Terms & Conditions

General

All goods and services sold by us to you are sold on the terms of trade set out below. We may at any time vary these terms of trade. These terms of trade may not otherwise be varied unless agreed by us in writing. In these terms of trade, references to "we", "our" or "us" are references to Baby Factory (NZ) Limited and references to "you" and "your" are references to the customer.

While we endeavour to supply accurate information on this site, errors and omissions may occur. The Baby Factory does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.

Acceptance
You will be deemed to have read and accepted these terms of trade when you confirm an order for goods or services by clicking on the "SUBMIT" button or "I ACCEPT" button. Once your order has been accepted by us this will constitute a binding contract for the supply of the goods or services on these terms of trade.

Refusing or cancelling orders
In the unlikely event that the goods or services ordered are no longer available we reserve the right to refuse or cancel an order.

While we endeavour to ensure that the price and description of goods or services is accurate, if there is an error in the process of listing a product or service on our website or a technical error in the processing of your order we reserve the right to refuse or cancel the order.

Our right to cancel orders applies to orders that have been accepted.

Price and Payment
For all goods or services ordered by you, you must pay the price for the goods or services specified on our website at the time your order is accepted by us. All payments are to be made by credit card (we accept Visa, Mastercard, Amex, and Diners). We may contact you directly to confirm your credit card details. All prices are in New Zealand dollars and are inclusive of GST (being tax levied in accordance with the Goods and Services Tax Act 1985 and includes tax levied in substitution for such tax). You will pay all other applicable taxes, import duties, levies or tariffs which may be payable (if any).

Freight and Handling
You will pay freight and handling charges on any goods you order from us as follows:

• All goods delivered within New Zealand (except gift vouchers) incur a freight and handling charge of $7 per order. Any order over $100.00 receives free freight. Exclusions for oversized items may apply ($30 North Island, $70 South Island per oversized item - if a rural delivery please contact customerservices@babyfactory.co.nz for a freight cost). Extra $5.00 charge for Rural Address. Gift vouchers delivered within New Zealand do not incur a freight and handling charge. Sorry this excludes Waiheke Island, Chatham Islands & Steward Island. Please contact our Customer Services Department for alternative freight options.
• All freight and handling charges for goods delivered outside New Zealand (North & South Island) will be advised upon receipt by us of your order. Your order will not be sent to you until freight costs are confirmed by you.
• Gift vouchers only redeemable in New Zealand. Freight and handling for Gift Vouchers to be delivered outside New Zealand will be upon receipt by us of your order. Your order will not be sent to you until freight costs are confirmed by you.

Order and Delivery
We will endeavor to deliver goods ordered from us within 21 days from the date we receive and accept your order. This will be subject to stock availability. If we anticipate that you will not receive the goods within that time we will advise the reason for the delay and the likely date of the delivery. You will then be asked to confirm the order or cancel the order. The timing for delivery of services ordered from us will be as specified on our website or as agreed by us and you. We will not be liable for any delays in delivery of goods or services.

Property/Risk
Property and risk in goods ordered by you from us will pass to you upon delivery of the goods to your specified delivery address for the relevant order.

Returns Policy
Should you change your mind we will happily provide an exchange, store credit or credit voucher subject to the following conditions;

• Returned goods be accompanied with receipt
• The goods returned within 30 days of delivery
• The goods need to be in the original condition as purchased
• Breast Pumps are unable to be returned (exchanged or refunded) due to Health Reasons.

The above does not apply to sale goods, which are not returnable. Exchanges to be at the expense of the customer if exchanged via post or courier. Alternatively customers can exchange items at any Baby Factory store with receipt of purchase.

If goods are faulty we will meet our obligations under the Consumer Guarantees Act but proof of purchase is required. Faulty goods must be returned to us as soon as possible. Freight charges will not be borne by you if you are located within New Zealand (North & South Island). If you are located outside New Zealand (North & South Island) and you wish to return faulty goods to us (for repair or otherwise), then, to the fullest extent permitted by law, you will be responsible for the freight and handling charges associated with: (a) returning the goods to us; and (b) delivering any repaired or replacement goods back to you. We will advise you of the freight and handling costs associated with returning repaired or replacement goods to us in such circumstances and the repaired or replacement goods will not be sent to you until you have confirmed that you will pay the freight and handling costs.

Liability
Subject to the provisions of this clause, to the extent permitted by law:

• all warranties, representations and guarantees (whether express, implied or statutory) are excluded;
• we will not be liable for any indirect losses or consequential damages of any kind suffered or incurred by you; and
• we limit our liability to the replacement, or replacement cost and the delivery cost, of the relevant goods at our option.

If you are not acquiring goods or services from us for business purposes, you may have rights and remedies under the New Zealand Consumer Guarantees Act 1993 in which case the above exclusions and limitations (and any other provisions in these terms of trade which limit or exclude the rights and remedies available to you) will not apply to the extent these are inconsistent with your rights and remedies under that Act. If you are acquiring goods or services from us for business purposes, the New Zealand Consumer Guarantees Act 1993 will not apply.

Governing Law
These terms of trade are governed by and interpreted according to the laws of New Zealand.

Business Name
On all orders placed on The Baby Factory Website Baby Factory NZ Ltd will appear on your statement.

Changes to the Agreement
Baby Factory reserves the right to alter, modify or update these terms of use. These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply to future orders.

Purchasing online with Q Card
You can now use your Q Card to make online purchases at babyfactory.co.nz* and receive at least 3 months no payments and no interest (Payment Holiday) on your purchase.
To use Q Card online simply select 'Credit Card' as your payment type when you check-out, enter your Q Card number, expiry date and CVV number. (Your CVV number is a 3 digit number displayed on the back on your Q Card).

* Purchases from babyfactory.co.nz will be on your Q EFTPOS Plan.

^ Information about Q Card: A minimum purchase amount may be required. Account fees may apply. Available on Flexi Payment, Fixed Instalment or EFTPOS Plans. For interest free only deals, monthly payments may be required throughout interest free period. Q Card Standard Interest Rate applies to any outstanding balance at end of payment holiday or interest free period. Q Card lending criteria, fees, terms and conditions apply