Terms and Conditions for goods sold by Baby Bunting NZ Limited from babybunting.co.nz
These Terms and Conditions constitute a legally binding contract between the customer ("you") and Baby Bunting NZ Limited (NZBN 9429049797633) ("Baby Bunting") and apply to the ordering, purchase, fulfilment and delivery of goods ("Goods") from babybunting.co.nz. By placing an order for Goods from Baby Bunting you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
1. DEFINITIONS
In these Terms and Conditions:
- "Account" means a personal account created by you on the Website;
- "Additional Delivery Charge" has the meaning given in section 3.4;
- "Delivery Charge"has the meaning given in section 3.3;
- "New Zealand Consumer Law" means the Consumer Guarantees Act 1993 (New Zealand);
- "Order" means an order for Goods, placed on the Website;
- "Password" means the password needed to access your Account;
- "Website" means babybunting.co.nz.
2. YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Consumer Guarantees Act (NZ). The Consumer Guarantees Act (NZ) provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Baby Bunting represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify (or have the effect of doing so) any condition, warranty, guarantee, right or remedy implied by law (including the Consumer Guarantees Act (NZ)).
3. ORDERS, PRICING & TAXES
3.1 For each Good in your Order Summary, you are offering to Baby Bunting that you will buy that Good from Baby Bunting for the price plus the Delivery Charge as shown at the time of submission of your Order and, as applicable, any Additional Delivery Charge. Baby Bunting may, in its absolute discretion, accept or reject your offer but will, subject to clause 6, be bound to supply you the Good once your payment has been processed and Baby Bunting has accepted your order.
3.2 For each Order you place you enter into a separate contract with Baby Bunting under these Terms and Conditions.
3.3 Please ensure that you enter all information carefully when placing an Order (including quantities ordered). Orders may not be able to be changed or cancelled once the Order has been accepted.
3.4 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only. If there is a limit on the number of Goods that you can place an Order for, your Order cannot exceed that limit.
3.5 If you place an Order for someone else to receive the Goods, by placing the Order you confirm that you have obtained their consent to provide the Baby Bunting with their personal information.
3.6 Baby Bunting is responsible for dispatching the Goods to you under these Terms and Conditions.
3.7 Where you place separate Orders, the Goods will be delivered separately, and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order.
3.8 Prices for Goods are as shown on the Website.
3.9 Baby Bunting reserve the right to change the prices of Goods displayed on the Website at any time without notice to you. Subject to clause 6.2, the price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by the Baby Bunting.
3.10 In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your Order Summary. Baby Bunting only delivers to certain addresses within New Zealand. Further information about delivery and shipping times is available here.
3.11 You may also need to pay additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our couriers do not provide a door-to-door service (“Additional Delivery Charge”). Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply, Baby Bunting will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timeframe specified, you do not agree to accept the Additional Delivery Charge, Baby Bunting will cancel your Order. Baby Bunting will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
3.12 All prices and Delivery Charges and Additional Delivery Charges quoted are in New Zealand dollars and are inclusive of GST.
3.13 The internet can be unstable and insecure. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
3.14 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system.
4. YOUR ACCOUNT
4.1 If you do not already have an Account you will need to create one before placing an Order. An Account may be a “guest” account.
4.2 You may not set up an Account for someone else.
4.3 You warrant to Baby Bunting that all information provided by you in relation to your Account is complete, true and accurate.
4.4 You must notify Baby Bunting immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
4.5 If Baby Bunting suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Baby Bunting then you must pay Baby Bunting the amount of that loss, damage, cost or expense if Baby Bunting asks you to.
5. AFTER YOU HAVE SUBMITTED AN ORDER/PAYMENT
5.1 When you submit an Order you will receive an Order reference number via e-mail.
5.2 Baby Bunting will process payment for your Order, and thereby your Order is deemed to be accepted when, or shortly after, you place your Order (except to the extent set out in section 3.12). Baby Bunting may cancel your Order after acceptance as set out in these Terms & Conditions in which case it will refund payment in accordance with section 11.
5.3 You must pay for Goods at the time of online checkout with one of the payment methods offered on the Website. By providing your credit card/payment card/gift card you authorise Baby Bunting to deduct the price and the applicable delivery and other charge(s) from such card.
5.4 Baby Bunting may not be able to, or may decline to, accept payment from you at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Baby Bunting reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
5.5 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you.
6. CANCELLATION OF ORDERS
6.1 Baby Bunting may cancel any Order in full or in part, including after an Order has been accepted, but before the Goods have been delivered, (and will notify you of the cancellation) where:
(a) you have failed to pay for your Order or your payment method fails;
(b) Baby Bunting’s suppliers are unable to supply Goods that they have previously promised to supply:
(c) Baby Bunting becomes aware after order confirmation that the Good is out of stock;
(d) Baby Bunting reasonably believes that you are purchasing Goods for the purpose of resupply or resale or the number of Goods you have ordered exceeds any limit applying to those Goods;
(e) an event beyond Baby Bunting’s control, including storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, any epidemic or pandemic or any government mandated response to an epidemic or pandemic, means that Baby Bunting is unable to supply the Goods within a reasonable time;
(f) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(g) where the transaction is suspected of involving credit card or other payment-related fraud; or
(h) in the circumstances set out in sections 3.12, 5.4 or 5.5.
