Mothercare Australia - terms and conditions of purchase
Acceptance
These terms and conditions (Terms) set out the terms and conditions under which you may purchase products from the Company on this website and for any other purchase directing you to these Terms or online use of the Company’s website. By purchasing products from this website, you agree to and accept that a contract is entered into between you and the Company (Contract) on these Terms.
These Terms govern the Contract to exclusion of any other terms and conditions between you and the Company and no variation to the Contract or these Terms will be binding on the Company.
Any typing, clerical or other error or omission in any catalogue, sales literature, price list, dispatch note, invoice or other documentation or any information issued by the Company (in whatever form and on whatever media including the internet) will be subject to correction without any liability on the part of the Company.
Purchases
Any order placed by you from the Company is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on this website or as otherwise notified at the time you place your order.
The Company reserves the right in its sole discretion to accept, reject or cancel any customer order for any reason including without limitation, goods become unavailable; an error in the price, image or the product description; error in your order; or the Company is unable to obtain authorisation for payment. Orders are deemed received by the Company at the time of successful transmission of the order. Orders cannot be cancelled once transmitted. Orders are deemed accepted by the Company when acknowledged or if the order is not rejected within 14 days.
Customers
You will be asked to create a customer member account before placing any orders from this website. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify the Company if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password. The Company accepts no liability if an unauthorised person uses your username and password.
All products offered for sale by the Company are only available for sale to individuals who can make legally binding contracts. Goods are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. By making any purchase, you accept these terms and conditions and acknowledge that you are legally entitled to enter into a binding contract. In the event that the Company suffers any loss or damage as a result of a transaction entered into in breach of this provision, it reserves the right to seek compensation and to take legal action for such losses.
Product availability
All stock is subject to availability. Designs and colours may vary from those shown. Not all items and offers available in store will be available online. The Company is not responsible for any items out of stock out or discontinued whilst displayed online or in any brochure or catalogue. The Company accepts no liability for the accuracy of any suggested age ranges provided by any supplier. You should check the product to deem suitability.
The Company uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However in some cases this is not possible and the Company may need to reject an order which the Company deems in its discretion is unavailable for delivery. In such cases the Company will refund in full any amounts paid in respect of such unavailable product.
To the fullest extent permitted by law, the Company reserves the right to limit the sale of products to reasonable or normal household quantities.
Prices and payment
All prices displayed on the website, or any other sales literature, including but not limited to prices of products and services and delivery and other charges, are quoted in Australian Dollars, include GST are current at the time of issue and are subject to availability.
Payment for products purchased on this website must be made in full at the time of placing an order.
Variations to products and prices
The Company may vary it prices at any time in its sole discretion without notice. Prices are subject to change up to the point of payment in full of any product. Product availability
and product prices may vary between the Company’s retail stores, catalogues and those found on this website. From time to time the Company may have online promotions that are not also offered in store or in store promotions not also offered online. Products on sale are valid whilst stocks last. The Company reserves the right to sell products for purchase online or instore only.
Delivery and shipping
To purchase products, your delivery address must be within a suburb where the Company provides delivery. Orders will not be processed for delivery to an address in a suburb not in the Company’s delivery area. Risk in the products passes to you upon delivery to your nominated delivery address or if you wrongfully fail to take delivery when the Company has tendered delivery of goods to you, and title passes upon payment for the products in full. If your delivery does not arrive, please contact Customer Service. If you wish to return a product delivered damaged or otherwise, please refer to the Company’s separate Returns and Exchanges Policy on this website.
A street address is required for delivery. The Company cannot deliver to a P.O. Box. The locations delivered to may change from time-to-time at the Company’s discretion without notice.
The Company will use its best endeavours to deliver goods within 5 -7 working days. These delivery times are estimates only, and actual delivery times may vary. You acknowledge that the delivery date is not guaranteed or of the essence of the Contract and that the Company shall in no circumstances be liable to you for any losses, damages or charges incurred by you due to the late delivery of goods.
Remote areas of Australia may experience longer delivery times. Large items require extra handling and may take longer to transport. Please call Customer Service on 1300 850 123 to check the likely time for your delivery if you have any concerns. Most deliveries are managed via Australia Post parcel delivery. The Company is not responsible for any late delivery or failure to deliver due to circumstances beyond its reasonable control. The Company and its carriers are unable to provide an estimate of the delivery time. If you are unsure if you will be available at the delivery address during the delivery hours, you should nominate a work address or address of a family member who will be present during the delivery hours. In the instance someone is not able to sign for your delivery, the Company’s carrier will leave a card. When delivered by Australia Post you will need to collect your delivery from the nearest Post Office. Any other carrier you will need to contact them directly to make alternative delivery arrangements, which may include a re-delivery fee if re-delivery is required.
