Terms & Conditions
Terms & Conditions
This website is operated by Premium Baby Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Premium Baby Pty Ltd. Premium Baby Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Premium Baby Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Premium Baby Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 10 Capital Court, Braeside, VIC, 3195, Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
We do not offer an exchange or refund for change of mind purchase, demo or for discontinued models.
If you receive a faulty item please contact us within 7 days of the date of delivery via email at email@example.com
We offer free shipping for faulty products returns within 14 days.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
Any item not in its original condition, is damaged or missing parts will not be refunded.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted.Returns Address:10 Capital Court Braeside VIC 3195
As a customer of Silver Cross you have the right to expect that:
1. any products you order through Silver Cross will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this site;
2. certain remedies will be followed if a product is agreed to be defective;
3. you have the choice to a full refund or a store credit if a defective product is unable to be repaired or replaced, (with the exception of Gift Card purchases where only a store credit will be issued).
As an account holder at Silver Cross you agree that you will be personally responsible for your use of your account and for all of your communication and activity on and pursuant to this website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated our terms and conditions, we may deny you access to this website on a temporary or permanent basis.
To use some of the services or features made available to you on our website you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately.
Eligibility to purchase
We accept Paypal, Visa and MasterCard payments. With the exception of Paypal and Paypal credit card purchases all other credit card purchases will be processed and authorized by our approved payment gateway, Shopify.
Purchasing products on Silver Cross is only available to individuals who meet our terms of eligibility. All purchasers must be over 18 years of age. All purchasers must have been issued with either a valid credit card by a bank or have a valid Paypal account. The individual’s application to open an account must be acceptable to Silver Cross and the individual agrees to authorise Paypal, (on behalf of Silver Cross) to process the charge or charges on their credit card or Paypal account in the amount of the total purchase price for the merchandise which they purchase.
By making an offer to purchase merchandise, you expressly authorise Paypal, (on behalf of Silver Cross) to perform credit checks to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that Shopify and Paypal, on behalf of Silver Cross, may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
After you place your order, you will be sent an email confirming that it has been received and your credit card or Paypal account has been charged.
Your card is debited at the time you submitted your order at Paypal or via Shopify on our website. If your order has not been approved you will be notified immediately via our website or by Paypal.
In the rare instance that your order is approved but any of the items you have ordered are not available, we will contact you immediately by phone or email to arrange for a full refund or product exchange if preferred. Unless you cancel your order, acceptance of your order and completion of the contract between you and Silver Cross will be completed when we email you to confirm the goods have been dispatched. Silver Cross's website and communication is always conducted in English and therefore the final sale contract will also be in English.
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 item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria.
We accept Paypal, Visa and Mastercard payments. With the exception of Paypal and Paypal credit card purchases all other credit card purchases will be processed and authorized by our approved payment gatewayShopify. We also accept orders via email. Simply contact us to let us know what you want and your method of payment. We will contact you within 24 hours to discuss your order.
To help ensure that your shopping experience is safe, simple and secure, Silver Cross uses GeoTrust Secure Socket Layering (SSL), the industry standard encryption technology that ensures safe Internet transmission of your personal and credit card information.
Cancellation by us
At Silver Cross we will do our best to ensure your order is fulfilled. However, we reserve the right to cancel the order if one or other of the following circumstances apply:
• we do not have sufficient stock to deliver the goods you have ordered.
• we do not deliver to your area or country
In the event of cancellation, we will contact you by e-mail, or phone within 24 hours of receiving your order. If we cannot fulfil the order we will re-credit your account immediately. Silver Cross will re-credit your account for the value of the goods and shipping only. Silver Cross does not reimburse any bank charges you may have incurred in the transaction.
Please note card refunds may take up to 10 business days for your bank to complete depending on their processing time. This can vary greatly between card issuers and unfortunately we are unable to influence this.
Cancellation by you
Silver Cross aims to ship any orders received before 3pm that same day, (excluding Fridays and public holidays). If you contact us and the order has already shipped we cannot cancel the order. However if the order has not been shipped Silver Cross will happily cancel the order and credit your account.
To cancel your order before it is shipped we encourage you to contact us in no less than 2 hours from completing the order.
We aim to dispatch orders within 48 hours however we cannot dispatch all orders immediately. Reasons Silver Cross cannot dispatch an order the same day are as follows:
• Order was placed on a Friday or public holiday (and will be dispatched the next business day)
• Order could not be fulfilled i.e. item is out of stock.
• Courier delays or unavailability
In the event an order cannot be fulfilled Silver Cross will contact you immediately to arrange an alternative product or refund.
Silver Cross cannot be held responsible for circumstances out of our control. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Silver Cross are not responsible for any delays caused by destination customs clearance processes. See our Delivery Information section for more information of delivery time frames.
Silver Cross's website and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio are the intellectual property of Silver Cross. All content is provided by Silver Cross as a service to its current and prospective customers and may be used for personal information and product ordering purposes and non-commercial use only.
You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its content without our prior written permission. You may not use this website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these materials is prohibited.
Reproduction or misuse of any trademarks and logos on Silver Crosss website is strictly prohibited and remain the intellectual property of Silver Cross and its affiliated suppliers. Silver Cross and its affiliated suppliers retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks and are protected by local and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of Silver Crosss website. Your misuse of the trademarks displayed on Silver Crosss website is strictly prohibited.
These terms and conditions govern current competitions administered by Silver Cross Australia. By entering any competition, you agree to be bound by the terms and conditions as laid out below.
GENERAL SILVER CROSS COMPETITION TERMS
1. To enter the competition you must be:
a. Australian resident; and
b. 18 years old or over at the time of entry.
2. Competitions are not open to employees (or members of their immediate families) of Silver Cross.
3. Entries must be submitted according to the individual competition entry requirements (which will be published before any new competition commences).
4. No responsibility can be accepted for entries that are not received for any reason.
5. The closing date is as specified in each competition and Silver Cross reserves the right to amend the competition end date at any time.
6. If you win the competition, we will notify you via Facebook. If we cannot contact you or you do not respond within two weeks, Silver Cross reserves the right to offer the prize to another competition entrant.
7. Any prize cannot be transferred to another person.
8. No prize or part of a prize is exchangeable for cash, or any other prize.
9. If the advertised prize becomes unavailable, Silver Cross reserves the right to offer an alternative prize.
10. Incorrectly completed entries will be disqualified.
11. Silver Cross reserves the right to amend these rules at any time. We may also create rules which will apply to a specific competition only. If we do this we will publish the amended competition rules and/or specific competition rules on this page and the relevant competition page.