terms & conditions
Welcome to www.bumplovematernity.com (our Site).
Tamara Olivier Webber (ABN 62 857 845 038) trading as Bump Love Maternity (Bump Love Maternity) is an online maternity-wear clothing store.
These Terms and Conditions govern your use of our Site, and Bump Love Maternity’s products, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to Bump Love Maternity in writing at firstname.lastname@example.org before using our Site or buying our products.
Bump Love Maternity’s products are intended for users aged 18 and over.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
These Terms were last updated in August 2018.
1. ACCEPTANCE OF TERMS
1.1 By browsing, accessing or purchasing the products on our Site, you acknowledge that you have read and understood these Terms and agree to be bound by them.
2. VARIATIONS TO TERMS
2.1 Bump Love Maternity reserves the right, in its sole discretion, to vary, change or amend any part of these Terms.
2.2 In that event, Bump Love Maternity will provide notice of the variation by publishing the updated Terms on our Site.
2.3 The updated Terms will be taken to have effect on the date of publication.
2.4 Your continued use of our products and the Site constitutes your acceptance of the updated Terms, and is taken as your agreement to be bound by these updated Terms.
2.5 Should you object or disagree to the Terms, you must discontinue your use of our products and our Site.
3. LIABILITY IS LIMITED
3.1 To the extent permitted by law, all express or implied guarantees, warranties, representations or other terms and conditions relevant to your use of this Site, but not contained in these terms and conditions are excluded.
3.2 For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), as amended from time to time, Bump Love Maternity’s liability for any breach of a term of this agreement is limited to:
(a) the supplying of the goods to you again;
(b) the replacement of the goods; or
(c) the payment of the cost of having the goods supplied to you again.
4.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (including but not limited to legal costs and disbursements on a full indemnity basis) whether incurred or suffered by you, or us, as a direct, or indirect consequence of using, or attempting to use our information, products, or for any breach of these Terms by you, or your agents.
4.2 We are not responsible, and expressly limit our liability to the extent permitted by law in accordance with clause 3 above, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging with us for our products.
5. COPYRIGHT AND TRADE MARK NOTICES
5.1 All material on this Site including (but not limited to) templates, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for personal use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
5.2 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
5.3 The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trade marks of Bump Love Maternity. The trade marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to Bump Love Maternity, in any manner that is likely to cause confusion with customers, or in any manner that disparages Bump Love Maternity.
5.4 Nothing contained on this Site or in our Bump Love Maternity should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Bump Love Maternity Marks without our express written permission.
5.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Bump Love Maternity will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
6. LINKED SITES, AFFILIATES OR SPONSORS
7.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
8. APPLICABLE LAW
8.1 These Terms shall be construed in accordance with and governed by the laws of Western Australia, Australia. You consent to the exclusive jurisdiction of the courts in Western Australia, Australia to determine any matter or dispute which arises between us.
Product Purchase and Returns Terms & Conditions
9. THE AGREEMENT
9.1 In addition to the Terms, these terms and conditions (the Product Purchase Terms) set out the additional terms and conditions under which you may purchase from Bump Love Maternity products appearing on our Site. By going through the process of signing up to become a customer and/or purchasing products from our Site, an agreement exists between you and Bump Love Maternity once Bump Love Maternity accepts an online order. Each online order which is accepted is a separate agreement.
10.1 You place an order with Bump Love Maternity by selecting products and pressing the "check out" button on the checkout page. Bump Love Maternity reserves the right to accept or reject an order for any reason including (but not limited to) unavailability of product, an error in the price, image or the product description, or an error in your order.
10.2 Orders are deemed accepted by Bump Love Maternity at the time of successful transmission of the order. After orders are accepted, you will be unable to cancel the order. Orders are deemed accepted by Bump Love Maternity upon Bump Love Maternity acknowledging such order by confirmation email.
11. PRODUCT AVAILABILITY
11.1 Bump Love Maternity uses its best endeavours to ensure products displayed for purchase on our Site and ordered are available for delivery. If a product is unavailable, we will usually notify you prior to you completing your order. However, you acknowledge that in some cases this is not possible and Bump Love Maternity may need to reject an order you have placed for a product where Bump Love Maternity establishes that it is actually unavailable for delivery. In such cases Bump Love Maternity will refund in full all amounts you paid in respect of such unavailable product.
11.2 Sometimes we will display products that are available for pre-order. This means that we do not currently have the product in stock, however we have ordered it and expect it to arrive within 21 business days, subject to availability. If you purchase a product on pre-order, it will be delivered to you as soon as it is receieved and we will be sure to notify you if there are any unexpected delays
12. PRODUCT INFORMATION
12.1 Product information, photos and sizes set on our Site are for illustrative purposes only. You acknowledge and agree that computer resolution, colour and image can vary between devices, and how a product looks in reality may be different from how it appears online.
