Reborn Dolls, Kits & Supplies

Conditions of Use

Terms and Conditions of Sale

1. About Tiny Tots Nursery

  1. Your purchase of goods from (“website”) is subject to these Terms and Conditions of Sale (“Terms”), and the Website Terms of Use. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
  2. Tiny Tots Nursery of 13 Thompson Circuit, Evanston Park, 5116 (“us”, “our”, “we”, “Tiny Tots Nursery”), carries on business from the website.
  3. Tiny Tots Nursery is an independent proprietary business.
  4. The goods and services described in this website are available from Tiny Tots Nursery, and will be available for you to make an offer to Tiny Tots Nursery via the website to purchase at the specified price on or before the end date specified in a current sale if applicable, or until otherwise removed from the website or as specified, and where Tiny Tots Nursery accepts your offer, Tiny Tots Nursery will sell the goods or services to you in accordance with these Terms.
  5. You and Tiny Tots Nursery may enter into a sale contract for the sale and supply of products, by you making an offer to Tiny Tots Nursery via the website, to purchase goods at the specified price, subject to these Terms.
  6. In these terms:
    1. “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
    2. a reference to a “third party” in these terms includes a reference to any agent or contractor of Tiny Tots Nursery, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.
    3. a reference to the "website" means
    4. "Order" means an offer made by you in response to an invitation to treat made by Tiny Tots Nursery via the website.

2. User Agreement

  1. By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
  2. These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

3. Guests and Registered Users

  1. You may access and/or use the website as a guest or as a member.
  2. To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us.
  3. You will receive an email from us as soon as practicable after you create your membership account.
  4. We only permit one registration per email address.
  5. You must not use another members’ account without permission.
  6. You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
  7. If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact us.
  8. We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

4. Legal Capacity

  1. You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
  2. Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
    1. are over the age of eighteen (18) years;
    2. accept these terms;
    3. agree that you have entered into a legal contract with Tiny Tots Nursery in relation to these terms; and
    4. these terms, together with your order, constitute the entire agreement between you and Tiny Tots Nursery for the supply of products.
  3. Tiny Tots Nursery reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Tiny Tots Nursery may suffer as a result of a transaction entered into by a minor.

5. Orders

  1. Please choose carefully and we recommend you preview any proposed Orders before adding them to your shopping cart and proceeding to checkout your Order.
  2. Representations of products for sale made by Tiny Tots Nursery via the website do not constitute an offer to sell but an invitation to treat.
  3. You and Tiny Tots Nursery may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
    1. placing an electronic Order for the products using the website;
    2. you confirming the Order details in accordance with the procedure on the website;
    3. you making payment in full (plus any applicable delivery charges) on the website; and
    4. the acceptance of that offer by Tiny Tots Nursery.
  4. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
    1. any requirements set out in these terms have been met;
    2. the electronic instruction containing the offer from you enters and is recorded in our database;
    3. a record is created and stored in our database; and
    4. Tiny Tots Nursery receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
  5. You acknowledge that:
    1. the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Tiny Tots Nursery for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
    2. to the extent permitted by law, Tiny Tots Nursery is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
    3. Tiny Tots Nursery may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
    4. Tiny Tots Nursery may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
    5. You will receive an email from Tiny Tots Nursery as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us.
    6. If your Order is not accepted by Tiny Tots Nursery, Tiny Tots Nursery will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
    7. Tiny Tots Nursery may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
    8. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Tiny Tots Nursery cannot supply a particular product, Tiny Tots Nursery will notify you by telephone or email as soon as possible.
    9. Tiny Tots Nursery will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.

6. Price

  1. Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
  2. Any and each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Tiny Tots Nursery.
  3. Images of products shown without any advertised price beside that image are not offered for sale.
  4. Unless otherwise stated, any accessories shown in any image of products are not included in the price.
  5. We reserve the right to correct any errors published on the website.

7. Payment

  1. All payments must be made in full prior to delivery.
  2. Payments must be made via Direct Deposit or the PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of payment providers.

8. Lay-by Agreements

  1. The terms of this clause apply where Tiny Tots Nursery have entered into a lay-by agreement with you for your Order.
  2. Lay-by agreements may be extended by private arrangement to approved purchasers only.
  3. Lay-by agreements apply to a single Order only and are not transferrable.
  4. Tiny Tots Nursery may cancel the lay-by agreement if:
    1. You breach the agreement by missing a scheduled payment,
    2. Tiny Tots Nursery are no longer engaged in trade or commerce, or
    3. The goods are no longer available due to circumstances outside of Tiny Tots Nursery’s control.
  5. You may cancel the lay-by agreement any time before delivery of the goods. If you cancel the lay-by agreement Tiny Tots Nursery will refund you all amounts paid less any termination fee.
  6. The termination fee for any lay-by agreement is $50.00 or 20% of the Order value, whichever is the greater.
  7. Terms of payment for lay-by agreements are a minimum deposit of $50.00 and a maximum of four (4) equal fortnightly instalments covering the outstanding balance.
  8. Doll Kit pre-order non-refundable deposits do not constitute a lay-by agreement between Tiny Tots Nursery and you.

