Terms and Conditions
Terms & Conditions LINEN BABY
The purchase of our products is strictly limited to parties who can lawfully enter into contracts on the internet in accordance with the laws of South Australia, Australia. Additionally, when purchasing our products, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and that you are the person referred to in relation to the information provided or you have authority to make the payment on behalf of the persons’ whose details you have provided.
Placing Orders with Linen Baby
LINEN BABY offers products for sale that are in stock and available for dispatch from our warehouse in South Australia, Australia. All orders are sold on a first-come, first-served basis and are subject to acceptance and availability. As there is a delay between the time when your order is placed and the time when your order is accepted by us, the stock position relating to particular products may change during this time. If a product you have ordered becomes out of stock before we accept your order, we will notify you as soon as possible and we will happily refund the amount or put your payment towards a different product. Please be aware that products in your ‘cart’ may be purchased by other customers.
LINEN BABY is not responsible for any delays caused by matters not under its full direct control, including without limitation due to destination customs clearance processes and delays caused by the shipping company.
Colours of products are as accurate as the website allows and may differ slightly to the actual product due to the nature of photography and/or monitor colour calibration.
In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or oversight, LINEN BABY will refund or exchange product. LINEN BABY shall have the right to refuse or cancel any orders placed for products listed at an incorrect price. If your credit card or account has already been charged for the purchase and we then cancel the incorrectly priced item from your order, LINEN BABY shall, as soon as possible, issue a credit to your card or Paypal account, in the amount of the charge.
Once your order has been placed, you will receive an email acknowledging the acceptance of your order. Completion of the contract between you and LINEN BABY will be when we email you to confirm your order has been dispatched. The contract between us and you is therefore concluded in South Australia, Australia.
We aim to dispatch all orders within 5 business days from the date you placed the order. ‘Business days’ means a day which is not a Saturday, Sunday or public holiday in South Australia, Australia. Please be aware, we may close for a period of time over the Christmas holidays each year and we will advise accordingly by posting relevant dates on our website regarding when your order will be processed.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular product, that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn or that you do not meet our eligibility criteria.
We may also refuse to accept a transaction for any reason and at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any of our products from our website (whether or not those products have been sold), removing, screening or editing any materials or content on our website, refusing to accept an order or suspending any transaction after processing has begun.
All prices and offers displayed on our website are in Australian dollars and are inclusive of GST. All prices and offers displayed on our website remain valid as advertised from time to time. The price advertised at the time of the order and accepted by us will be honoured despite any further changes, except in cases of error. For overseas customers who are purchasing our products, you acknowledge that the final price will be calculated in accordance with the applicable exchange rate on the day your payment is processed (for example, for customers paying by credit card this will be the date your credit card company processes the transaction).
Payment can be made using credit or debit card. Payment will be debited and cleared from your account prior to dispatch of your order by LINEN BABY. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to LINEN BABY, we will not be liable for any delay or non-delivery of your product.
We take all reasonable care to ensure our website is secure. All credit card transactions on our website are processed using BRAINTREE, a secure online payment gateway that encrypts your card details in a secure host environment. Further, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure but you agree and acknowledge that we will not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
Shipping & Delivery
All domestic retail orders are shipped via Australia Post and upon ordering, customers automatically give authority for their order to be left unattended at their delivery address. LINEN BABY will only replace orders sent using these methods, provided the order is proved lost in transit by the delivery service company.
LINEN BABY charges $10.00 for all domestically shipped orders. LINEN BABY offers ‘free shipping’ on all orders over $100.00 within Australia. For all international orders, a flat fee of $25.00 is assigned. From time to time factors such as order size, weight and/or shipping address may require us to ship via another method. LINEN BABY reserves the right to change your shipping method in these cases without notice to you and will provide you tracking details for the new carrier once shipped.
