In these terms and conditions (the “Conditions”), “We”, “Us” and “Our” refers to Ninja Babies Pty Ltd.
Ninja Babies Pty Ltd is registered in Queensland, Australia.
“You” or “Your” means You, the customer.
Your access to and use of all information on this website, including purchase of Our product/s, is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and Your use of the website following any amendments will represent Your agreement to be bound by these terms and conditions as amended. We recommend that each time You access Our website You read these Conditions.
You agree to ensure that Your registration details are true and accurate at all times and You undertake to update Your registration details from time to time when they change. On registration, You will be required to provide a password. On registration You agree to pay for Our services as set out on Our website.
We reserve the right to terminate Your registration at any time if You breach these Conditions.
Our products are described as accurately as possible on Our website, however We do not warrant that the description is accurate. Where We become aware of any misdescription, We reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
We supply and dispatch Our products to customers around the world.
We endeavour to ensure that Our product list is current, however We give no undertaking as to the availability of any product advertised on Our website.
Shipping and delivery is an additional charge, calculated at time of purchase.
When You order from us, We require You to provide Your name, address for delivery, Your email address and telephone contact. We undertake to take due care with this information; however in providing Us with such information You accept that We are not liable for its misuse due to error in transmission or virus or malware.
We undertake to accept or reject Your order within seven (7) days. If We have not responded to You within seven (7) days, Your offer to purchase is deemed to be rejected. We are not required to give reasons for rejecting Your offer to purchase, however the most likely reason for rejecting Your offer will be that We have discontinued this product or product line and do not currently have that product in stock orders.
Delivery of Your ordered product/s will be as set out on Our website.
Title of the goods passes to You when We have received payment as per our terms of payment.
All risk of loss or damage to the goods passes to You when We dispatch the goods.
It is Your responsibility to ask for and to obtain appropriate receipts or other proofs, in relation to all payments You make to Ninja Babies Pty Ltd. Where We are able to, We will endeavour to assist with any discrepancies in payments You have made without ever accepting liability for the same.
We do not accept responsibility or liability for any payments however made, being lost, delayed, misappropriated, rejected, tampered with, being short of the required amount or any overpayment on Your part. It is Your responsibility to ensure that You have sufficient funds to make all payments to Us and to ensure that You have paid Us the correct amount.
We have, or shall have any liability to You in relation to any injury, loss or damage arising from the use of the products.
We will not in any event be liable for any losses relating to any business interests that You may have including but not limited to loss of profits, business, loss of opportunity or any business interruptions or delays that You may incur. This does not apply to any claim You may have for personal injury or death and nothing in these Conditions will affect Your statutory rights.
We do not guarantee to provide or procure the provision of any of the services referred to in these Conditions if We are prevented from doing so in circumstances beyond Our reasonable control, including without limitations, the activities of civil government authorities, third party industrial disputes, internal industrial disputes where We have taken reasonable steps to prevent the effects of such action on any of the services set out in these Conditions but have been unable to do so; acts of God, or severe weather conditions We reserve the right to make reasonable changes to the services referred to in these Conditions and to these Conditions for any reason We deem necessary.
Where We do make any such changes, We will give You reasonable notice of the changes. If as a direct result of such changes the services We provide to You are substantially varied to Your detriment, and where We are satisfied of the same, You may cancel Your agreement with Us by giving not less than fourteen (14) days’ notice via email firstname.lastname@example.org .
Any refunds that You may be entitled to will be dealt with in accordance with Our Refund Policy set out below. If any provision of these Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, void ability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these Conditions shall continue in full force and effect..
For the purposes of the Data Protection Act 1998, the data controller in relation to the information You supply is Ninja Babies Pty Ltd.
We may use the information You provide for
administration, marketing, customer services and profiling Your purchasing preferences.
Our service providers and agents for these purposes.
If You do not want Us to contact any third parties with this information, You must notify Us of Your objection within twenty-four (24) hours of accepting these Conditions.
When You give Us information about another person, You confirm that they have authorised You to act for them, to consent to the processing and use of their personal data in the manner described in this notice and to receive on their behalf any data protection notice.
You have the right to ask for a copy of Your information (for which We will charge a reasonable fee to cover Our administration costs) and to correct any inaccuracies contained therein.
We will reimburse you for any product delivered to you that is faulty or is in a damaged condition.
If any of the products You receive are damaged or faulty on receipt, You must inform Us through Our “Contact Us” webpage within forty-eight (48) hours of receipt and where it is possible, We will provide You with replacements of any goods which are faulty or damaged.
If We are unable to replace such goods, We will notify You and You may be entitled to a refund.
If we are unable at the time of return to replace or exchange returned goods, We undertake to reimburse Your credit card/ bank account for the amount initially debited for the purchase including packaging and postage charges.
You will not be eligible for any refund or replacement of the goods if:
Any goods that You return to Us are in Our opinion used, damaged or not within their original packaging; or
You decide You no longer want the goods and do not return them with seven (7) days of Your purchase; or
You fail to inform Us of any faulty or damaged goods within forty-eight (48) hours of receiving them.
If undamaged goods are returned to Us for exchange, We do not refund any shipping and handling charges. Return of undamaged goods for exchange is entirely at Your cost and risk.
When you visit Our website, We give you a limited license to access and use Our information for personal use.
You are permitted to download a copy of the information on this website to Your computer for Your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of Our content in any other way infringes Our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), You are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without Our prior written permission.
The licence to access and use the information on Our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit You to metatag or mirror Our website without Our prior written permission. We reserve the right to serve You with notice if We become aware of Your metatag or mirroring of Our website.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and We take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on Our website to another website does not imply Our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Linking Our website is not permitted. We reserve the right to serve You with notice if We become aware of such linking.
We are the exclusive owner of all of the Intellectual Property in the Products, including but not limited to creations of the mind, such as inventions, literary, artistic works, designs, and symbols, names and images used in commerce, the logo, slogan and design items for advertising.
You will not dispute, challenge or act in a way to detrimentally affect the ownership of Ninja Babies Pty Ltd Intellectual Property. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to Us or We have a licence to use those materials.
All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by Us or We have a licence to use them.
Your access to Our website does not license You to use those marks in any commercial way without Our prior written permission.
Whilst We have taken all due care in providing the information on Our website, We do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We take all due care in ensuring that Our website is free of any virus, worm, Trojan horse and/or malware, however We are not responsible for any damage to Your computer system which arises in connection with Your use of Our website or any linked website.
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer, while We are a supplier of either goods to You. As a consumer, the C&C Act gives You statutory guarantees. Attached to Our Conditions are:-
Schedule 2 C&C Act; and those statutory guarantees, all of which are given by us to You if You are a consumer.
If You are a consumer within the meaning of Schedule 2 C&C Act of Our goods or services, We give You a warranty that at the time of supply of those goods or services to You, if they are defective then:-
We will repair or replace the goods or any part of them that is defective; or provide again or rectify any services or part of them that are defective; or Wholly or partly recompense You if they are defective.Limitation of Liability.
If You are not a consumer within the meaning of Schedule 2 C&C Act then this clause applies to You. If You are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit Our liability or Your rights. If You are not a consumer:-
To the full extent permitted by law, Our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by You arising from services We have supplied.
We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
We do not participate in any way in the transactions between Our users.
By accessing Our website, You agree to indemnify and hold Us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with Your use of Our website.
These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
We undertake to take all due care with any information which You may provide to us when accessing our website. However We do not warrant and cannot ensure the security of any information which You may provide to Us. Information You transmit to Us is entirely at Your own risk although We undertake to take reasonable steps to preserve such information in a secure manner.