MAYBORN ANZ PTY LIMITED TERMS AND CONDITIONS OF SALE

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These terms and conditions of sale (“Terms”) apply to any order to purchase products through www.tommeetippee.com/en-au (the "Website"). The Terms should be read alongside, and are in addition to, our website terms and conditions (“Terms of Use”) and our privacy policy (“Privacy Policy”) and cookies policy (“Cookies Policy”).
Please read these Terms carefully before you submit your order to us. By ordering a product from us, you agree that you have read, understood and agree to these Terms, the Privacy Policy, Cookies Policy and the Terms of Use (each as amended from time to time). If you do not agree to these Terms, you must not order any Product from us and if you are purchasing or have purchased our products from a third-party retailer, these Terms will not apply and you should refer to the terms and conditions of sale of the relevant retailer.
1. INFORMATION ABOUT US
1.1 We are Mayborn ANZ Pty Limited (“we”, “us” or “our”) a company registered in Australia with ACN 154 703 134 and based at Units 21-22, 15 Ricketts Road, Mount Waverley, VIC 3149.
1.2 You can contact us by telephoning our customer service team on 1 800 096 938 (open Monday to Friday between 11am and 5pm, AEST) or by writing to us at Mayborn ANZ Pty Limited, Units 2-22, 15 Ricketts Road, Mount Waverley, VIC 3149.
1.3 If we have to contact you we will do so by telephone or by writing to you at the email or postal address you provided to us in your order.
1.4 When we use the words “writing” or “written” in these Terms, this includes emails.
2. OUR CONTRACT WITH YOU

2.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

2.2 By ordering any products from us, you confirm that you are:

(a) Resident in Australia; and

(b) Ordering products for delivery in Australia (for the purposes of these Terms, we deliver to mainland Australia and Tasmania).

If any of the above is incorrect, you should not order any product from this Website, and we reserve the right, in our sole discretion, to refuse to accept your order.

2.3 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

2.4 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3. OUR PRODUCTS

3.1 The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

3.2 The packaging of the product may vary from that shown in images on our Website.

4. PRICES AND PAYMENT TERMS

4.1 All prices are in Australian Dollars. You must pay for your products by the methods of payment as may be displayed on the payment page of the Website. We accept the following payment methods: Mastercard, Visa Credit, Visa Debit, American Express, Apple Pay, PayPal, Google Pay etc.

4.2 You must pay for the products before we dispatch them.

4.3 Delivery costs, where applicable, are payable by you as indicated on your order.

5. DELIVERY

5.1 Orders placed on this Website can only be delivered in Australia and we use Australia Post as our delivery agent.

5.2 The product will be your responsibility from the time we deliver the product to the address you gave us. You own the product once we have received payment in full.

5.3 The costs of delivery will be as displayed to you on our Website.

5.4 During the order process we will let you know when we will provide the products to you. We will contact you with an estimated delivery which will be within 3 days after the day on which we accept your order.

5.5 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

5.6 You will receive email or text notifications from Australia Post about the delivery of your order. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you can opt to use Australia Post’s Safe Drop option (when you accept responsibility for the parcel) or Australia Post will leave you a missed delivery card, informing you how and where to collect your order from a local post office.

5.7 If after a failed delivery to you, you do not re-arrange delivery or collect them from a post office we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

5.8 We will contact you in advance to tell you if we will be suspending supply of a product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

6. YOUR RIGHTS TO END THE CONTRACT – RETURNS, REFUNDS AND EXCHANGES

6.1 If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the product(s) or these Terms which you do not agree to;

(b) we have told you about an error in the price or description of the product(s) you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

6.2 Importantly, the rights described in this policy are in addition to the statutory rights to which you may be entitled under Australian Consumer Law and other applicable Australian consumer protection laws and regulations, and we offer a goodwill guarantee which offers you 30 days to return a product and receive a refund if you change your mind. You are responsible for the costs of return.

6.4 You have 30 days to change your mind after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods. Goods must be returned in a re-saleable condition.

HOW TO END THE CONTRACT

6.5 To end the contract with us, please let us know by doing one of the following:

(a) Phone ParentHub on 1 800 096 938 (open Monday to Friday between 11am and 5pm AEST).

(b) By post. First login to the ‘My Account’ area of the Website and select the Return option and from a link, print off the Returns Label and post the products back to us at the address on the form.

6.6 We will pay the costs of return:

(a) if the products are faulty or misdescribed; or

(b) if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

6.7 For agreed refunds, we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 2-7 days at one cost but you choose to have the product delivered within 1-3 days at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

6.8 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day on which we receive the product back from you.

7. OUR RIGHTS TO END THE CONTRACT

7.1 We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

(c) you do not, within a reasonable time, allow us to deliver the products to you.

7.2 If we end the contract in the situations set out above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

8. IF THERE IS A PROBLEM WITH THE PRODUCT

8.1 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these Terms will affect your legal rights.

8.2 In addition to the cancellation rights above, you also have certain statutory rights, pursuant to the Australian Consumer Law (ACL), Australia’s national consumer law and it applies at the Commonwealth level and in each state and territory, these include that: the products you purchase are of acceptable quality, reasonably fit for purpose and as described. If a major fault is found in the product you purchased, within a reasonable period of time you may exercise the right to a refund if the product purchased is not of acceptable quality, reasonably fit for purpose or as described.

8.3 For further information about your statutory rights, in Australia please contact your State Consumer Affairs Office or the Australian Competition and Consumer Commission (ACCC).

9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

9.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of acceptable quality; reasonably fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Australian Consumer Law.

9.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10. OTHER IMPORTANT TERMS

10.1 We will only use your information as set out in our Privacy Policy.

10.2 We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

10.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its Terms.

10.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.5 These Terms shall be governed by and construed in accordance with the laws of the state of Victoria. Proceedings may be brought in relation to the matters set out herein in the courts of Victoria.