Online Shopping Terms and Conditions

Britax Childcare Pty Ltd 

These terms apply to the ordering and purchase of Goods from the Website and through our Customer Service Centre, and form a contract between you and Britax Childcare Pty Ltd ABN 55 006 773 600 (Terms).  
These Terms contain important information about the ordering of Goods, including limitation of our liability.  These Terms should be read in conjunction with
a.    Online Shopping Terms and Conditions;
b.    Website Terms;
c.    Privacy Policy; and 
d.    any other terms and conditions that appear in or are linked to or from the Website (including if applicable, Gift Card Terms).

Different terms apply to the purchase of Britax Gift Cards.  

1. Compliance with Terms
1.1 By using the Website in any manner, you agree and accept the Terms.  If you have an account, you agree that these Terms (as amended in accordance with these Terms) will apply to your use of the account and all of your Orders. You will be bound by these Terms each time you submit an Order.
1.2 Britax reserves the right to amend, remove or vary the Terms and/or any page of this Website without notice.   If you have an account and we make a materially adverse change to these Terms that affects you, as reasonably determined by us, we will provide advance notice to you.   Any variations to these Terms will take effect from posting on the Website unless notified otherwise. The Terms which apply at the time you place an Order are those that govern that Order. Each time you use the Website, you should review and be aware of the current Terms.
2. Placing Orders for Goods
2.1 By placing an Order on the Website, you are making an offer to enter into an agreement to purchase the Good(s) in that Order. Orders will be deemed received by us at the time we send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order.
2.2 Each Order you place will be a separate contract. Each Good in your Order is sold by Britax.
2.3 A tax invoice will be issued at the time the Goods are ready for dispatch. 
2.4 You acknowledge and warrant that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
2.5 From time to time, we may, in our reasonable discretion, restrict the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, in materials about the relevant promotion, or as otherwise advised to you.
Without limiting the above, nine (9) car seats, strollers or accessories of the same kind may be purchased in one Order or per person, unless otherwise stated.
2.6 We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Goods, due to inaccurate or incomplete details provided by you in an Order.
2.7 You agree to obtain consent to provide us with Personal Information of recipients of Goods Ordered by you.
2.8 You may place an Order on the Website if you are aged 16 years or over (18 years if purchasing using Afterpay), and have an active email account or a telephone number at which you can be contacted.
2.9  We cannot consolidate consecutive or separate Orders. A separate Delivery Fee, if applicable, will apply to each Order.  
2.10 We reserve the right to accept or reject your Order for any reason at any time within our reasonable discretion. If we reject your Order you will receive a refund of any money paid.
2.11 Your Order becomes a sale when your Order is dispatched and we have issued you a Tax Invoice.
3. Availability of Goods
3.1 From time to time, some Goods may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. In such cases, we will fulfill the available Goods, and you will be contacted to determine whether you prefer to await restocking of the backordered item or opt for a refund.  Please contact our Customer Service Centre if we are unable to fulfill part of your Order and you would like to cancel the remainder of your Order. 
3.2 We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time and without notice, without liability to you or any third party.  
3.3 Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us in accordance with clause 4.7.
3.4 Britax reserves the right to temporarily withdraw any Good subject to any incorrect pricing offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, in accordance with clause 4.7, and we will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
3.5 You acknowledge and agree that:
a. any accessory featured with the Goods may be for illustrative purposes only and may be sold separately, as indicated on the product page; and
b. where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and we recommend accounting for minor sizing variances.  
4. Price and payment
4.1 When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
4.2 All Prices, fees and charges (including Delivery Fees) are in Australian Dollars and, if GST applies, inclusive of GST. 
4.3 We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).
4.4 Payment methods are specified on the Website or explained by the consultant at the time you place your Order. They may include Britax Gift card, Credit Card, or Apple Pay. Other methods of payment are not available. Cheques cannot be used as a payment method for any purchase from the Website, including for the payment of Orders. If you pay using Apple Pay, the Apply Pay prevailing terms and conditions apply.  Payment methods may be subject to change.  Overseas credit cards will not be accepted.
4.5 Any payment for an Order must be cleared by Britax before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
4.6 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
4.7 All refunds processed will be refunded to your original method of payment.  If any item purchased with a gift card is returned for a refund, the refund amount will be automatically credited to the original gift card.  If the purchase was made by a combination of Gift Cards and credit card then refunds will be processed on the same card as the original payment was made first, and the return card for the remaining amount will be emailed to the email address entered at the time you placed your Order.
5. Ordering and delivery 
5.1 Lay-by is not available for Orders.
5.2 Prior to placing your Order, please read the product information page to determine if assembly is required. Unpacking, assembly and installation fees do not form part of your Delivery Fee.
5.3 Click here for our Shipping and Return Terms. 
6. Order cancellations and returns
