Terms and Conditions

Terms and Conditions for goods and items sold on babycuddle.com.au

These Terms and Conditions form a legally binding agreement between you, the customer, and BabyCuddle.com.au (ABN 34750619164) (“BabyCuddle”) or its Marketplace sellers, as applicable. They defines the ordering, purchase, fulfilment, and delivery of goods (“Goods”) purchased through babycuddle.com.au. By placing an order on babycuddle.com.au, you confirm your acceptance of these Terms and Conditions.

We encourage you to carefully review these Terms and Conditions before placing your order, as they include important details about the ordering process, payment, fulfilment, and delivery of Goods.

1. DEFINITIONS

1.1 In these Terms and Conditions, “Seller” means, in respect of a Good you purchase, the seller of the relevant Good. You can find details of the Seller on each Product Display Page, or in a summary of your order presented to you in the Order Summary.

1.2 In these Terms and Conditions:

"Account" means a personal account created by you on the Website; "Additional Delivery Charge" has the meaning given in section 3.12; "Delivery Charge" has the meaning given in section 3.11;

"Order" means an order for Goods, placed on the Website; "Password" means the password needed to access your Account; and "Website" means babycuddle.com.au.

2. YOUR LEGAL RIGHTS

Your purchase of goods is subject to applicable laws, including the Australian Consumer Law. Under this law, all goods are protected by guarantees that cannot be excluded. If a major failure of purchased product occurs, you are entitled to an immediate refund.

3. ORDERS, PRICING & TAXES

3.1 For each Good in your Order Summary, you are offering to the babycuddle.com.au that you will buy that Good from babycuddle.com.au for the price plus the Delivery Charge as shown at the time of submission of your Order and, as applicable, any Additional Delivery Charge. The babycuddle.com.au may, in its absolute discretion, accept or reject your offer but will be bound to supply you the Good once your payment has been processed and the babycuddle.com.au has accepted your order.

3.2 Please ensure that you enter all information carefully when placing an Order (including quantities ordered). Orders may not be able to be changed or cancelled once the Order has been accepted.

3.3 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only. If there is a limit on the number of Goods that you can place an Order for, your Order cannot exceed that limit.

3.4 If you place an Order for someone else to receive the Goods, by placing the Order you confirm that you have obtained their consent to provide babycuddle.com.au with their personal information.

3.5 babycuddle.com.au reserve the right to change the prices of Goods displayed on the Website at any time without notice to you. Subject to clause 8.2, the price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by babycuddle.com.au.

3.6 In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your Order Summary. A fixed delivery rate of 8 AUD is applicable to all the products displayed in the babycuddle.com.au.

3.7 You may also need to pay additional delivery charges which are not shown in your shopping cart but which we incur because of the heavy weights, size or delivery address provided. In such cases babycuddle.com.au will contact you for additional charges and to confirm your order. Babycuddle.com.au will provide you with a quote for the Additional Delivery Charge. If, within the timeframe specified, you do not agree to accept the Additional Delivery Charge, Babycuddle.com.au will cancel your Order. Babycuddle.com.au will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

3.8 babycuddle.com.au exclude delivery to certain locations in Australia where our couriers do not provide door-to-door service. These include, without limitation, Christmas Island, Norfolk Island, and remote parts of Queensland and the Northern Territory

3.9All prices and Delivery Charges and Additional Delivery Charges quoted are in Australian dollars and are inclusive of GST.

3.10 The internet can be unstable and insecure. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

3.11 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system.

4. YOUR ACCOUNT
4.1 If you do not already have an Account you will need to create one before placing an

Order. An Account may be a “guest” account.
4.2 You may not set up an Account for someone else.

4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Baby Bunting that all information provided by you in relation to your Account is complete, true and accurate.

4.4 You must notify BabyCuddle.com.au immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5 If Baby Bunting suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Baby Bunting then you must pay Baby Bunting the amount of that loss, damage, cost or expense if Baby Bunting asks you to.

5. AFTER YOU HAVE SUBMITTED AN ORDER/PAYMENT 5.1 When you place an Order, you will receive an Order reference number via email.

5.2 BabyCuddle will process your payment, and your Order will be considered accepted once the payment is successfully processed, typically at the time of placement.

5.3 You must pay for the Goods at checkout using one of the available payment methods on the Website. By providing your credit, debit, or gift card details, you authorize BabyCuddle to deduct the total amount, including applicable delivery and other charges.

5.4 BabyCuddle may decline or be unable to process your payment for various reasons, including but not limited to: (a) detection of potential fraud; (b) payment refusal by your financial institution; or (c) an expired payment card. In such cases, BabyCuddle reserves the right to cancel or place your Order on hold, requesting additional information (e.g., proof of identity) or an alternative payment method.

5.5 Your Order will not be dispatched until the payment has been successfully cleared. If the payment fails, the Order will be rejected, and you will be notified accordingly.

6. CANCELLATION OF ORDERS
6.1 BabyCuddle reserves the right to cancel an Order, in whole or in part, even after

acceptance but before delivery, in the following circumstances:

(a) Payment for your Order has failed or has not been received.

