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Terms and Conditions

The terms and conditions apply to users of the Babies Galore website. By using this site, you accept and agree to these terms.

Ownership of materials on the Site

Unless otherwise indicated, Babies Galore own all copyright in the material on the websites. All registered or unregistered trade marks used on the Site are the property of their respective owners.

Babies Galore authorises you to print, copy, reproduce, download and view materials on the websites, subject to:

    * The material being used in the intended manner;
    * The material being used exclusively for non-commercial personal use; and
    * The material not being modified in any manner.

Use of the website

You must not upload to, or distribute or publish through, the site any inappropriate communication in any form. Inappropriate communications include obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material.

Privacy

We may also collect information on the times and ways you use our websites. This information will be used to improve the operation of this site and product available for offer.

Information and services at the Site

Babies Galore updates the websites regularly, however Babies Galore makes no representation as to the accuracy, currency or completeness of any information or services at the websites. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.

This Web Site is owned and operated by Babies Galore Pty Ltd. Use of this Web Site is subject to the Terms of Use. Babies Galore reserves the right to amend the Terms of Use at any time.

Babies Galore is not liable for any loss in connection with the use of this Web Site.

2.5% SURCHARGE WITH AMERICAN EXPRESS

Due to the higher commission rate charged by American Express, versus our other accepted payment methods, and to keep prices competitive, we unfortunately need to recover a proportion of this cost.

Therefore all transactions using American Express will incur a 2.5% surcharge on the total transaction price as of Tuesday 21^st September.

Mastercard, Visa, and EFTPOS will continue to have the benefit of no surcharge on your purchase.

We apologise for any inconvenience caused and request you contact American Express should you wish to discuss their higher commission rate further.

Copyright

This Web Site is Babies Galore copyright property. You may not in any form or means adapt, reproduce, or publish any part of it without written consent from Babies Galore.

REQUEST A NEWSLETTER

Babies Galore may refuse any application for membership.

BABIES GALORE ONLINE PRICES

Babies Galore Website prices and offers may vary from in store prices due to website specific sales and promotions. These promotions and prices will only be available online and not in any Babies Galore Store throughout NSW and QLD. Prices subject to change without notice. Sale prices are not to be used in conjunction with any other promotional offer. Babies Galore does not apply the Babies Galore price guarantee to online and catalogue prices. Babies Galore does not price match any online competitor. This is because we are unable to verify the availability and comparability of products and the standards of service and support that are offered. However you can always be assured of the same dedication to competitive pricing and exceptional value as you find in Babies Galore stores.

We may, from time to time, change or add to this Web Site (including our Terms and Conditions) or the information, products and services without notice. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up-to-date.

Under no circumstances will Babies Galore be liable for any indirect, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Web Site.

BABIES GALORE PRICE PROMISE

We pride ourselves on our range and service backed by our unbeatable price guarantee. If you find an identical, stocked item available locally, we guarantee not to be beaten on price. With this guarantee you can shop with confidence at Babies Galore, enjoying our big range and great service at a great price.

The competitor's price must be a published price or a written verifiable quote and the competitor must be located within a 20km radius of the respective store. The item must also be in the same colour way and be available immediately or in the same time frame offered by Babies Galore.

Our price guarantee does not apply to online offers, clearance or liquidation sales, ex-display models, auction sites and special financing.

Our price guarantee may not be used in conjunction with any other promotional offer, and we reserve the right to match the competitor's price and limit quantities purchased. We are unable to provide price matching online, so please visit your local Babies Galore store to take advantage of our unbeatable price guarantee.

TELL A FRIEND

This feature allows you to email a friend a specific web page from the Babies Galore Website that you think will be of interest to them. No personal information or details will be collected. No email addresses, names, page impressions etc

OUT OF STOCK ITEMS

Despite our best intentions, sometimes the website will enable you to order a product that is out of stock. When this occurs, we will contact you to see if you would like us to place an order with the supplier, or try to find a substitute item for you. If we cannot find a solution for you, we will happily organise a refund. We can not place orders for clearance and discontinued items.

TERMS AND CONDITIONS FOR PHOTOGRAPHY VOUCHER

$250 total spend in one single transaction is require to be eligible for this offer. Only 1 voucher can be redeemed per transaction. Only one voucher can be presented at each photographic session. Voucher is not redeemable for cash.

Limit of one voucher per family per 12 month period from date of purchase. Additional vouchers can be transferred to family & friends. Voucher must be presented at the Selected AIPP Accredited Photo Studio to redeem the offer.

Voucher includes a Studio Portrait Session PLUS 1 FREE 20cm X 25cm portrait print valued at $150 valued. Additional prints may be printed at customer’s expense. Lost Vouchers cannot be replaced.

