Terms of service
The Midwife Mumma Purchase Orders
Any order placed by you on the Websites in the manner described in the Website is an offer by you to purchase particular Products for the price specified (including the delivery costs and other charges and taxes), and in accordance with these Terms and Conditions as are applicable at the time you place your order.
The Seller reserves the right to accept or reject your offer for any reason, including, without limitation, maximum order sizes, the unavailability of any Products, an error in the price or the description of Products on this Website, or an error in your order.
You are not entering into a contract with the Seller until the Seller forwards confirmation of receipt of your order and payment.
Orders accepted by the Seller may not be cancelled or altered in whole or in part by you without prior written consent from the Seller.
The Seller may decline by notification to the Purchaser, any order in whole or in part, at any time prior to delivery of the Products. If the Seller does so, the Seller will be under no obligation in respect of the order.
Payment of any order placed by you on the Website will only be accepted by credit card or PayPal (or such other payment means as may be approved by the Seller from time to time).
Prices
Prices of Products and delivery and other charges displayed on this Website are current at the time of issue, but may change at any time and are subject to availability.
All prices are expressed in Australian Dollars unless otherwise stated.
All prices are inclusive of 10% GST as defined in the A New Tax System (Products and Services Tax) Act 1999, where the imposition of GST is applicable.
In addition to the price payable, you are responsible for any other taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, Products and services taxes or any value-added tax imposed on any Products acquired or ordered by you from this Website.
You must arrange and pay for all costs associated with the carriage and insurance of the Products from the Seller’s nominated collection address.
The Seller reserves the right to vary its prices, without notice to the Purchaser, up to the time when final confirmation of the order is given by the Seller.
Delivery
Orders are delivered by the method of delivery offered by the Seller and selected by you during the order finalisation and confirmation process on the Websites.
Deliveries within Australia will be carried out by Australia Post and the Purchaser should allow for approximately 3 business days from the date of confirmation of order to delivery of the Products.
Allow up to 10 business days during a sale.
Deliveries outside of Australia will be carried out by Australia Post and the Purchaser should allow for approximately 3 weeks from the date of confirmation of order to delivery of the Products.
Any time quoted for delivery is an estimate only and the Seller shall not be liable to you or to any other person for any loss or damage howsoever arising as a result or consequence of any failure to deliver or any delay in delivery resulting in the Products arriving later than estimated delivery times.
You shall not be relieved of any obligation to accept or pay for Products by reason of any delay in delivery.
Where you request the Seller to deliver Products directly to another person, that person takes possession of the Products for you as your agent, but you remain directly responsible to the Seller under these Terms and Conditions.
Inability to Deliver Due to Purchaser
If, due to any act, omission or default by the Purchaser, the Seller is unable to deliver any Products to you at the time that the Products are due to be delivered, you agree to reimburse the Seller for all reasonable costs incurred by The Midwife Mumma or any member of The Midwide Mumma team for storing, securing, and insuring the Products until such time as the Products are delivered or re-delivered to the Purchaser.
All costs under the above clause will be calculated for the period commencing on the date on which any Products would have been delivered but for the Purchaser’s act, omission or default, and finishing on the date on which the Products are subsequently delivered or re-delivered.
Cancellation of Orders
If the Seller determines that it is or may be unable to deliver within a reasonable time, or at all, the contract may be cancelled by the Seller. In the event of cancellation, you shall have no claim against the Seller for any damage, loss, cost, or expense whatsoever.
No purported cancellation or suspension of an order or any part thereof by you is binding on the Seller after that order has been accepted by the Seller.
Risk
Risk in the Products and all insurance responsibility for theft, damage or otherwise in respect of the Products will pass to you upon despatch of the Products for delivery from the premises of the Seller supplying the Products.
Refund
Refund Policy
The Seller acknowledges and agrees that:
The Seller at its discretion may accept returns within thirty (30) days of dispatch of a Product if the Product is in its original purchase condition.
Any Product which the Seller has elected to accept return of shall be returned at the Customer’s cost.
Clearance items are non-refundable.
Any custom made, custom processed or custom acquired Products will not be returnable at all.
Damaged or Faulty Goods
The Purchaser acknowledges and agrees that:
If the Product has been damaged during transportation for the purposes of Delivery* to the
Purchaser, the Seller will replace the Product if the Purchaser contacts Seller within two (2) business days of receiving the Product.
Delivery costs to return the Product to Seller are the responsibility of the Purchaser.
Incorrect Products
If you receive Products from the Seller other than those you intended to purchase, you have thirty (30) days after delivery of the Products to you to contact the Seller and return the Products so that they may be replaced by the correct Products. If the Products are returned in original packaging and in a resalable condition (i.e., not worn), the Seller will replace the Products or refund you the purchase price of them at the Seller’s discretion. If the Products are not returned in original packaging and/or not in a resalable condition (i.e., not worn), it is at the Seller’s discretion as to whether the Products will be replaced or returned to you without replacement.
