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    • BIRTH
    • POSTPARTUM

    • Terms of Service

      Introduction

      These are the terms and conditions of agreement for online trading between Berthi Pty Ltd   (ABN 24 664 575 384) ("Berthi", “we”, “us” or “our”)and the user of this website ("You/Your").

      This website is owned and operated by Berthi. 

      Your use of this Website and purchase of the Products is subject to these legally binding terms and conditions. Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.


      PLACING AN ORDER AND PAYMENT

      1.1 By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website, subject to any subsequent notification of price by Berthi to You in accordance with clause 1.5.

      1.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made bycredit card, Apple Pay or Google Pay. Berthi accepts all major credit cards. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause 

      1.3 All Purchase Orders placed through the Website are subject to confirmation and acceptance by Berthi. We will email you with confirmation of the receipt of Your Purchase Order, and then acceptance by Berthi will be upon Your receipt of the email confirming despatch of the Product in accordance with clause 3. Berthi may reject Your Purchase Order, and refund any payment made by You, at any time prior to Your receipt of this acceptance by Berthi

      1.4 The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). 

      1.5 Berthi may vary prices in the event of price changes or mistakes in its sole and absolute discretion on reasonable prior notice to You. If Berthi requests payment for increased prices, You may cancel the order by giving notice to Berthi, which must be received within seven days of the announcement of the increase.

      1.6 The secure credit card payment system is powered by Shopify Payment Systems. This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser (e.g. Netscape Navigator 3.0 or Internet Explorer Microsoft 3.0 and above). In Netscape you can determine whether encryption is active by looking at the little key in the lower left-hand corner of the Netscape window. A solid key indicates that the document is encrypted, while a broken key indicates that the document is not encrypted. In Microsoft Internet Explorer, a solid padlock will appear on the bottom right of the screen when encryption is in use.

      1.7 This Website uses cookies to allow the web server to recognise you as a unique user when you visit. These cookies are necessary for the proper functioning of certain data access features on the site, such as the online shopping component. Cookies allow programs running on the web server to keep track of your order data and any options you have specified, such as currency conversion rates. The use of cookies is restricted to allowing the web server to recognise you as the same visitor to the Website each time you interact with the data-driven features of the Website. Though cookies uniquely identify you to the web server, they do not personally identify you, therefore it is not possible for us to determine your name or email address from the cookies we place on your computer.

      1.8 The cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.

      1.9 Berthi does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept by Shopify Payment systems for order verification and identification purposes only. While every endeavour is made to ensure that Your shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.

      1.10 Berthi reserves the right to limit the quantities of product sold as it sees fit. 

      1.11 This Agreement must be read in conjunction with the Returns Policy and Privacy Policy. These documents form a part of this Agreement.

      1.13 Berthi may offer promotional discounts. Discount codes are valid during promotional periods only and only one discount code may be used at a time. 

      Berthi offers a discount on your first purchase. The first purchase code is not valid for use on gift cards and cannot be used in conjunction with any other offer. Berthi may change the offer from time to time without prior warning. Previous codes provided will remain active for the remainder of the offer period. 

      Risk of loss or damage to any products purchased on this website will pass to you on delivery to your nominated address. 

      1. YOUR USE OF THE WEBSITE

      2.1 You agree that you will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.

      2.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Berthi’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

       

      3 DELIVERY

      3.1 Berthi delivers to Australia and will soon deliver to most destinations around the world.

      3.2 Orders placed within Australia or goods shipped to an Australian residence are subject to the Australian GST. 

      Freight charges are calculated using our automatic freight calculator.

      3.3 Berthi will use reasonable endeavours to arrange dispatch of the Product within 5 working days of submitting the Purchase Order.

      3.4 Expected delivery times are:

           3.6.1 for international deliveries, 5-10 working days; and

           3.6.2 within Australia, 2-4 working days.

      3.5 The expected delivery times set out in clause 3.4 are estimates only. Berthi will not be liable to You for any loss or damage You suffer if the Product is not delivered within the timeframes set out in clause 3.4..