Babies Galore takes no responsibility for the Photographic Offer and Free Portrait Sessions provided by Selected Members of the Australian Institute of Professional Photography. Not valid with any other studio offers.

GIFT WRAPPING

Gift wrapping is available for all small items for a flat fee of $5.00. If you wish to purchase a larger item please contact us for a quote on gift wrapping. Please note that we are unable to gift wrap large items such as prams, car seats, some gyms and rockers. Gift wrapping does not attract a % off during sales. Gift wrapping charges cannot be added to your points total for any loyalty club memberships.

LOYALTY PROGRAMS

STEP AHEAD CLUB CARD:

These Terms and Conditions form the basis of the Step Ahead Club program

1. Membership

1.1 Only individuals may be members of the Step Ahead Club. Membership is free.

A person who wishes to become a member can join in the ways provided by the Step Ahead Club which is via the online website or in store, and will be bound by these Terms and Conditions, as varied from time to time. These Terms and Conditions will apply to all Step Ahead Club offers.

1.2 A member will be bound by the Terms and Conditions upon acceptance to join the Step Ahead Club and on acceptance to join the club allows for Babies Galore to communicate with you via email, mail, phone or SMS.

1.3 A member must notify Babies Galore immediately of any change of address or of a lost or stolen membership card. Babies Galore is not liable for any delay in replacing a membership card or for any unauthorised use of a membership card.

1.4 Specific pre-set dollar thresholds have to be achieved in order to receive a Gift Voucher Reward for that specific threshold. Gift Voucher Rewards are issued at increments of every $500 spent. For the first $500 spent, a customer will receive $30 reward and then for every subsequent $500 that is spent, a customer will receive a voucher of increasing value to a maximum of $75 per each $500 spent. From $5000 onwards the maximum Gift Voucher reward will be $75 per every $500 spent thereafter.

1.5 Babies Galore may terminate a membership in the Step Ahead Club without notice for any reason including, without limitation:

· fails to comply with these membership Terms and Conditions;

· abuses any rewards

· supplies any misleading information or does not use his or her membership for a period of 24 months

1.6 A member may terminate his or her membership in the Step Ahead Club at any time by giving written notice to Babies Galore or by unsubscribing and any remaining spend of the member's card will be cancelled.

1.7 Step Ahead Club cards and are not transferable, and remain the property of Babies Galore

2. Receiving Gift Vouchers as rewards

2.1 For the Step Ahead Club Card the following thresholds need to be met in order to receive the gift voucher reward. This program works on $500 thresholds and is incremental – so when you reach the first $500 you receive a $30 voucher, then, when you spend your next $500 (so $1000 in total) you receive a $35 gift voucher. For example if you come in and spends $2000 at once – you would receive all 4 thresholds ie. $30 ($500 spend)+ $35 ($1000 spend) +$40 ($1500 spend) + $45 ($2000 spend)= $150 . So you would receive 1x $150 voucher.

*Total Spend Threshold*	*Gift Voucher Reward*	*Cumulative Gift Voucher Reward*
*$500*	*$30.00*	*$30.00*
*$1,000*	*$35.00*	*$65.00*
*$1,500*	*$40.00*	*$105.00*
*$2,000*	*$45.00*	*$150.00*
*$2,500*	*$50.00*	*$200.00*
*$3,000*	*$55.00*	*$255.00*
*$3,500*	*$60.00*	*$315.00*
*$4,000*	*$65.00*	*$380.00*
*$4,500*	*$70.00*	*$450.00*
*$5,000 +*	*$75.00*	*$525.00*

2.2 In order to have the sale added to your Step Ahead Club Card, a member must notify the sales advisor before the purchase has concluded. Sales that are not advised of prior to the sale, cannot be added once the sale is complete.

2.3 Amount spent on a Step Ahead Club Card and the rights they confer cannot be sold, transferred, assigned or otherwise dealt with except in accordance with these Terms and Conditions

2.4 Vouchers are given based on dollar thresholds reached. If for any reason, you request a refund (via cash or EFT) for any dollar amount that reduces your threshold spend and therefore you do not meet the set thresholds amount – you are no longer entitled to the voucher reward. This voucher reward will need to be returned to the store un-used.

2.5 Purchases made on price match items, sale items, clearance items and Huggies nappies do not contribute to gift voucher rewards.

3. Claiming an award

3.1 A member who has accumulated sufficient threshold spend in his or her membership account may request an Gift Card Award at the time of the purchase. The Gift Card can only be used on your next purchase.

