T&C'S

Hello, mama and welcome to Your Mindful Mama website. We’re so glad you’re here. Please make yourself comfortable and have a look around, but we ask, please follow our house rules below;

 

  1. About the website
  • The website provides you with an opportunity to browse and purchase various products that have been listed for sale through the website (the “products”). The website provides this service by way of granting you access to the content on the website (the “purchase services”, product purchases”).
  • Please read these terms of service ("terms of service", "terms", "terms and conditions", "T&C's") carefully before using the website www.yourmindfulmama.com.au (“website”, "service").
  • This site is owned and operated by C.L GROOT & THE TRUSTEE FOR THE COFFEY FAMILY TRUST trading as Your Mindful Mama (ABN 96 132 355 023). We may refer to ourselves as "Your Mindful Mama", "Jules", "Claire", "YMM", "us", 'we", "our".

 

  1. Acceptance of the terms
  • By using, browsing, reading or purchasing from the website, signifies that you have read, understood and agree to be bound by the terms. These terms of service are a legally binding contract between you and Your Mindful Mama. These terms of use are applicable to your use and enjoyment of this site and the content made available to you via this site and all our social media channels, as well as your purchase of any products from our online store (“terms”). If you do not agree with these terms, please cease usage of the website, or any associated services, immediately.
  • These terms, together with our Privacy Policy, apply to all site visitors, subscribers, customers, and other users of our site (“user”, “you” and “your”). 
  • Your Mindful Mama reserves the right to review and change any of the terms by updating this page at its sole discretion. When Your Mindful Mama updates the terms, it will use reasonable endeavours to provide you with notice of updates to the terms. Any changes to the terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms & Conditions for your records.

 

  1. Age restriction
  • By using the website, browsing, purchasing goods for sale or using any other website feature, you warrant that you are over the age of 18 and have the legal capacity to enter into a legally binding contract; and that you have read, understood and accepted all the Terms & Conditions; and that you comply with all the outlined Terms & Conditions.
  • Your Mindful Mama assumes no responsibility for liabilities related to age misrepresentation.

 

  1. Privacy Policy
  • Your Mindful Mama takes your privacy seriously and any information provided through your use of the website and/or the purchase services, are subject to Your Mindful Mama’s Privacy Policy, which is available here.
  • We are committed to conducting our business in accordance with Australian Privacy Laws and have developed a comprehensive Privacy Policy. By agreeing to the Terms & Conditions outlined on this website, you will be deemed to have also read, understood and agreed to our Privacy Policy.

 

  1. Registration to use the purchase services
  • In order to purchase a product that is for sale on the website, as well as access to some features on our site, you may have to register a user account. As part of the registration process, or as part of your continued use of the product purchases, you may be required to provide personal information about yourself such as name, address, email address and contact number.
  • You warrant that any information you give to Your Mindful Mama will always be accurate, correct and up to date. It is solely your responsibility to update any change to these details, including but not limited to your current shipping address. We take no responsibility for goods shipped to the wrong address.
  • You are solely responsible for the activity that occurs on your account, including any orders/purchases made, so please keep your account password safe.
  • You agree that when signing up to register to use the purchase services, that you at least 18 years of age and fully understand the registration process, as well as the terms and conditions associated with your account.
  • We reserve the right to suspend or cancel your registered account at any time and at our sole discretion if you breach any provision of the Terms & Conditions; and/or applicable law or where your conduct impacts our reputation.
  • You are not permitted to use the registration process if you are a person barred from receiving the purchase services under the laws of Australia or other countries including the country in which you are resident or from which you use the purchase services.

