terms and conditions

part A- introduction

1.terms of service

These terms and conditions ("Agreement") set forth the general "terms and conditions of your use of the http://mamabearbebe.com.au website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms "User", "you" or " your" shall refer to such entity. If you do not agree with the terms of this agreement, you must not accept this agreement and you may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator of Mama Bear Bebe, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Part B-SPECIFIC TERMS AND CONDTIONS FOR THE SALE OF GOODS ON THE MAMA BEAR BEBE WEBSITE

2.accounts and membership

If you create an account on this Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the services. You must ensure that the details provided are correct and complete, in order to process your order. Giving false information may result in the termination of your account, or orders not being processed correctly, and this is your liability. You must inform us immediately of any changes to your personal information.

3.Availability

You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Mama Bear Bebe will use reasonable endeavours to contact you within five (5) Business Days to arrange a full or partial refund. We will also use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We will not be liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

Where your Order is affected by an error on the Website (for example, incorrect description of the Goods, image, Price or otherwise), we may reject the part of the Order that is the subject of the error. Mama Bear Bebe will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered. In circumstances where your Order is only partially fulfilled, you will only be charged for the partial fulfillment of your Order.

You acknowledge and agree that:

all pictures and images of Goods displayed on the Website are for illustration purposes only, and sizes, dimensions of Goods may differ in real life:
you have always read the full description of the Goods prior to submitting your Order;
the colour of the Goods as shown on the Website may vary slightly in shade in real life; and
any accessory featured with the Goods is for illustration purposes only.

4.BILLING AND PAYMENTS

You shall pay all fees or charge to your order in effect at the time a fee or charge is due and payable. If payments are not cleared, we will reject your Order and processing your Order will not commence. We reserve the right to change products and product pricing at any time. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/ or billing address/phone number provided at the time the order was made and within five (5) business days after the placement of the order.

Prices are displayed in Australian Dollars. Where a delivery address within Australia has been nominated, the Price includes Australian GST (currently 10%). You will be charged the price in Australian Dollars regardless of your very location. Mama Bear Bebe reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at the stipulated Price, in which case there will be no change or alteration in the Price.

In respect to any Order placed, you agree to be charged by us and you have to pay us:

the Price (which is the Price at the time the Order is submitted in Australian Dollars); and
the Delivery Fee (if any)

You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card or AfterPay. When paying by credit card, you authorise our provider Stripe to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.

You acknowledge and agree that any payment in respect of an Order must be cleared before the Goods which are subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions, and you will be notified of this. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or you should use an alternative payment method in order to continue with your Order being processed. In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent activity or contravened any Law. You will receive an invoice by email once payment in respect of your Order has been processed.

Mama Bear Bebe takes reasonable precautions to use encrypted payment gateway and security certificate to secure payments, however, cannot guarantee the security of any transaction.

5.Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies that relate to our products or services. We reserve the right to correct any errors, inaccuracies, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. In some circumstances we will contact you. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

6.Delivery

Mama Bear Bebe uses Delivery Agents to deliver your Goods. You agree to your details including Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods. You should refer to our Shipping and Returns Policy of the Website for the applicable Delivery Fee for the Goods. Indicative delivery time frames are set out in the Shipping and Returns Policy of the Website.

You acknowledge and agree that notwithstanding anything else stated on the Website:

Mama Bear Bebe Online cannot guarantee that delivery will occur in the stated delivery time frames;
delivery time frames may change from time to time due to unforeseen circumstances; and
except where required by applicable law, Mama Bear Bebe Online is not liable with respect to any loss, damage, cost, expense, or injury you or any third party suffers as a result of a change in delivery time or a delay in delivery.

Delivery of Goods will take place at the Address specified by you during the Order process. You will need to submit separate Order of Goods where you may require multiple delivery destinations.

If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you that your Goods have returned to the Post Office and are waiting for your collection. It is your responsibility to collect your Goods. Mama Bear Bebe is not liable for any loss of calling cards or non-collection of products.

Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is any obvious damage to the Goods due to transit, you must contact us through our Contact us form on the Website or email us at mamabearbebe@hotmail.com as soon as practicable. If the Goods are not as ordered, you may return the Goods to us in accordance with our Returns Policy found on our Website. If Goods are missing from your Order, please Contact us immediately, or return the Order to us in accordance with the Returns Policy found on our Website. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible.

You warrant to Mama Bear Bebe that any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so.

7.RISK AND TITLE

Risk and title in the Goods pass on to you on the date and time of delivery of the Goods to the Delivery Agent.

8.ORDER CANCELLATIONS AND RETURNS

Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you need to carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered Goods in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.

Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you (and any applicable Delivery Fee) in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. We will not be liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

It is a condition of most credit card schemes that refunds be processed on the same card as the original payment method was made in order to minimise the possibility of fraudulent activity on cards. Mama Bear Bebe is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated when you placed your Order.

PART C-TERMS AND CONDITIONS FOR user comments, feedback and other SUBMISSIONS

9.ownership of submissions

Other than personal information, which is subject to our Returns Policy all comments, blogs, feedback, suggestions, questions, ideas, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Mama Bear Bebe on or through the Website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Mama Bear Bebe once submitted. You must comply with the content standards for Submissions set out in these Terms and Conditions. You warrant that you comply with these standards and guidelines. You warrant that you have the right to grant to Mama Bear Bebe the rights set out in these Terms and Conditions in respect of your Submissions.

