Mumma's Mate Terms of Trade

January 2008

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH MUMMA'S MATE OFFERS YOU ACCESS TO OUR WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THESE TERMS AND CONDITIONS ALSO APPLY TO AND INCLUDE, BUT ARE NOT LIMITED TO PRODUCTS ON THIS SITE PURCHASED VIA RETAILER, CHILDCARE AND DIRECT SALES CHANNELS.

Terms of Use

This website ("www.mummasmate.com.au") is owned by Mumma's Mate (Australia) Limited (referred to on this Site as "we", "our" or "us" or “Mumma's Mate”). Your use of this Site is governed by these terms of use. By accessing and browsing this Site, you agree to be bound by these terms of use. If you wish to purchase any of our goods or use any of our services on this Site, you will be required to agree to the terms and conditions of sale for those particular goods or services.

Content for Information Purposes Only

While we have tried to ensure the content on this Site is current, accurate and complete, we do not guarantee such content will be current, accurate or complete when you access it. We only provide the content on, or accessed through this Site, for general information purposes only and on an "as is" basis. You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this Site.

Without limiting the generality of the above, no content on or accessed through this Site should be treated as constituting professional advice and should not be relied on as such.

We may change the content described on this Site at any time without prior notice.

Right to Use Site and Content

You may access, view, reproduce and print the content on this Site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of our rights in the relevant content. If you wish to link to any part of this Site, you must obtain our prior written consent.

Amendments

We may amend these terms of use from time to time so you should check and read these terms of use regularly. By continuing to use this Site after any such amendment, you are deemed to have agreed to the amended terms of use.

 

Delivery

Products will be organised for shipment as soon as payment is confirmed.  Please allow 3 -10 days for delivery depending on where in Australia you are. You will be notified of any delays.

Please note all items will be sent by unregistered post (unless otherwise requested), and therefore the purchaser accepts the risk for any goods that become missing in transit. The purchaser also accepts that should goods go missing in transit, then they will remain liable to pay the entire sale price, including postage and handling of the goods, and that Mumma's Mate or its agents are not liable to replace or refund the costs of the goods. The purchaser acknowledges that by cancelling or attempting to cancel a payment in such a situation is in breach of this agreement, and that Mumma's Mate may recover from the purchaser the original sale price as well as costs and expenses incurred in claiming payment (including full legal and debt recovery costs) by any legal means it sees fit.

By placing an order, the purchaser accepts these terms of trade.

If you would prefer goods to be sent by registered post instead, then please contact us for an estimate of costs of freight, and we will happily arrange alternate delivery.

Prices for purchases by Australians in Australia or to be sent to Australian residents are in Australia dollars and processed in Australia dollars (according to the daily exchange rate), and include GST (where applicable).

Returns and Refunds:

All non-faulty products are covered by the Mumma's Mate customer guarantee, which allows you the full right to return any item you purchase from us, no matter what the reason 14 day money back guarantee effective from the date of delivery to the original purchasers for a full refund. This is provided that:

  • It is returned to Mumma's Mate within 14 days of your purchase date.
  • It is returned in a saleable condition, in the original packaging and is unused.
  • All shipping costs are at the purchaser’s responsibility.

Once the non-faulty is recovered by Mumma's Mate, the purchaser will be contacted and arrangement for refund will be made.

Mumma's Mate warrants, subject to the disclaimers and limitations herein, the product shall be free from defect with 12 months from the delivery date. This is a warranty is limited defects and not include normal wear and tear, normal maintenance.

Mumma's Mate warrants that the product will be as described in all material respects, however retains the right to change the dimensions, compositions, design, performance, colour and appearance of the products without liability, if the change is non material. Mumma's Mate may also relay on any generally accepted industry standards.

These warranties shall only apply if the goods have been installed, maintained and used in confirmation with the instructions given by the manufacturer and Mumma's Mate from time to time, if any, including the instructions manual supplied with the original purchase of the products, and otherwise in conformity with the highest practices of safety and prudence and have been subjected to normal use for the purpose for which the product was designed, have not been subject to misuse, negligence or accidents, and have not been altered or repaired by person other than Mumma's Mate or their accepted agents in any respect which, in the judgment of Mumma's Mate adversely affects the conditions or operation of the product.

The purchasers shall create, maintain and make available to Mumma's Mate any record of the installation, maintenance, use and dispositions of the product where relevant.

Please feel free to contact us should you have any concerns about returns or refunds.

Safety:

We stand behind our products, but final responsibility for monitoring and safety always rests with the parent or caregiver.

Indemnity

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions.

Breach

Without limiting any other rights and remedies available to Mumma's Mate, Mumma's Mate may refuse to provide our services or products to you if you breach these terms and conditions or where Mumma's Mate considers it appropriate.

All Liability Excluded

To the extent permitted by law:

  • all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Site or the content on or accessed through it; and
  • Mumma's Mate, its shareholders, directors, officers, employees and representatives will not be liable for any damage (including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages even if made aware of the possibility of such damages.), loss or expenses, or indirect losses of any kind, suffered or incurred by you in connection with your access to or use of this Site or the content on or accessed through it.

We will take action, within a reasonable time, to correct any error or inaccuracy, which is brought to our attention.

Privacy

Mumma's Mate collects personal information about you through your use of the Services and the Website, including:

  • Your registration details; and
  • Information relating to your use of the Website and the content you access.

You agree that Mumma's Mate may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Mumma's Mate products and Services to you, and for any other use that you authorise.

We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Mumma's Mate, or users, or others.

You have the right under the Privacy Act 1993 to obtain access to and to request correction of any personal information held by Mumma's Mate concerning you.

Intellectual Property

All intellectual property on this Site, including without limit, the text, graphics and copyright works is owned by us (or our relevant content supplier). We are the exclusive owner of all rights in the compilation, design and layout of this Site.

You may not without our prior written permission, in any form or by any means:

  • Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
  • Commercialize, copy, or on-sell any information, or items obtained from any part of this Website.

Force Majeure

Mumma's Mate has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Mumma's Mate to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Mumma's Mate.

No Waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Partial Invalidity

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

Governing Law

For Australian residents and purchasers these terms and conditions are governed by the laws of Australia. You submit to the non-exclusive jurisdiction of the Courts of Australia.

Entire agreement

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.