 

  1. Your obligations as a registered account holder

As an account holder, you agree to comply with the following; you will use the purchase services only for the purpose that are permitted by:

  • the Terms & Conditions
  • any applicable law, regulation or generally accepted practises or guidelines in the relevant jurisdictions
  • use of your password or account by any other person may result in the immediate cancellation of your account
  • any use of your registration information by any other person, or third party is strictly prohibited. You agree to immediately notify Your Mindful Mama of any unauthorised use of your password or email address or any breach of security of which you have become aware
  • access and use of the website is limited, non-transferable and allows for the sole use of the website by you for the purpose of Your Mindful Mama providing the purchase services
  • you will not use the purchase services or website for any illegal and/or unauthorised use which included collecting email addresses of other members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website
  • you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from the website without notice and may result in termination of the purchase services account. Appropriate legal action will be taken by Your Mindful Mama for any illegal or unauthorised use of the website
  • you acknowledge and agree that any automated use of the website or its purchase services is prohibited.

 

  1. Links to other websites
  • Our website and social media channels may have links to other websites that may be of interest to you. They may be operated by third parties and Your Mindful Mama is not responsible for the privacy practises of any third-party websites or external links that may be linked to our website, including but not limited to hyperlinks, banner advertising, pop-ups or otherwise.
  • We do not in any way endorse, control or approve of, and nor are we responsible in any way for the content on those external websites. Please exercise caution before visiting on any external links or websites.
  • Your Mindful Mama is in no way responsible for or liable for any damage caused by the use of these websites.

 

  1. Purchase of products
  • In order to purchase goods from the website, you can place an online order via the Your Mindful Mama website by correctly completing and submitting the electronic order form at check-out. In doing this, you are purchasing goods for the stated price including GST, plus postage fee which is specified at the time you submit your order, and you agree to the payment of the purchase price.
  • All prices on the website are in Australian Dollars (AUD) and may change at any time without notice to you.
  • You agree that all your order details are correct and up to date at the time of purchase. We take no responsibility for lost and/or delayed items due to inaccurate personal details provided to us.
  • Following payment of your purchase being confirmed by Your Mindful Mama, you will be issued with a receipt and/or invoice to confirm that the payment has been received and we may record your purchase details for future use.

 

  1. Orders and payments
  • We may at any time discontinue, modify or change any listed product for sale without any notice. We are not liable for any price change, modification, discontinuance or cancellation of any product on the website.
  • Your Mindful Mama reserves the right to reject a purchase order at any time and for any reason. We will notify you of our decision using the contact details you provided in your order within five (5) business days of your order being placed with us.
  • If you order is declined, we will not be liable to you or any associated third parties for your loss.
  • We will provide you with a full refund of your purchase price reflected on your order/invoice, in the event of your order being cancelled, in the event that a product has been discontinued or due to unavailable stock.
  • You acknowledge and agree that some products for sale on the website may be unavailable or out of stock. In the case we cannot fulfil your order, we will contact you via email within 5 (five) business days. You may choose a store credit or refund of the purchase price.  
  • You acknowledge and agree that all images of our products on the website are for illustration purposes only, and that the colour of goods shown on the website may vary in shade in real life. The sizes and dimensions of any products on the website may differ in real life and we take no responsibility or liability for these discrepancies. Any accessories displayed in images with the products for sale are for illustration purposes only and are not included in the product purchase price.
  • If using a discount code at check out, you may only use 1 (one) code per purchase. We reserve all rights to cancel or reject your order when in breach of this term. Discount codes, vouchers and gift cards cannot be used in conjunction with any other offers or promotions.
  • You can pay for your order using a valid credit card. You acknowledge that you hold the necessary rights and authority to use that credit card on our website. All goods must be paid for in full and cleared by Your Mindful Mama before the goods are dispatched.
  • If your payment is declined, cannot be processed, or not made in full, we may reject your order and proceed to advise you by the email provided by you.

