PLEASE READ CAREFULLY!
Please read the following conditions of sale before placing an order on this website. This website is operated by My Baby Store. My Baby Store Ltd reserve the right, at any time, to modify these conditions of sale.
TERMS & CONDITIONS
Below you will find our company terms and conditions:
By placing the order this confirms you have read and agree to be bound by our Conditions of Sale, you are making an offer to purchase the Product(s), which you have specified in your shopping basket. All orders are subject to acceptance by My Baby Store. Within 1 working day of our receipt of your order, you will receive a confirmation of your order by email, along with your order reference number. This number should be retained for future reference. Any acceptance of your order by My Baby Store is subject to these conditions of sale and to the availability of stock.
My Baby Store reserves the right to withdraw any Products , in its sole discretion, refuse to process an order for any reason at any time. Without prejudice to your statutory rights as a consumer, My Baby Store will not be liable to you or a third party by reason of My Baby Store withdrawing any Product or refusing to process any order.
PLEASE NOTE: our website is designed to give customers every opportunity to check all input/personalisation details and dates. Please ensure you check the spelling and accuracy of any Personalised Products on screen before you place your order as you will not be entitled to a refund in respect of any Personalised Products which contain a misspelling that you are responsible for and which you fail to amend at the time of order.
PRICE AND PAYMENT
All prices are quoted in NZD. Delivery charges may apply and are as laid out on the Delivery Details. Except in the case of manifest error, the prices payable for Products that you order are as set out on the Website at the time at which you place your order.
Payment may be made using a wide selection of credit/debit cards and PayPal (please refer to our Payment Method section in the Help Desk). You confirm that the credit/debit card which is being used is yours. Your credit/debit card details will be transmitted via the web to a secure server. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. My Baby Store reserves the right to refuse credit card payments in its reasonable discretion.
DESCRIPTION OF PRODUCTS
The Products depicted are as seen. The reproduction of colours and styles are as accurate as photographic and image processing will allow. My Baby Store does not accept responsibility for slight variances in colour and style.
You have a legal right to cancel an order in respect of items which are not personalised or made to your specifications (“bespoke items”) and this is set out under “Cancellations” below.
If you have placed an order for a Personalised or Non-Personalised Product, you can make the request to amend or cancel your order by contacting us as quickly as possible indicating order number, which item(s) and the number of items to be cancelled, your reason for cancellation, and whether you are seeking a replacement or refund. We also ask you to give us a daytime contact telephone number.
AMENDING AND CANCELLING AN ORDER FOR ANY PRODUCT BEFORE PRODUCTION
- Definition of Amendment: request to change personalisation, delivery contact name and address, or upgrade delivery method.
- Definition of Cancellation: request to cancel whole or part or your order.
If your product whether personalised or not personalised has gone into production or has been dispatched between when you place the order and when we pick up your request to amend or cancel your order, then we will be unable to amend or cancel the order. We do not work weekends or bank holidays, therefore if you have made a request to amend or cancel your order during this period we will pick up your request when we start the next working day, and will always try to notify you that day if your request was successful. However, we do experience high volumes of customer contact which can delay our response and action to your support request.
PLEASE NOTE: we cannot guarantee that we will be able to amend order details or cancel your order, but will make every effort to make your request successful.
CANCELLING PERSONALISED PRODUCTS
Unless there has been an error on our part, or the item you purchased is defective, you have no right to cancel and we cannot accept returns on ‘Personalised’ or ‘bespoke’ items, whether by name or date, as these cannot be sold to anyone else. Our website is designed to give customers every opportunity to check all input/personalisation details and dates.
CANCELLING NON-PERSONALISED PRODUCTS
You have the right to cancel a contract for an item which is not personalised / bespoke within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In the case of a contract relating to multiple goods ordered in one order and delivered separately the cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
EFFECT OF CANCELLATION
If you cancel this contract in accordance with these terms and conditions listed, we will reimburse to you the agreed amount.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We may make a deduction from the reimbursement for delivery costs if there was a cost involved to get the order sent to you, in the event of you cancelling due to change of mind. See ‘change of mind’ under the returns policy.
