BABY BAZAAR LIMITED
Terms and Conditions of Trade
1. Definitions
1.1 Company shall mean Baby Bazaar Limited and its successors and assigns.
1.2 Customer shall mean the purchaser or hirer of goods and services from the Company or any person acting on behalf of and with the authority of the Customer.
1.3 Goods shall mean all goods supplied by the Company to the Customer (and where the context permits, includes any supply of Services and including but not limited to sale or hire).
1.4 Hire Agreement means the agreement between the Company and the Customer relating to the Goods.
1.5 Hire Commencement Date means the commencement of the hiring or if earlier the date of delivery of the Equipment to the client.
1.6 Services shall mean all services supplied by the Company to the Customer and includes any advice or recommendations (and where the context permits, includes any supply of Goods).
1.7 Minimum Hire Period means the period stated on the Hire Agreement which shall be calculated from the Hire Commencement Date.
1.8 Price means the price payable for the Goods and Services as agreed between the Company and the Customer subject to clause 5 of these terms.
1.9 Return Date means the return date stated on the Hire Agreement or if none, the date of expiry of notice of termination of the hiring lawfully given by either the Company or the Customer.
2. Baby Bazaar Hire
2.1 The Goods will at all times remain the absolute property of the Company.
2.2 Where the Goods have not been returned to the Company, by the date specified in the Hire Agreement, then the Company shall be entitled to charge additional hireage fees until the Goods are returned to the Company.
2.3 The Customer expressly authorises the Company to deduct such additional hire fees from the Customer’s payment method, as set out in the Hire Agreement.
2.4 If the Customer has not returned the Goods within 15 days after the date specified in the Hire Agreement for return, the Company will consider the hired Goods as a “non-return” and will charge the Customer’s credit card 150% of the recommended retail value, taking into account any late fees already paid. Baby Bazaar also has the discretion to pass any purchaser details over to the police if any hired goods are not returned.
2.5 If the Customer pays the Company an amount equal to 150% of the recommended retail price in late fees and the Customer still has the Goods in their possession, the Goods are deemed property of the Customer and return to the Company is not necessary.
2.6 If the Goods are stolen, lost, or damaged beyond repair, whether or not such theft, loss or damage is the result of negligence, failure, or omission of the Customer then the Customer will be liable to pay for replacement of the item.
2.7 In determining the value of replacement, the Company will take into account the condition of the Goods, the availability to purchase that Good in the market, and any hire fees or late fees that the Customer has already paid.
2.8 The Customer shall inspect the Goods upon delivery and shall, within eight (8) hours of receipt of the Goods notify the Company (by phone or email) of any alleged discrepancy in quantity, quality, Product style, damage or failure to provide the Goods as consistent with what was ordered.
3. Baby Bazaar listing and selling
3.1 The Company also allows Customers to buy, sell or rent Goods within a fixed-price format. Sellers also have the ability to accept, or decline offers from any Customers at their discretion. Any offer presented by a prospective purchaser shall remain active for a period of 72 hour. The seller (at their discretion) may choose to either accept, decline or make a counteroffer to the prospective purchaser. If the offer is not accepted, actioned or counter actioned by a seller or purchaser, that offer will expire at the end of the 72-hour period.
3.2 The Company is not in any way directly involved in the transaction between a Buyer, Seller or renter, unless purchased or hired directly from Baby Bazaar Limited. Outside of the Company, the Company has no control over the quality, morality, legality or safety of any aspect of any item listed, as well as no control over the accuracy or truth of any listings or information provided by the Seller, or the ability of Sellers to sell or rent items, or the ability of Buyers to pay for items.
3.3 The legal ownership of purchased items on Baby Bazaar Limited is transferred by the Seller to the Buyer upon completion of a sale. The Company does not transfer legal ownership of items from the Seller to the Buyer, except when items are being sold from Baby Bazaar Limited. The Company does not guarantee the true identity, age, nationality, or other features shown in a member’s profile.
3.4 The Company reserves the right to refuse service to anyone, for any reason, at any time.
3.5 By listing an item for sale on Baby Bazaar, you warrant and represent that:
(b) you have the full legal right to sell the item;
(c) the depiction and description of the item, including any damage, is truthful, complete and accurate; and
(d) the item is listed in the appropriate applicable category.
3.6 Your listings may only include text descriptions, photos, images, graphics and other content relevant to the sale of that item only. You agree that any listing you create can be subject to review by the Company at any time, and that the Company reserves the right to remove any listings at their sole discretion.
3.7 All sales and rentals on Baby Bazaar are binding. Sellers are responsible for listing their items accurately, and the Buyer is responsible for reading the item description in its entirety before making a purchase. Sellers are obligated to ship orders to complete the transaction with the Buyer in a prompt manner. The Buyer is obligated to pay for the purchases in full.
3.8 If a sale, rental or purchase is not completed, the account and any live listings may be suspended or removed from Baby Bazaar at their sole discretion.
3.9 At the end of the rental period, all rental items (including any Baby Bazaar Hire items) must be returned to the owner cleaned and in the same condition when delivered to the customer.
4. Acceptance
4.1 Any instructions received by the Company from the Customer for the supply of Goods shall constitute acceptance of the terms of trade.
4.2 The customer shall acknowledge receipt and acceptance of goods by clicking the acknowledgment link in the delivery email and is a full and final transaction within 48 hours.
4.3 If after 48 hours the acknowledgment link remains unclicked and no further communications have been received by either the website administrator or the seller, the transaction shall be considered full and final.