The Seller will not be held responsible for damage caused to Products by misuse or poor care.
The Seller’s Refund Policy as set out herein shall be subject to the requirements of the Australian Consumer Law, and where applicable, shall be modified to the extent necessary to comply with the Australian Consumer Law and shall be supplemented where necessary to provide any additional rights and obligations upon the Seller and the Purchaser where necessary to comply with the Australian Consumer Law.
If you are returning Products from an International location (outside of Australia), please ensure that you clearly mark on the customs declaration that the Products contained in the package are “Returns” to the seller to prevent the package from incurring customs charges. If the Products are not marked as “Returns” and the Seller incurs a customs charge, the Seller may refuse to accept delivery of the Products unless the cost is met by you.
Intellectual Property Rights in the Products
The Midwife Mumma Group owns or is the licensee of all copyright, trademark, patent, or design rights or confidential information (“Intellectual Property”) in or related to any of the Products.
You must not copy the Products or permit or arrange for any third party to copy them.
You must:
- only use any Products for the purposes for which they were designed to be used;
- not reverse engineer any Products; and
- not design or manufacture products that compete with any Products.
Consumer Guarantees
Consumer Notice: Our Products 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
Indirect Loss
Subject to clause 10 above, in no event shall The Midwife Mumma products be liable (whether before or after discharge of the contract or otherwise) for any loss or damage suffered by you or any third party, howsoever caused, including but not limited to special, incidental, indirect, or consequential loss, economic loss, loss of turnover, profits, goodwill, or revenue, whether or not any member of The Midwife Mumma Group was aware of or may reasonably have anticipated such losses may be incurred.
Disclaimer
You agree that your use of the Website shall be at your sole risk.
To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.
We make no warranties or representations about the accuracy or completeness of the content or opinions expressed on the Website or the content of any Linked Website and assume no liability or responsibility for any of the following, or for any claims, demands, losses, costs, or expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive, or consequential damages, economic loss, or damage to reputation whatsoever, resulting from any:
- errors, mistakes, or inaccuracies of material or information on the Website;
- personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website;
- any unauthorised access to or use of our secure servers and/or any and all personal information and or financial information stored therein;
- any interruption or cessation of transmission to or from the Website;
- any bugs, viruses, or the like, which may be transmitted to or through the Website by any third party;
- any errors or omissions in any material or information or for any loss or damage of any kind incurred as a result of your use of any material or information posted, emailed, transmitted, or otherwise made available on the Website; and/or
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website.
Indemnity
You agree to indemnify and hold The Midwife Mumma Group and each of their subsidiaries, affiliates, officers, agents, contractors, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website, your violation of these Terms and Conditions, or your violation of any rights of another.
Orders and Payment
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All orders are processed in Australian Dollars (AUD).
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Orders must be paid in full before shipment or consultation confirmation.
Product Use and Availability
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Our products are for personal use only and should be used as directed.
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Stock levels are updated regularly, but in rare cases an item may become unavailable after your order is placed. If that happens, we will get in touch to arrange an alternative or refund.
Liability
Our team provides evidence-based support, but outcomes can vary depending on individual factors. Our advice is not a substitute for medical advice, and we encourage you to seek guidance from your healthcare provider when needed.
Use of Consultation Materials
All sleep plans, advice and resources are provided for personal use only and may not be shared or redistributed without written permission.
Privacy Policy
The Seller is committed to complying with the Privacy Act 1988 and the National Privacy Principles. All personal information collected by the Seller is held in the strictest confidence. Any personal information collected from you is used solely for the purpose of processing your order, improving the Website, or keeping you informed about our Products.
We may share your personal information with our suppliers and other third parties who are essential to fulfil your order, or if required by law. If your information is disclosed to third parties, it is done so with appropriate controls in place to protect your privacy. We will not sell, rent, or trade your personal information to others.
The Seller may change this Privacy Policy from time to time, so please check back periodically to stay informed of updates.
For more detailed information, please read our full Privacy Policy which can be accessed on the Website.
General
These Terms and Conditions constitute the entire agreement between you and The Midwife Mumma Group and shall govern your use of the Website, superseding any prior agreements between you and The Midwife Mumma Group.
You agree that any claim or dispute you may have against The Midwife Mumma Group must be resolved by a court located in Victoria, Australia. You agree to submit to the personal jurisdiction of the courts located within Victoria, Australia, for the purpose of litigating all such claims or disputes.
If any provision of these Terms and Conditions is found to be invalid by a court of competent jurisdiction, the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
The failure of The Midwife Mumma Group to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.