terms & conditions
2. Your eligibility to purchase from our website
The purchase of our products is strictly limited to parties who can lawfully enter into contracts on the internet in accordance with the laws of Victoria, Australia. Additionally, when purchasing our products, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and that you are the person referred to in relation to the information provided or you have authority to make the payment on behalf of the persons’ whose details you have provided. about whether you meet our eligibility terms are at our sole discretion.
3. Orders placed with Huxbaby
Huxbaby offers products for sale that are in stock and available for dispatch from our office in Victoria, Australia. All orders are sold on a first-come, first-served basis and are subject to acceptance and availability. As there is a delay between the time when your order is placed and the time when your order is accepted by us, the stock position relating to particular products may change during this time. If a product you have ordered becomes out of stock before we accept your order, we will notify you as soon as possible and we will happily refund the amount or put your payment towards a different product. Please be aware that products in your shopping basket or your ‘wish list’ may be purchased by other customers.
4. Acceptance of your order by Huxbaby
Once your order has been placed, you will receive an email acknowledging the details of your order. Please note, this email is not an acceptance of your order, just a confirmation that we have received it. Acceptance of your order and completion of the contract between you and Huxbaby will be completed when we email you to confirm your order has been dispatched. The contract between us and you is therefore concluded in Victoria, Australia.
We aim to dispatch all orders within 5 business days from the date you placed the order. ‘Business days’ means a day which is not a Saturday, Sunday or public holiday in Victoria, Australia. Please be aware, we also close for a period of time over the Christmas holidays each year and we will advise accordingly by posting relevant dates on our website regarding when your order will be processed.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular product, that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn or that you do not meet our eligibility criteria.
We may also refuse to accept a transaction for any reason and at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any of our products from our website (whether or not those products have been sold), removing, screening or editing any materials or content on our website, refusing to accept an order or suspending any transaction after processing has begun.
5. Huxbaby pricing policy
All prices and offers displayed on our website are in Australian dollars and are inclusive of GST, except our gift certificates. If your product is being shipped within Australia, the only tax that will be charged is GST and no other tax will be applied to your order. All prices and offers displayed on our website remain valid as advertised from time to time. The price advertised at the time of the order and accepted by us will be honored despite any further changes, except in cases of obvious error. For overseas customers who are purchasing our products, you acknowledge that the final price will be calculated in accordance with the applicable exchange rate on the day your payment is processed (for example, for customers paying by credit card this will be the date your credit card company processes the transaction).
6. Your privacy
7. How your payment is processed
Payment can be made by Visa or MasterCard. Payment will be debited and cleared from your account prior to dispatch of your order by Huxbaby. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Huxbaby, we will not be liable for any delay or non-delivery of your product.
We take all reasonable care to make our website is secure. All credit card transactions on our website are processed using PIN PAYMENTS, a secure online payment gateway that encrypts your card details in a secure host environment. Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure but you agree and acknowledge that we will not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
8. Delivery of your product
Once your order is delivered, responsibility for the product purchased passes to you. This means that the risk of loss and title for your product passes to you upon our delivery to you. If you have requested a recipient who is not you for delivery purposes (for example, as a gift) then you accept that delivery at the recipient’s address is evidence of delivery and fulfillment by Huxbaby. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Huxbaby are not responsible for any delays caused by customs clearance processes, postal or courier delays or any other similar service delay.
9. Huxbaby policy on returns and exchanges
Returns and exchanges for change of mind purchases (within Australia)
If you want to return or exchange a product for ‘change of mind’ or another similar reason you must contact us within 7 days of delivery of the product and we must have received the product within 14 days of the date of delivery.
Please be aware for deliveries within Australia, your product will be considered to be delivered 2 days after it has been dispatched, regardless of whether the product has been delivered or not.