13.1 All prices on our Site are displayed in Australian dollars (AUD) and are inclusive of GST. Delivery is excluded from the advertised price. See clause 15 below for information on Delivery.
13.2 We offer tax-free purchases on orders from outside Australia. GST (10% of the advertised price) will be removed automatically in the checkout process when the shipping country is selected.
13.3 We reserve the right to vary the prices displayed on our Site from time to time, without notice.
13.4 You are responsible for all costs associated with your order including but not limited to, shipping, taxes and bank fees.
13.5 From time to time, Bump Love Maternity may offer the opportunity to purchase its products at a discounted or promotional price, subject to Terms.
13.6 We may vary the prices for products on our Site at any time, and prices are subject to change until such time as you have paid for the products in full.
14.1 You must pay for your products purchased on our Site at the time of placing an order. Online payments can be made securely on our Site using PayPal, Stripe or by credit card.
14.2 You agree that PayPal is responsible for processing and the security of your payment, and you hereby release Bump Love Maternity from any liability in relation to such payment. Please refer to Paypal’s and Stripe’s terms for conditions applying to payment processing services.
15.1 We use Australia Post and Sendle for local orders and Australia Post for international orders.
15.2 All costs associated with the delivery of your order will be payable by you. For orders under $150, delivery will be charged at a flat rate of $12 for all standard deliveries within Australia. For orders of $150 and over, standard delivery will be free within Australia.
15.3 International deliveries will be determined by the weight of the item ordered and country and will be calculated at check out, in Australian dollars. You will be notified of the total cost of your order, including shipping, after you enter your address but before proceeding to payment.
15.4 The time frames for delivery stated below are estimates only. Delivery time may take longer if you live outside metropolitan areas, during busy retail periods, and when crossing over public holidays. Bump Love Maternity will not be responsible for late deliveries or any direct or consequential loss associated with late deliveries.
15.5 Bump Love Maternity accepts no liability for goods lost in transit.
15.6 It is your responsibility to make sure that you enter in the correct delivery details. Bump Love Maternity accept no liability for orders delivered to an incorrect address. If your order is to be sent by Fastway Couriers and you have provided a PO Box as a delivery address we will contact you for a physical street address for delivery. If your order is unable to be delivered and is returned to us, we will contact you to arrange re-delivery at your cost.
15.7 Goods are sent without insurance. If you would like your purchase to be sent with insurance please email email@example.com.
16.1 Return claims (including for replacement products, refunds or credits) are detailed in Bump Love Maternity's Returns Policy. The Returns Policy is expressly incorporated in these Product Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.
17. RETURNS POLICY
17.1 We want you to be delighted with your purchase. Accordingly, our return policy is in addition to the rights you have under the Australian Consumer Law. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.
18. CHANGE OF MIND RETURNS
18.1 If you wish to return an item because you have changed your mind about your purchase, Bump Love Maternity will offer you an exchange voucher or refund equivalent to the price paid (excluding delivery) provided that:
(a) You send the item back to us within 14 days of receiving the order;
(b) You produce your proof of purchase at the time you return the item;
(c) The item is in resaleable condition including that:
(i) It is unused and in its original condition; and
(ii) With tags intact.
18.2 If these requirements are not satisfied Bump Love Maternity reserves the right not to offer an exchange voucher or refund for change of mind returns.
18.3 Please email firstname.lastname@example.org for instructions on change of mind returns.
19. OTHER RETURNS
19.1 Bump Love Maternity will accept product returns and provide you with an exchange voucher, refund or repair where:
(a) The product is faulty or is not of acceptable quality, or
(b) The product is not fit for its intended purpose, or
(c) The product does not match our description; and
(d) You can present adequate proof of purchase.
19.2 Our goods 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
19.3 Please note:
(a) Your original receipt emailed to you at the time of purchase is the best form of proof of purchase.
(b) Refunds will be issued using your original payment method.
(c) Gift cards are not redeemable for cash.
(d) Exchange vouchers and refunds will be equivalent to the price paid by you on our Site at checkout (excluding delivery).
20.1 If you change your mind or aren't completely happy with the way you look and feel with you new item/s, we are more than happy to offer you a store credit or exchange. Please note we do not offer refunds unless the garment/s deemed faulty. If you would like to exchange an item please contact Bump Love Maternity at email@example.com for further instructions.
21. SHIPPING OF RETURNS
21.1 To return your product, post your product together with proof of purchase to the postal address given to you by Bump Love Maternity at the time.
21.2 You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
21.3 Please allow up to 10 business days for returns to be processed, and upto 20 business days if returns are posted from outside Australia.
21.4 If you are returning an item by post which cost over $75, we recommend you consider using a trackable shipping service or purchasing shipping insurance as we do not guarantee that we will receive your returned item.
Company Name: Tamara Olivier Webber trading as Bump Love Maternity
ABN: 62 857 845 038