6.1 No changes or cancellations can be made once an Order has been placed and an Order Confirmation has been sent by Britax.  You should carefully check that your Order is accurate before you submit it.  You will, however, be able to return Goods under the Returns Policy if the requirements are met. 
6.2 If we need to contact you about your Order using the contact details you provided in the Order and cannot do so, then after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
6.3 Any Goods you purchase can only be returned in accordance with the Returns Policy, subject to your rights under the Australian Consumer Law. The Returns Policy forms a part of these Terms.
7. Product Recalls
7.1 If a Good is subject to a product recall, a notice will be posted in the Safety Notice section of the Website or another method of communication if required by Law. You can return recalled Goods as instructed in the Safety Notice Provided.
7.2 You consent to us contacting you or the gift recipient, using the personal information provided in your Order, to notify you of a product recall by telephone, email, SMS, MMS or post.
8. Promotions and discounts
8.1 You may receive online offers and promotions via email.  Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. The Code may be specific to only certain orders or Goods on the Website. Any Code is non-transferable, cannot be posted on any forum or website and may not be used with other offers.
8.2 Certain offers, including cashback and bonus redemptions are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to cashback and bonus offer redemptions. Redemption of cashback or bonus offers may require you to send a form to the supplier, and may exclude postage and handling costs and any other costs incurred as a result of redeeming the offer.
8.3 All references to times in promotions are based on the local time in Melbourne, Australia unless stated otherwise.
9. Privacy
9.1 Personal Information, which you provide to us during the Order or through the Customer Service Centre including contact details, will be kept, used and disclosed by us in accordance with Britax’s Privacy Policy for the purpose of processing and delivering your Order and as otherwise contemplated by our Privacy Policy or permitted by applicable Laws. See Britax’s Privacy Policy for further information on how to access or update your Personal Information. You must not provide any Personal Information of another individual to us unless you first make them aware of these Terms and our Privacy Policy and have their consent to provide such Personal Information to us for these purposes.    
9.2 We may also collect (even if you do not register to the Website) other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
9.3 Unless otherwise indicated in your account settings or at the time you placed your Order, Britax may send you marketing information.
9.4 If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account. 
9.5 Britax reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, your Order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your Order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.
10. Risk & Liability
10.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to you by the Delivery Agent.
10.2 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 
10.3 We may provide an additional warranty in addition to your Consumer Law rights and remedies. Any additional warranties that we provide, give you benefits in addition to the Australian Consumer Law rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the Good you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
10.4 We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. However, nothing in these Terms is intended to: (i); exclude, restrict or modify any non-excludable right or remedy you have under Law, including the Australian Consumer Law; or (ii) limit or exclude our liability to you for losses, to the extent that such loss is caused by our gross negligence, fraud, criminal conduct or wilful misconduct.
10.5 Subject to clause 10.4, you represent and warrant to us that we will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
10.6 Subject to clause 10.4, our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
11. Cancellation and Termination
11.1  We may refuse to accept or process payment on any Order, cancel any Order in whole or part, or terminate or suspend your access to the Website, if in our reasonable opinion you have:
a.    violated Britax policies or these Terms;
b.    engaged in:
         i.           fraudulent or suspected fraudulent activity;
         ii.          unlawful or suspected unlawful activity; or
         iii.        deceptive or improper conduct.
11.2  We may refund any money received from you for Orders cancelled by us.
12. General
12.1 Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
12.2 Our failure or delay to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and Our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.
12.3 The Laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Port Melbourne, Victoria.
13. Definitions
The following definitions apply to these Terms.
Britax means Britax Childcare Pty Ltd (ABN 55 006 773 600).
Delivery Agent means a third party delivery or shipping company engaged by us to deliver Goods.
Delivery Fee means the applicable fee for the delivery of Goods as set out in the Shipping and Return Terms, or otherwise displayed before you place your Order. 
Gift Card means a preloaded Britax Gift Card through which you or a recipient may make non-cash payments for Orders.
Goods means the items offered for sale on the Website and through our Customer Service Centre.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute (including the Australian Consumer Law), regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Britax under these Terms.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website or provided by a Customer Service Centre representative.
Privacy Policy means the Britax Privacy Policy here. 
Returns Policy means the Britax Returns Policy set out in our Shipping and Return Terms here.
Shipping and Return Terms means the terms governing delivery and return of the Goods. View the Shipping and Return Terms here.
Website means the sites available from britax.com.au.
Website Terms means the terms governing your use of the Website, in addition to these Terms. View the Website Terms here.