Terms and conditions

These terms and conditions apply to your purchase from Gum Baby each time you make a purchase for any product with Gum Baby and your order is accepted, you have entered into a legally binding contract with Gum Baby and agree to abide by these terms and conditions. Your voluntary consent to enter into that contract with Gum Baby is subject to the following rights and obligations between you and Gum Baby, in addition to the rights and obligations prescribed by Australian Law.

Purchase of Products & Payment Terms:

Upon purchase of any product from Gum Baby, you agree to make payment for the product(s) at the price disclosed on the website of Gum Baby, in addition to Goods and Services Tax under the A New Tax System (Goods & Services Tax Act) 1999. Where other transfers, taxes or fees apply (particularly for orders outside Australia), you will be required to pay these in addition to the purchase price for the product(s).

In addition to the price of the product(s) you also agree to pay shipping, freight or other delivery fees as displayed on Gum Baby’s website. Shipping and delivery fees are subject to change from time to time and will be contingent upon your location and delivery period. For all deliveries within Australia, you will receive free delivery for any order placed that exceeds $100.00 (exclusive of taxes).

Payment can be arranged in Australian Dollars using one of the methods available using the shopping cart on Gum Baby’s website (being credit card or PayPal) and must be paid in full prior to dispatch of the product(s).

After receiving cleared funds from you for payment of the product(s), Gum Baby agrees to deliver the product(s) to you within a reasonable period of time. If Gum Baby is able to dispatch and deliver the goods within a set period of time, that timeframe will be communicated to you in the process of purchasing the product(s). However, Gum Baby does not warrant that the product(s) will be delivered within a fixed period of time and can not be held liable for any delay in the delivery of product(s).

Until Gum Baby receives cleared funds from you, they are not obliged to deliver the product(s) to you.

Deliver & Return of Product(s):

Gum Baby has clear title and ownership of the product(s) being sold and is not aware of any security over the product(s). The product(s) will be provided to you on that basis as required under Australian Consumer Law.

Gum Baby aims to provide you with the product(s) that reasonably reflect the description provided on their online catalogue; being of acceptable quality in accordance with Australian Consumer Law.

Title to the product(s) will pass to you upon your receipt of the product(s) and will be deemed to have been accepted by you; unless you have notified Gum Baby in writing (by email or post) of your refusal to accept delivery within 2 days of the purchase of the product(s). This does not preclude you to a refund or exchange of product(s) based on the terms set out below.

If you receive the product(s) and upon arrival and they have been damaged, destroyed or are defective, you are entitled to return the product(s) to Gum Baby within 14 days of receipt of the product(s), by:

Immediately notifying Gum Baby by email of the nature and details of the issue.

Should the products(s) be considered to be defective/damaged so as to render them of an unacceptable quality under Australian Consumer Law, Gum Baby will either:

exchange the product(s) and provide you with an equivalent replacement within a reasonable amount of time; or

issue you with a full refund. If you require this option, funds will be returned to the account used to purchase the product(s) and you will be notified via email that the funds have been returned to that account. You must respond to that email to confirm your acceptance of the release of the refunded monies.

Gum Baby, in its discretion, may reimburse you for costs incurred to return the defective/damaged product(s) to their office but is not obliged to do so.

An exchange or refund will only be made upon Gum Baby’s receiving the product(s). Gum Baby recommends that photographs are taken of the product(s) as soon as you notice any damage/defect to assist Gum Baby in managing its quality control.

Gum Baby takes every reasonable effort to ensure that the product(s) you have purchased has been subjected to a high standard of quality measures and controls, to satisfy the standards required by Australian Consumer Law. However, it is beyond our control to provide any warranty or assurance that all products will be ‘fault-free’ and some products may have been defective at the time of manufacture. Defects in the product(s) may be covered by the manufacturer’s warranty (where available). That warranty will be subject to the manufacturer and will depend on the manufacturer’s terms and conditions. Gum Baby can not be held liable for defects arising from the manufacture of the product(s).

Gum Baby will not be liable for the manufacturer’s fault or defect and, where permitted by the manufacturer, will transfer any applicable manufacturer’s warranty to you for the product(s) and provide you with details to contact the manufacturer.

