Conditions of Sale
In these terms:
Goods means any goods provided by Baby Powder Milk to you. Services means any services provided by Baby Powder Milk to you. You means the person(s) purchasing Goods and Services from Baby Powder Milk which these conditions accompany.
- APPLICABILITY OF TERMS AND CONDITIONS OF SALE
2.1 Each order placed with Baby Powder Milk by means of the internet shall be governed by these Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, these Conditions of Sale.
2.3 Baby Powder Milk reserves the right, at any time, to modify these Conditions of Sale by posting a new dated version on this website. By placing an order after Baby Powder Milk has posted a new version of its Conditions of Sale, you agree to be bound by that updated version.
3.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
3.2 Please inform Baby Powder Milkabout changes of address or other modifications by updating your personal details on this website without delay.
4.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
4.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
4.3 If you know or suspect that someone else knows or has used your password, you should notify Baby Powder Milk immediately.
5.1 You may place orders for Goods and Services online on the https://babypowdermilk.com.
5.2 All orders are subject to availability of stock and min/max quantities as Baby Powder Milk decides from time to time.
5.3 Baby Powder Milkoffers its products on this website within the limits of its available stocks.
5.6 Baby Powder Milk reserves the right to refuse orders whether whole or in part in its absolute discretion.
6.1 You must verify your order of Goods upon delivery and you must notify Baby Powder Milk within seven days of receipt of any incorrect order.
6.2 Please notify Baby Powder Milk as soon as you become aware of any damaged or faulty Goods. Baby Powder Milk reserves the right to decline any returns where a damage or fault is caused by your misuse or neglect.
6.3 If required by Baby Powder Milk, Goods forming part of an incorrect order, or Goods that are damaged or faulty, must be promptly returned by you to Baby Powder Milk in accordance with any instructions by Baby Powder Milk. This may include returning the Goods in their original packaging, accompanied by the invoice.
6.5 When returns are properly assessed and completed by Baby Powder Milk, and a refund is due to you, Baby Powder Milkwill reimburse the price of the returned Goods and the invoiced delivery charges within 30 days of receipt of the returned Goods.
6.6 You cannot refuse to accept Goods merely because they are not delivered by any given date or dates.
6.7 Please choose carefully as Baby Powder Milk does not accept return of Goods because you change your mind.
6.8 Our Goods 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.
7. DELIVERY AND RECEIPT
7.1 Baby Powder Milk will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however Baby Powder Milk will not be liable for (a) any failure to deliver or delay in delivery for any reason; (b) any damage or loss due to unloading or packaging; or (c) damage to property caused upon entering premises to deliver the Goods or provide the Services. Any costs incurred by Baby Powder Milk due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Baby Powder Milk. Deliveries will only be made to postal addresses in Australia. Deliveries will not be made to PO numbers nor to addresses outside Australia.
7.2 All orders $99 or more will have delivery costs included nationwide. For orders below $99 there is a flat nationwide delivery fee of $19.95. Invoices for Goods may include the applicable delivery charge (if any).
7.3 If you wish to have Goods or Services provided by means other than Baby Powder Milk’s usual means, you will need to make all necessary arrangements and pay all costs involved.
8. PAYMENT AND INTEREST
8.1 Baby Powder Milkmay change the price of Goods and Services from time to time without notice to you.
8.2 You must pay the price of Goods and Services current at the time of payment or the time of dispatch of the Goods or provision of the Services, whichever is the earlier.
8.3 Invoices are payable on or before receipt of Goods or provision of Services. Time is of the essence in relation to all payments of money to Baby Powder Milk under this agreement.
8.4 You must pay Baby Powder Milkany GST payable for the provision of the Goods and Services.
8.5 Baby Powder Milk reserves the right to charge interest on overdue payments at 2% above the interest rate for overdrafts of $100,000 or more charged by the Commonwealth Bank of Australia, compounded daily from the due date to the date of payment.
8.6 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.
9. TITLE AND RISK
9.1 Title in Goods passes to you on payment in full for them.
9.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 8.3 in which case risk passes when the Goods leave Baby Powder Milk’s premises.
10. EXCLUSIONS AND LIMITATIONS
10.1 To the extent permitted by law, Baby Powder Milk will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit.
11.1 You indemnify and must keep Baby Powder Milk indemnified against all reasonable damages, losses, costs and expenses suffered by Baby Powder Milk arising out of any breach by you of this agreement or arising out of your use, possession or sale of the Goods, or the use, possession or sale of the Goods by someone with your authority or permission to the extent not caused or contributed by Baby Powder Milk.