3.2 Babies Galore is not responsible for any lost Gift Card Awards and cannot be replaced if lost

3.3 Gift Card Rewards expire 12 months after issue.

4. General

4.1 Babies Galore reserves the right to make any changes at any time without prior notice and at Babies Galore absolute discretion

By joining the Step Ahead Club you are authorising Babies Galore to communicate with you via email, mail, phone or SMS.
At anytime that you would like to stop receiving communications, you may choose to unsubscribe via www.babiesgalore.com.au

FREQUENT SHOPPER CARD:

For every $550 spent on eligible purchases, receive a $33 gift voucher. Not to be used in conjunction with any other program (e.g. Step Ahead Club) and only available for eligible purchases. An eligible purchase is any purchase where the customer has paid either full price or received a discount of less than 5%. Huggies Nappies cannot be added to the card and do not count toward the required reward amount.

In order to have the sale added to your Frequent Shopper, you must notify the sales advisor before the purchase has concluded. Sales that are not advised of prior to the sale, cannot be added once the sale is complete.

Claiming an award

A member who has accumulated sufficient threshold spend in his or her membership account may request an Gift Card Award at the time of the purchase. The Gift Card can only be used on your next purchase. Babies Galore is not responsible for any lost Gift Card Awards and gift cards cannot be replaced if lost. Gift Cards are only valid for 12 months after issue.

General

Babies Galore reserves the right to make any changes at any time without prior notice and at Babies Galore absolute discretion'

RETURNS POLICY

Types of Returns

1) Change of mind returns

2) Faulty or not fit for use returns

3) Warranty Returns

Change of Mind Returns

If you wish to return a product because you have changed your mind, Babies Galore may offer you an exchange or gift card to the value of the purchase providing that the following terms are met:

1) You must have the original receipt for the purchases and the item must be returned within 30 days of purchase. No change of mind returns will be accepted without the original receipt

2) The item is in original and resaleable condition containing all accessories, instruction manuals and packaging

Faulty, non merchantable quality or misrepresented product returns

Babies Galore will provide a refund, exchange or gift card to the value of the purchase if a product (excludes goods under Manufacturers warranty):

1) Is or becomes faulty through no fault of your own (excludes where evidence of damage, misuse or abuse or where covered by manufacturers warranty)

2) Is not fit for its intended purpose

3) Does not match our descriptions or in store display models

4) The product has defects that were not obvious or we did not bring to your attention (excludes clearance and marked down stock)

In any case you will be required to produce your receipt of purchase. If you cannot provide receipt of purchase Babies Galore may not offer you a refund, exchange or gift card to the value of the product.

In the case of Products with a manufacturer’s warranty, Babies Galore will return the product to the supplier or manufacturer (or their repair agent) in order to determine the fault. If the product is deemed faulty, not of merchantable quality, or not fit for purpose, Babies Galore will offer a refund, exchange, or gift card to the value of the purchase. If the product is faulty, Babies Galore reserves the right to replace or repair the product. If the product is deemed non faulty, misused or abused, Babies Galore will not provide a refund.

Extra points to note with regards to returns:

1) Babies Galore reserves the right to assess the age and condition of each product returned prior to offering a refund, exchange or gift card to the value of the purchase. A refund will not be given if :

a. A valid receipt is not presented

b. The product has been misused or mistreated

c. The product has been reasonably used and is outside any warranty periods

d. The product is not complete and accessories, instruction manuals and/or original packaging are not returned at the same time.

e. Refunds will not be given for gift cards. Gift cards are not redeemable for cash.
2) When a refund is granted and a valid receipt of purchase is presented, Babies Galore will refund or offer a gift card (or exchange) to the amount that the item was originally purchased for. If a receipt cannot be produced and a return is granted, Babies Galore will not refund, but may offer a gift card (or exchange) for the amount that the product is listed in the system on the day of return.

3) Babies Galore will not accept bank or credit card statements as a valid proof of purchase.

4) Unfortunately, Babies Galore cannot reproduce or provide copies of receipts if they have been lost or misplaced.

LAYBY

Layby facilities are available at any Babies Galore store. Layby facilities are NOT available online.
Layby term is the latter of 6 weeks or 14 days after we have received all of the items you placed on layby into stock.
A minimum 20% deposit is required to set your layby up.
Full payment is required within 6 weeks unless alternative arrangements have been made with the Store Manager of the store where your layby was set up.
If you cancel your layby you forfeit 20% of your initial deposit.
Once your layby term has concluded you may be contacted regarding collection of the goods. If you have not finalised your layby within 14 days of being contacted your layby may be cancelled and your full 20% deposit will be forfeited as a cancellation fee.
Layby cannot be split.
You must contact us at least 24 hours prior to collecting your layby as not all layby items are kept on site.

