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Terms and Conditions

Terms and Conditions on Purchases and Merchandising

 

All orders are subject to review and acceptance by Simply Birth management. As all prices are subject to change, your order may not be accepted or we may have to communicate price changes or availability issues to you after you place your order, on a case by case basis.

Copyright/Trademark Information Simply Birth is a registered trademark of Simply Birth. The entire website, copy, images, logos, indicia, text, content, products and unique method of showcasing products is copyright to Simply Birth under Australian copyright law.

All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted.

The name of Simply Birth or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission.

The information contained in this website is subject to change without notice. Simply Birth are not responsible for typographical, technical, or descriptive errors of products herein.

​Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation with a Simply Birth booking order number does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

Simply Birth reserves the right at any time after receipt of your order to accept or decline your order for any reason. Simply Birth and its management reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $300.00 (AUD) must obtain pre-approval with an acceptable method of payment (cash deposit or credit card), as established by our credit and fraud avoidance management. We may require additional verifications or information before accepting any order.

​Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Simply Birth shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Simply Birth shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Simply Birth shall immediately issue a credit to your credit card account in the amount of the charge.

Return/Refund Policy and 7 Day Limited Guarantee

​Every product you buy from Simply Birth is backed first by the product manufacturer’s or supplier’s warranty. Simply Birth’s 7 day limited guarantee may also apply. Simply Birth’s 7 day limited guarantee provides for either exchange or refund of qualifying merchandise. To determine if the product you wish to purchase qualifies for Simply Birth’s 7 day limited guarantee or if other coverage applies please review the coverage terms in the item listing on our website.

Consumables and other categories of products that do not qualify for Simply Birth’s 7 day limited guarantee, and may have less extensive returns privileges and may be supported exclusively through the manufacturer’s or supplier’s warranty. Please check the item listing for specific details regarding individual products coverage. Terms and conditions may vary by manufacturer, supplier or product. Simply Birth will assist customers whenever possible in gaining satisfaction with product manufacturers and suppliers.

All returns require a Return Authorization number to be issued prior to being returned. Returned products must be in new condition, include original outer packaging, registration cards, inner packing materials and other accessories and not used. Products must be received within 7 days of the date shipped. We reserve the right to; refuse to return or charge a restocking fee for damaged, incomplete or otherwise non-conforming returns. Returns will not be accepted without a Return Authorization number issued by Simply Birth or when the product manufactures or distributors return policies supersede ours.

This is a summary only. You can review our complete Return Policy and Procedures. You can also review warranty coverage and returns privileges for any specific product item listing on our website. You can request a Return Authorization for most products eligible for return to Simply Birth by completing the Return Policy and Procedures. Freight, postage and shipping costs for returned merchandise is not refundable under any circumstances.

Regarding Bundles

Bundled items are included while supplies last. Items of similar or greater value may be substituted.

 

Warranty Limitations

There are no other express warranties or conditions respecting the products sold. Implied warranties, if any, are limited to the duration of the express warranty provided herein. Some states do not allow limitations on how long an implied warranty lasts so that the foregoing limitation may not apply to you.

 

Limitation of Liability

 In no event shall Simply Birth or any of its , management, subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Processing Time

Your order is thoroughly reviewed by our Credit management to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed the rigorous review by our Credit management, and payment has been received, it is sent to our warehouse for shipment.

NOTE – We do charge your credit or debit card to be able to ship the order. In the unlikely event that your order is delayed or cancelled the funds will be returned to you. The amount of time it takes for funds to be returned is dependent on the policies of the bank and may range from 1 to 7 business days.

Please note, credit card processing can take up to 3 business days (Depending on the accuracy of the information given to us by the customer). Further, for security reasons, voice confirmation may be required before we can process your credit card for payment.

If the item(s) on your order are in-stock, we will ship them as soon as practically possible from our warehouse. If the item(s) on your order are out of stock, they will not be shipped until we have received and processed the back-ordered inventory in our warehouse.

Note: Saturday & Sunday deliveries are not available.

 

Total Time for Delivery

Total time is based on the amount of time it takes to get payment authorization, order processing, and the transit time from the carrier. This can range from 24 hours to 10 days for in-stock items.

 

Shipping and handling

Shipping and charges will be applied to all orders placed with us. If your order must be shipped in multiple boxes, or in separate shipments in the event an item is not in stock and must ship at a later date, shipping and handling charges for the entire order will be assessed at the point when the first item is shipped. We charge only ONCE for shipping for the entire order. Should you have any questions or concerns regarding these charges, feel free to email us.

​Credit / Debit Card Purchases

​Before the goods are shipped, a charge for the total amount of the order will be sent to your  bank. Your bank should release the authorization when the charge is received. A charge is the only time a transfer of funds is completed; an authorization is not a transfer of funds.

​Risk of Loss

If the Customer provides Simply Birth with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for Simply Birth, title to products and risk of loss or damage during shipment passes from Simply Birth to Customer upon shipment from Simply Birth’s facility. For all other shipments, title to products and risk of loss or damage during shipment passes from Simply Birth to Customer upon receipt by Customer. Simply Birth retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

​Export Regulations

If this transaction involves an export under the U.S. export regulations, the commodities, sold or distributed under these terms and conditions of sale exported by Simply Birth were exported in accordance with such regulations. Diversion, use, export or re-export contrary to law is prohibited. The commodities, sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under the law to receive commodities, or may be in direct competition with Simply Birth own distribution agreements. In addition, manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the Simply Birth own distribution agreement.

​Dispute Resolution

​AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION OR IN SMALL CLAIMS TRIBUNAL AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS

You and Simply Birth agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product from Simply Birth by binding Arbitration administered, or in a small claims tribunal, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase of our products including, but not limited to purchase order claims, tort claims and statutory claims, or any combination of claims. We agree that the arbitration or small claim proceeding will take place in Perth, Western Australia.

You and Simply Birth agree that the Arbitration Award maybe taken to a Court of competent jurisdiction to become an enforceable judgment. You and Simply Birth agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted. If you wish to begin arbitration against Simply Birth you must file a case with the relevant arbitration board or small claims tribunal.

This Arbitration Agreement affects your legal rights. Arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances. You agree that, by entering into this Agreement, you and Simply Birth are each waiving the right to a trial by judge or to participate in a class action.

Updated 29.10.2020

 

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