Shop Terms of Purchase

Shop Terms of Purchase

Welcome to our website. You’re at https://www.maternal-instincts.com.au. This website is owned by Maternal Instincts by Amberley (ABN – 26 519 786 548). Maternal Instincts by Amberley allows you to purchase products that support the breastfeeding mum and post-natal care through this website. The following Terms of Purchase, together with our Privacy Policy at https://www.maternalinstincts.com.au/privacy-policy/, and Website Terms and Conditions of Use at https://www.maternalinstincts.com.au/terms-conditions/ apply to your access to and use of our online shop and the supply of products and services ordered via our website.

By ordering products and services from our online shop, you acknowledge that you have read, understood and agree to be bound by these Online Shopping Terms and the Terms and Condition of Use of Website (including Disclaimer) and Privacy Policy.

General Notice 1. You may buy products and services offered online by Maternal Instincts by Amberley by navigating the catalogue and shopping cart available on our website. 2. To buy products or services via our website, you must be at least 18 years of age. 3. By placing an order, you confirm that you are at least 18 years of age and that all information you provide to us during the sales process is accurate, complete and not misleading. 4. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. 5. If your PayPal account or credit card is charged for the purchase and we cancel the order, we will notify you and credit your account or credit card account of the amount charged, including delivery charges and applicable taxes and duties, at our discretion.

Prices 1. All prices are in Australian dollars and are inclusive of GST. 2. All prices are subject to change without notice. Special offers ©Maternal Instincts by Amberley 2019 All rights reserved. 2 1. Maternal Instincts by Amberley may provide special offers in relation to our products and services from time to time. 2. At any time, we may terminate any special offer without advance notice. 3. If terminated, a special offer will continue to apply to products and services you ordered in good faith in accordance with these Terms before the special offer was terminated.

Payment 1. The full payment for your order (including the product price and applicable delivery charges) is deducted from your chosen payment method on completion of your order. 2. We accept payment via PayPal, Stripe, and credit card and do not retain or store credit card details. 3. PayPal and Stripe have separate terms and conditions that govern third-party payment processing and we are not responsible for the application of third-party payment procession term and conditions. 4. The majority of inventory Items will be posted within 24-48 hours of receiving cleared funds. 5. During heaving promotional periods like Christmas, delivery time can be extended.

Exchanges 1. You may exchange an item PROVIDED items are returned in original conditions (all seals unbroken), in original packaging and proof of purchase provided. 2. You must contact Maternal Instincts by Amberley at amberley@maternal-instincts.com.au within 7 days of receiving the order and provide your name, order number and the reason for exchange for the item (s) to be exchanged or returned. 3. Upon notification of exchange request instructions for return of items and return address will be provided. 4. Maternal Instincts by Amberley reserves the right to refuse an exchange if the request is made after 7 days. 5. In all cases of exchange, the purchaser is responsible for all return and delivery costs and will be required to pay any difference in cost of new items if applicable. Refunds There is no refund available for change of mind after an order has been processed. At any time. You may seek an exchange according to these terms and conditions. Refunds are not available on videos or digital products.

Defective or Faulty Items A refund may be offered if an ordered item is defective or faulty under the following conditions: 1. You must notify Maternal Instincts by Amberley immediately upon noticing any defects or faults AND within 7 days of receiving the order and provide your name, order number and details of the defects or faults and a photo if possible. 2. Upon notification of a request for refund of items, a return address for the items will be provided and a pre-paid eParcel return slip will be sent to you via email or post. This slip is to be added to the parcel and returned to the Maternal Instincts by Amberley. 3. Returned items will be examined for faults or defects and you will receive a notification from Maternal Instincts by Amberley about whether it agrees that the items are faulty or defective within 48 hours of the receipt of items by us. ©Maternal Instincts by Amberley 2019 All rights reserved. 3 4. If deemed faulty by Maternal Instincts by Amberley, a replacement item will be shipped where possible (subject to stock availability) or a refund will be issued. 5. Maternal Instincts by Amberley will not be responsible if your return is lost in transit back to Maternal Instincts by Amberley. Therefore, we recommend that you send all returns by traceable post. 6. Returns will be processed within 10 business days from the day the return arrives at Maternal Instincts by Amberley premises.

Errors 1. While we make every effort to keep our website content current and relevant, from time to time there may be errors on our website such as wrong pricing, wrong descriptions, and offers for products that are not available or are no longer available. 2. Despite any clause in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and PayPal, Stripe or a credit card has been charged. 3. If PayPal, Stripe or your credit card is charged for the purchase and we cancel the order, we will notify you and credit your PayPal, Stripe or credit card account for the amount charged.