Once your order is delivered, responsibility for the product purchased passes to you. This means that the risk of loss and title for your product passes to you upon our delivery to you. If you have requested a recipient who is not you for delivery purposes (for example, as a gift) then you accept that delivery at the recipient’s address is evidence of delivery and fulfilment by LINEN BABY. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, LINEN BABY are not responsible for any delays caused by customs clearance processes, postal or courier delays or missing parcels or any other similar service delay.
All delivery times provided by LINEN BABY are estimates only. LINEN BABY will not be liable for late deliveries. Please note that LINEN BABY is unable to grant specific delivery requests such as “Deliver between 12-2pm” or “leave parcel in back yard”. LINEN BABY is not responsible if your delivery instructions are not followed.
Returns & Exchanges
Please revert to the ‘Delivery and Returns’ link on our website (www.linenbaby.com.au) for all information regarding returns and exchanges.
Your Obligations & Responsibilities
In the access or use of our website, you agree to comply with these terms and conditions. You will always act in accordance with the law, custom and in good faith. You may not make any change or alteration to our website or any content or services that may appear on our website and may not impair in any way the integrity or operation of our website.
Right to Terminate
We reserve the right to deny you access to our website, or a part of it, at any time without notice to you and at our sole discretion. Some of the circumstances that may lead to our decision to deny you access to our website include, without limitation, your breach of these terms and conditions and any disrespectful or inappropriate conduct towards us or other users or members.
The decision about whether to terminate these terms and conditions or to deny you access to our website is determined by us in our sole discretion and, if we deny you access to our website, it may be on a temporary or permanent basis.
Changes to the Terms & Conditions
You acknowledge and agree that LINEN BABY reserves the right to, and may make changes to, these terms and conditions from time to time to reflect its changing business. However, LINEN BABY will not vary these terms and conditions so as to retrospectively increase your liability to LINEN BABY. Once changes are made to the terms and conditions, LINEN BABY will make a new copy of the terms and conditions available on its website as soon as possible after the changes are made. The amended terms and conditions will apply from the date the new terms and conditions are posted on our website. You agree that LINEN BABY is under no obligation to provide you with notice about changes to the terms and conditions and you further agree that it is your responsibility to check the terms and conditions for any changes. If you do not agree to any change to the terms and conditions, then you must immediately stop using our website.
Limitation of Liability
Subject to any applicable law that cannot be excluded, LINEN BABY and its related entities will not be liable to you or any other person for any non-excludable direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from or in connection with products or services available or supplied to you, or on your behalf, through this website.
For all other claims or liability, as far as permitted by law, the maximum liability of LINEN BABY and its related entities for any loss, damage or claim whatsoever arising out of or in connection with this website, these terms and conditions, any products or services available or supplied to you, or on your behalf, through this website will be $100.00 in aggregate for all claims by a customer. LINEN BABY and its related entities will not in any case be liable for any lost profit (direct or indirect), deletion or corruption of electronically or digitally stored information or incidental, consequential or special damages arising out of or in connection with this website and the content and the products and services available or accessible on the website.
You can contact LINEN BABY by any of the following methods:
Mail: PO Box 2036, Mount Gambier, South Australia, Australia 5290
You agree that LINEN BABY can contact you via any of the contact details you provided (including your postal or home address and email) as advised by you to LINEN BABY when you register with us (or any other contact details you advise in writing to LINEN BABY) at a later date.
These Terms and Conditions are Independent of One Another
If any provision of these terms and conditions offends any applicable law and, as a consequence is illegal, invalid or unenforceable then where the offending term can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the minimum extent necessary to achieve that result. In any other case, the offending term must be removed from these terms and conditions, in which event the remaining provisions of these terms and conditions will continue to operate and be valid and enforceable.
The Law that Applies
These terms and conditions and your relationship with LINEN BABY are governed by the laws in force in South Australia, Australia, without regard to principles of conflict of laws. You and LINEN BABY agree to submit to the non-exclusive jurisdiction of the courts of South Australia, Australia.