6.2 You may cancel your Order where Baby Bunting:
(a) has breached a material term of these Terms and Conditions; or
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
6.3 If the Order is cancelled after payment has been processed, Baby Bunting will refund any money paid in respect of that Order. Where only part of an Order has been cancelled, the refund will be provided in respect of the amount paid that relates to the cancelled part of the Order. Section 11 of these Terms and Conditions sets out further information about refunds.
7. DELIVERY
7.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
7.2 Goods will only be delivered to addresses within New Zealand. However, there are certain remote areas in New Zealand that we do not deliver to (refer to the delivery and shipping information) unless agreed with you (refer section 3.12),
7.3 Please ensure there is a person present at the delivery premises who is authorised by you to accept delivery. If there is not, the Baby Bunting will endeavour to deliver the Goods if safe and appropriate to do so.
7.4 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Baby Bunting may charge you a reasonable fee for doing this.
7.5 Baby Bunting will not deliver to a PO Box, locked bag or parcel locker.
7.6 Following dispatch of your Goods, Baby Bunting will email you with confirmation of dispatch. Baby Bunting are unable to accept liability for delay in delivering Goods which is beyond their reasonable control (e.g. if stock is unavailable). If the Goods have not been delivered within a reasonable time, please contact us.
8. CLICK & COLLECT - PICK-UP OF GOODS IN STORE
8.1 Some of the Goods sold by Baby Bunting can be picked up from a Baby Bunting store rather than being dispatched to you. Where you wish to do this, you will need to nominate the “Click and Collect” option and the relevant store you wish to collect from when you place your Order. Please note that some Goods are not available for pick up from store. Further information about our Click & Collect service is available here.
9. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
9.1 You agree and acknowledge that:
(a) except to the extent expressly required by law, Baby Bunting does not guarantee and does not accept liability for the delivery or availability of Goods within the timeframes referred to on the Website;
(b) events outside Baby Bunting’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store; and
(c) delays are particularly likely to occur around Christmas, Easter and public holidays.
10. EVOUCHERS
10.1 The terms and conditions for Baby Bunting eVouchers can be found here.
11. REFUNDS OF YOUR MONEY
11.1 Where Baby Bunting is obliged to refund your payment pursuant to these Terms and Conditions, Baby Bunting aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m AEST). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
11.2 Refunds from Baby Bunting will only be in New Zealand dollars.
11.3 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act (NZ)), Baby Bunting will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:
(a) any delay in you receiving any refund due to you; or
(b) differences in exchange rates between the time of purchase and the time of refund (particularly relevant where you have purchased Goods using a credit or debit card issued by a foreign bank or financial institution),
whether in contract or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. RETURNS/FAULTY OR DAMAGED GOODS
12.1 If you have a problem with any Goods or otherwise wish to return them, please refer to Baby Bunting’s Refunds and Returns Policy.
12.2 Baby Bunting’s Refunds and Returns Policy is available here. Please note that, in addition to contacting any applicable manufacturer or any Baby Bunting store, you can also contact us.
12.3 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
13. MORE INFORMATION ABOUT BABY BUNTING'S LIABILITY TO YOU
13.1 Goods may contain warranty documents on or inside the packaging provided by the manufacturer or distributor of the Good. Unless clearly expressed otherwise, any such warranty is not given by Baby Bunting. Subject to the Consumer Guarantees Act (NZ), all implied warranties and representations are excluded.
13.2 Except to the extent otherwise required by law (including, without limitation, the Consumer Guarantees Act (NZ)), Baby Bunting will not be liable to you, or any other person, for any loss, damage, cost or expense (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) arising out of or in connection with (directly or indirectly) the Website, your Account or the Goods (including orders and delivery) except where caused directly by Baby Bunting’s breach of its obligations or negligence.
13.3 Notwithstanding the above and subject to law, Baby Bunting's liability to you is limited to refunding the price, replacing or repairing the relevant goods.
13.4 Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
13.5 To assist Baby Bunting in resolving any problems you may experience, please inspect the Goods upon taking delivery and report any shortage, discrepancy, defect, wrong specification or similar problem to the Baby Bunting as soon as you become aware of it.
14. PRIVACY
14.1 Baby Bunting policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.
14.2 When you place an Order through this Website, you consent to Baby Bunting collecting your personal information (including your name, contact details and delivery address) and providing it to third parties (including the relevant Baby Bunting and the Baby Bunting’s suppliers and delivery contractors) for the purpose of fulfilling and delivering your Order.
15. WEBSITE TERMS
15.1 Your use of the Website is governed by the Website Terms of Use.
16. GENERAL
16.1 Baby Bunting reserves the right to amend these Terms and Conditions at any time but will not change any terms and conditions of existing orders that have been accepted; any variations or amendments to these Terms and Conditions will only apply to orders made after the date that such amendment appears on the Website. That means for future orders, these Terms and Conditions may be different and so it is recommended that you read these Terms and Conditions carefully each time you agree to them.
16.2 Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
16.3 In the event of an inconsistency between these Terms and Conditions and other terms (including delivery terms, Click & Collect terms and refund terms), these Terms and Conditions will prevail.
16.4 These Terms and Conditions are governed by the laws of New Zealand.