Our Trading Terms

Welcome to Hip Bambini's Terms & Conditions of service. These terms exist to cover the following:

• The supply of products to you by Hip Bambini. These are the terms and conditions on which we supply products to you.
• Terms applicable to orders placed by you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
• Information about us and how to contact us. If you have any queries regarding our terms of service, please contact us directly at hello@hipbambini.com.au and read the information provided below.

Who we are

We are trading as Hip Bambini, a company operating in Australia and New Zealand. We are registered in Australia with ABN and have our registered office at Edithvale, Melbourne 3196. These terms set out how we may contact you upon using our services or accessing our website.

• Telephone or writing. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
• "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

1. Our contract with you
   • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
   • If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
   • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
2. Our products
   • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
   • Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
3. Our rights to make changes
   • Minor changes to the products. We may change the product:
     • to reflect changes in relevant laws and regulatory requirements; and
     • to implement minor technical adjustments and improvements, for example to address a security threat.
   • We may make more significant changes to the products and these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
4. Providing the products
   • Delivery costs: The costs of delivery will be as displayed to you on our website.
   • Pre-orders: Some products may be available to pre-order. Payment will be taken at the time of pre-order so our in-demand product is reserved for you. The estimated delivery date will be displayed on the pre-order product page.
     
     

Orders and the Ordering Process

During the order process we will let you know when we will provide the products to you (usually within 2-3 days from placing your order). Payment will be taken at the time you place your order. We will deliver your order as soon as reasonably possible and in any event within 30 days after the day on which we accept your order and will endeavour to let you know about delays..

• We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
• If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, a postal worker will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
• If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
• When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
• What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

1. Your rights to end the contract
   • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
   • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
     • we have told you about an upcoming significant change to the product or these terms which you do not agree to (see clause 2);
     • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
     • there is a risk that supply of the products may be significantly delayed (including if pre-orders are significantly delayed) because of events outside our control;
     • we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
     • you have a legal right to end the contract because of something we have done wrong).

How long do I have to change my mind?

You have 30 days after the day you (or someone you nominate) receives the goods.

1. How to cancel or return your order
   • Tell us you want to cancel or return your order. To end the contract with us, please let us know by emailing hello@hipbambini.com.au
   • Returning products. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Haul and Store, Unit 17, Admiralty Way, Camberley, Surrey, GU15 3DT or arrange for us to collect them. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
   • When we will pay the costs of return. We will pay the costs of return:
     • if the products are faulty or misdescribed;
     • if you are ending the contract because we have told you of an upcoming significant change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
     • In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
   • How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
   • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
     • We may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
     • We may also reduce your refund minus the arranged collection cost and/or the maximum refund for delivery costs (if so entitled) will be the cost of delivery by the least expensive delivery method we offer. 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.
   • When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
     • If the products are goods and we have not offered to collect them, your refund will be made within 14 days from 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. For information about how to return a product to us, see clause 8.2.
     • In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

1. Our rights to end the contract
   • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
     • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
     • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
   • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
2. If there is a problem with the product
   • How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at hello@hipbambini.com.au.
   • Summary of your legal rights. We are under a legal duty to supply products that are as described, fit for purpose and of satisfactory quality (as per the Consumer Rights Act 2015). Up to 30 days after you receive your goods, if they are faulty, you can get a refund. If up to six months you find your goods to be faulty and your goods cannot be repaired or replaced, you are entitled to a refund in most cases.
   • Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us. We will pay the costs of postage in this instance. Please email us at hello@hipbambini.com.au to organise this.
3. Price and payment
   • Where to find the price for the product. The price of the product (which includes GST) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
   • We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the product, we will adjust the rate of GST that you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.
   • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
   • When you must pay and how you must pay. We accept payment by debit and credit cards via Stripe. When you must pay depends on what product you are buying:
     • For goods, you must pay for the products before we dispatch them. Credit or debit cards will be charged at the point the order/pre-order is made.
4. Our responsibility for loss or damage suffered by you
   • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill[, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
   • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill.
   • We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5. How we may use your personal information
   • How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
6. Other important terms
   • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
   • You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
   • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, unless we expressly agree otherwise.
   • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
   • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
   • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Australian law and you can bring legal proceedings in respect of the products in the Victorian courts in Australia.