SALE PROMOTIONS TERMS & CONDITIONS

$1000 SHOPPING SPREE:

Entry is open to all residents of Australia except for employees of Babies Galore and associated sponsors and related companies. The total prize value is $5000, and is comprised of five $1000 (one thousand dollar) Babies Galore shopping sprees. Spend over $100 in store in one transaction and you are eligible to enter. Complete the form and include your full name, email, and phone number to be eligible to win. The competition opens on the 15th September 2010 and closes on Sunday 3rd October 2010. Prizes will be drawn on Tuesday 5th October 2010 at 2pm and winners will be notified by email on Wednesday 6th October 2010. Five times $1000 Babies Galore gift vouchers will be awarded to five separate winners, three in NSW and two in QLD. Prizes are not transferable or exchangeable and cannot be taken for cash. Collection of prizes is the responsibility of the winners. Prize must be claimed within 3 months of draw. If not, competition will be redrawn. Competition will be drawn at Babies Galore head office, level 1, unit 1-3, 78-96 Pyrmont Bridge Road, Camperdown NSW 2050. Winner’s details will be published on the Babies Galore website at 10am Wednesday 6^th October. The competition redraw will take place at Babies Galore head office, level 1, unit 1-3, 78-96 Pyrmont Bridge Road, Camperdown NSW 2050, on Tuesday 11^th January at 10am. All information becomes the property of Babies Galore and can be used for future marketing purposes, including email marketing.

All participants and winners indemnify the Organiser, its advertising agencies, advisors, suppliers, and nominated agents against any and all claims, damages and loss howsoever arising, including but not limited to willful misconduct or negligent act or omission arising from their participation in this competition. In the event of any dispute whatsoever, the decision of the judges is final and no correspondence will be entered into. NSW permit number LTPS-10-08828.

Winners’ of the Babies Galore Shopping Spree Competition are:

A. Gregory, Rockhampton QLD

A. Hardie, Morayfield QLD

J. Lavender, Taren Point NSW

S. Moloney, Randwick NSW

C. Eggins, Warners Bay NSW

FATHER'S DAY COMPETITION:

Entry is open to all residents of Australia except for employees of Babies Galore and associated sponsors and related companies. The total prize value is $1900 for the Rugby League Four Nations 2010, and is comprised of 16 tickets for the Australia vs Papua New Guinea game on Sunday 24^th October at Parramatta Stadium, Parramatta (2 tickets per each NSW store) worth $55 each, and 12 tickets for the Grand Final game on Saturday 13^th November at Suncorp Stadium, Brisbane (2 tickets per each QLD store) worth $85 each. You may enter once only. Complete the form and tell us your funniest parenting moment. You must include your full name, address, email, phone number and funniest parenting moment to be eligible to win. The competition opens on 5^th August 2010 and closes on Sunday 5^th September 2010. Winners will be notified by email on Tuesday 7^th September 2010. Prizes will be awarded on the basis of skill – the funniest stories will win. Chance plays no part in determining the winners. Prizes are not transferable or exchangeable and cannot be taken as cash. Babies Galore will not be responsible for transportation to and from the games or any related expenses. Should any prizes remain unclaimed by Sunday 26^th September, winner/s will be redrawn and contacted by email on Wednesday 29^th September. Any unclaimed prizes as of Saturday 23^rd of October will be forfeited. All information becomes the property of Babies Galore and can be used for future marketing purposes, including email marketing. All participants and winners indemnify the Organiser, its advertising agencies, advisors, suppliers, and nominated agents against any and all claims, damages and loss howsoever arising, including but not limited to wilful misconduct or negligent act or omission arising from their participation in this competition. In the event of any dispute whatsoever, the decision of the judges is final and no correspondence will be entered into.

TAREN POINT WAREHOUSE SALE:

Up to 75% off the original recommended retail price. Sale offers are valid until Sunday 6^th March 2011 and only while stocks last. Sale applies to Taren Point Store only. No laybys, no holds, no orders - due to limited stock being available. Not to be used in conjunction with any other offer, discount coupon, or money off voucher. No loyalty points accrued on sale items. Sale may be extended at management’s discretion and larger discounts may be applied without any further notice. Every effort is made to make products available during the sale period, but factors outside our control can sometimes prevent this.

WEBSITE SPECIALS:

Offers only available online at www.babiesgalore.com.au. Offers not available in store. Only while stocks last.

Everyday Low Prices: Available on a selected range of Safe-n-Sound car seats. Offers available online and instore.

HOME & TRAVEL SALE:

Offers available from the 3^rd March until 17^th March 2011, on selected Mothercare branded products only. While Stocks Last.

MASSIVE ELC TOY SALE:

Offers available from 24th March until 26th April 2011 on selected ELC branded products only. Not to be used in conjunction with any other offer, discount card or money off voucher. Styles, colours and product availablity may vary by store. While Stocks Last.