      3.6Risk of loss or damage to any products purchased on this website will pass to you on delivery to your nominated address. When submitting an online order on this website, it is your responsibility to ensure that contact, shipping and order details are entered correctly.  In the unlikely event that an order is stated as delivered but the parcel is unable to be located, customers must reach out to our customer care team via email at customercare@berthi.com within 7 days of the delivery date stated on the tracking.

      3.7 If you provide Australia Post with the Authority to Leave your parcel in a safe place without a signature, risk of loss or damage to parcels will pass onto you and we are not liable for missing, lost or stolen parcels.

       

      4 SITE LIABILITY AND INDEMNITY

      4.1 To the fullest extent possible, the limitation of liability and indemnity set out in clause 9 of these terms also applies to use of the Site by replacing the word “Products” with “Site or the Comment Function”.

       

      5 YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS

      5.1 By using this website you agree to the terms and conditions set out in this Agreement.

      5.2 From time to time, this Agreement will be reviewed and may be revised. Berthi reserves the right to change this Agreement at any time in its sole and absolute discretion. Any such changes will be posted on the Website. If You have commenced any transaction prior to a change to this Agreement, transaction will be effected in accordance with the terms in place at the time of the acceptance of Your offer by Berthi.

       

      6 WEBSITE AVAILABILITY

      6.1 Occasionally down-time, either scheduled or unscheduled, may occur. Berthi will use reasonable endeavours to ensure this amount of down-time is limited.

      6.2 Berthi will not be held liable for the consequences of any down-time.

       

      7 INTELLECTUAL PROPERTY

      7.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

      7.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Berthi.

       

      8 WARRANTIES

      8.1 You acknowledge that the Products require special maintenance. Berthi will not be liable for any damage caused by any failure by You to maintain the Product properly.

      8.2 Please note that the colours of Product may vary slightly from those displayed by Your computer monitor.

      8.3 Please note that the Consumer and Competition Act 2010 (Cth) confers rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, Berthi does not exclude any Non-Excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.

       

      9. LIMITATION OF LIABILITY

      9.1 To the extent permitted by law and subject to clause 9.2, in no event will Berthi be liable for any Claims of any kind arising from or connected with the use of the Website or the Products, including, but not limited to, loss of use, loss of profits or loss of data, or direct, indirect, incidental, punitive and consequential damages.

      9.2To the fullest extent permitted by law, Berthi’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of Berthi, to:

      1. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
      2. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

      9.3 Berthi’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Berthi has been notified of the possibility of such loss or damage.

      9.4 You agree that Berthi’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.

       

      10. INDEMNITY

      10.1 By accessing the Website, you agree to indemnify and hold Berthi harmless from all Claims arising from or in connection with your use of the Website.

       

      11. FORCE MAJEURE

      11.1 Berthi will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Berthi’s reasonable control.

       

      12. TERMINATION

      12.1 Berthi reserves the right to terminate this Agreement at any time.

      12.2 Subject to clause 12.3, Berthi shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.

      12.3 If the Product has not been delivered to You prior to any termination of this Agreement by Bethi, Berthi will refund to You any payment You have made prior to the termination.

       

      13. MISCELLANEOUS

      13.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.

      13.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by Berthi in writing.

      13.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.

      13.4 The Agreement will be made on Berthi’s acceptance of Your offer and will be, and is, governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.

      13.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of New South Wales, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.

      13.6 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.

      13.7 Berthi may be contacted by email at customercare@berthi.com or via post to:

      Berthi

      PO Box 279

      Lennox Head, NSW, 2478

       

      14. DEFINITIONS

      •  "Agreement" means the terms and conditions that apply to the use of the Website which may be amended from time to time.
      •  “Claim” means any claim, cost (including legal costs on a solicitor and client basis), damages, debt, expenses, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind however calculated or caused, and whether direct or indirect, consequential, incidental or economic.
      •  "Berthi" means BERTHI PTY LTD (ABN 24 664 575 384).
      •  "Products" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
      •  "Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Product.
      •  "Website" means internet website with the URL www.berthi.com and associated websites.
      •  "You" means the user of the Website (and "Your" has the corresponding meaning).