Terms and Conditions

About These Terms And Conditions

In these Terms and Conditions “we” and “us” mean Medishift Pty Ltd ABN 60 097 148 206, trading as Baby.com.au, of 24a/203 Castlereagh St, Sydney, NSW 2000, Australia, phone +612 8006-7600, and “you” means you the customer.

These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

 

Prices

All prices are inclusive of GST and are in Australian Dollars. We reserve the right to change prices for Products displayed at any time before you place an Order. The price of products shown excludes shipping costs except where we offer free shipping for orders over a specified amount.Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.

 

Legal Capacity To Transact

If you are under the age eighteen (18) years you cannot place orders with us.

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with us.


Placing Your Order

You may place an Order by selecting items and completing the order process on the www.baby.com.au website by entering your personal details.

When you place your Order, we will issue you with an Order Number. We will do this by email.

By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the www.baby.com.au website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however we will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Medishift Pty Ltd and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.


Payment Methods And Processing

We currently accept PayPal, BPAY, Visa and MasterCard only.

Payment processing will not begin until we receive all the information we need.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding NSW Public holidays.

We process credit card and PayPal payments after you click the "Submit My Order" button.

Where you pay by BPAY you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation.

If a BPAY payment is not received within 7 days from the date that you receive your Order Confirmation, we reserve the right to cancel the transaction.

For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Where you pay by BPAY a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase.

Please Note:

  • Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
  • You may be required to provide further identification for additional security reference checks.

 

Our Liability

To the extent permitted by law:

  • We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
  • Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.


Your Data - Use And Protection

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement


Credit Card Fraud

While we employ Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.


Fraud Protection or Prevention Procedures

When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online Fraud.


Copyright

This site and its contents are subject to copyright. The copyright is owned by Medishift Pty Ltd, or in the case of some material, a third party.
You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.


Trade Marks

This site includes registered trade marks, and other trade marks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trade marks is strictly prohibited.


Viruses

We cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release us entirely of all responsibility for any consequences of its use.


Third Party Sites

This site may contain links to third party sites. We are not responsible for the condition or content of those sites as they are not under Medishift Pty Ltd's control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by us of the sites or the products or services provided on the site.
This site may be accessed throughout Australia and overseas. We make no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
We are not responsible for the privacy practices of sites that are linked to this site via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose site you are visiting.


General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Medishift Pty Ltd. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions 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 Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
We reserve the right to change the Terms and Conditions of sale at any time.
No Medishift Pty Ltd employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
All information available on this website should be used as a guide only. We reserve the right to change product data at any time as we see fit.

Force Majeure

To the extent permitted by law, Medishift Pty Ltd is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Medishift Pty Ltd, we shall be entitled to a reasonable extension of time for the performance of such obligations.


Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.