‘Conditions’ means the general circumstances of hiring items, ‘Contract’ means the agreement of hiring items from the Supplier to the Hiree, ‘Supplier’ refers to The Byron Baby Shop, ‘Hiree’ refers to the person, jointly or severally if more than one, hiring the items or acquiring the services; ‘Services’ means the services provided by the Supplier.
All below terms and conditions apply exclusively to every contract between the Hiree and the Supplier and are applicable immediately upon payment of hire items.
Pricing and Payment:
Prices quoted for the supply of the by way of hire include GST and any other taxes or duties imposed on and in relation to the goods. The Hiree must pay the charges stated to secure the booking. Hire charges will commence from the date stated in the Contract and will continue during the period of hire until the item is restored to the Supplier in a clean and serviceable condition.
At the Supplier’s sole discretion, all payments must be paid in full at the time the order is processed. The time for payment is of the essence. The Supplier may withhold delivery of the items if payment has not been received. The Hiree must indemnify the Supplier from all costs and expenses (including, without limitation, all legal costs and expenses) incurred to repossess the items; cease or suspend supply of any further items to the Hiree; and by written notice to the Hiree, terminate any uncompleted Contract with the Hiree.
Any request by the Hiree to vary the Contract must be made in writing or by electronic means. If the Hiree requests any variation to the Contract, for example an extension to the period of hire, the Supplier may: (a) accept to extend the period of hire, and increase the price to account for the variation; or (b) refuse to vary the Contract and collect items on the end date of original Contract.
Determination of Hire:
If the Hiree is in breach of any part of this contract the Supplier reserves the right to terminate the contract and repossess items or any part thereof immediately by providing the Hiree written notice via email.
All hire enquires will be provided with a written quote but does not guarantee security of any booking as such and confirmation of hire will only occur once full payment has been successfully processed by the Supplier.
Duration of contract:
The period of the hire is listed in the confirmation of booking and receipt email. Any items not returned to the Supplier by 10am on collection date will incur further hire costs at the same rate as listed in the Supplier’s current hire price list. Any undisclosed late check-out time (after 10am) on collection date will be charged a late fee to be determined as a full day hire of that item. Exceptions may be made if the Hiree provides written notice of a late collection request (after 10am) to the Supplier at the time of payment of the hire.
The Supplier’s delivery times on any given day will be between 10am-5pm for the Hiree’s convenience. Any period for delivery of the items stated by the Supplier is an estimate only and not a contractual commitment. The Supplier will use its reasonable endeavours to meet any estimated time for delivery of the items but will not be liable for any loss or damage suffered by the Hiree or any third party for failure to meet any estimated time.
The Hiree indemnifies the Supplier against any loss or damage suffered by the Supplier, its subcontractors or employees, as a result of delivery, except where the Hiree is a consumer and the Supplier has not used due care and skill.
Delivery is free within the township of Byron Bay, including Suffolk Park. If the Hiree is staying outside Byron Bay township or Suffolk Park there is fees associated and will be charged to the account as per address specified in the booking form. Please check on the website for all fees relating to other areas.
If a Hiree requests a specific delivery time the Supplier will apply an urgent delivery status to the Hiree's account to the amount of $30.00 this fee has the right to be changed at any time at the discretion of the Supplier.
If a Hiree requires delivery and/or collection on an Australian Public Holiday, the account will be charged $30.00.
Responsibility of Hiree:
The Supplier supplies the items with instructions on the safe and proper operation of the items. The Hiree hereby undertakes to ensure that no-one uses the item who is not properly instructed in the use of the item and shall not allow the item to be misused. The Hiree will indemnify and keep the Supplier indemnified from and against all losses, claims, demands, costs and expenses whatsoever and howsoever arising to the Supplier from the Hiree’s breach of the Contract.
No Hiree will use any hire pram on the beach or sandy areas. Sand, salt and sun lotion will damage bearings and fabrics. If any pram returned is presented with damage, stains or sand the Hiree will be charged cleaning a repair fees at the Suppliers discretion.
The Supplier will not be liable for any shortages, damage or non-compliance with the specifications in the Contract unless the Hiree notifies the Supplier with full details and description at the time of delivery, otherwise the Hiree is deemed to have accepted the items. Where any shortages, claim for damaged goods or non-compliance with the Contract specifications is accepted by the Supplier, the Supplier may, at its option, replace the items, or refund any charges for the item that have been paid by the Hiree to the Supplier under the Contract.
Risk and Damage:
Maintenance of Equipment and Repair Procedure:
Although the Supplier shows a duty of care to provide clean, working items to hire, the Supplier takes no assurance in respect to the current condition, age, model or the item’s suitability for any purpose. The Hiree must keep itself acquainted with the current state and condition of the provided items and ensure items remain in a safe, serviceable and clean condition. Under no circumstances shall the Hiree attempt to repair items unless the Hiree obtains consent by the Supplier, if the Hiree claims require repairs the Supplier must be notified immediately and items must be present to the Suppliers premises for examination.
The Supplier shall not be liable for any consequential loss to the Hiree, or any third party, including any expense, liability, loss, claim or proceeding howsoever caused including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, other than if the Hiree is a consumer, then to the extent the loss was reasonably foreseeable. The Hiree acknowledges that: it has not relied on any service involving skill or judgement, or on any advice, recommendation, information or assistance provided by the Supplier in relation to the items or services of the Supplier or the use or application of the items.
If the supplier is unable to deliver or provide items, then it may cancel the Hiree’s order upon written notice to the Hiree. No purported cancellation of an order or partial order by the Hiree is binding on the supplier once the order has been accepted.
Cancellation of the Hiree after payment has been made must be done so in writing and the following policies will apply- Refunds will not be made for change of mind at any time, for example; if there is a cot/ high chair etc already available at accommodation we are not liable to refund you based on such circumstances. So when placing an order, please have full knowledge of what you will require- this is not the hirer’s responsibility.
You may be eligible to receive a credit to the value of unrequired items paid for.
Accepted cancellation at the supplier’s discretion.
No refunds within 72 hours of commencement of Contract.
**In light of the COVID-19 outbreak and Government Restrictions we will not refund but provide full credit valid for 12 months from start of hire contract**
All refunds will be issued less a $10 processing fee, under $100.00 or 10% of above $101.00 of booking total.
Rights of Access:
The Hiree hereby authorises the Supplier (upon production of this document) to enter upon any premises where the Supplier reasonably believes any items or any part thereof to be, and if, and in so far as, the Supplier in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.
Hire items left for collection by the Hiree must be accessible for the Suppliers collection. If the Supplier is unable to collect items at the premises due to being locked within an accommodation site, the Hiree will be liable for any costs incurred to collect items and will be charged a late fee determined at the hire rate of the item per day.
The Hiree must comply with the National Privacy Principles in connection with any personal information supplied to it in connection with the Contract.
The Supplier will take reasonable steps and uphold an obligation to its customers in relation to ensuring protection of personal information provided by the Hiree.
The Supplier’s failure to enforce any of these Conditions shall not be construed as a waiver of any of the Supplier’s rights.