(b) A supplier is unable to fulfill their commitment to provide the Goods.

(d) BabyCuddle reasonably suspects that you are purchasing Goods for resale or that your order exceeds any applicable purchase limits.

(e) An event beyond BabyCuddle’s control—such as a natural disaster, terrorism, power failure, war, labor strike, system failure, epidemic, pandemic, or government-mandated response—prevents the supply of Goods within a reasonable timeframe.

(f) The Goods were listed on the Website with an error, such as an incorrect description, price, or image, that was not identified before acceptance of the Order.

(g) The transaction is suspected of involving fraudulent credit card or payment activity. If your Order is canceled, BabyCuddle will notify you.
6.2 You may cancel your Order if the Seller:
(a) Has breached a material term of these Terms and Conditions.

(b) Is unable to deliver your Order within a reasonable timeframe of the estimated delivery date advertised on the Website—except where the delay is due to your actions, such as providing incorrect delivery details or failing to make payment.

6.3 If your Order is canceled after payment has been processed, BabyCuddle will issue a refund for the amount paid. If only part of the Order is canceled, the refund will cover only the canceled portion.

7. DELIVERY
7.1 Risk and ownership of the Goods transfer to you upon delivery to the address specified

in your Order.

7.2 BabyCuddle delivers only to addresses within Australia. However, some remote areas are excluded from our delivery service.

7.3 Ensure that someone authorized by you is available to accept the delivery. If no one is present, BabyCuddle will attempt delivery if deemed safe and appropriate. Otherwise, the Goods may be returned to the courier’s depot or your local post office.

7.4 If you need to redirect an Order that has not yet been dispatched to a different address, BabyCuddle may charge a reasonable redirection fee. Once the Goods have been dispatched, redirection is not possible. Orders placed for Same Day Delivery or Scheduled Delivery cannot be redirected after submission.

7.5 If Goods are returned to the sender, the Seller will contact you to arrange redelivery, which may incur additional delivery fees.

7.6 BabyCuddle does not deliver to PO Boxes, locked bags, parcel lockers, farms, or cattle stations.

7.7 Once your Goods have been dispatched, you will receive an email confirmation. If your Order is not delivered within a reasonable time, please contact us.

8. DELAY IN AVAILABILITY OR DELIVERY OF GOODS 8.1 You acknowledge and agree that:

(a) Except as required by law, BabyCuddle does not guarantee delivery or availability of Goods within the timeframes stated on the Website and is not liable for any delays.

(b) External factors beyond BabyCuddle’s control may cause delays or, in some cases, prevent the delivery or in-store pickup of your Goods.

9. REFUNDS OF YOUR MONEY

9.1 If BabyCuddle is required to issue a refund under these Terms and Conditions, we aim to initiate the refund within two business days (Monday – Friday, 9 a.m. to 5 p.m. Melbourne

time). The time it takes for you to receive the refund depends on your financial institution’s processing times. For refunds from other Sellers, please refer to their returns and refunds policies.

9.2 Refunds will be issued using the original payment method.
(a) If the card used for the purchase has expired or been canceled, we will first attempt to

process the refund to the original card. If that fails, an alternative refund method will be used.

10. RETURNS/FAULTY OR DAMAGED GOODS 10.1 BabyCuddle’s Refunds and Returns Policy is available here.

10.2 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

11. MORE INFORMATION ABOUT BABYCUDDLE'S LIABILITY TO YOU

11.1 Warranty documents may be included with Goods by the manufacturer or distributor, but unless stated otherwise, BabyCuddle does not provide these warranties. Subject to Australian Consumer Law, all implied warranties and representations are excluded.

11.2 Except as required by law, BabyCuddle is not liable for any loss, damage, or expense (including indirect losses like lost revenue, profits, goodwill, or reputation) related to the Website, your Account, or the Goods, unless caused by BabyCuddle’s breach or negligence.

11.3 Subject to legal requirements, the Seller’s liability is limited to a refund, replacement, or repair of the Goods.

11.4 Any liability on BabyCuddle’s part will be reduced if your own actions contributed to the loss or damage.

12. PRIVACY
12.1 BabyCuddle’s collection, use, and disclosure of customer information are outlined in its

12.2 By placing an Order, you consent to BabyCuddle collecting your personal details (name, contact information, and delivery address) and sharing them with third parties

(including the Seller, suppliers, and delivery contractors) to fulfill and deliver your Order.

13. WEBSITE TERMS
13.1 Your use of the Website is governed by the Website Terms of Use.

14. GENERAL

14.1 BabyCuddle may amend these Terms and Conditions at any time, but changes will not affect existing accepted orders. Any updates will apply only to future orders, so please review these Terms before each purchase.

14.2 If any provision is found invalid or unenforceable, it will be adjusted to remain effective where possible or severed without affecting the validity of the remaining terms.

14.3 In case of conflict between these Terms and any other terms (e.g., delivery, Click & Collect, or refunds), these Terms will take precedence.

14.4 These Terms and Conditions are governed by Australian law.