MATERNITEA CO TERMS & CONDITIONS In these Sales Terms and Conditions (Sales Terms) ”we”, “us” or “our” mean Tracey Susan Leyshon trading as Maternitea Co (ABN 61 094 760 692), its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases products or related services from us (referred to as “you” or “your”), and collectively the Parties. These Sales Terms apply to all sales made by us to you. These Terms are available at www.maternitea.com (Site).
1. Registration: We will provide a confirmation of account registration when you register on the Site. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
2. Products, Services and Subscription: (a) Access to our products and related services, as set out on the Site, will require you to pay monthly subscription fees (Subscription Fee). (b) It is your responsibility to check the order details, including product/service and pricing, before you complete your subscription or order on the Site.
3. We will provide you with order details, which may include an order number, the shipping address, and a description of what was ordered, when you subscribe to our products and related services and your payment has been validated.
4. A binding agreement comes into existence between you and us once we have confirmed your subscription or given you an order number. No changes to these Sales Terms will be effective unless we both agree to the changes in writing.
5. Price and Payments: (a) When subscribing to our products and related services, you agree to pay us the applicable Subscription Fees and purchase prices as set out on the Site, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All Subscription Fees and purchase prices exclude Australian GST (where applicable). Any delivery and insurance charges will be separately shown. (b) The Subscription Fee for the first month (as applicable) shall be paid at the time you subscribe for the products and related services. You will be required to make payment by way of direct debit, credit card or PayPal and you must provide your bank account, credit card or PayPal account details when completing your online subscription. (c) You acknowledge and agree that: i. to maintain your subscription, payment to us will be made automatically on a monthly payment date, from the bank account, credit card or PayPal account that you have provided to us; Tracey Susan Leyshon t/a Maternitea Co Terms and Conditions ii. if we are unable to take payment from your bank account, credit card or PayPal account, we will attempt to contact you via email as soon as we become aware of the payment failure. Until payment is confirmed, our products and related services will not be provided to you. (d) You must not pay, or attempt to pay, for your subscription and/or order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your subscription and/or order may be cancelled.
6. Availability and Cancellation: (a) All purchases made with us are subject to availability. We do our best to keep in stock most products, ensure that services supplied by us are made readily available to you, and to keep the Site up to date with availability of products or services. (b) If there is a considerable delay in dispatching your order or supplying services to you, or if for any reason we cannot supply a product or service you have ordered, we will contact you using the contact details provided by you when registering on the Site. (c) You can choose a refund, store credit or to put your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for supply/delivery once the product or service is available (as the case may be).
7. Delivery: (a) Location: We deliver worldwide. Please refer to the delivery information on the Site for your particular area. (b) Cost: We offer free delivery for some products to some areas, as set out on the Site. If free delivery does not apply, a delivery fee will apply, as set out on the Site. (c) Timing: We will normally dispatch the product within 3 business days from the receipt of your order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order. (d) Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you will be required to collect your delivery from the relevant delivery company. (e) Method: We may deliver the products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery you will be notified, generally by the delivery company leaving a card with contact details, so that you can arrange to collect the delivery from the relevant delivery company at a more suitable time. (f) Title: Title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
8. Discount Codes and Promotions: We may from time to time offer promotional discount codes, which may be applicable to products or services on the Site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
9. Intellectual Property Rights (a) Intellectual Property Rights mean all present and future rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, Tracey Susan Leyshon t/a Maternitea Co Terms and Conditions service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights (Intellectual Property Rights). (b) We own all Intellectual Property Rights in the Site, business, products, services and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials. (c) You must not breach our Intellectual Property Rights by, including but not limited to altering or modifying any of the Materials, creating derivative works from the Materials or using our Materials for commercial purposes such as onsale to third parties.
10. Dispute Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure: (a) The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting). (b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
11. Consumer Law, Return, Refund and Exchange Policy (a) ACL: Seller’s goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL). Nothing in the Sales Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which may not be limited or excluded. (b) Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for 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. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.” (c) Warranties: Seller: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. Manufacturer: The product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the Tracey Susan Leyshon t/a Maternitea Co Terms and Conditions meaning of the ACL, the manufacturer’s warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers’ warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer’s warranty. (d) Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us. (e) Refund: If you are entitled to a refund, we will only give you the refund once evidence of the faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Sales Terms. Any refund we make will be by the same payment method used to purchase the product or service. (f) Used: Subject to this clause, we will not accept any product that has been used, or if your product is custom-made or is a special buy product. (g) Packaging: You must adequately package any product you are returning to us to ensure that it is not damaged during return delivery to our warehouse. You will arrange for any products to be returned to us, within 5 business days. (h) Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made. (i) Change of mind: We do not accept returns for change of mind or circumstances, including but not limited to, dislike of product taste.
12. Limitation of Liability and Disclaimers: (a) While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. (b) Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms. (c) To the extent permitted by law, we exclude all conditions and warranties, except for your Rights including but not limited to: i. we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms; ii. we take no responsibility for, and will not be liable for the Site or the products or services being unavailable; and iii. we will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products or services, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage. Tracey Susan Leyshon t/a Maternitea Co Terms and Conditions (d) To the extent permitted by law, our total liability arising out of or in connection with the products, the services or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Terms. (e) This clause will survive termination of these Terms.
13. Medical Disclaimer: You agree that any information contained in our Site or materials or services provided with our products, including but not limited to dietetic programs, (collectively Materials) is provided to you as a guide only and is not an attempt to practice medicine or provide medical or nutritional advice. Such Materials and our product(s) are not to be used or relied on for any diagnostic or treatment purposes including but not limited to fertility and weight loss. We are not responsible for any health problems that may result from your use of our product(s) and Materials. Use of our Site and Materials does not establish a doctor-patient relationship. The Materials, our Site and our product(s) should not be used as a substitute for professional diagnosis and/or treatment. Any health information in our Site or Materials is provided for your convenience only. The Site and Materials are intended for general information purposes only and do not take into account your own personal circumstances. They are not intended to be advice, they are not intended to be relied upon and they are not a substitute for professional medical advice based on your personal circumstances. You are solely responsible for determining the suitability of our product(s) and we recommend you consult with a medical professional before using our products or Materials. Your reliance on any Materials or other information that is provided to you through our Site or with our product(s) is at your own risk. We accept no liability for any result, direct or indirect, of you using the product. If any symptoms or side effects occur you should stop using the product immediately and consult your doctor or medical professional.
14. Amendment: These Sales Terms may be amended from time to time without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Sales Terms before purchase. Our agents, employees and third parties do not have authority to change these Sales Terms.
15. Indemnity: You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products or services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.
16. General: (a) Business Days: Any reference to business days means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales, Australia. (b) Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines (c) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law Tracey Susan Leyshon t/a Maternitea Co Terms and Conditions (d) Termination: We reserve the right to refuse supply of the products or services ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Site at our sole discretion, without incurring any liability to you. (e) GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Sales Terms you agree to pay us an amount equivalent to the GST imposed on these charges. (f) Relationship of Parties: These Sales Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee. (g) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Sales Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing. (h) Notice: Any notice in connection with these Sales Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party. (i) Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Sales Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Sales Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing. (j) Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent. (k) Severability: If any of these Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. (l) Jurisdiction and Applicable Law: Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Sales Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the 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. (m) Entire Agreement: These Sales Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
For any questions or notice, please contact us at: Tracey Susan Leyshon t/a Maternitea Co ABN 61 094 760 692 302, 123 Dolphin Street, Coogee NSW 2034
[email protected] Last update: 5 October 2016 LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.