4.4 The terms of trade govern all of the supplies of goods and services from the Supplier (“we”, “us”) to the Customer (“you”). They are effective from 31 October 2024 and will replace all earlier written or oral agreements and any terms and conditions contained in any document used by you and purporting to have contractual effect. Your acceptance of any goods or services from us indicates your continuing acceptance of these terms of trade.
4.5 Consumers may have additional rights under the Consumer Guarantees Act 1993.
4.6 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments due under this agreement.
5. Quotation and Price
5.1 Unless otherwise agreed in writing before you place an order, prices for goods or services are those stated on our website or otherwise in force at the date when you place the order. Prices are subject to alteration without notice.
5.2 Customers may make an offer on any rental or item for sale that may be accepted by the seller at their sole discretion.
5.3 Unless we state otherwise in writing all goods will be box shipped and it is your responsibility to assemble and configure the goods.
5.4 You must pay goods and services tax and any other government duties, levies or taxes in respect of the goods or services.
5.5 Orders may be cancelled only if we agree in writing to the cancellation and the order has not been processed by us. We may charge you a cancellation or restocking fee.
5.6 The Price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of Company between the date of the contract and delivery of the Goods and Services.
6. Delivery and Risk
6.1 The Goods and Services remain at the Company’s risk until delivery to the Customer.
6.2 Delivery of Goods and Services shall be deemed complete when the Company delivers the Goods and Services to the Customer’s address or possession of the Goods and Services is given to a carrier or courier for purposes of transmission to the Customer.
6.3 The costs of carriage and any insurance which the Customer reasonably directs the Company to incur shall be reimbursed by the Customer (without any set-off or other withholding whatever) and shall be due on the date for payment of the Price. The carrier shall be deemed to be the Customer’s agent.
6.4 If any of the Goods are damaged or destroyed prior to property in them passing to the Customer, the Company is entitled, without prejudice to any of its other rights or remedies under this agreement (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable in respect of the Goods. This applies whether or not the Price has become payable under these terms. The production of these terms is sufficient evidence of the Company’s rights to receive the insurance proceeds without the need for any person dealing with the Company to make further enquiries.
7. Defects and Returns of sold items
7.1 The Customer shall inspect the Goods on delivery and shall within eight (8) hours of delivery notify the Company in writing of any alleged defect, shortage in quantity, damage or failure to comply with description of the Goods and failing such notice the Goods shall be conclusively deemed to be in accordance with the Agreement and free from any defect or damage which would be apparent on a reasonable examination of the Goods.
7.2 Where there is no breach by the Customer of these Terms or of any warranty conferred by law in respect of the Goods then at the sole discretion of the Customer they may return the Goods within seven (7) days of delivery providing the Goods and all the following are returned to the Seller in “as new condition”;
(a) All packaging material and brochures.
(b) All instruction manuals, videos or any other material supplied with the Goods.
(c) All tools and accessories.
7.3 Where there has been a breach by the Company of any warranty conferred by law in respect of the Goods the Company will (if requested to do so by the Customer) and subject to the Company regarding the request appropriate, accept return of the Goods upon mutually agreeable terms and under this condition the Customers liability to the Company is limited at the Seller’s discretion to paying or crediting the Customer the cost of acquiring equivalent goods.
7.4 Usually when you buy a product or service, the sale is final unless the item breaches a guarantee under the Consumer Guarantees Act. The Company doesn’t have to give you a refund or exchange if:
(a) you change your mind;
(b) your circumstances change; and/or
(c) you find cheaper products elsewhere.
8. Consumer Guarantees Act
8.1 If the Customer is acquiring or holding itself out as acquiring Goods or Services under this agreement for business purposes, then the Consumer Guarantees Act 1993 will not apply.
9. Limitation of Liability
9.1 The Company shall not have any liability or responsibility to the Customer for any loss, damage or injury, whether arising in contract, tort, equity or otherwise, which does not flow directly or naturally (i.e. in the ordinary course of things) from a breach of this agreement.
10. Personal Information
10.1 We will use any personal information that you supply for credit, administration, service and marketing purposes. You have the right of access to, and to ask for correction of, your personal information.
11. General
11.1 The Company will not be liable for failure to meet its obligations if the failure is brought about by a force majeure circumstance (i.e. any circumstances outside the Company’s control).
11.2 Except as specifically provided, no amendment to this agreement will be effective unless it is in writing and signed by both parties.
11.3 No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
11.4 If any provision of this agreement or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this agreement and its application shall not be affected and shall remain enforceable to the greatest extent permitted by law.
11.5 This agreement shall be governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
12. Intellectual property
12.1 The Company retains the copyright to all concepts and designs and any other intellectual property rights utilised or created by the Company.
12.2 The customer does not acquire any right, title or interest in any copyright, trade markers or other intellectual property rights relating to any of the goods or the Company website.
12.3 The customer must not use any intellectual property, including trademarks, which belongs to the company or their suppliers or manufacturers, or cause, assist or permit anything to occur which may interfere with, damage, or endanger those intellectual property rights.
13.1 For each successful sale facilitated through Baby Bazaar, a commission of 19.95% of the total sale price (inclusive of applicable taxes) will be retained by Baby Bazaar. This commission is deducted automatically from the seller’s earnings before the payout. By listing items for sale on Baby Bazaar, sellers agree to the application of this commission rate to each transaction. Baby Bazaar reserves the right to adjust the commission rate, with prior notice provided to sellers in the event of any changes.
