These terms and conditions (together with our Privacy Policy (detailing our use of your personal information) and our Terms of Website Use tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of our products (“Products”) listed on our website or set out in our sales catalogue (each a “babyballet® Directory”) to you.
References to “we”, “us” and “our” refer to babyballet® New Zealand and to “you” and “your” are to you, a babyballet® Directory user and purchaser.
These Terms apply to any contract between us for the sale of Products to you (“Contract”). Please take the time to read these Terms before ordering any Products from a babyballet® Directory, as they include important terms which apply to you. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
Before placing an order with us you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from us. When ordering Products on our website, [Please click on the button marked “I Accept” when completing your order if you accept them.
We amend these Terms from time to time, as noted in clause 5. Every time you wish to order Products from a babyballet® Directory, please check these Terms to ensure you understand the terms which will apply at that time in respect of a babyballet® Directory. You should keep a copy of these Terms for future reference. These Terms, and any Contract between us, are only in the English language.
- Information about us
We are Duki Partners Limited trading as babyballet® New Zealand, a company registered in New Zealand under company number 9429047862678. Our GST number is 131-068-735. - Contacting us
To cancel a Contract in accordance with your legal right to do so as set out in clause 6, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at hello@babyballet.co.nz. When you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail to us.
If you wish to contact us for any other reason, including because you have any complaints, the best way to contact us is by email at hello@babyballet.co.nz. You can also contact us using one of the methods detailed on our “Contact Us” page which can be found by scrolling to the bottom of this webpage and clicking ‘Contact Us’.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us when you order a Product.
- Our Products
The images of the Products in a babyballet® Directory are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours in a babyballet® Directory accurately reflect the colour of the Products. Your Products may vary slightly from those images. The packaging of the Products may vary from that shown on images in a Babyballet Directory.
You may only purchase Products from a babyballet® Directory if you are at least 18 years old.
- Orders and contract information
Please take the time to read and check your order at each stage of the order process.
If you order via the website, after you place an order you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, we will inform you of this (usually by e-mail) and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
- Our right to vary these terms
We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements and our business practices.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- Returns and refunds
Prior to dispatch of the Products you are able to cancel your order at any time.
You have a legal right to cancel a Contract. This right starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.
Your deadline for cancelling ends 14 days after the day you receive your Products (and if we deliver in instalments this date is 14 days after the date the last Products are delivered). This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
Please be aware that this cancellation right does not apply in the case when the original packaging and tags are removed and/or when the Products have been used.
If you cancel your Contract we will:
i.refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
ii.refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
iii.make any refunds due to you as soon as possible and in any event within the deadlines indicated below:· if you have received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us;
· if you have not received the Product, 14 days after you inform us of your decision to cancel the Contract.
If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will refund you on the credit card or debit card used by you to pay.
Unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- How to cancel your order
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form which can be obtained by emailing us at hello@babyballet.co.nzor contact our customer services team by telephone on 022 322 4020. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
If a Product has been delivered to you before you decide to cancel your Contract then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to babyballet Returns, 9 Barron Drive, 0604, Green Bay, Auckland
- Delivery
Items purchased from us and sent to you are usually sent by Track & Trace NZ Post. You acknowledge and agree that the parcel may contain a label displaying your name, address and telephone number to facilitate a successful delivery attempt in accordance with NZ Post.
We will contact you with an estimated delivery date which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. Our responsibilities when this happens is set out in clause 12.
Delivery shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
You own the Products once we have received payment in full, including all applicable delivery charges following dispatch of the Products to you.
If we miss the 30 day delivery deadline for any Products then you may cancel your Contract straight away if any of the following apply:
i.we have refused to deliver the Products;
ii.delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
iii.you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 8 above, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Contract if we do not meet the new deadline.
If you do choose to cancel your Contract for late delivery under these Terms, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
Unfortunately, we do not deliver to addresses outside New Zealand.
- Price and delivery charges
The prices of the Products will be as quoted in a babyballet® Directory at the time you make your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered in a babyballet® Directory.
Each babyballet® Directory contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products in a babyballet® Directory may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
The price of a Product includes GST (where applicable) at the applicable current rate chargeable in New Zealand for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the order process, before you confirm your order.
- How to pay
You can only pay for Products using a debit card or credit card. We accept all major credit and debit cards: Payment for the Products and all applicable delivery charges is in advance. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation has been completed. Your card will be debited once the order has been accepted.
Payment Options
We take the following cards:
These Terms and Conditions also relate to all babyballet® New Zealand competitions, promotions and discount codes (unless stated otherwise).
· A promotional code cannot be used after an order has been placed
· Only one promotional code is allowed per order
- Our liability to you
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was specifically contemplated by both you and us at the time we entered into this contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
i.death or personal injury caused by our negligence;
ii.fraud or fraudulent misrepresentation;
iii.any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
iv.any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
v.defective products under the Consumer Protection Act 1987.
- Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
i.we will contact you as soon as reasonably possible to notify you; and
ii.our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
- Other important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.