Terms & Conditions
Terms & Conditions
In these terms and conditions, “we” “us” and “our” refers to Peaceful Mama Project ABN 84 652 757 570. Your access to and use of all information on this website including purchase of our product(s) is provided subject to the following terms and conditions and our privacy policy (together, the terms and conditions).
We reserve the right to amend the terms and conditions at any time and your use of the website will represent your agreement to be bound by these terms and conditions and any amendments which will take effect immediately. We therefore recommend that each time you access our website you read these terms and conditions. If you do not agree to these terms and conditions please do not use our website or our products.
Product descriptions
We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any inaccuracies, we reserve the right to correct the error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product orders
Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
All prices are in Australian Dollars (AUD) and are inclusive of GST. Prices can be accessed on the product pages and we reserve the right to amend our prices at any time.
Unless specifically stated otherwise, shipping is an additional charge. Charges will be provided accordingly in the checkout page when you select your shipping service.
For international orders, shipping will be calculated based on the destination selected at time of purchase. International orders may be subject to import duties and taxes, which are levied once a shipment reaches its destination. Any additional charges including customs clearance are your responsibility.
When you order from us, we require you to provide your name, address for delivery, email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
We undertake to ship your ordered product(s) within 48 hours of your order being received on a normal business day. Title in the goods passes to you when you have signed for the delivery
Once your order has been shipped we will provide you a link our third party logistics provider to track your parcel.
All risk of loss or damage to the goods passes to you when we dispatch the goods.
Payments
We process all online payments through PayPal or Stripe. This is transmitted via a GeoTrust Secure Sockets Layer version 3.0 (SSL) certificate which encrypts your credit card data for processing by either third party payment gateway.
All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to Peaceful Mama Project, we will not be liable for any delay or non-delivery.
If we are unable to process your credit card, please check to ensure you entered the details correctly and that the billing name and address match your credit card statement. Please refer to your credit card provider if the problem persists.
Order cancellation due to error
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to an error or oversight, we reserve the right to cancel a transaction. We will refund the total amount debited to your nominated bank as soon as practical.
Product returns
We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us via our ‘contact us’ page.
Peaceful Mama Project is happy to exchange products. We undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within 14 days of purchase however we will not provide any refund of such purchase.
If undamaged goods are returned to us for exchange, we do not refund any shipping charges. Return of undamaged goods for exchange is entirely at your cost and risk.
If we are unable to replace or exchange the returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase
Site access
When you visit our website, we give you a temporary and limited licence to access and use our information for personal use.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, re-publish, distribute or display any of the information on this website without our prior express written permission of an Authorised Officer of Peaceful Mama Project.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our website.
Hyperlinks
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may only link to our website with our prior express written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's content including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual property rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trademarks, brands and logos generally identified either with the symbols TM or ® which might be used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior express written consent.
Disclaimers
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability, accuracy, adequacy or completeness, or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care to ensure but do not guarantee or warrant that our website is free of any virus, worm, Trojan horse and/or malware. We are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory guarantees and warranties to consumers
Schedule 2 of the Competition and Consumer Act 2010 (‘C&C Act’) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you. If you meet the definition of a consumer under the C&C Act gives you certain rights including:
- a statutory guarantee that, amongst other things, any products ordered will be fit for its intended purpose and conform to any description provided on our website; and
- certain remedies if a product is defective;
Nothing in these terms and conditions are intended to affect these rights. For more information about these rights, we suggest you visit your local fair trading or ACCC websites.
Indemnity
To the fullest extent permitted by law, you hereby agree to indemnify and hold harmless Peaceful Mama Project and its officers, directors, employees, agents and representatives from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses, for any direct or indirect injury, damage, loss, cost or expense, arising in any way related to your breach of any of the Terms and Conditions or your use of our website or products.
Force Majeure
If a Force Majeure event causing delay, we may terminate this Agreement by giving at least 7 days’ Notice to you. ‘Force Majeure’ means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate privacy policy.
Limitation of liability
Peaceful Mama Project shall only be liable to you for losses up to 100% of the total value of goods purchased.
We are not responsible for failure to meet any of our obligations under these terms and conditions where such failure is due to events beyond our reasonable control.
To the maximum extent permitted by law, in no event shall Peaceful Mama Project, nor any of its officers, directors, employees, agents and representatives be held liable for any special, incidental, direct, punitive, indirect, consequential or any other damages or injury of any kind arising out of or in any way connected with your use of this Website or the Peaceful Mama Project products or services, under any theory of liability, even if Peaceful Mama Project has been expressly advised of the possibility of such damages.
Severability
If any provision of these terms and conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Changes to Terms
Peaceful Mama Project is permitted to revise these terms and conditions at any time as it sees fit, and by using this website you are expected to review these terms and conditions on a regular basis, and agree to the current terms and conditions as posted here and updated from time to time.
Assignment
Peaceful Mama Project is allowed to assign, transfer, and subcontract its rights and/or obligations under these terms and conditions without any notice to you. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations hereunder.
Governing law
These terms and conditions and our policies will be governed by and construed in accordance with Australian law and the relevant courts of Australia will have exclusive jurisdiction.