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the date on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods by post. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you want to return an item, simply email us indicating order number, which item(s) and the number of items to be returned, your reason for returning the item, and whether you are seeking a replacement, alternative or refund. We also ask you to give us a daytime contact telephone number. If the item is returnable under our Returns Policy terms and conditions as per below, we will issue you with a returns address and a Returns Authorisation Code. You must obtain a Returns Authorisation Code before sending anything back to us or we will not otherwise be able to process your Return.
- Returns on Personalised Products Unless there has been an error on our part, or the item you purchased is defective, we cannot accept Returns on ‘Personalised’ items, as these cannot be sold to anyone else. Our website is designed to give customers every opportunity to check all input and personalisation details.
- Returns on Non-Personalised Products Unless there has been an error on our part, or the item you purchased is defective, we can only accept Returns on ‘Non-Personalised’ items, if you contact us in 14 days from the received date.
- Lost in Transit if Product Returned We cannot be held responsible for packages lost in transit: as you are responsible for returning the items to us, we recommend sending the packages by Recorded/Special delivery.
CHANGE OF MIND
- Change of Mind on Personalised Products Unless there has been an error on our part, or the item you purchased is defective, we cannot accept a return if the product has been personalised and the order has been fulfilled correctly, as these cannot be sold to anyone else.
- Change of Mind on Non-Personalised Products Products returned to us because you have changed your mind must be in perfect re-saleable condition, and we must be contacted in 14 days from the received date.
PLEASE NOTE: item(s) returned to us for reasons not due to our error or defective Product(s) will not have return postage/shipping costs refunded.
If you return an item, whether personalised or not, because of an error on our part, or because it is defective, we will happily refund your costs in returning it to us. The item(s) must be returned in the condition in which you received it within 30 days of delivery.
REFUNDS AND REPLACEMENTS
For item(s) returned to us within 14 days of the request of return with the appropriate Returns Authorisation Code and in accordance with these terms and conditions, a refund or replacement will be processed by My Baby Store within 14 working days of receipt of the returned items. A refund will be made in the same form of payment that was used to make the initial purchase. If you would like a Replacement, this will be to your original product specification (e.g. Gift Box) as detailed on your original order.
Unless otherwise agreed in writing, My Baby Store maximum liability to you arising by reason of or in connection with the supply of the Products to you shall be limited to the amount paid by you in respect of the Products in question (“Payment Amount”).My Baby Store shall not in any event be liable to you for:
Any direct loss; Or Any loss of profits, business or anticipated savings or loss of or corruption of data or any indirect loss or consequential loss what so ever even if it has been advised of the possibility of such loss. This does not affect your statutory rights as a consumer. Nothing in these conditions of sale shall exclude or limit the liability of My Baby Store for death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
My Baby Store shall have no liability to you for any delay or failure to deliver the Products to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of My Baby Store including, but not limited to, fire, floods, acts of God, acts or regulations of any governmental or supranational authority, war, riot, strike, lock-out and industrial disputes.
No waiver by us shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions of Sale.
These Conditions of Sale, set out the whole of the agreement between you and My Baby Store. My Baby Store employees or agents are not authorised to make any representations concerning the Products unless confirmed in writing by My Baby Store. You confirm that you do not rely on, and waive any claims for breach of, any such representations, which are not so confirmed.
These Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.
CONTACTING My Baby Store
You can contact My Baby Store whether to trace your order or for any other reason by writing to or emailing My Baby Store as described below. In all instances, please be ready to supply relevant information which My Baby Store will require from you in order to identify your order.
If you have any questions, please contact us at:
Please note: we are closed on weekends and bank holidays.
“Conditions of Sale”
Means these terms and conditions of sale.
The policy governing the cancellation of your order and return of Products, as displayed on the homepage.
Means the terms governing your use of this Website displayed on the homepage.
Means the on-line My Baby Store store through which the Products are purchased by you.
Means the website located at Mybabystore.co.nz
Means a day other than a Saturday, Sunday, NZ national or bank holiday.
Means a user of this Website.