Terms and Conditions.

TERMS AND CONDITIONS

1. Application of Terms

(a) These terms and conditions govern the agreement between you and Hatchling Store (ABN 18 316 207 614) and supersede any previous representations and communications.

(b) Your purchase or hire of goods from us or through hatchlingstore.com.au (Website) is subject to these terms and conditions (Terms).

2. Your Account

(a) You must provide accurate and complete information about yourself when requested by a relevant form on this website.

(b) You are responsible for maintaining the confidentiality and security of your account, password and computer. All activity made under your account is your responsibility.

(d) You agree to indemnify Hatchling Store from any loss or damage to Hatchling Store arising from your use of the Website, any breach by you of these terms and conditions of use, or a claim that your use of this website infringes any intellectual property rights of any third party or is defamatory.

Purchase of goods

3. Title and risk

Title and risk in the goods purchased, such as loss and damage, passes to you on delivery of the goods to the delivery address provided by you at the time of your order.

4. Accuracy of information

We attempt to be as accurate as possible when describing our products and services, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, information or other are accurate, complete, reliable, current or error-free.

5. Substitution policy

Images found on this site are used as guides and occasionally an item may need to be substituted for similar product of same or greater value. Products may vary slightly due to regional and seasonal availability. We reserve the right to make fair and reasonable substitutions according to the practical availability of goods.

Hire of an Elle TENS+

6. General

(a) The Elle TENS+ remains the property of us at all times but is supplied exclusively to you for your use and benefit.

(b) The Elle TENS+ may not be leased, licensed, transferred, encumbered or otherwise provided by you to any third party for any reason.

7. Safety

(a) We supply the Elle TENS+ with instructions on the safe and proper operation of the Elle TENS+. You must not use the Elle TENS+ before reading the safety guidelines provided by us.

(b) We shall not be held responsible or liable for any injury or damage sustained as a result of misusing the Elle TENS+.

8. Maintenance of Elle TENS+ and cost of repair

(a) You must maintain the state and condition of the Elle TENS+ and ensure that it remains in a safe environment, serviceable and clean condition.

(b) Any breakdown or any unsatisfactory working of the Elle TENS+ must be immediately notified to us. Do not repair or attempt to repair the Elle TENS+ unless you obtain our prior written consent.

(d) Unless otherwise required by the Australian Consumer Law, any cost of repairing the Elle TENS+ as a result of your misuse will be accepted by you.

9. Hire period and return

(a) The hire period is for 6 or 8 weeks as selected by you (Hire Period). The Elle TENS+ will be sent out to arrive on or prior to your selected hire start date and must be posted back by the END hire date (unless otherwise agreed in writing) in the same condition it was received.

(b) You are responsible for the accuracy of information provided to us with respect to your due date and acknowledge that we rely on that information without verifying it in any way except to the extent we have expressly agreed to do.

(d) You are not required to return the electrode pads.

10. Indemnity

You will be liable for the costs of repair or replacement (at our discretion) if the Elle TENS+ is:

(i) damaged, lost, stolen or misplaced during the Hire Period or while in your possession or custody; or

(ii) otherwise not returned to us within 2 weeks after the Hire Period.

General conditions

11. Placing of orders

(a) In certain circumstances, we may need to reject your order, including but not limited to where the requested product is not available or if there is an error in the price or the product description posted on the Website.

(b) If we reject an order placed through the Website, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

(c) Each order placed for products through the Website that we accept results in a separate binding agreement between you and us for the supply of those products.

(d) In certain circumstances, we may need to cancel your order after it has been processed and provide you with a full refund. This includes (but is not limited to) where we suspect the transaction has been made without the authority of the credit card holder.

12. Delivery and costs

(a) We will use reasonable endeavours to meet delivery dates quoted. Any delivery dates quoted are only best estimates.

(b) We will not be liable for any loss or damage arising from late or non-delivery. Delayed delivery of goods does not constitute grounds for cancellation of your order or termination of this contract.

(c) In addition to the price for the goods, you may also need to pay a delivery charge, which where you purchase through the Website will appear in your cart. By placing an order with us, you agree to pay the price for the goods and any delivery charge.

13. Cancellations

(a) You may cancel your order or booking where we have breached a material term of these Terms.

(b) In all other circumstances, we may accept cancellation for your order or booking at our absolute and sole discretion provided you contact us by email as soon as possible and your order or booking has not yet been processed. We reserve the right to refuse or cancel an order or booking if stock is unavailable.

14. Returns & Refunds

(a) We are unable to accept change of mind returns. This means, we will not provide a refund or exchange where you have changed your mind about the products you have purchased or hired from Hatchling Store.

(b) We are unable to refund your order even if you have not used the TENS machine, or were unable to. Birth is unpredictable in nature and therefore we can not accomodate refunds when circumstances change.

(c)Unfortunately items are occasionally damaged in transit. If an item arrives and the packaging or the item itself is clearly and significantly damaged, please contact us within 30 days (but ideally sooner) to organise a refund or replacement. If we require you to return the product to us, we will pay the cost of the return. Very occasionally we may accidentally ship the wrong item to you. If you have received an incorrect item, please contact us within 30 days (but ideally sooner) to organise for the correct item to be sent to you.

15. Warranties by Hatchling Store

(a) Unless otherwise specified in writing in these Terms, we warrant the goods will be free of defect in workmanship and materials and will meet the specifications.

(b) In the event of a defect of any goods or failure to meet the specifications we will, at our discretion:

(i) repair or replace defective goods; or

(ii) refund the price for defective goods.

(d) We warrant that the Elle TENS+ will be professionally cleaned and sterilised in accordance with the recommendations of Elle TENS Australia and the Australian health and COVID-19 guidelines.

16. Acknowledgement of risk

(a) You acknowledge that the use of the goods purchased from us and the Elle TENS+ hired and its associated equipment may pose potential risks.

(b) You will have discussed the use of the goods purchased from us Elle TENS+ hired and its associated equipment with the medical practitioner in charge of your obstetric care and will have received the practitioner’s approval.

17. Intellectual Property

(a) All material on site and that subsisting under it (including but not limited to text, images, data and software) is our property, or that of our suppliers, and is protected by intellectual property laws.

(b) You may not use our trade marks in connection with any product or service that is not our, in any manner that is likely to cause confusion, or in any way that disparages or discredits us.

18. Warranties

(a) Except as expressly set out in these Terms, and subject to any terms, warranties or conditions that by law may not be excluded (including those under the Australian Consumer Law), all conditions, warranties, terms, and obligations expressed or implied by law or otherwise relating to our performance obligations under these Terms, or any goods or services supplied, or to be supplied, by us under these Terms, are excluded.

(b) Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights under the Australian Consumer Law and other Australian laws which cannot be modified or excluded.

19. Limitation of liability

(a) You agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question.

(b) Subject to the Australian Consumer Law, we shall not be liable for any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website, products or services or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

20. Privacy

Any personal information collected by us will be used, disclosed, and stored in accordance with the Privacy Act 1988 (Cth).

21. Discounts

Discount codes cannot be combined or used with an automatically applied discount at checkout. One discount per order is permitted.

22. Applicable law

These Terms are governed by the laws of Victoria.