9. Supply and Delivery by Post

  1. Subject to you complying with these Terms and acceptance of your Order by Tiny Tots Nursery, Tiny Tots Nursery will sell and supply the products to you as shown on your Order confirmation.
  2. Products may not be available for immediate delivery. Tiny Tots Nursery will endeavour to post your Order to you within two (2) days of the date you place your Order, except if the Order is for a custom made item.
  3. When you complete your Order you will be prompted to select whether you wish to collect your Order from Tiny Tots Nursery or to have the Order delivered to an address specified by you.
  4. Other than in respect of Orders for custom made items, if Tiny Tots Nursery gives you notice that it will be unable to post your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Tiny Tots Nursery will arrange for a full refund of any payment made by you to be processed.
  5. Delivery times are not under Tiny Tots Nursery control, and may be greater than 10 business days for regional or remote areas.
  6. Tiny Tots Nursery cannot and will not accept responsibility for delivery failures or delays by third party postal or delivery companies.

10. Orders for Collection

  1. The terms of this clause apply where you select to collect your Order from Tiny Tots Nursery.
  2. If you select to collect your goods from Tiny Tots Nursery, you must contact a representative of Tiny Tots Nursery to organise a collection time that is suitable to Tiny Tots Nursery.
  3. Orders for collection at Tiny Tots Nursery must be collected within 21 days of the Order. If your Order is not collected within this time, Tiny Tots Nursery has the right to allocate those goods to another customer and reorder the goods for you.
  4. When picking up your items, you are required to supply a copy of your order.

11. Title and risk in goods

  1. Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

12. PayPal and credit card fraud

  1. The website employs the PayPal secure instant payment gateway.
  2. To the extent permitted by law, Tiny Tots Nursery and each of their related bodies corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

13. Disclaimer and Indemnity

  1. To the extent permitted by law, Tiny Tots Nursery and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
    1. errors, mistakes or inaccuracies on the website;
    2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
    3. personal injury or property damage of any kind resulting from your access or use of the website;
    4. any unauthorised access to or use of the websites secure servers;
    5. any interruption or cessation of transmission to or from the website;
    6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
    7. the quality or fitness for any purpose of any linked sites.
  2. Except as expressly provided in these terms, and to the fullest extent allowed by the law, Tiny Tots Nursery and its third parties will not be liable for any direct, indirect, special, incidental, or consequential damages arising out of your access to or use of the website.
  3. You will at all times indemnify, and keep indemnified, Tiny Tots Nursery, and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
  4. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010.

14. Order Enquiries

  1. If you have any query about the progress of your Order please contact us. Please provide your Order number as shown on the email confirmation.

15. Damaged or Faulty Products and Refund Policy

  1. If any product ordered by you arrives damaged or is not of acceptable quality you may have:
    1. rights under the Refund Policy,
    2. legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory, and/or
    3. to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
  2. Please choose carefully as Tiny Tots Nursery will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
  3. In the event that Tiny Tots Nursery decides to refund your purchase and cancel your Order, all items are subject to a 10% restocking fee, this will be deducted from your refund. We also do not refund the original shipping and handling that you paid on the order.
  4. If your Order arrives damaged, please contact us.

16. Privacy and Personal Information

  1. Our Privacy Policy available on this website here explains how your personal information is collected and managed.
  2. The privacy of your personal information is important to Tiny Tots Nursery.
  3. Tiny Tots Nursery and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us. Personal information may include your name, residential and/or postal address, telephone number and email address.
  4. Your personal information is not collected if you only browse this website.
  5. Online payments are handled by Paypal. Tiny Tots Nursery does not store your credit card or banking details. Please check the website for details of their privacy policies and security measures.
  6. Each of Tiny Tots Nursery, their related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Tiny Tots Nursery and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Tiny Tots Nursery thinks may be of interest to you. If you would prefer not to receive promotional or other material from Tiny Tots Nursery or its third parties, please let us know and Tiny Tots Nursery will respect your request. You also agree that Tiny Tots Nursery may contact you by telephone to arrange delivery or collection of your Order.
  7. You may request Tiny Tots Nursery to remove your personal information from its database by emailing the Customer First Team.
  8. For further details about Tiny Tots Nursery’s privacy practices please view the Privacy Policy on this website. Should you have any questions concerning your privacy, please contact us.

17. Force Majeure

  1. Tiny Tots Nursery will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

18. Governing Law

  1. These terms will be governed by and interpreted in accordance with the laws of South Australia, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of South Australia, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
  2. If you access the website in a jurisdiction other than South Australia, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Tiny Tots Nursery makes no representations that the content of the website complies with the laws of any country outside Australia.

19. Severability

  1. If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Tiny Tots Nursery.

20. Transfer and Assignment

  1. If Tiny Tots Nursery merges, sells or otherwise change control of its business or this website to a third-party, Tiny Tots Nursery reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Tiny Tots Nursery has collected from you and any agreements it has made with you.

21. Waiver

  1. The failure by Tiny Tots Nursery to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Tiny Tots Nursery.

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Tiny Tots Nursery's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Tiny Tots Nursery's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Tiny Tots Nursery at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Tiny Tots Nursery's web site are provided "as is". Tiny Tots Nursery makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Tiny Tots Nursery does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Tiny Tots Nursery or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Tiny Tots Nursery's Internet site, even if Tiny Tots Nursery or a Tiny Tots Nursery authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Tiny Tots Nursery's web site could include technical, typographical, or photographic errors. Tiny Tots Nursery does not warrant that any of the materials on its web site are accurate, complete, or current. Tiny Tots Nursery may make changes to the materials contained on its web site at any time without notice. Tiny Tots Nursery does not, however, make any commitment to update the materials.

6. Links

Tiny Tots Nursery has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tiny Tots Nursery of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Tiny Tots Nursery may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Tiny Tots Nursery's web site shall be governed by the laws of the State of South Australia without regard to its conflict of law provisions.

Tiny Tots Nursery Online Terms and Conditions of Sale Version 1.0 August 2013.

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