Terms + Conditions

This website is owned and operated by Not So Baby ABN 42 452 649 554 (“NSB”, “we”, “us”, “our”). By entering, accessing or using our website in any way, you agree to comply with the following Website Terms of Use, our Customer Terms and Conditions and our Privacy Policy (collectively our “Terms and Conditions”), and any other laws or regulations which apply to this website.

When you purchase any product(s) or service(s) through this website, you will do so subject to the Terms and Conditions and such further terms and conditions as may be notified to you. By using this website, you acknowledge that you have read and understood all of the Terms and Conditions and agree to be bound by them. However, if you do not or cannot accept our Terms and Conditions in full and without modification, you must stop using our website immediately.

We may revise and update our Terms and Conditions at any time and your continued usage of this website means you accept those changes. The information contained on this website is intended to apply in Australia only.

While we aim to ensure that the information in this website is correct, sometimes errors do occur. Please refer back to these Terms and Conditions from time to time so that you are aware of the current terms and conditions. We do not undertake to keep this website updated.

If any part of these Terms and Conditions is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms and Conditions will continue to be enforceable and valid.

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Victoria, in Australia. The parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria.

Website Use Terms and Conditions

Your Warranties and Use of this website

As a condition of using this website, you warrant that:

(a) you are at least 18 years of age;

(b) you will use this website only in accordance with these Terms and Conditions; and

(c) the information you provide via this website will be accurate and complete, and will not be misleading, deceptive or likely to be misled or deceive.

You may only use this website for lawful purposes. When using this website, you must not:

(a) impersonate any person or entity;

(b) make any fraudulent speculative or false enquiries or bookings;

(c) post or transmit to or via this website any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;

(d) knowingly transmit any virus or other disabling feature to the website;

(e) interfere with, disrupt, or create an undue burden on the website or the associated systems;

(f) frame or mirror any part of the website without our written approval; or

(g) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so.

Prices

All references to $ and dollars on this website are to Australian currency.

Colours

Reproduction of colours is as accurate as possible, but please note colours in person may vary slightly from what is displayed on your monitor.

Products, availability & assembly

Due to popularity or interruption of supply, some items may be unavailable or out of stock.

Some items may require self assembly. It may be necessary to make changes to product specifications. We reserve the right to make these changes at any time and without notice.

Advice and technical information

Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by NSB in relation to any products is given in good faith and is believed by NSB to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by NSB in relation to any products supplied by NSB is approximate only.

Consumer guarantees

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Please see the NSB Returns Policy for further details.

Liability of NSB

Your use of this website or any information on this website is entirely at your own risk. NSB makes no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided on this website. NSB expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

This website may contain links to other internet sites provided by third parties. The provision of any of these links does not represent an endorsement by NSB of those internet sites, nor does NSB make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in those third party internet sites. NSB expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the maximum extent permitted by law (including without limitation the Australian Consumer Law), NSB is not liable to you or anyone else for any:

decision, action or inaction taken in reliance on the information in, or connected with, this site;
losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with this website;
your use or misuse of this website or any information or material contained in this website;
the loss or modification of information or material transmitted from this website;
any defect, technical problem or virus attached to or arising from this website or the server;
any injury or illness you or any other person sustains as a result of using this website;
the products displayed being unavailable at any time;
your inability to access or use the website or any material on the website;
the loss of confidentiality in any information or material transmitted to or from the website.

To the maximum extent permitted by law (including the Australian Consumer Law), NSB does not make any guarantees or warrant that this website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.

Privacy

NSB is bound by the Privacy Act 1988 and is fully committed to respecting your privacy. NSB's Privacy Policy outlines how and when personal information is collected, stored and distributed by NSB. Please see NSB’s Privacy Policy for more details.

Intellectual property

NSB is the owner or authorised user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to NSB in and associated with its products (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use or misuse of any of NSB’s intellectual property is prohibited without the prior written permission of NSB.

