Terms & Conditions

Website Terms of Use

 1. About this Website

(1) This website is published by BABY COTS PTY LTD. (2) Your use of www.babycotsnmore.com.au (“website”) is subject to these terms of use (“Terms of Use”). If you do not accept these Terms of Use, you must refrain from using this website or making a purchase from the website.

 2. Website Information

(1) Images of goods published in this website without any advertised price beside that image are not offered for sale.

(2) Photographs are for illustrative purposes only and may vary from goods depicted or described.

(3) International visitors to this website should not rely on information contained in this website, including without limitation specifications or pricing. International orders may not be accepted.

 3. Website Content

(1) The Publisher may, at any time, add or remove content from this website without notice.

(2) Any articles, information or content published on this website must be read subject to these Terms of Use.

(3) Although the Publisher uses its best endeavours to confirm the accuracy of any information published on this website, you agree that the Publisher cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to the Publisher or by manufacturers or suppliers changing product specifications without notice to Baby Cot N More or the Publisher. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

(4) The information, materials and services in this website are provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via the Contact Us tab.

(5) This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, the Publisher does not in any way represent that the Publisher recommends or endorses the relevant advertiser, its products or services.

(6) The Publisher nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold the Publisher liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

(7) Baby Cots N More may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. The Publisher does not accept any responsibility in connection with your participation in activities conducted by any other party.

 4. Your Use of the Website

(1) You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.

(2) You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.

(3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

(4) The Publisher may stop (temporarily or permanently) providing access to this website to you or to guests or members generally, at its discretion and without prior notice to you.

(5) The Publisher may in its sole discretion restrict your access to this website. If the Publisher does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. The Publisher will not be liable to you or any third party for doing so.

(6) As websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.

(7) The Publisher may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms of use, the Publisher may withdraw this website, or change or remove website functionality at any time without notice to you.

 5. Intellectual Property Rights

(1) The Baby Cots N More logos are registered trademarks of Baby Cots Pty Ltd.

(2) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by the Publisher, Baby Cots N More, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms of Use gives you a right to use any of them.

(3) Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. The Publisher makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

(4) You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of the Publisher or, in the case of third party material, from the owner of the copyright in that material.

(5) You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

(6) If you correspond or otherwise communicate with the Publisher, you automatically grant to the Publisher an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, and display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.

 6. Links to Other Websites

(1) This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under the Publisher’s control and the Publisher is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. The Publisher provides these links to you for convenience only and the inclusion of any link does not imply the Publisher’s endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, the Publisher disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

(2) The Publisher reserves the right to prevent third parties from linking to this website.

Terms and Conditions of Sale

 1. About Baby Cots N More

(1) Your purchase of goods from www.babycotsnmore.com.au (“website”) is subject to these Terms and Conditions of Sale (“Terms”) and the Term of Use. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

(2) You and Baby Cots N More may enter into a sale contract for the sale and supply of products, by you making an offer to Baby Cots N More via the website, to purchase goods at the specified price, subject to these Terms.

(3) In these terms:

– “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.

– a reference to a “third party” in these terms includes a reference to any agent or contractor of Baby Cots N More, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of   Orders made through the website, and includes any of them.

– A reference to the “website” means www.babycotsnmore.com.au.

– “Order” means an offer made by you in response to an invitation to treat made by Baby Cots N More via the website.    

 2. User Agreement

(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

 3. Guests and Registered Users

(1) You may access and/or use the website as a guest or as a member.

(2) To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website.

(3) You will receive an email from us as soon as practicable after you create your membership account.

(4) We only permit one registration per email address.

(5) You must not use another members’ account without permission.

(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.

(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password.

(8) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

 4. Legal Capacity

(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.

(2) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:

i. are over the age of eighteen (18) years;

ii. accept these terms;

iii. agree that you have entered into a legal contract with Baby Cots N More in relation to these terms; and
iv. these terms, together with your order, constitute the entire agreement between you and Baby Cots N More for the supply of products.

(3) Baby Cots N More reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an     order to be placed, for any loss or damage Baby Cots N More may suffer as a result of a transaction entered into by a minor.

 5. Orders

(1) Please choose carefully as refunds are not provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

(2) Representations of products for sale made by Baby Cots N More via the website do not constitute an offer to sell but an invitation to treat.

(3) You and Baby Cots N More may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

(i) placing an electronic Order for the products using the website;

(ii) you confirming the Order details in accordance with the procedure on the website;

(iii) you making payment in full (plus any applicable delivery charges) on the website; and

(iv) the acceptance of that offer by Baby Cots N More.

(4) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:

(i) any requirements set out in these terms have been met;

(ii) the electronic instruction containing the offer from you enters and is recorded in our database;

(iii) a record is created and stored in our database; and

(iv) Baby Cots N More receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(5) You acknowledge that:

(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Baby Cots N More for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;

(ii) to the extent permitted by law, Baby Cots N More is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;

(iii) Baby Cots N More may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

(iv) Baby Cots N More may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(6) You will receive an email from Baby Cots N More as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Service Department.

(7) If your Order is not accepted by Baby Cots N More, Baby Cots N More will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(8) Baby Cots N More may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

(9) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Baby Cots N More cannot supply a particular product, Baby Cots N More will notify you by telephone or email as soon as possible.

