Conditions of Sale
These Conditions of Sale govern the sale of products by Bloom & Grow Australia Pty Ltd and its subsidiaries, (“Bloom & Grow”, “we” or “us”) to you through this website. Bloom & Grow is a Hong Kong-based business which holds the rights to distribute a range of brands of mother and baby products across the Asia-Pacific region, including those made available via this website. Please read these conditions carefully before placing an order with us. By placing an order with us, you signify your agreement to be bound by these conditions.
1. Our contract
Your order is an offer to Bloom & Grow to buy the product(s) in your order. When you place an order to purchase a product from us, and once we have received payment of the whole price from you, we will send you an email or other message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the services ordered.
We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send an e-mail or other message to you confirming to you that we’ve dispatched the product to you (the “Dispatch Confirmation”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract is with Bloom & Grow.
You consent to receive sales invoices electronically. Sales invoices will be made available electronically via email, when requested by the customer.
2. Your cancellation rights
Unless one of the exceptions listed below applies, and without prejudice to your statutory rights, you can cancel your order without giving any reason at any point prior to its dispatch by us, and you may cancel our contract at any point within 7 days from the day on which you receive the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately).
You must inform us (by emailing email@example.com) of your decision to cancel your order. To meet the cancellation deadline, it is sufficient for you to send your communication before the 7 days’ cancellation period has expired and return the item to us. We accept no liability to you unless you notify us by email, within the 7 days’ cancellation period.
For additional information on the scope, content and instructions for the exercise, please contact us using the contact details below.
Effects of cancellation
All goods returned to us must be received by us in the same condition they were in when delivered to you, unused, and in their original packaging. You will have to bear the direct cost and risk of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods.
Exceptions to the right of cancellation
The right of cancellation does not apply to:
- the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
- the supply of goods made to your specifications or clearly personalised; or
- the supply of goods which may deteriorate or expire rapidly;
3. Our cancellation rights
We sell a wide range of products across a number of countries throughout the world, on behalf of ourselves and a large number of suppliers. In some circumstances, we may only be able to provide certain products to customers based in certain countries, or to certain categories of customers.
We therefore reserve the right, entirely at our discretion, to refuse to accept, or to cancel, an order placed over the website. Reasons for this might include, but not be limited to: (i) because we do not deliver to certain countries; (ii) because we have not been granted distribution rights by a supplier in respect of a customer’s jurisdiction; (iii) because goods may be out of stock; or (iv) because we have reason to believe a customer may not pay for the goods or comply with the relevant contract terms.
4. Pricing, availability, promotions and delivery
All prices are inclusive of any legally applicable VAT & GST.
All prices are exclusive of any import or export duty. All prices are also exclusive of delivery charges, which are shown separately when you order your goods.
Prices are subject to change without notice, and despite our best efforts, a small number of the items on our website may be mis-priced. Where possible, we will verify pricing when processing your order. If a product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
All promotional (promo) codes and offers can only be redeemed online by users over the age of 18. Only one promo code may be redeemed per user account per promotion. Promo codes may require a minimum dollar value purchase. Some promo codes are not valid on certain product(s) and cannot be used in combination with other discounts, coupons, promotions, shipping specials or other promo codes. Promo codes must be entered at checkout to be applied to your order. Promo codes cannot be applied after order is submitted. Promo codes have expiration dates which are listed at the time of promo code offer. You are responsible for the security of your own promo code, we will not replace your promo code if it has been used by another party regardless of how that promo code was obtained. We reserve the right, without further notice to the holders of the promo codes, to modify terms and conditions for use of the promo codes.
As we process your order, we will inform you by e-mail or other message as soon as possible if any products you order turn out to be unavailable. This email will prompt you with a decision; to choose either to wait for a back order or have us refund the money of those unavailable items.
We will deliver your goods as soon as possible after your order is received, to the address you give us for delivery at the time you make your order. We reserve the right not to deliver an order if we believe the address provided is not secure (e.g. a communal postal address). You will become the owner of the goods you have ordered once you have paid for them and they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.
5. Product information
Save as expressly stated on the website we give no representation, warranty or statement as to the goods, including without limitation as to their quality or suitability. In particular, the products offered for sale on the website are directed at residents of Australia. We make no representation that any products or services referred to on the website are appropriate for use, or available, in other locations. If you choose to access the website from other locations, then you are responsible for compliance with local laws if, and to the extent that, local laws are applicable.
Unless expressly indicated otherwise, we are not the manufacturer of the products sold on this website. We have made all reasonable efforts to accurately display the sizes, colours, shapes and patterns of the goods for sale on our website. You acknowledge and accept however that sizes, colours, shapes and patterns shown on the website are approximate only. Colours in particular may differ due to the visual settings and hardware used in your own device. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
We accept no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
6. Our liability
We will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes any rights you may have as a consumer under applicable local law or our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will inform you by email, and a decision can be made between both parties. You may cancel your order at any time prior to dispatch.
7. Applicable law
These conditions are governed by and construed in accordance with the laws of Australia, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of Australia in the local region that Bloom & Grow Australia Pty Ltd registers.
8. Amendments to the conditions of sale
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the Terms and Conditions for the website, Policies and conditions of sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may only use our website with the involvement of a parent or guardian.
11. Our contact details
This website is owned and maintained by Bloom & Grow Australia Pty Ltd. All notices from you to us must be in writing (including by email) and sent to the contact details below.
Bloom & Grow Australia Pty Ltd
PO Box 1035, Bibra Lake DC