1. Interpretation
In these conditions:
(a) All references to “we”, “us” or “Meke Baby” means Meke Baby Pty Ltd (ABN 98 664 872 155), being the seller of the goods.
(b) All reference to “you” or “the Customer” means the purchaser of the Goods.
(c) “Goods” refer to any product which is supplied by Meke Baby to the Customer.
(d) “Website” means the website appearing at the URL mekebaby.com.au.
(e) Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law 2010) and which by law cannot be excluded, restricted or modified.
2. Orders
2.1 Orders for any Goods may be placed through this Website.
2.2 Once an order is placed, you will be notified of the estimated delivery time for those Goods. If there are any anticipated delays in the anticipated delivery date, you will be notified by one of our customer representatives.
2.3 Payment for a ny Goods (including GST and shipping costs) will be required in full at the time of placement of any order. Any freight or transportation costs associated with the delivery of the Goods will be borne by the Customer.
2.4 In the event that there are any delays in the estimated delivery date due to circumstances which our beyond our control, including any force majeure event, we will make all reasonable efforts to fulfill the order but do not accept responsibility for any such delay.
2.5 If you decide to cancel or change any order, you must notify us immediately of the cancellation or change. Orders may not be cancelled once the Goods have been dispatched for delivery. If the order has already been dispatched for delivery, you will be liable for the cost of the Goods and delivery charges associated with those Goods.
2.6 All Goods must be inspected by you at the point of delivery and checked for any defects or faults. Any fault or damage to the Goods must be reported to us within 24 hours of receiving your order, including a detailed description of the damage or fault as well as photographic or video evidence clearly identifying the damage or fault. If no fault or damage to the Goods are reported to us within this period, it is assumed that the Goods are accepted as fit for purpose and no responsibility for any subsequent damage to the Goods will be taken by Meke Baby.
3. Shipping and Delivery
3.1 Any deliveries outside the City of Melbourne will be shipped and delivered by normal or specialized courier.
3.2 In the event that no one is present on site to accept delivery, you acknowledge that you accept all potential risk liability with respect to those Goods once delivered.
3.3 If delivery of your Goods is delayed or is unable to be completed for any reason, the shipping service provider will try to communicate with the Customer directly. We will be contacted by the shipping service provider if they are unable to get in touch with the Customer directly. Some common causes for shipping delays and failed delivery attempts may include:
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Missing Delivery Street Address. In this instance, we will attempt to contact the Customer to obtain the needed information.
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Missing Delivery Contact Number. Our assigned delivery drivers and our operations team require a contact number in case they need to contact the Customer for any concern regarding the delivery.
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Incorrect Address. Orders cannot be delivered when the delivery address provided is incorrect. It is important that the Customer check if the correct delivery address has been entered when placing an order. In the event delivery was attempted to the incorrect address provided, a re-delivery and change of delivery address fee will be charged.
3.8 All external shipping and delivery services we organise are strictly at the request and on behalf of the Customer. All risk of loss or damage to the goods passes to the Customer when we dispatch the Goods and the assigned shipping service provider or agent has taken receipt of the Goods on behalf of the Customer.
4. Warranty, Returns and Exchange Policy
4.1 All our Goods are manufactured using high quality components and materials.
4.2 Where a Good has been listed on the Website at the incorrect price or with incorrect descriptive information or incorrect image, we reserve the right to cancel the order. If payment for that order has been received, we will return payment in the same form as we received it as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
4.3 In the event that the Customer wants to return any Goods purchased from us that have been delivered, received and accepted in good order, as permitted by law, it is at our absolute discretion to accept or reject this request if the reason for return is:
- Change of mind
- Ordered wrong Goods
- Did not like the Goods
- No longer requires the Goods
4.4 We will not consider accepting return of Goods for credit after 14 days of the purchase date or if the Goods are not in original condition and cannot be sold as brand new.
4.5 The Australian Consumer Law provides certain guarantees to consumers in relation to Goods and services that cannot be excluded. Our liability for breach of any guarantee implied by the Australian Consumer Law is, to the extent permitted by the Australian Consumer Law, limited to the repair of the Goods, or, at our option, the replacement of the Goods or the supply of equivalent goods or the payment of the cost of repair, replacement or supply of equivalent goods.
4.6 We do not take any responsibility for any damage caused to the Goods as a result of any of the following once the Goods are in your possession:
- any chemical substance (including cleaning products) applied to the Goods;
- any hard impact by any blunt object, sharp or abrasive material;
- ordinary wear and tear.
4.7 You are not entitled to recover damages from us for any default or otherwise under this agreement for indirect or consequential loss, including loss of use, loss of profits, loss of opportunity, damage to reputation or special, exemplary or punitive damages.
4.8 To the fullest extent permitted by law, all terms which might be implied by statute are excluded and our liability for any claim relating to the provision of the Goods, whether pursuant to contract, tort, statute law or otherwise, is limited to the resupply of those Goods.
5. Website Access
5.1 When you visit our Website, we give you a limited, non-exclusive licence to access and use our information for personal use.
5.2 You are permitted to download a copy of the information on this Website to your computer for your personal use only if you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way may infringe our intellectual property rights.
5.3 Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this Website without our prior written permission.
5.4 The licence to access and use the information on our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Website.
6. Hyperlinks
6.1 This Website may from time to time contain hyperlinks to other Websites. Such links are provided for convenience only and we take no responsibility for the content, accuracy or opinions, and maintenance of, or privacy compliance, by any linked website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. You accept any risk associated with accessing any third-party website through a hyperlink appearing on the Website.
6.2 You may link our Website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
7. Intellectual Property Rights
7.1 The copyright to all content on this Website including applets, graphics, images, layouts, text, source code or compilation belongs to us or we have a licence to use those materials.
7.2 All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this Website are either owned by us or we have a licence to use them. Your access to our Website does not license you to use those marks in any commercial way without our prior written permission.
7.3 The Meke Baby milk warmer is subject to the following design applications and registrations belonging to Meke Baby Pty Ltd:
- Australian Design Registration No. 202311301
- New Zealand Design Application No. 431963
- UK Design Application No. 6275215
7.4 Any comment, feedback, idea or suggestions which you provide to us through this Website becomes our property. If in future we use your comments in promoting our Website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your comments.
7.5 If you provide us with comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