Products should be returned in their original packaging to ensure they are adequately protected in transit and please be aware that the packaging of our products is considered to be part of the product. Therefore, your return may not be accepted if the packaging is damaged. Furthermore, products should be returned unused and with all Huxbaby other tags attached.
We understand that our customers purchase products in anticipation of their child, or another child, growing and that sometimes the child may not fit the product as was anticipated. In such circumstances, we are usually happy to accommodate an exchange of the product if the particular product is still available in stock. But please be aware that nothing in these terms and conditions oblige us to exchange such product and such decisions are at our sole and absolute discretion.
Returns or exchanges that are damaged or soiled may not be accepted and may be sent back to you and/or a refund refused. Similarly, returns or exchanges outside these timeframes may not be accepted and any decisions about whether to accept the product are at our sole and absolute discretion.
Where Huxbaby accepts a product for exchange and you wish for a different size, we will only exchange it based on product availability. If you choose to exchange your product, you will be responsible for the return postage fee.
Where Huxbaby accepts a product for refund, your refund will either be credited to the original purchaser's credit card or your Huxbaby account.
Returns and exchanges for change of mind purchases (outside of Australia)
If you want to return or exchange a product for ‘change of mind’ or another similar reason you must contact us within 7 days of you receiving the product and we must have received the product within 21 days of you receiving the order. Please be aware for deliveries outside Australia, your product will be considered to be received 5 days after is has been delivered.
If your order has been sent to a destination outside Australia, customs, duties and sales taxes may not be refundable through Huxbaby. However, you may be able to recover these moneys by contacting your local or federal government directly.
Returns and exchanges for faulty products or products unfit for their purpose If a product purchased is:
1. faulty or not of merchantable quality – meaning that it is not of the quality that you reasonably expected when it was purchased, bearing in mind how the product was described to you prior to purchase and also the product price;
2. unfit for its purpose – meaning that the product doesn’t do what you reasonably expected it would, bearing in mind how the product was described to you prior to purchase and also the product price, we will happily accept returns or exchanges within a reasonable time frame after purchase.
Please note that products that are damaged as a result of wear and tear are not considered to be faulty, not of merchantable quality or unfit for its purpose. Please also note that we have made every effort to display as accurately as possible the colours of our products that appear on our website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
If the colour on delivery varies to the colour you saw on your screen but the colour confirms to the description displayed on our website, the product will not be considered to be faulty, not of merchantable quality or unfit for its purpose. If you are returning a product for any of the reasons set out above, please provide us with the following details:
1. describe the fault with the product.
2. indicate whether you would like a refund or an exchange.
3. provide us with proof of purchase.
4. stop using the product as soon as you notice the fault.
If you choose to exchange your product, we will gladly refund the postage to return the exchanged product to you.
10. Our intellectual property rights
You acknowledge and agree that any and all trade marks, copyright, designs, the ‘look and feel’ of our website, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, software and all HTML and other code contained in our website and all other intellectual property remains at all times vested in Huxbaby and/or are the property of their respective third party owner and must not be used in any manner without the prior written consent of Huxbaby or the relevant third party. In relation to any third party intellectual property rights, you acknowledge that nothing in these terms and conditions or on the website of Huxbaby purports to demonstrate that any third party rights are owned or licensed to Huxbaby from the relevant third party.
11. Your obligations and responsibilities
In the access or use of our website, you agree to comply with these terms and conditions and the special warnings or instructions for access or use posted on our website from time to time. You will always act in accordance with the law, custom and in good faith. You may not make any change or alteration to our website or any content or services that may appear on our website and may not impair in any way the integrity or operation of our website.
12. Huxbaby right to terminate
We reserve the right to deny you access to our website, or a part of it, at any time without notice to you and at our sole discretion. Some of the circumstances that may lead to our decision to deny you access to our website include, without limitation, your breach of these terms and conditions and any disrespectful or inappropriate conduct towards us or other users or members.