 

  1. Returns and refunds
  • Your Mindful Mama may, at their sole discretion, provide a refund on the return of the products where you are dissatisfied with a product you have purchased, within 14 (fourteen) days where the product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
  • We have a 7 (seven) day change of mind policy from the day your order was received. Items must be returned to our warehouse in Newcastle, Australia, safely, unopened and in their original packaging and condition, along with proof of purchase. Your Mindful Mama will not provide return shipping labels and return shipping is solely the responsibility of the customer. The product must be returned in the same or similar external postage packaging that you received it in, to ensure it doesn’t get damaged in transit. We cannot refund an item that has been damaged in transit.
  • Should you find your items faulty upon receiving them, we will provide you with a replacement product, or where not possible, we will provide you with a refund of the purchase price.
  • We make no guarantees that your refund request will be honoured. For any exchange, refund, or return requests, please email hello@yourmindfulmama.com.au and we will review each request case individually and let you know the outcome via your contact email address. Exchanges, refund and returns may have a processing and dispatch time of up to 14 days.
  • All return shipping costs are non-refundable and a solely the responsibility of the customer.
  • We are unable to provide a refund or exchange for incorrect product purchases, so please ensure you double check your order before submitting.
  • Your Mindful Mama is not liable for orders sent to the wrong address. Please ensure all personal and delivery details are correct prior to submitting your order.
  • Once an order has been placed, we are not able to combine with other orders or refund postage costs.
  • By using Your Mindful Mama’s website and placing an order with us, you are accepting all our shipping/postage, exchange, return and refund terms and conditions. If you have any further queries, contact us at hello@yourmindfulmama.com.au

 

  1. Shipping and postage
  • Your Mindful Mama will deliver your order to your designated postal address as stated on your order. This includes home, work and PO Box addresses.
  • Our carrier of choice is Australia Post; however, we may use alternate carriers from time to time.
  • In providing the purchase services, Your Mindful Mama may provide you with a variety of delivery and insurance options offered as part of the delivery services by the delivery service providers of their choice. You acknowledge and agree that Your Mindful Mama is not the provider of these delivery and insurance options and merely facilitates your interaction with the delivery service providers in respect to providing the delivery services.
  • Please allow up to 10 (ten) business days after your order has been place to receive your item. We will provide a tracking number for all shipments. From time to time there may be a delay in the delivery of your goods. Your Mindful Mama takes no responsibility or liability for this situation or any loss occurred by you or a third party due to the delay.
  • All our parcels are sent with a signature requiredon delivery. If you would prefer your parcel to be left in a safe place, you will need to change the delivery method with your tracking number through Australia Post directly. This is done entirely at the customers risk and Your Mindful Mama will take no responsibility for lost/stolen parcels if you choose this delivery option. We will also not offer any type of refund or replacement of goods for parcels that show 'left in a safe place' and go missing.
  • We provide international shipping and costs and shipping orders vary per country and will be displayed at check out. We recommend choosing Signature Requiredfor all international shipments. A signature will be required upon delivery and this option cannot be changed once shipped. If you choose No Signature Required, a signature will not be required upon delivery and your parcel will be in a safe place. Option cannot be changed once shipped. This is done entirely at the customers risk and Your Mindful Mama will take no responsibility for lost/stolen parcels if you choose this delivery option. We will also not offer any type of refund or replacement of goods for parcels that show 'No Signature Required' and go missing. 
  • Transit times differ for each country, and once we have shipped an item, the transit time is completely out of our control. We are happy, however to assist with parcels that are not delivered within a reasonable amount of time (after the estimated arrival date) by contacting us at hello@yourmindfulmama.com.au
  • Any additional customs, duty or tax charges are payable by the customer on or after delivery. These costs are NOT included in the cost of the product or shipping. It is the responsibility of the customer to find out the extra charges through their local customs office prior to purchasing. These extra costs will not be refunded by Your Mindful Mama. If you choose to refuse your delivery due to customs charges, a refund will not be processed until the parcel is returned and received by Your Mindful Mama.
  • All the orders are processed and shipped from either our Newcastle warehouse or our Gold Coast warehouse during business hours on Monday – Friday. No orders will be processed on weekends or public holidays. If you have a particularly urgent order, please select express shipping option at check out and then email us at hello@yourmindfulmama.com.au and we will try to prioritise your dispatch. We do not promise or guarantee that by doing this you order will arrive earlier.
  • You acknowledge and agree that Your Mindful Mama cannot guarantee that delivery may not occur in the estimated time period, and that delivery times vary during sales, promotions, busy periods and holidays, as well as due to COVID and staff shortages; and that this is out of our control. Your Mindful Mama is not liable with respect to any loss, damage, cost, expense or injury or any third party suffers as a result of a change in delivery times or a delay in delivery.

