Terms & Conditions
Shopping on the internet is quick, easy and it is our intention to make your entire shopping experience with us as pleasurable as possible.
We suggest that you carefully read the terms and conditions that are detailed below as this forms the basis of the sale agreement between you and The Baby Gallery when you purchase goods from our website. If you proceed with your purchase you are acknowledging that you have read these terms and conditions of sale and that you acknowledge that your purchase from us is subject to these terms and conditions. We have attempted to keep the text in simple to understand language. If any part is confusing or not clear, please contact us.
Please note that from time to time, these terms and conditions may change. We therefore recommend that you review these terms and conditions on a regular basis to identify any changes that may affect you.
Goods and Services Tax (GST)
Goods and services tax is applicable on all our products. As you will note from our website, in our stores and in our catalogues, all prices include GST. The current rate of GST is 10%. This rate may change in the future and will be based on Australian legislation. The prices indicated for products exclude freight and handling.
We will at all times use our best endeavours to ensure that the prices on our website are accurate at any point in time. The prices that are displayed on our website and in our stores at any point in time are only current at that particular point in time and we reserve the right to alter our prices at anytime without prior notice. This may occur for example when products are on sale or when prices may change for various reasons. When price changes do occur, they will be automatically updated on the website.
At this point in time, The Baby Gallery does not send items overseas.
Title for goods ordered on our site will pass to you when we receive payment in full for your order.
SSL Encryption of financial information
When purchasing from The Baby Gallery your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. You can rest assured knowing that any credit card and sensitive financial information you provide The Baby Gallery on its websites is fully secure.
We don't store any sensitive credit card information on our website. Secure Socket Layer (SSL) encrypted protection is used for all credit card and financial transactions and this information is sent directly to our ordering processing centre.
SSL - is the leading security protocol on the Internet and is widely used by many companies in Australia and around the world. SSL does two primary things: 1) it validates the identity of a Website; and 2) it creates an encrypted connection for sending credit card and other personal data. When paying by credit card and entering your credit card details, you will note a "lock" icon at the top or bottom of your browser. If the lock is closed, you are on a secure SSL or TLS connection ; all your financial information is therefore securely encrypted.
Use of Goods
It is essential that all products purchased from us are only used in the manner that they are intended to be used. It is essential that the products purchased from us are not modified in any way whatsoever from the condition they were supplied in. We accept no responsibility whatsoever if products are modified in any manner from the condition that they were supplied. If you are at any time unsure about a products intended use, it is essential that you contact us by e-mail immediately for advice in this regard.
Use of Graphics on our Website
At all times we will try to ensure that the graphics on our website are as accurate and as close to the actual products as possible. Computer colours and the large range of computer monitors available make the matching process a lot more difficult so on our website it is important to note that visual dimensions of products are used for graphic purposes only. In all cases, it essential that you use the actual written dimensions of each product when this is applicable.
Communication from The Baby Gallery
As a condition of purchase from The Baby Gallery we reserve the right to email you our newsletters and information that we may consider may be of interest to you. We respect your right not to receive this information and if you advise us that you do not wish to receive this information we will disable that functionality for your account. All our newsletters and communications of a similar nature will have a clear link to unsubscribe.
Limitation of Liability
Save as expressly provided in these Terms and Policies or in the Competition and Consumer Act 2010 (Cth.) ("Act") and equivalent State and Territory legislation:
- all conditions, warranties or consumer guarantees (whether express or implied by statute or common law or arising from conduct or by previous course of dealing or trade custom or trade usage or otherwise) as to the quality of the products or their fitness for any particular purpose (even if that purpose is made known expressly or by implication to you any other matter covered by the conditions and warranties implied by Part 3-2 Div. 1 of the Act (other than sections 51, 52 and 53) are hereby expressly excluded; and
- The Baby Gallery accepts no liability for any loss, damage, cost, loss of profits, anticipated savings, wasted expenditure, loss of contracts with third parties, or consequential loss ("Loss") whether suffered by you or by any third party and whether or not The Baby Gallery was aware that such Loss was possible or such Loss was otherwise foreseeable, whether such Loss arises from any representation, recommendation or advice made or given in relation to the products, the use of the products, or the failure by The Baby Gallery to observe and fulfil its obligations under these Terms or otherwise.
To the fullest extent permitted by law, The Baby Gallery's liability for any breach of a consumer guarantee implied by the Competition and Consumer Act 2010 (Cth)(and which cannot be excluded) shall be limited to any one or more of the following (as determined by The Baby Gallery in its absolute discretion): in the case of products, the replacement, repair or payment of the cost of replacement or repair of the product. However, if the failure to comply with a consumer guarantee is a major failure (as defined in s 260 of the Australian Consumer Law [ACL]), you may reject the goods within the period of time stipulated in s 262 of the ACL, and in such circumstances you may seek from The Baby Gallery at your choice, a full refund or a replacement of the goods.
Authority to Purchase from The Baby Gallery
By accepting our sales terms and conditions, you are acknowledging that you have the authority to enter into a commercial transaction with The Baby Gallery. If you are under 18 years of age, you cannot enter into a transaction with The Baby Gallery. Instead, you should seek the assistance of you parents or guardians. Commercial employees, purchasing on behalf of their company or business must have the appropriate company authority to enter into a transaction on the company’s behalf.
The Baby Gallery shall not be 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 The Baby Gallery, and The Baby Gallery shall be entitled to a reasonable extension of time for the performance of such obligations.
Our company name is Kolridge Pty Ltd - Trading as The Baby Gallery - Our ABN is 36 073 043 286.
The transactions contemplated on this site and all legal aspects associated with this site will be governed by the laws of the State of VIctoria and the Commonwealth of Australia.