The decision about whether to terminate these terms and conditions or to deny you access to our website is determined by us in our sole discretion and, if we deny you access to our website, it may be on a temporary or permanent basis.
13. Third party advertising and links to external websites
Huxbaby website may, from time to time, contain links to other websites, including links to other websites or resources operated by third parties, including advertisers. Huxbaby has not reviewed all of the websites linked to its website and does not necessarily sponsor, endorse or approve of any of the advertising, products, services or other materials on, or available from, such websites.
Furthermore, Huxbaby makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any advertising, products, services or other materials on external websites to which its website is linked. Huxbaby also makes no warranties or representations that the advertising, products, services or other materials on the websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world and Huxbaby is not authorising infringement of any such rights by linking to such websites.
14. Changes to the terms and conditions by Huxbaby
Huxbaby is an innovative business and is constantly developing in order to provide the best products and services to its customers. You acknowledge and agree that Huxbaby reserves the right to, and may make changes to, these terms and conditions from time to time to reflect its changing business. However, Huxbaby will not vary these terms and conditions so as to retrospectively increase your liability to Huxbaby. Once changes are made to the terms and conditions, Huxbaby will make a new copy of the terms and conditions available on its website as soon as possible after the changes are made. The amended terms and conditions will apply from the date the new terms and conditions are posted on our website. You agree that Huxbaby is under no obligation to provide you with notice about changes to the terms and conditions and you further agree that it is your responsibility to check the terms and conditions for any changes. If you do not agree to any change to the terms and conditions, then you must immediately stop using our website.
15. Your indemnity
You agree to indemnify, defend and hold harmless Huxbaby, its officers and directors, agents, affiliates, licensors, suppliers and subsidiaries from, and against, all liabilities, losses, damages, costs and expenses, directly or indirectly incurred or suffered by Huxbaby as a result of any breach of these terms and conditions by you or any other liabilities arising from your use of our website and from all actions, proceedings, claims and demands made or brought against Huxbaby and its officers and directors, agents, affiliates, licensors, suppliers and subsidiaries.
16. Contact details
You can contact Huxbaby by any of the following methods:
Phone: +61 401 661 946
Mail: PO BOX 2438 · Caulfield Junction, Victoria 3161
You agree that Huxbaby can contact you via any of the contact details you provided (including your postal or home address, your email address and your fax number) as advised by you to Huxbaby when you register with us (or any other contact details you advise in writing to Huxbaby) at a later date.
17. Transferring the terms and conditions to a new party
Huxbaby may assign or subcontract these terms and conditions and any of its rights and obligations under these terms and conditions to a third party without your prior consent.
You may not assign your rights or obligations under these terms and conditions except with the prior written consent of Huxbaby.
18 Force majeure
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of us or you either is unable to perform, in whole or in part, any obligation under these terms and conditions, then that party is relieved of that obligation to the extent and for the period of time that it is so unable to perform and is not to be liable to the other party in respect of such inability.
19. Delays in Huxbaby enforcing its rights
Any failure by Huxbaby to enforce its rights under these terms and conditions (or which Huxbaby, has the benefit of under any applicable law) or any forbearance, delay or indulgence granted by Huxbaby to you will not be construed as a waiver of either parties’ rights and/or obligations under these terms and conditions and the applicable remedies will still be available to Huxbaby..
20. These terms and conditions are independent of one another
If any provision of these terms and conditions offends any applicable law and, as a consequence is illegal, invalid or unenforceable then where the offending term can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the minimum extent necessary to achieve that result. In any other case, the offending term must be removed from these terms and conditions, in which event the remaining provisions of these terms and conditions will continue to operate and be valid and enforceable.
21. The law that applies to these terms and conditions
These terms and conditions and your relationship with Huxbaby are governed by the laws in force in Victoria, Australia, without regard to principles of conflict of laws. You and Huxbaby agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Thank you for taking the time to read our terms and conditions and we hope you enjoy your shopping experience with Huxbaby!