Disclaimer

You agree that your access to, and use of, this site is subject to these Terms and Conditions and all applicable laws, and is at your own risk. NSB makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as cannot be excluded under applicable laws. To the fullest extent permitted by law (including the Australian Consumer Law) NSB, its owner, its directors, officers, employees, agents, contractors, successors or assigns will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of this web site, the products and any services, and any other site linked to this web site.

Overseas access

This website may be accessed in Australia and throughout the world. NSB makes no offer in or by this website to sell any product or service in any country outside Australia and no representations that the content of this web site complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia.

Customer Terms and Conditions

Acceptance of terms & conditions

If you do not agree to these Terms and Conditions, then you may not use the NSB order System.

Use of the NSB order System

By registering for the NSB order System, you warrant to us that:

(a) you are at least 18 years of age;

(b) you will use this website only in accordance with these Terms and Conditions; and

(c) the information you provide via this website will be accurate and complete, and will not be misleading, deceptive or likely to be misled or deceive.

You must keep secure any means of identification that we provide to you in order to access the NSB’s website online ordering system (“NSB order System”). NSB takes no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties. You are responsible for all use of the NSB order System, and all transactions entered into by means of the NSB order System, using this user identification.

You agree:

(a) not to use the NSB Online System for any commercial or re-supply purposes;

(b) not to access the NSB order System using a third-party's account/registration without the express consent of the account holder;

(d) not to pay, or attempt to pay, for a product using any fraudulent or unlawful means;

(d) not to commit any acts of infringement on the NSB order System;

(e) not to copy any content, for republication in print or online or any other purpose;

(f) not to disrupt, interfere with, or otherwise harm or violate the security of the NSB order System, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the NSB order System or affiliated or linked sites.

orders

Any order for a product placed through the NSB order System is an offer by you to purchase a particular product for the price shown on the NSB order System at the time you place the order.

Pricing

All product prices are quoted inclusive of GST. You agree to pay all taxes (including GST) payable in connection with this contract.

Delivery costs will also be charged on orders delivered to you. Further details on delivery are set out under the Delivery section below.

Payment

Full payment for products must be made at the time you place your order.

You authorise our agents to charge all fees incurred to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand.

Acceptance or Rejection of an order

When you place an order to purchase product(s), we will send you an email confirming receipt of your order and containing the details of your order. This email is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product ordered. We only accept your offer, and conclude the contract of sale for the product(s) ordered by you, when we have processed your order and issued a sales invoice to you.

Electronic invoices will be emailed to you at the email address provided by you in relation to the order.

We may reject an order placed through the NSB order System or any part of your order without liability to you for that rejection if:

a product in that order is not available;
there is an error in the price or the description of the product posted on the NSB order System; or
the order triggers fraud prevention protocols.

If we reject an order, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you place the order.

Each order placed through the NSB order System that we accept results in a separate binding agreement between you and us for the supply of those product(s).

For each order accepted by us, we will supply the product(s) in that order to you in accordance with these Terms and Conditions.

Cancelling an order

We may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

a product in that order is not available;

there is an error in the features, specifications or price of a product posted on the NSB order System for a product in that order; or
we reasonably believe your order has been placed in breach of these Terms and Conditions.

Delivery

Delivery charges and estimated date of delivery will depend on where your order is being delivered.

It is the customer’s responsibility to ensure correct delivery address and access details are provided to NSB.

We will use all reasonable endeavours to meet the estimated delivery date, however you agree that NSB is not and will not be liable for any loss or damage, however it arises, if the products are delivered after the estimated delivery date.

Products will only be delivered if a person aged over 18 and able to accept delivery is at the delivery address and subject to the terms and conditions of our delivery/shipping agent.

Risk and Title

Risk in NSB products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by NSB of full payment by either cash or clearance of funds into our bank account.

Advice and technical information

General

Products are suitable for domestic use only unless otherwise specified.