Availability 1. All products are offered for sale subject to available stock. 2. If for some reason your PayPal, Stripe account or credit card has been charged for an item that is out of stock, we will cancel your order and issue a full refund to your PayPal, Stripe or your credit card account in the amount charged. 3. If you order a Presale item, that item will be shipped to you when it becomes available. The Estimated Shipping Date of all presale items can be found on our website. 4. If you order items that are in stock, along with a presale item, ALL items will be shipped, together, when the presale item becomes available. The Estimated Shipping Date of all presale items can be found on our website.

Delivery/shipping/insurance You understand and agree 1. It is your obligation to enter the correct delivery address details at the time of ordering. 2. If your goods are returned because an incorrect address was provided you will be required to pay shipping and insurance costs to the correct address prior to the release of your item/s. 3. The majority of inventory Items will be posted within 2 business days of receiving cleared funds. 4. It is your responsibility to inform us promptly if an order does not arrive by emailing amberley@maternal-instincts.com.au Promotional Periods 5. During public holidays and promotional periods, for example, Christmas and Mother’s Day, delivery times may be extended. Domestic Shipping 6. We use Australia Post and selected couriers for all domestic shipping. 7. Domestic shipping charges are calculated by weight and size at the time of purchase. 8. You have the option to choose a different delivery address than your billing address. 9. For domestic shipping, please allow up to 10 business days after despatch for delivery Australia wide depending on your location. ©Maternal Instincts by Amberley 2019 All rights reserved. 4 10. You may provide a residential address or PO Box Number for delivery. International shipping 12. For international shipping, we use Australia Post’s Registered Post service. 13. This option is preferred as this service provides for faster delivery times and the peace of mind of full tracking and signature on delivery and allows us to provide our best service. 14. International shipping charges calculated by weight and size at the time of purchase. 15. Maternal Instincts by Amberley takes no responsibility once your item/s have left Australian shores. 16. Maternal Instincts by Amberley will not be held responsible or liable for any customs duties/taxes, restrictions and/or delays which may exist at a specific destination. 17. Tracking numbers are included with all deliveries. Title Title (including the risk of loss and damage) in goods purchased pass to you upon delivery to you.

Nipple Butter Giveaway 1. The Nipple Butter giveaway runs from November 1 2021 and closes November 9 8pm (AEST). 2. 3 individuals will each win a 100g tin of Nipple Butter. 3. the 3 winners will be those who each have the highest number of referrals. 4. If there are more than 3 individuals who have the same number of referrals, then all those individuals will put together and winner(s) will be randomly selected. 5. Winners will be notified by email and announced on Maternal Instincts by Amberley social pages on the 11th November 2021. 6. Giveaway is open to Australian residents only. 7. standard shipping is included (not express). 8. Prize cannot be redeemed for cash, credited or exchanged for other product items. 9.

Liability Disclaimer 1. Our products come with guarantees that cannot be excluded under the Australian Consumer Law. 2. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. 3. You are also entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. 4. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law. 5. To the extent legally permitted, under no circumstances are we to be held liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. 6. This exclusion and waiver of liability apply to all legal causes of action, including but not limited to contract, warranty, or negligence. 7. Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, as described in these terms and conditions, you agree such refund is the total amount of our liability to you for all circumstances relating to the refund Medical Disclaimer 8. All products purchased are purchased for personal use and you make the purchase and use the products for their general description application at your own risk. 9. No product provided can be considered to be provided as a personal prescription or provided on the basis of or considered as health or medical advice and does not in any way replace the advice, therapy, treatment or prescription protocol provided by your medical or health professional. 10. You have purchased a product. You have not purchased any individual health advice. 11. If you have any health issue, we strongly advise you seek advice from suitably qualified health and/or medical professional before you use any product from this site.

Excusing events ©Maternal Instincts by Amberley 2019 All rights reserved. 5 1. You acknowledge and agree that we are excused from supplying our products, services, and other obligations and will not be responsible for any delays where, and so long, as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. 2. We will act reasonably to notify you of any delay and its expected duration. 3. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.

Entire agreement These Terms together with our Privacy Policy https://www.maternal-instincts.com.au/privacypolicy/ and Website Terms and Conditions of Use at https://www.maternalinstincts.com.au/terms-conditions/ set out the entire agreement between you and us and supersede all prior communications. Alterations 1. We may alter these Terms from time to time by posting the altered version on our website. 2. You should visit the website regularly to keep up to date with any alterations. 3. In the case of an alteration, the altered Terms only apply to products ordered via the website after the alteration takes effect. Applicable law You agree to deal with us in good faith and in compliance with all applicable laws. These Terms are governed by the law of Victoria, Australia. Notices to you We may notify you by email, a general notice on this website or by another reliable method to an address or using contact information previously provided by you. Contacting us You can contact us by emailing amberley@maternal-instincts.com.au