

Your consumer rights. Nothing in these Terms shall affect your legal rights in respect of any purchase through the Website of products that are faulty or do not match their description.

No liability for business losses. We are not liable for business losses. We only supply the products for domestic and private use, see sec. “Who we do not accept Orders from”. If you use the products for any commercial, business or re-sale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

ACL. In the event the Australian Consumer Law is applicable, the following notice applies to you as a consumer: “Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a 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.”

 

How your personal information is used

How your personal information is used. Your personal information will be used in accordance with the Website’s  privacy notice.

Provision of the website

Website available for your personal use. The Website is provided for your non-commercial, personal use only and must not be used for business purposes. You will be able to obtain information about certain products via the Website and you can also submit queries to receive more information about our products.

Updates to these Terms. We provide the Website to you on the basis of these Terms. These Terms may be updated by us from time to time by posting the updated Terms on the Website without prior notification to you. When you access the Website at any time in the future, such updated Terms then in force shall apply. You should check the Terms for updates each time you access the Website.

Registering an account on the Website. You can purchase products via the Website by selecting items and proceeding to the check-out. If you have not already registered an account at the Website, you can choose to register an account when completing your purchase. If you register for an account on the Website, please ensure you keep your account password secure and confidential.

Cancelling an account registration. We reserve the right to decline or cancel an account registration at any time. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

 

Website disclaimer and use

Provision of the Website. The Website is provided to you at no extra charge. We do not guarantee that the Website will always be available or be uninterrupted. We may suspend or restrict of availability of all or any part of the Website for business or operational reasons. Any support provided to you through the Website is for information purposes only. We reserve the right to make changes to the Website at any time; or not reply to any queries; or not provide support in connection with the Website for any reason. Please note this clause relates to your use of the Website and does not affect any legal rights you may have in respect of products purchased through the Website.

Material on the Website. All material on the Website is our property and/or our suppliers and is protected by copyright and other intellectual property rights. You are authorised to view and download the materials for your personal, non-commercial use only.

Accessing the Website. We reserve the right to at any time prevent you from using the Website or to prevent you from making any purchases through the Website.

 

Other important terms

If a court finds part of these Terms invalid, the rest of the contract will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, the remaining paragraphs will remain in full force and effect.

Our enforcement of the contract. Even if we delay in enforcing this contract, we can still enforce it later within the statute of limitations. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to these Terms and where you may bring legal proceedings. These conditions are governed by and construed in accordance with the laws of Australia, including the Australian Consumer Act. We both agree to submit to the non-exclusive jurisdiction of the courts of Melbourne, Victoria.

 

This Notice was last updated on 17/08/2023.

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