You agree to use this Website only for purposes that are permitted by:

(a) these Terms & Conditions of Use; and/or

(b) any applicable laws or regulations.

You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website.

You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from Baby Booty except as permitted by these Terms & Conditions of Use, by law or with the prior written consent of Baby Booty.

Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that Baby Booty may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.

Certain statutory warranties under consumer protection laws will be implied for your benefit. Nothing in these Terms & Conditions of Use is intended to exclude or restrict the application of such laws but Baby Booty does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these laws. Subject to claims available under consumer protection laws, Baby Booty will not be held liable:
(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this Website;
(b) for disruptions to this Website; and
(c) to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

Claims

For claims that cannot be excluded or restricted under consumer protection laws, the liability of Baby Booty for such a claim will (at Baby Booty’s option and to the extent permitted by law) be limited to:

(a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and

(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.

You will at all times indemnify, and keep indemnified, Baby Booty and its proprietors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) 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 Baby Booty arising from any claim, demand, suit, action or proceeding by any person against you or Baby Booty where such loss or liability arose out of, in connection with or in respect of your use of the Website, your conduct and/or your breach of these Terms & Conditions of Use.

To the extent permitted by law, Baby Booty does not accept any liability for any damage or injury caused by the use or misuse of products purchased from Baby Booty.

Privacy

Baby Booty’s Privacy Policy is incorporated into these Terms & Conditions of Use. In the event that Baby Booty is sold to a third party, you grant Baby Booty the right to transfer the personal information and other data and rights that Baby Booty has collected from you to that third party, and Baby Booty will not be required to obtain your prior consent or approval or to notify you of such a transfer. Baby Booty reserves the right to share personal information for the purpose of security and verification purposes and in order to help protect you as a consumer. Otherwise it is our policy to not share your details with any 3^rd party.

Links to third-party websites are provided on the Website for convenience only. By clicking on a third-party link, you will leave the Website. Baby Booty does not endorse nor support the content of third-party links, and is not responsible for the content of a third-party website. Privacy and security policies on third-party websites may differ from those practiced by Baby Booty. You should review the privacy policies and other terms of use of those third party websites to learn more about, what, why and how they collect and use any personally identifiable information.

Legal Liability

Baby Booty will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions of Use if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside Baby Booty’s control which is not due to any lack of reasonable prudence or foresight.

Baby Booty’s failure to enforce any provision of these Terms & Conditions of Use will not be considered a waiver of its right to enforce such provision.

These Terms & Conditions of Use are to be interpreted in accordance with the laws of Queensland. By using this website you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.

Pricing

Prices on this site are subject to change without prior notice. Baby Booty reserves the right to or not to match prices with other stores; however, Baby Booty will always endeavour to give the best prices in the first place. When price matching, the item should be the same as the item advertised and should be “in stock”. All prices, moneys and transactions are displayed and processed in Australian Dollars (AUD).

Returns

Baby Booty acts in accordance with the Queensland Government’s legislation with regard to returns and repairs. Please choose carefully. Baby Booty does not normally give refunds if you simply change your mind or make a wrong selection. You can choose between a refund, exchange or credit where goods are faulty, wrongly described, different from a sample shown to you or don´t do what they are supposed to do.

We reserve the right to resolve a customer’s complaint and/or dissatisfaction with the goods and/or services provided prior to paying any refund, including (but not limited to) repairing or replacing any good and/or resupply the relevant good or service that is the subject of the complaint.

Please ensure that all packaging and accessories remain in original condition. Baby Booty does not accept responsibility for lost or damaged items being returned. You are advised to retain your postal/courier receipts for items returned for any reason. Baby Booty will pay return shipping costs if the return is found to be a result of our error (you received an incorrect or faulty item.)

Baby Booty takes pride in supplying excellent quality products and services. If goods are found to be faulty, as a result of manufacturing defect, you must contact us in writing within 7 days of delivery. We reserve the right to assess the condition of the returned goods prior to offering a repair, exchange or refund. Costs of repairs that are not due to manufacturing fault cannot be borne by Baby Booty; however, we will always provide a quote for goods returned but not covered by the manufacturer’s guarantee. Most goods are covered by a 12 month guarantee and some for longer. In order to process a return we must receive a copy of your receipt so please keep your receipt in a safe place.

If you need to return an item, simply log in to your account, view the order using the “Complete Orders” link under the My Account menu and click the Return Item(s) button. Baby Booty will notify you via email of your refund or replacement once we’ve received and processed the returned item. You should expect to receive your refund or replacement within four weeks of giving your package to the return shipper; however, in many cases you will receive your refund or replacement more quickly.   This time period includes the time for us to receive your return from the shipper (5 to 10 business days), the time it takes to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (3 to 5 business days); or the time it takes to ship your replacement.

Cancellation

Orders cannot be cancelled once they have been shipped. Cancelled orders will incur a 20% cancellation fee and are to be made in writing (email is acceptable).

Shipping

Shipping costs are calculated at the checkout and we endeavour to ship goods as soon as orders are received; however, please allow up to 2 weeks to receive items held in stock and up to 8 weeks for items that need to be ordered. We will advise you if an item is out of stock and needs to be ordered and you will have the opportunity to cancel your order without incurring the cancellation fee.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION CONTAINED ON A WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, BABY BOOTY RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.