Please check your order against the packing list before opening or using the items. If there is any discrepancy, please call Customer Service on 1300 217 700 (during normal business hours) or email customer service at enquiries@mothercare.com.au. See our returns & exchange policy.
Online ordering facility is available for delivery within Australia only. A standard $15.00 freight applies for most orders. This freight fee covers all items purchased on the one order.
A gift voucher only purchase has no delivery fee added.
Larger items may incur a higher delivery fee. These will either be displayed in your shopping basket prior to completing your transaction or you will be contacted direct to agree these. Additional freight charges may be incurred for heavy / bulky deliveries as well as deliveries to remote locations within Australia. In the case of bulky items/remote areas, you will be contacted to notify the additional freight charges, prior to delivery.
If you are purchasing goods as a gift to be delivered to someone else, make sure you provide your own contact email or phone number correctly. This will allow us to contact you if there is problem with the delivery or address details, otherwise it will be necessary to contact the recipient and possibly ruin the surprise! We do not include a receipt for deliveries delivered to a shipping address other than yours so that we don’t ruin any surprise presents. You will be emailed a receipt for your purchase.
Deliveries must be signed for and anyone at the delivery address who receives the goods will be presumed by the Company to be authorised to receive the goods. If you fail to take delivery of goods (or fail to give the Company adequate delivery instructions at the time stated for delivery otherwise than by reason of any cause beyond your reasonable control or by reason of the Company’s fault) then without prejudice to any other rights or remedies available to it the Company may: store the goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or sell the goods at the best price readily obtainable (after deducting
all reasonable storage and selling expenses) and charge you any shortfall below the price obtained under the Contract.
Limitation of liability
Where any applicable statutory instrument implies in these Terms any term, condition or warranty, and that instrument avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms however, the liability of the Company for any breach of such term, condition or warranty shall be limited to the fullest extent possible, at the option of the Company, to any one or more of the following:
1. if the breach relates to goods:
a.
the replacement of the goods or supply of equivalent goods;
b. the repair of such goods;
c. the payment of the cost of replacing the goods or of
acquiring equivalent goods; or
d. the payment of the cost of having the goods repaired
2. if the breach to relates to services:
a. the supplying of the services again; or
b. the payment of the cost of having the services
supplied again.
Privacy
Upon placing an order for goods the Company acknowledges that you will be providing personal information and the Company hereby undertakes to use such information strictly for the purposes of processing orders or contacting you with regard to orders or billing purposes. Please refer to the terms of the Company’s Privacy Policy on the Company’s website.
General
No waiver by the Company of any breach of contract by you will be considered as a waiver of any subsequent breach of the same or any other provisions of these Terms.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part,
the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
All notices served under these terms will be in writing and will be sent to the address of the recipient set out in the invoice
(or to any other address in Australia notified for that purpose) and all notices delivered personally or sent by prepaid letter
or by facsimile transmission shall be deemed to have been served immediately if they were sent by facsimile; on the second Business Day after posting if served by regular mail; and by delivery of the notice through the mail box of the party to be served and will be treated and served on the first Business Day after delivery.
Any indemnity, agreement, representation or promise provided by you to the Company as set out in these Terms shall be taken to be an indemnity, agreement, representation or promise
also provided by you to the employees, officers, agents and shareholders of the Company and any related entity of the Company. The Company reserves the right to amend these Terms at any time in its absolute discretion without notice. These Terms will be governed by and construed in accordance with the laws of New South Wales and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.
LAYBY ADDITIONAL TERMS AND CONDITIONS
For all laybys, a minimum transaction amount of $50 and a minimum deposit of 25% of the layby product is required. Each cancelled layby will attract a non-refundable service fee of $6.00. Laybys are subject to cancellation by you within the layby period and the deposit and service fee are payable
as a cancellation fee. Certain product items may be excluded from the layby program at the Company’s sole discretion without notice.
Payments are required on a fortnightly basis. Laybys must not exceed a 12 week period. If you do not make payments when they are due or your layby remains uncollected for any reason, the goods and the deposit will be liable for forfeiture. Individual items may not be transferred or separated from a layby parcel until final payment is received. Layby items cannot be exchanged or refunded after the layby has been finalised and collected. Goods ordered on any Christmas layby will not be set aside at any store of the Company during the layby period.
Information collected from any layby transaction will be used for the purpose of processing your layby and may also be given to a mail service provider for the purpose of forwarding reminder letters to you.
Parcels may be stored offsite and may require collection from an offsite location. Prior to final payment, four (4) working day’s notice is required for parcel collection.