These terms and conditions apply to the CUTEABLY ABN 54 632 241 831 website located at www.babypramsaustralia.com.au (the “Website”).
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes
- Your contract for the purchase made through babypramsaustralia.com.au is with Cuteably, and you undertake that all goods ordered by you are for your own private and domestic use only is not for resale.
- You must be eighteen years old or above to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
- You warrant that all details you provide to babypramsaustralia.com.au for the purpose of ordering or purchasing goods are true, accurate and complete in all respects; and that the credit card you are using is your own and that there are sufficient funds in your account to cover payments of the product(s) ordered.
- It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
- CUTEABLY reserve the right to terminate our agreement with you and suspend or terminate your access to the site immediately and without notice to you if:
- You fail to make payment to us when due
- You breach any of our terms and conditions
- When requested by us to do so, you fail to provide within a reasonable time frame, sufficient information supplied by you, or your identity.
- We suspect you have engaged or are about to engage or have the way of being involved in a fraudulent or illegal activity.
- All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
- The “confirmation” stage sets out the final details of your order. Subject to stock availability, you will be requested to enter your credit card details and once your card has been approved, we will accept your order and our contract is made.
- We will send you confirmation of your purchase by email in the form of a tax invoice/receipt detailing the product you have purchased.
- If you place an Order for someone else to receive the Goods you must obtain their consent before providing CUTEABLY with their personal information and, by placing an Order, you confirm to Baby Bunting that you have done this.
- If an item is out of stock or labelled as PRE-ORDER, it will be placed on “BACKORDER”. Please note that ETA’s can be up to 4-7 weeks. Please check with our customer service before placing order. If an item is marked “On Back Order” We do not and cannot guarantee dates at all – we can only give an Estimated Time of Arrival (ETA). We do not refund due to delivery delays.
- The delivery period stated within which you will receive your order is approximate.
- CUTEABLY is not responsible for the delivery times of Products.
- Goods will be sent to the address given to us by you in your order and stated in the purchase confirmation.
- You will receive an email to notify you when your order has been dispatched.
- We have the right to choose the means and carrier with which we deliver your order.
- Risk of loss and damage of products passes to you on the date when the products are delivered.
- Repeat deliveries may incur additional charges.
- All credit and debit cardholders are subjected to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
- Payment method like PayPal takes longer to process, funds can take between 3 to 5 days to clear, and your order will be queued in our system. Your order will only be accepted and processed when payment is received. We do not hold or allocate any stock for queued orders, so the product/s ordered could become out of stock in the time between your purchase and payment being received. If a stock is not available, we will contact you to provide you with the full refund within 30 days.
Customers have 6 months from the date of delivery to make contact with us should they wish to return their pram. All products must be returned in their original condition and packaging with no signs of wear and tear.
Exclusions to this policy include accessories, exchange for a different colour or exchange to take advantage of a variation in price.
Please follow the below steps for return process:
- Email us within 6 months for a return authorisation at Love@cuteably.com.au
- Re-pack the products exactly as they came in their original packaging including plastic wrap, any other packaging to reduce damage during transport and undamaged box (understandably the tape may have caused minor damage to the box, please do your best to take care when opening upon delivery). Returns which arrive at us not packaged as per instructions given will incur a $50 repacking fee.
- We’ll send you a postage label and instructions on how to print and stick this to the outside of your box.
- Our courier company will pick up the parcel from your home or we may ask you to drop the pre-paid box off at your nearest Post Office.
- Upon return of the pram to Melbourne and confirmation that the product is in its original condition*, a refund EXCLUDING RETURN DELIVERY FEE will be processed after 7 days and you’ll receive an automatic notification to advise that the payment has been reversed.
*Damage to returned items: If the pram is received and has clear signs of usage, a refund will not be paid plus the customer will be responsible for paying for all shipping fees associated with the return as well as a $79 administration fee before the pram is sent back to them. We do our best to accommodate as much wear as we can; however, we trust you understand that we cannot accept products in an unsalable condition.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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.
Once we have received the product, we will inspect and confirm the reported fault and inspect the rest of the product. Depending on the nature of the fault, we will contact you and arrange a replacement, repair or refund.
Please order carefully as we do not refund or exchange simply because you changed your mind, or you have made an error in finalising your order (such as choosing an incorrect size or colour).
Please refer our Returns Policy for more information. https://babypramsaustralia.com.au/Returns-policy
Our Product(s) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and to have the goods repaired or replaced if the Product(s) fail to be of acceptable quality and the failure does not amount to a major failure.
Customers should read and consider the user guides carefully before assembling and using any CUTEABLY Product(s). CUTEABLY all prams come with a 12-month warranty to cover against faults in materials and workmanship when used under normal conditions, according to user manuals and technical specifications.
The warranty period starts from the date product is dispatched from our warehouse.
To the extent permitted by law, the following are not covered by Warranty:
- Failure or defects or faults resulting from improper assembly, care or use as outlined in our user manual;
- Defects or faults resulting from an accident, airline or transport damage;
- Normal wear and tear, including scratches to the frame or colour fading of the fabrics;
- Damage to handle/belly bar grips or fabrics (i.e. scuffs or tears) as a result of normal handling and daily use;
- Corrosion, mould or rust due to extreme environmental conditions, including high humidity, salt spray, snow or due to lack of regular maintenance.
- Products that are purchased second hand or from an unauthorised distributor;
- Using a part or accessory that is not compatible with the product and/or not manufactured by CUTEABLY Pram suppliers;
- If you or a third party has attempted to modify or repair the pram without having received written permission from CUTEABLY.
- Claims from anyone other than the original purchaser (i.e. no longer valid if you give you your sibling or friend)
- Damage resulting from extreme heat conditions (i.e. leaving in a car on hot days)
- Customer dissatisfaction with the product in terms of fit, weight, functionality, colour or design.
- Inner tube tyre punctures, tyre bulges or broken air valves;
To determine whether there is a fault with your pram, our customer service team will ask you for a detailed description of the issue and may ask for photo or video evidence to support it.
Twelve Month warranty claims must be made by email to firstname.lastname@example.org.
Customers are liable for any transportation costs as well as an administration fee of $79 if the Product(s) is not found to be faulty.
LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall CUTEABLY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products procured using the service, or for any other claim related in any way to your use of the product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
MODIFICATIONS OF THE SERVICE AND PRICE
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the products (or any part or content thereof) without notice at any time.
- We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the products.
PRODUCTS OR SERVICES (if applicable)
- Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
- We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
- We reserve the right but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
- We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
You agree to indemnify, defend and hold harmless CUTEABLY (www.babypramsaustralia.com.au) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- Promotional codes can only be used online and are subject to these general terms and conditions.
- We reserve the right to withdraw or cancel promotional codes for any reason at any time.
- Promotional codes are and remain at all times, the property of CUTEABLY.
- Where a promotional code is issued to a specific individual the right to any associated discount is personal to the recipient and may not be transferred.
- Promotional codes distributed or circulated without the written approval of CUTEABLY, are not valid for use and may be refused or cancelled.
These terms and conditions shall be governed by and constructed in accordance with the laws of Australia and shall be subjected to the non-exclusive jurisdiction of the courts of Australia.