If you have simply changed your mind, Gum Baby will provide you with an opportunity to exchange the product(s) for another product(s) of equal value, on the basis that within 14 days of receipt of the product(s) you:

Notify Gum Baby via email of your ‘change of mind’ within 7 days of receipt of the product(s), explaining your reasons for requesting the exchange and informing Gum Baby of the new product(s) you wish to order in its place;

Avoid opening or using the product(s) you have received, keep all tags and labels intact and attached and ensure that you have not destroyed or broken any seal or packaging for the product(s) (where applicable); and

Arrange to return the product(s) to Gum Baby’s nominated registered office via registered post only in appropriate, suitable and secure packaging; providing evidence of postage to Gum Baby and a tracking number. If you do not return the product(s) by registered post Gum Baby will not be liable for any product(s) lost-in-transit and will not be required to provide you with an opportunity to exchange the product(s).

You also agree that the postage fee for the return of the product(s) will be incurred by you and Gum Baby is not required to reimburse you for this expense or any other costs associated with the return of that product(s), including duties, transfer taxes, customs or international shipping fees.

Gum Baby will not issue or dispatch any product(s) by way of exchange, until the product(s) being returned have been received by the office of Gum Baby. Upon receipt of that product(s) the exchange will be processed and the exchanged product(s) will be delivered to you. Again, Gum Baby does not provide any warranty concerning the delivery time of that product(s).

Where Gum Baby has insufficient stock to satisfy your order and is unable to obtain further stock to provide you with the product(s), you will be notified in writing (by email) and will receive a refund or store credit.

In all other circumstances, you are required to proceed with the purchase and cannot request a cancellation; unless permitted under Australian law.

Any date of delivery provided to you will be an estimate only. A delayed delivery does not entitle you to a refund, exchange or cancellation of order.

The delivery of product(s) may be interrupted by unpredictable events (such as torrential weather). Where possible, all reasonable steps will be taken by Gum Baby to dispatch the product(s) to you within a reasonable period of time, but Gum Baby can not be held liable for any delay caused after the point of dispatch or for any reason beyond Gum Baby’s control. You agree not to hold Gum Baby liable and to indemnify Gum Baby for any such delay.

Available Products:

You acknowledge and agree that Gum Baby may, from time to time, alter the product(s) advertised on their website catalogue and that where product(s) have been sold or otherwise not available, you will not hold Gum Baby liable for any loss/damage you suffer as a direct or indirect consequence.

Obligations:

You agree to Gum Baby’s ‘Customer Obligations’, being that:

You will make payment of the product(s);

You will perform the terms of this Agreement and co-operate with Gum Baby’s ordering process; and

You will provide accurate information and documentation that Gum Baby reasonably requires to dispatch and deliver the product(s) to you.

You and Gum Baby will agree to uphold all relevant Australian Laws applicable to this Agreement, including Australian Consumer Law.

Each party will indemnify the other if they fail to uphold their respective obligations and/or do not comply with applicable Australian Laws.

Limited Liability & Indemnity:

You and Gum Baby agree that this clause will continue even after this Agreement comes to an end.

If Gum Baby has been found negligent in providing the product(s) (except where death or personal injury has resulted), Gum Baby’s liability is limited to the fees paid by you for the product(s). Gum Baby will not be liable for any: interruption, delay or interference to delivery of the product(s) beyond Gum Baby’s reasonable control.

Gum Baby will not be liable for any damage/loss arising which has resulted from your conduct or information/instructions you provide, and you agree to indemnify Gum Baby for same.

Neither party will be liable to the other for damage/loss suffered which is of an indirect or consequential nature.

Confidentiality:

All information that you provide to Gum Baby (including your credit card details, address and name) and all information provided to you by Gum Baby that is not otherwise publicly available and would be of a ‘confidential’ nature; will remain confidential and will not be disseminated, disclosed or distributed further. That information will be protected by applicable Australian Privacy laws.

Operation of Agreement:

You agree not transfer or assign your rights/obligations under this Agreement.

Both parties agree to adopt best efforts to resolve any disputes that may arise under this Agreement and in accordance with Australian Law.

Where a provision of this Agreement is void/unenforceable, then it will be removed and the balance of the Agreement will be binding.

This Agreement is the entire Agreement, in addition to any Tax Invoice provided to you. You agree that you can not rely on any other representation(s).

The parties acknowledge that the Agreement is governed by the laws of New South Wales, Australia and submit to the non-exclusive jurisdiction of that State.