www.bambiniprams.com.au (‘Website’) is owned and operated by Bambini Prams Pty Ltd ABN 84 628 952 205. Using or accessing this website is on the condition that you have read, understood and agreed to these Terms and Conditions of Use (‘Terms’). Should you not agreed to these Terms, please do not use this Website. References to ‘us’, ‘we’, ‘Bambini Prams’ or ‘Bambini’ mean Bambini Prams Pty Ltd and include its related bodies corporate and associates as defined in the Corporation Act 2001. References to ‘you’ or ‘your’ mean you, the user of the Website, or Customer.
2. OWNERSHIP OF WEBSITE AND CONTENT
Bambini Prams owns the Website and is the owner, or licensed user of, all intellectual property in and associated with the Website. Unless otherwise indicated, Bambini Prams is the owner or authorised user of all trademarks, logos, names and designs, whether registered or unregistered. All such content remains the property of Bambini Prams at all times. This Website is protected by copyright under the laws of Australian and as such, you have no rights in, or license to, any of the intellectual property, trademarks, logos, content, names or design associated with this Website, whether registered or unregistered, without prior written permission of Bambini Prams or the relevant trademark holder.
Bambini Prams own all copyright in the materials (including, without limitation, text, graphics, logos, icons, sound recordings and software). Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 or except as expressly permitted by these Terms and Conditions or as is reasonably contemplated by, the normal use of the service. You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the materials; or (b) commercialise the whole or any part of the materials, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.
4. YOUR ACCOUNT
If you use the Bambini Prams Website you are solely responsible for your account confidentiality, password, computer access and all activities that occur under your user account. Bambini Prams reserve the right to refuse service, terminate accounts and edit or remove content, should we deem that you, the Customer, are acting in breach of these Terms, or is using the Website fraudulently or improperly.
Bambini Prams is privileged to be trusted with your personal information and will never sell, rent, or share your personal information with any third parties for marketing purposes without your express permission. However, Bambini Prams may use your details to promote Bambini Prams products and services in the form of email communications and/or other types of communication. Email firstname.lastname@example.org if you would prefer not to receive communications from Bambini Prams.
6. BAMBINI PRAMS WEBSITE
All prices displayed on our Website are shown in Australian currency (AUD). Therefore, all reference to ‘$’ and ‘dollars’ are in Australian dollars.
Bambini Prams reserves the right to change pricing of our Products without notice. Once an order has been placed and submitted to Bambini Prams the price of an item is fixed and subsequent price changes (whether up or down in value) will not apply. Pricing displayed on our Website is for online purchases only. The price may not be matched at a physical retail location.
9. PRODUCT DESCRIPTIONS
Bambini Prams attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to Product descriptions or other content of this site, is accurate, complete, reliable, current or error free. Please note that Product colours may vary slightly from what is displayed on your computer screen and will vary perceptibly from monitor to monitor. Although listed on the Website, some items, sizes, colours and styles may be temporarily or permanently out of stock. Bambini Prams aim to ensure that our Website is accurate, however sometimes errors occur, for which we apologise.
Where payments are made on our Website they are transacted through a secure server, which encrypts each transaction as a security precaution. All payments must be made in Australian Dollars only. You may pay for an accepted order using your (a) Visa; (b) MasterCard; (c) Debit cards displaying a Visa or MasterCard logo; (d) PayPal; (e) Personalised Payment Plan(as agreed with a Bambini Prams Representative in writing) or, (f) Direct Bank Transfer. In the event that Bambini Prams are unable to successfully process payment for your order, we reserve the right to reject or cancel your order. You must not pay, or attempt to pay, for your order through any fraudulent or unlawful means. Any payment dispute must be advised to Bambini Prams within five (5) business days of purchase.
11.1 DISPATCHING YOUR ORDER
Once your order has been completed Bambini Prams will send an email confirming the order details. Once this has been sent we are unable to make any amendments to your order, including any changes to shipping address or applying a discount. Any cancelling of orders after this point may attract a service fee. If Products are to be delivered to a Customer, any period or date for Delivery stated by Bambini Prams is intended as an estimate only and is not a contractual commitment. Bambini Prams will use its best endeavours to meet any estimated Delivery dates but cannot be held liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated Delivery date. Bambini Prams reserves the right to amend Delivery methods without notice. Bambini Prams shipping costs will only cover one (1) Delivery attempt. It’s the Customers responsibility to provide a Delivery address that will be attended at the time of Delivery. Bambini Prams recommend Customers request Delivery to an address where the Delivery can be signed for during business hours. The Customer is responsible for paying all additional Delivery costs as charged by the Delivery company to Bambini Prams before receiving additional Delivery attempts. Bambini Prams will not be liable for any delay in Delivery of the Products, or any failure or inability to Deliver the Products within a particular time frame.
11.2 DISPATCH IN STOCK
Provided your items are in-stock and payment has been received, we will dispatch your order from our warehouse within five (5) business days. Products will generally arrive within five to ten (5 - 10) business days to metropolitan regions. If all Products in an order are in-stock, Bambini Prams will not delay dispatch to a later date. The order will be dispatched within (5) business days.
11.3 DISPATCH OUT OF STOCK/PART STOCK
We offer the option to purchase on pre-order from our website. If Product(s) ordered are a combination of in-stock and pre-order items, and depending on the items in the order, all Products in the order will be dispatched when the entire order is back in stock. In instances where a Product(s) ordered is out of stock Bambini Prams will endeavour to provide the Customer with details of an estimated delivery date. As with in stock Products any period or date for Delivery stated by Bambini Prams is intended as an estimate only and is not a contractual commitment. Bambini Prams will use its best endeavours to meet any estimated Delivery dates but cannot be held liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated Delivery date.
