Terms and Conditions

Terms and Conditions of Sale

By purchasing products from Birth Goddess (“BG”) or using this website the purchaser (“The Customer”), agrees to the following terms and conditions of sale.

1. Consumer Guarantees Act 1993: Where the provisions of the Consumer Guarantees Act 1993 apply, these terms will be read subject to the application of that Act, and in the case of any conflict, the provisions of that Act will apply.
2. Business Customers: The Consumer Guarantees Act 1993 does not apply to business customers (where “business” is as defined by the Act). Business customers agree that where products are purchased for the purpose of a business that the Act does not apply.
3. Limitation of Liability: The Customer shall indemnify BG against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered. BG shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if BG has been advised of their possibility. In no case shall the maximum liability exceed the cost of the original order.
4. Addressing: If a product is found to be mis-addressed by BG then BG shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then BG will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.
5. Incorrect Bank Account Number: BG gives the customer the choice to pay for products through bank transfer. If the Customer credits money to the incorrect bank account number, and the correct number was provided to the Customer by BG, then BG will not accept any responsibility for correcting payment and the goods will not be dispatched.
6. Mailing Cash: BG does not recommend that cash be mailed for payment of products. If the Customer does mail cash, BG accepts no responsibility for the theft, loss or otherwise non-delivery of mailed cash.
7. Cancelling Orders: BG reserves the right to cancel orders that we believe to be fraudulent or constitute a mis-use or a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing.
8. GST: All prices are GST inclusive unless otherwise stated.
9. Site Access: BG hereby grants you permission to access, view and download the content appearing on this site, for personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the expressed written permission of BG, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
10. Copyright & Trademarks: You agree that the content you access, view or download and the software used to create it, remains the property of BG as defined by Australian and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter the content in any way, or make it available to any third parties.
11. Stock Availability: In order to provide the most appropriate range of products, you understand that BG does not stock all products listed on this site in a single warehouse. Product availability information is provided by a number of third-party suppliers. BG works with these third-parties to ensure this information is as accurate as possible however some errors and omissions are expected. Goods delivered may differ to the product images presented on this site.
12. Cash Rewards: Cash Rewards can only be used as discounts on future orders and cannot be converted into a cash payment from BG to the Customer or be used to purchase gift vouchers.
13. Gift Voucher Expiry: Gift vouchers are valid for one year from the time they are issued, after which the voucher expires. Any remaining credit is non-refundable.
14. Delivery Estimates: BG makes every effort practical to ensure that delivery timeframes given are accurate. However, the delivery times stated for products on this site assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforseen events.

By placing an order, you agree not to hold BG liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.

1. Communications: By creating an account with BG you consent to receive electronic communications from BG. These communications may include: account status updates, order status updates, promotional and marketing materials, and other information relating to the service. Your personal details will not be made available to any third party. For more information please see our Privacy Policy.
2. Notice of Copyright Infringement: BG respects the copyrights of others. If you feel that data is used in BG’s product catalogue in a manner that your copyright has been infringed upon, as pursuant to Part 2 of the Copyright Act 1994, please write to us at: PO Box 6055, Caulfield South VIC 3162Please include the following details:

• Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL)
• A statement that the complaining party believes what constitutes infringement under the Copyright Act 1994 has occured.
• A statement that you are the copyright holder or authorised to act on their behalf.
• Contact details including an email address where the complaining party may be contacted.

Disclaimer
BG would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.

The information on this website is provided for general information only. BG has provided this information for the benefit of users in good faith and with reasonable care. Errors and omissions in this information may occur including through negligence.

Accordingly, BG does not accept any liability for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this website.