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
(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
(b) You are responsible for maintaining the confidentiality
and security of your account, password and computer.
All activity made under your account is your
(c) Persons under the age of 18 may only use our website
only with involvement of a parent or guardian.
(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
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
Hire of an Elle TENS+
(a) The Elle TENS+ remains the property of us at all
times but is supplied exclusively to you for your use
(b) The Elle TENS+ may not be leased, licensed,
transferred, encumbered or otherwise provided by
you to any third party for any reason.
(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+.
(c) You agree to ensure that the Elle TENS+ is not
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.
(c) If requested by us, any Elle TENS+, which you claim
requires repairs, must be returned to the us for
(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 8 weeks (Hire Period). The Elle
TENS+ will be sent out to arrive on or prior to 4 weeks
before your due date and must be returned to us within
2 weeks after the Hire Period (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.
(c) An order to book a hire of an Elle TENS+ includes paid
(d) You are not required to return the electrode pads or
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
(ii) otherwise not returned to us within 2 weeks
after the Hire Period.
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
(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.
(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.
(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
(b) 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
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
(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.
(c) We do not warrant, guarantee or advise that the goods
will be fit or available for any particular purpose.
(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.
(c) All other trademarks not owned by us that appear on
this site are the property of their respective owners.
(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
(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.
Any personal information collected by us will be used,
disclosed, and stored in accordance with the Privacy
Act 1988 (Cth).
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.