TERMS AND CONDITIONS OF SERVICE
Small Babies and the website www.smallbabies.co.nz is 100% NZ owned and operated by Small Babies Limited, based in Auckland, New Zealand. Throughout the site, the terms “we”, “us” and “our” refer to Small Babies Limited. Small Babies offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing any part of our site and/or purchasing from us, you engage in our "Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the
current store shall also be subject to the Terms of Service. You can review the
most current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms of
Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those changes.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
GENERAL WEBSITE TERMS:
By agreeing to these Terms of Service, you
represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your state, province or country of
residence and you have given us your consent to allow any of your minor
dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any code of a destructive nature including viruses or malware. A breach or violation of our terms will result in an immediate termination of your services.
We are not responsible if the information available on this site is not accurate or current. Small Babies reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
Small Babies cannot guarantee that a Product will be available at all times. In the unlikely event that an item becomes out of stock we will refund payment for the item in full, or issue credit to be used against the purchase of a replacement product.
Small Babies have made every effort to display as accurately as possible the colours and images of products that appear at the store. We cannot guarantee that your computer monitor or device's display of any colour will be accurate.
We reserve the right to refuse service to any person at any time.
PRODUCT USE GUIDELINES:
Before use you must read the product packaging and enclosed information cards for any safety and product care instructions. Follow all instructions to ensure the products are used in a manner that is safe and beneficial to baby. The information on our site is provided for general use only, it should not be relied upon or used as the sole basis for making decisions. Consult your paediatrician or general practitioner for primary, more accurate information. Any reliance on the material on this site is at your own risk.
Octoprem, Cuddle Hearts and Cuski Miniboo: Please note some neonatal units may not allow these items to be placed inside an incubator. This is at the discretion of the medical team and Small Babies has no control over any restrictions that may currently be in place, or be applied in future. If you are unsure please check with nursing staff prior to purchase. We are happy to provide a copy of the relevant product information should you wish to pass this on to your baby's nursing team.
PRICING AND PAYMENT:
Pricing is in New Zealand Dollars (NZD). Orders will not be shipped until payment is received in full. Keepsake Premmie Dolls must be paid in full before work on the doll is commenced, due to the unique nature of this item.
PRODUCT RETURNS AND EXCHANGES:
Please read our FAQ section for all information on returning or exchanging an item. Small Babies reserves the right to reject any 'change of mind' return if it is not in resalable condition. At our sole discretion a 5% restocking fee may apply, which will be deducted from the total credit issued.
If your order is cancelled prior to shipping an administration and restocking fee of up to 10% will be deducted from any credit/refund issued. As we focus on fast service and delivery orders are often shipped within a few hours, so if you wish to cancel an order you must notify us by email as quickly as possible.
We cannot cancel an order once it has been packed and booked for pick up by the courier.
All items are sent via tracked courier, you can choose between Signature Required or Non-Signature service at the checkout. For Signature Required the courier company should obtain a signature at your address, or record proof of delivery by way of a photo or GPS location. If your product has been damaged in transit you must retain all items and packaging materials, and contact us within 24 hours of delivery so we can begin the claims process. Neither Small Babies or the carrier company are liable for any loss or damage to the parcel once it has been delivered.
Custom Printed Clothing is made to order, please allow approximately 10 working days for your garment to be shipped.
Keepsake Premmie Dolls are sent as a signature required, courier service for all international orders - we do not send through untracked post. As each doll is hand-made to order, there is a wait list for your doll to be made and shipped. Current wait times are stated on the doll's description page.
Orders are updated shortly after dispatch, with your tracking number sent to the email address you used when placing your order. If your parcel has not been received you must notify us by email within 5 days of the dispatch date, in order for us to start an investigation with the carrier company. After the 5 day timeframe has passed we are unable to issue you with a refund or provide replacement items.
Delivery times stated in our FAQ section are approximate, courier companies sometimes experience bad weather conditions or a high volume of parcels which can cause delays. If your parcel is required by a certain date we recommend you allow additional time for your parcel to be delivered. Small Babies Ltd takes no responsibility for any loss that may occur due to delivery delays.
Pricing is in New Zealand Dollars (NZD). If you do not hold a New Zealand bank account you are able to place your order using a valid credit card, processed securely via Stripe or Paypal which will exchange your currency at their market rate. All fees incurred in currency conversion are the responsibility of the purchaser.
All items are sent via tracked courier. We do not send international orders or Premmie Dolls via standard post or with an ATL (Authority to leave) under any circumstances.
International orders may attract import levies, taxes, fees or duties, charged at the destination country's port and payable to your country's authorised service provider. Small Babies is not responsible for, and will not reimburse the purchaser or recipient for any charges incurred.
ERRORS, INACCURACIES, OMISSIONS AND MODIFICATIONS:
Occasionally there may be information on www.smallbabies.co.nz that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Small Babies reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in this website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Small Babies undertakes no obligation to update, amend or clarify information on this or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on www.smallbabies.co.nz or on any related website, should be taken to indicate that all information has been modified or updated. You agree that it is your responsibility to monitor changes to our site.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
COOKIES AND MONITORING:
A cookie is a small text file stored on your device. Cookies provide us with information about how this website is used so we can keep it as up to date, relevant and error-free as possible.
- Strictly necessary cookies - These are cookies that are essential to the operation of our website.
- Analytical/performance cookie - These cookies allow us to recognise and count the number of visitors to our website.
- Functionality cookies - These cookies are used to recognise you when you return to our website and allow you to access a saved shopping cart.
- Targeting Cookies - These cookies record your visit to our website, the pages you have visited and the links you have followed.
We may also use Google Analytics reports to understand how you use our website so we can improve its design and functionality. Google Analytics is a service offered by Google which tracks and reports website traffic and performance, based on demographic characteristics and interests. Google uses the data collected to track and monitor the use of our Service and shares with other Google services. Further information on Google's privacy regulations can be found at https://policies.google.com/
We collect Personal Data from you, including your name, contact information, and billing or purchase information. Any Personal Data you submit will be used to provide the information, goods and services offered through our website to you, particularly for billing and order fulfilment. We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
Small Babies does not pass on or sell your personal information to third parties. You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at email@example.com
USER COMMENTS, REVIEWS, AND OTHER SUBMISSIONS:
If, at our request, you send submissions (for example product reviews), or without a request from us you send reviews, feedback, ideas, suggestions, proposals, plans, or other materials, whether online, by email, contact or submission forms, or otherwise (collectively 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are, and shall be, under no obligation to maintain any comments in confidence, or to pay compensation for any comments. We may monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory or objectionable, or in violation of our Terms and Conditions of Service.
You are solely responsible for any comments you make and their accuracy, and agree that your comments will not violate any right of any third-party, including copyright or trademark, privacy, or other personal or proprietary right. You also agree that your comments will not contain libellous or otherwise unlawful, offensive or threatening material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any comments. We take no responsibility and assume no liability for any comments posted by you or any third-party.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Small Babies, our directors, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product sent, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, and software, is the property of Small Babies Limited, or its content suppliers, and is protected by international copyright laws. It may not be reproduced or copied without permission. The compilation of all content on this site is the exclusive property of Small Babies Ltd, with copyright authorship for this collection by Small Babies Ltd, and protected by international copyright laws.