(10) Baby Cots N More will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.

 6. Price

(1) Prices shown are in Australian dollars and include GST where applicable. Prices do not include delivery and handling charges. Prices are subject to change.

(2) Each published saving in respect of a product is by reference to either the recommended retail price of the manufacturer or the normal ticketed price of Baby Cots N More.

(3) Unless otherwise stated, any accessories shown in any image of products are not included in the price.

(4) We reserve the right to correct any errors published on the website.

 7. Payment

(1) All payments must be made in full prior to delivery.

(2) Payments must be made via the E-WAY or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

 8. Supply and Delivery

(1) Subject to you complying with these Terms and acceptance of your Order by Baby Cots N More, Baby Cots N More will sell and supply the products to you as shown on your Order confirmation.

(2) Products may not be available for immediate delivery. Baby Cots N More will endeavour to deliver your Order to you within twelve (12) business days from the date you placed your Order, except if the item is not in stock.

(3) You agree that your Order for any item of furniture may take up to twelve (12) weeks to be delivered to you from the date you place your Order. This timeframe is the average manufacturing lead time required by suppliers. Baby Cots N More will contact you on receipt of your Order to notify you of the indicative delivery date.

(4) Baby Cots N More will give you notice if it will be unable to deliver your Order within 12 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Baby Cots N More will arrange for a full refund of any payment made by you to be processed.

(5) Delivery times may be greater than 12 business days for regional or remote areas.

 9. Delivery by Post or Carrier

(1) The terms of this clause apply where you select to have your goods delivered to a specified address.

(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

(3) On acceptance of your Order by Baby Cots N More, your Order will be dispatched to your specified delivery address generally within 12 business days of the date you place your Order.

(4) You will be required to be available in person to accept delivery of your Order.

(5) You must open and check your order to ensure it has been delivered in good condition, prior to signing for the delivery. If your Order is damaged please make a note of this damage in detail on the delivery or consignment note. If you do not thell the third party delivery contractor i writting that your ORder is damaged we will be unable to assit you with a claim for damage to your order. If you have insured your order. Baby Cot n More are not responsible for Orders that are damged during freight so you must insure your Order and check that it is delivered in good condition before accepting it.

(6) Your delivery address cannot be changed once you place your order as we use third party delivery contractors and often cannot amend delivery details after placing an order.

(7) Baby Cots N More will use its best endeavours to deliver your Order within any stated timeframes for dispatch; however Baby Cots N More does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

(8) You must advise at the time you place your Order via the website, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.

(9) Baby Cots N More cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

 10. Disclaimer and Indemnity

(1) To the extent permitted by law, each of Baby Cots N More, Baby Cots N More and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

(a) errors, mistakes or inaccuracies on the website;

(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

(c) personal injury or property damage of any kind resulting from your access or use of the website;

(d) any unauthorised access to or use of the websites secure servers;

(e) any interruption or cessation of transmission to or from the website;

(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or

(g) the quality or fitness for any purpose of any linked sites.

(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Baby Cots N More and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

(3) You will at all times indemnify, and keep indemnified, Baby Cots N More, and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

   11. Order Enquiries

If you have any query about the progress of your Order please contact our Customer Service Team via email. Please quote your order number and date of purchase in your email and subject heading.

 12. Damaged or Faulty Products and Refund Policy

(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory.

(2) Please choose carefully as Baby Cots N More will not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.

(3) If your Order arrives damaged, please contact the us immediately and ensure that you make a note on the delivery receipt or consignment note that the item is damaged.

 13. Privacy and Personal Information

(1) Our Privacy Policy is available on this website and explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

(2) The privacy of your personal information is important to Baby Cots N More.

(3) Baby Cots N More and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our Customer Service Department. Personal information may include your name, residential and/or postal address, telephone number and email address.

(4) Your personal information is not collected if you only browse this website.

(5) Online payments are handled by E-Way and PayPal. Baby Cots N More does not store your credit card or banking details. Please check the www.eway.com.au and www.paypal.com.au websites for details of their privacy policies and security measures.

(6) Baby Cots N More, their related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Baby Cots N More and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Baby Cots N More thinks may be of interest to you. If you would prefer not to receive promotional or other material from Baby Cots N More or its third parties, please let us know and Baby Cots N More will respect your request. You also agree that Baby Cots N More may contact you by telephone to arrange delivery or collection of your Order.

(7) You may request Baby Cots N More to remove your personal information from its database by emailing the Customer Service Team.

(8) For further details about Baby Cots N More’s privacy practices please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact our Customer Service Team.

 14. Force Majeure

Baby Cots N More will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal or freight deliveries.

 15. Governing Law

(1) These terms will be governed by and interpreted in accordance with the laws of Queensland, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Queensland, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

(2) If you access the website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Baby Cots N More makes no representations that the content of the website complies with the laws of any country outside Australia.

 16. Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Baby Cots N More.

 17. Transfer and Assignment

If Baby Cots N More merges, sells or otherwise change control of its business or this website to a third-party, Baby Cots N More reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Baby Cots N More has collected from you and any agreements it has made with you.

 18. Waiver

The failure by Baby Cots N More to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Baby Cots N More.

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