10.SOCIAL NETWORKING SITES

These Terms and Conditions also govern any Submissions you make on any Mama Bear Bebe related third party website or page such as our Instagram, TikTok or other social networking site. All comments, images, videos and any other type of material posted on any third-party social networking site do not necessarily reflect the opinions or ideas of Mama Bear Bebe and Mama Bear Bebe is not responsible for any such contact, in any event, all material posted on any social networking site must comply with these Terms and Conditions and the third-party social networking sites terms of use, as applicable.

11.intellectual property rights in submissions

A disclosure, Submission or offer of any Submissions and your agreement to these Terms and Conditions shall constitute an assignment to Mama Bear Bebe of any intellectual property rights in the disclosure or Submission. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submission on any Mama Bear Bebe's related third-party website or page, you must comply with the content standards set out below and with these Terms and Conditions.

12.Confidentiality

Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website, or any Mama Bear Bebe's related third-party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user on the Website, if, in our opinion, such Submission does not comply with the content standards set out below.

13.Rules For Submissions

Please be polite and only write in English.

You confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property rights of others.

If you require an immediate response from us or have a comment about our service, please contact us via email at mamabearbebe@hotmail.com for a quicker response.

Submissions should not include:

profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others.
comments about other reviewers or bloggers
remarks making criminal accusations, or false, defamatory or misleading statements
material which impersonates others
spam or advertising
third party brand names or trademarks
personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
HTML code, computer script or website URLs
availability, price or alternative ordering or delivery information
information about Mama Bear Bebe's suppliers or manufacturers

Mama Bear Bebe, in its absolute discretion reserves the right to:

not publish the Submission or remove it
take any appropriate action if deemed necessary
remove reviews which relate to seasonal products which are no longer in season

Please let us know immediately via email at mamabearbebe@hotmail.com if you see any Submissions which do not comply with our rules.

PART d-GENERAL

14.copyright and trademarks

The Website and all material provided on the Website are owned or licensed by Mama Bear Bebe Online, including the "look" and "feel" of the Website, the colour combinations, layout, photographs, and all graphical elements. Except where necessary for viewing the material on the Website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, nothing on the Website may be copied , reproduced, uploaded to a third party, issued or communicated to the public, linked to, framed, distributed or transmitted in any form by any process without prior written consent of Mama Bear Bebe. Please bear in mind that other product and company names mentioned on the Website may be the trademarks of other people or entities.

15.disclaimer

The information contained on the Website is provided by Mama Bear Bebe in good faith. To the best of Mama Bear Bebe's knowledge, the information is accurate and current. However, the Website and its contents are provided to you on "as is" basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. Mama Bear Bebe makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website.

Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Mama Bear Bebe excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, included any statutory guarantees that are provided under competition and consumer legislation, including as applicable, the Competition and Consumer ACT 2010(Cth).

16.limitation of Mama Bear Bebe's liability

Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Mama Bear Bebe will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction(actual or contemplated) undertaken or attempted to be undertaken through the Website, including subscriptions of Mama Bear Bebe, or resulting from use of goods and services supplied to you or on your behalf, through the Website.

Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Mama Bear Bebe in connection with goods or services supplied to you will, at the election of Mama Bear Bebe, be limited to:

In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payments of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law)

To the extent permitted by law, our liability to you for loss or damage of any kind arising out of your use of, or relating to, this Website will be reduced or limited to the extend (if any) that you cause or contribute to the loss or damage.

17.indemnity

You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.

18.Privacy

Personal information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order and improving our order process in accordance with Mama Bear Bebe's Privacy Policy.

You represent and warrant to Mama Bear Bebe that all information (including personal information) and data provided by you to us through the Website is true, accurate, complete and up to date.

19.VIRUS WARNINGS

All care is taken to ensure that the Website and data transmissions are free from viruses. However, Mama Bear Bebe cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website and you release Mama Bear Bebe entirely of all responsibility for any consequences of its use.

20.Use of cookies

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer to you. Our cookies do not contain any personal identifiable information. If you decide to disable cookies on your web browser, you may not be able to fully experience all features of our Website.

21.Third Party sites

The Website may contain links to third party sites. Mama Bear Bebe is not responsible for the condition or content of these sites as they are not under Mama Bear Bebe's control. You access those sites and /or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Mama Bear Bebe of the sites or the products or services provided on the site.

Any use of any Mama Bear Bebe's social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Mama Bear Bebe. All worldwide rights reserved.

22.Electronic Communications

You consent to receive communication from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

23.security and viruses

information and email sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.

24.Termination

Mama Bear Bebe reserves the right to, at its discretion, terminate your access to and use of the Website:

for convenience, at any time, upon provision of notice to you; immediately: i. if Mama Bear Bebe reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or ii. if you have been provided with notice of breach, and you have failed to remedy that breach within 14 days(where the breach is able to be remedied).

25.General

You acknowledge that these Terms and Conditions are governed by and are to be constructed in accordance with the laws applicable in Victoria. The Victorian courts (including the Federal Court of Australia, Victoria Registry) shall have jurisdiction to resolve any disputes between us.

You can review the most current version of the Terms and Conditions at any time on this page of our Website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

If you have any Questions or Feedback about our Terms of Service, please contact us at http://mamabearbebe.com.au or email us at mamabearbebe@hotmail.com

Mama Bear Bebe ABN 37605115173

This document was last updated on March 25, 2023