Terms and Conditions

Postage

Cloth Baby uses Sendle as primary delivery agent, but can ship any order via a third party courier service on request of the customers and additional fees may be required.

All purchases require a shipping/ mailing address so purchases can be delivered.

Postage charges a flat rate of $9.95 standard mail or $15.00 express post within Australia for our deliveries. Purchases totalling to $1-$149.95, flat rate shipping is applicable. All purchases made over $150.00 are eligible for FREE shipping. All deliveries from Cloth Baby are trackable and you will be supplied with these details via email when your order is packed and shipped.

Orders delivered by Australia Post will usually deliver your order within no later than 10 days from dispatch, may vary based on location and if there are any public holidays in the period of dispatch.

Cloth Baby will usually process your order within 48 hours after it is received. If we are unable to process your order, Cloth Baby will contact you to make alternate arrangements.


Payment

Cloth Baby accepts payment in various forms.

  • Credit card
  • PayPal
  • Direct Deposit

This is a payment option on check out, on processing customers will be contacted by Cloth Baby within 24 hours by email to provide details, payment requires clearance prior to dispatch


Returns

We individually hand pack each of our orders, we check our products on processing, but sometimes we can be human and mistakes sometimes do occur, this may be in way of a faulty product or incorrect print, we will do our best to rectify the situations as best we can.

If any of these things happen to customers we ask they contact us directly on receipt so we can correct the order to the customers satisfaction. We will work to ensure that the product is replaced or repaired as soon as possible.

Suspected warranties – all items are covered under a blanket 3-month warranty, Cloth Baby will assist customers with any warranty concerns based the product has been purchased within the months of the claim date and proof of purchase is supplied. Not all detected faults are automatically warranty repairs, these items need to be inspected and referred to Cloth Baby as soon as detected. All warranty items are subject to inspection and some considered for replacement. General wear and tear can be evident within 3 months of purchase if care instructions have not been followed, it may not be classed as a warrantable replacement, if deemed not, the customer will be notified, and a resolution will be sort.

Cloth Baby is not required by law to offer a refund or replacement for change of mind. If you have changed your mind about your purchase, please contact us and at our discretion, we may offer a store credit or exchange minus delivery costs. Any change of mind returns must be returned in original, unwashed, unused condition with original packaging. All change of mind returns will be inspected prior to store credit or exchange being granted.

Please ensure that you contact Cloth Baby prior to returning any items.


Terms and Conditions

  1.         Definitions

1.1       “Seller” means Emma Avery/Cloth Baby, its successors and assigns or any person acting on behalf of and with the authority of the Seller.

1.2       “Buyer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Buyer is a reference to each Buyer jointly and severally.

1.3       “Goods” means all Goods or Services supplied by the Seller to the Buyer at the Buyer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4       “Price” means the Price payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 4 below.

  1.         Acceptance

2.1       The Buyer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Buyer places an order for or accepts delivery of the Goods.

2.2       These terms and conditions may only be amended with the Seller’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Buyer and the Seller.

2.3       None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.

2.4       These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on the Seller’s web site. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.

  1.         Price and Payment

3.1       At the Seller’s sole discretion the Price shall be either:

(a)  as indicated on any invoice provided by the Seller to the Buyer; or

(b)  the Price as at the date of delivery of the Goods according to the Seller’s current price list; or

(c)  the Seller’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

3.2       The Seller reserves the right to change the Price if a variation to the Seller’s quotation is requested. Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of increases to the Seller in the cost of taxes, levies, materials and labour or where additional Services are required due to the discovery of hidden or unidentifiable difficulties including, but not limited to, safety considerations, prerequisite work by any third party not being completed or change of design at the Buyer’s request etc which are only discovered on commencement of the Services) will be charged for on the basis of the Seller’s quotation and will be shown as variations on the invoice.

3.3       At the Seller’s sole discretion a non-refundable deposit may be required. The deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods and shall become immediately due and payable.

3.4       Time for payment for the Goods being of the essence, the Price will be payable by the Buyer on the date/s determined by the Seller, which may be:

(a)  on delivery of the Goods;

(b)  before delivery of the Goods;

(c)  thirty (30) days following the end of the month in which a statement is posted to the Buyer’s address or address for notices;

(d)  the date specified on any invoice or other form as being the date for payment.

3.5       Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Buyer and the Seller.

3.6       Unless otherwise stated the Price does not include GST. In addition to the Price the Buyer must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for the sale of the Goods. The Buyer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Buyer pays the Price. In addition the Buyer must pay any other taxes and duties that may be applicable in addition to the Price, except where they are expressly included in the Price.

  1.         Delivery of Goods

4.1       Delivery ( “Delivery “) of the Goods is taken to occur at the time that:

(a)  the Buyer or the Buyer’s nominated carrier takes possession of the Goods at the Seller’s address; or

(b)  the Seller (or the Seller’s nominated carrier) delivers the Goods to the Buyer’s nominated address, even if the Buyer is not present at the address.

4.2       At the Seller’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.

4.3       The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur, shall be reimbursed by the Buyer (without any set-off or other withholding whatever) and shall be due on the date for payment of the Price. The carrier shall be deemed to be the Buyer’s agent.

4.4       The Buyer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery and/or storage.

4.5       The Seller may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

4.6       Any time or date given by the Seller to the Buyer is an estimate only. The Buyer must still accept delivery of the Goods even if late and the Seller will not be liable for any loss or damage incurred by the Buyer as a result of the delivery being late.

 

  1.         Risk

5.1       Risk of damage to or loss of the Goods passes to the Buyer on Delivery and the Buyer must insure the Goods on or before Delivery.

5.2       If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.

5.3       If the Buyer requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Buyer’s sole risk.

 

  1.       Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

6.1     The Buyer must inspect the Goods on delivery and must within seven (7) days of delivery notify the Seller in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Buyer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Buyer must allow the Seller to inspect the Goods.

 

  1.       Intellectual Property

7.1     Where the Seller has designed, drawn or developed Goods for the Buyer, then the copyright in any designs and drawings and documents shall remain the property of the Seller.

7.2     The Buyer warrants that all designs, specifications or instructions given to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Buyer’s order and the Buyer agrees to indemnify the Seller against any action taken by a third party against the Seller in respect of any such infringement.

7.3     The Buyer agrees that the Seller may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which the Seller has created for the Buyer.