eCommerce Terms & Conditions

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Last updated on 22 March 2022

Welcome to Infalurt.

In these terms, we also refer to Infalurt as “our”, “we”, or “us”.

What are these terms about?

These terms apply when you use this website, being https://www.infalurt.com.au and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://www.infalurt.com.au/privacy-policy.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.
Those parts are:

Part A: Terms for when you buy Products (applies when you buy)
Part B: Terms for when you browse and interact with this Website (applies when you browse)
Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

DISCLAIMER

Before you buy the Products, please make sure that you read and understand that:

Assistance only – the Products are designed for assisting parents in keeping their children safe, however it is important that you do not rely solely on the Products and always make sure to manually monitor and pay attention to your children’s safety. Infalurt will not be liable for any liability arising from the failure to manually check on the safety of children.
Care and use – the Products may not function properly if they are not cared for and treated appropriately. The Products must only be used in adherence to the Product instruction booklet. In particular, the Products operate on a battery, which you must take care to replace once the battery has been drained of its energy or as notified in the Product instructions. The Products may also cease to function correctly where they have been misused or damaged, such as having liquid spilled on them. Infalurt will not be liable for any liability arising from the lack of care or misuse of the Products.

Part A: For When You Buy Products…

1. SUBMITTING AN ORDER

By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
1. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
2. you are authorised to use the debit or credit card you provide with your Order.
Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

2. PRODUCTS

We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
Until the price of your Products is paid in full, title in those Products is retained by Infalurt. Risk in the Products will pass to you on delivery in accordance with clause 4. Delivery must not be refused by you.

3. PAYMENT

All prices are:
1. per unit (except where indicated);
2. in Australian Dollars; and
3. subject to change prior to you completing an Order without notice.
(Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by Infalurt, you must pay the GST subject to Infalurt providing a tax invoice.
(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

4. PROMOTIONS

We may provide promotional offers and codes offering a discount for Products (Promotions). Some Promotions will be automatically applied at checkout. For other Promotions, you will need to enter a code at checkout in order to use the Promotion.
A Promotion may not be applied retrospectively. Promotions are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply.
Only one Promotion may be applied to an Order at a time.

5. DELIVERY AND SHIPPING

(Free Delivery) We may, at our discretion, offer free delivery in Australia. The terms and conditions for free delivery will be set out on the Website.
(Insurance) Due to the cost and nature of the Products, we may offer some Products to be delivered via insured shipping. For these Products, the cost of insurance will be added to the cart at checkout at your option.
(Delivery Costs) If there are delivery costs, these will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(Delivery Details) Infalurt may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
1. delivery is to the delivery point specifically accepted by Infalurt; and
2. we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(International Orders) Infalurt reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

6. CHANGES TO YOUR ORDER

6.1. CANCELLATION BY US

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

6.2. CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 6.3 may apply.

6.3. RETURNS AND EXCHANGES

We will offer change of mind returns within 7 days of delivery if the Products are in an untouched state, have not been used in any way, and where the security seal on the box has not been broken.
We will provide a full refund of the price paid for a Product if we determine that:
1. a Product you have ordered was not received by you solely due to failure by us;
2. a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
3. a Product is faulty, in accordance with clause 6.3(c)).
(Faulty products) The following process applies to any Product you believe to be faulty.
1. If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
2. If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
3. If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
4. If we determine that the Product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
5. If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
6. Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

7. INTELLECTUAL PROPERTY

Infalurt retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

8. THIRD PARTY SUPPLIERS

We may do any of the following:
1. outsource any part of performing any services related to providing the Products, including delivery of your Products; or
2. procure materials and Products from third party suppliers,without further notice to or permission from you.
To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

whichever is earlier.