11.4 OUT OF STOCK WHERE A COURTESY PRAM IS PROVIDED
Where Product(s) have been ordered from us, and the pram is required before the estimated delivery date Bambini Prams can, at its discretion, provide a temporary pram to the Customer for use. The shipment of the temporary pram to the Customer, use of the temporary pram(including any normal wear & tear), and collection of the pram is covered by Bambini Prams. This service is offered as a courtesy and is not a contractual obligation. Where the Customer agrees to receive a temporary pram, and where the pram is sent to, and received by, the Customer, this is seen as a fulfillment of the outstanding order, and any changes to, returns or cancellations of the outstanding order, after the temporary pram has been received by the Customer will be subjected to our standard Cancel, Adjust and Return terms and conditions as outlined in Clause 12. Where the Customer agrees to receive a temporary pram, and where the pram is sent to, and received by, the Customer, no further compensation may be demanded or given by Bambini Prams. Per Clause 11.3 'Bambini Prams will use its best endeavours to meet any estimated Delivery dates but cannot be held liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated Delivery date'. Outside of your Consumer Rights, should a Cancel, Adjust or Return be agreed and made following the Customer agreeing to, and receiving, the temporary pram, Bambini Prams reserve the right to charge a rental fee for the duration the Customer has had the temporary pram in their possession.
11.5 DAMAGED IN TRANSIT/MISSING PRODUCTS
Bambini Prams is not be liable for missing or damaged Products received at time of delivery, if notice of the missing/damaged Product has not been given to Bambini Prams within (14) days of delivery.
11.5 NOTICE REGARDING SHIPPING COSTS CHARGED
Where shipping costs are charged on our website, the amount paid by you is a contribution towards shipping only. Charged rates are not representative of the actual costs incurred by Bambini Prams in shipping products. Where shipping is calculated into refunds or processed orders, Bambini Prams reserve the right to charge at our actual cost rate, rather than the contribution cost rate.
12.1 CANCELLING AN ORDER
Once your order has been completed Bambini Prams will send an email confirming the order details. With the exception of the conditions outlined in Clause 12.2, once this email has been sent we are unable to make any amendments to your order including any changes to shipping address or applying a discount. Any cancelling of orders after this point may attract a service fee. Where an order has been paid for by payment plan 20% of that order value is non-refundable.
Bambini Prams reserve the right to cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if; (a) the Product(s) in that order are not available; (b) there is an error in the price or the Product(s) description posted on the Website for the Product(s) in that order; (c) Bambini Prams deem a coupon code has been applied to an order in an unauthorised or incorrect manner(which will be at the sole and unfettered discretion of Bambini Prams); (d) that order was paid for via direct deposit, and the Product(s) in that order sold out while Bambini Prams were awaiting the funds to be received for that order; or if, (e) your order has been placed in breach of these Terms and Conditions.
As separate from 30 Day Trial(See Clause 13.1 and 13.2), 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. Once an order's 30 Day Trial period(see Clause 13.1 and 13.2) and/or Consumer Rights returns period has expired Bambini Prams do not accept order cancellations or returns. Bambini Prams do not accept 'change of mind'/incorrect product ordered returns. Where an order has been paid for by payment plan 20% of that order value is non-refundable if the order has not yet been dispatched. Outside of your Consumer Rights, where a return is agreed to and made, Bambini Prams do not cover the cost of the return, do not refund any postal or shipping costs, and reserve the right to charge a service fee of up to 40% of the order value. All goods must be returned in their original condition and packaging to considered for any refund. Allow at least 28 business days for your refund to be processed.
Bambini Prams offer a 30 Day period to trial your pram for all purchases made via our online Website or via phone or email order. To qualify for the trial you are required to notify us at point of order that your intention is to trial the pram and that you understand the 30 Day Trial Terms. The 30 Day Trial period commences from the date your Product(s) are dispatched from our NSW warehouse. While you are undecided in your purchase we require that you trial the pram, only as per the manufacturer’s instructions and technical specifications and in a clean, indoor environment, ensuring that no damage or wear occurs that will void your return rights. We also require that you retain all packaging during this period. Refer to additional requirements Clause 13.3.
13.2 30 DAY TRIAL RETURNS
If, after 30 days, you decide the pram isn’t right for you, you can proceed with a return, following the process outlined in the 30 Day Trial section of our Website. Upon receiving your return request Bambini Prams will acknowledge via email and a collection will be arranged via our designated freight company at a time convenient to you. Once your return is received it will be inspected by Bambini Prams. Broken, damaged or soiled items are not accepted, and Bambini Prams will notify you if this is the case. Where the return is in its original condition and packaging, we will contact you and arrange a refund of the purchase price (excluding the send and return shipping costs) via bank transfer to your nominated bank account. Allow at least 28 business days for your refund to be processed. Where shipping is calculated into refunds or processed orders, Bambini Prams reserve the right to charge at our actual cost rate, rather than the contribution cost rate. All returns must meet the requirements set out in clause 13.3 to be considered valid. Additionally, if you do not meet our collection appointment as agreed the 30 day trial return request will be considered voided.
13.3 30 DAY TRIAL RETURN REQUIREMENTS
To return your pram satisfactorily the following requirements must be met; the Product(s) must have been originally purchased via the Bambini Prams website, or via phone order; Bambini Prams must be notified at the time of order that you the pram is being purchased to trial; the Customer must notify Bambini Prams of their wish to return within the 30 Day period; all products must be returned in their original condition, and packaging, with no signs of wear. (Should you have discarded the original packaging, please contact our Customer Service Team who will be able to assist you); and all accessory products, corresponding items or ‘gift with purchase’ products, that arrived as part of your pram order, must be returned. These must also be returned in their original condition/packaging.
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