For more information, see our Postage & Shipping page here.

  1. Warranty

 

  • Your Mindful Mama’s products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for major failure of the product. You are entitled to have the products repaired or replaced if the products fail to be of acceptable quality.
  • You may make a warranty claim for material defects and workmanship in the products within 3 months from the date of purchase. To make this claim, please email hello@yourmindfulmam.com.au with your proof of purchase.
  • It is our sole discretion to accept or decline any warranty request within reason, and also if we decide on refund, repair or replacement. The warranty shall be the sole and exclusive warranty granted by Your Mindful Mama and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the products to which this warranty relates.
  • If your warranty claim is accepted, the product will be replaced, repaired or refunded at no cost to the customer, however, you acknowledge that you are solely liable and responsible for any postage or shipping costs incurred in facilitating your warranty claim.
  • The warranty does not apply to any appearances of the supplied products nor to the additional excluded items set forth below nor to any supplied products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, every day wear and tear, water damage, stains or which has been altered or modified in deign or construction.

 

  1. Copyright and trade marks
  • The website, the purchase services and all of the related products of Your Mindful Mama are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, videos, audio clips and software) (the “content”) are owned or controlled for these purposes, and are reserved by Your Mindful Mama or its contributors.
  • Your Mindful Mama retains all rights, title and interest in and to the website and all related content. Nothing you do on or in relation to the website will transfer to you;
  • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Your Mindful Mama; or
  • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
  • You may not, without the prior written permission of Your Mindful Mama and the permission of any other relevant rights owners; broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose.
  • You also agree that you will not reproduce or redistribute Your Mindful Mama’s intellectual property in any way, including electronic, digital or new trademark registrations.
  • Your Mindful Mama® is a fully registered trade mark in Australia. We have the right to instigate trade mark infringement action against persons found to be violating the Trade Mark Law rights.

 

  1. Limitation of Liability
  • Your Mindful Mama’s total liability arising out of or in connection with the purchase services or these terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent purchase price paid by you under these terms or where you have not paid the purchase price, then the total liability of Your Mindful Mama is the resupply of information or purchase services to you.
  • You expressly understand and agree that Your Mindful Mama, its affiliates, employees, agents, contractors, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however cause and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  • Your Mindful Mama is not responsible or liable in any matter for any site content (including the content and third-party content) posted on the website or in connection with the purchase services, whether posted or caused by users of the website of Your Mindful Mama, by third parties or by any of the purchase services offered by Your Mindful Mama.
  • You acknowledge that Your Mindful Mama does not provide the delivery services to you and you agree that Your Mindful Mama will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the delivery services.
  • You agree that your access to and use of this website is subject to these Terms & Conditions and all applicable laws, and is at your own risk.
  • You acknowledge that this website may contain faults, errors, discrepancies and inaccuracies. While we do our best to provide you up to date and error-free content, from time to time there may be faults, errors, discrepancies and inaccuracies, in which we take no responsibility for.
  • Your Mindful Mama makes no representations of any kind, express or implied as to the operation of this website or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.
  • By visiting this website, you agree that the laws of the [location], without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between [name] and you, or its business partners and associates.

 

  1. Governing Law
  • The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
  • The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  • All disputes arising from your use of this website are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
  • Your Mindful Mama makes no representation that the content of this site complies with the laws of any country outside of Australia. If you do access our website from a place outside of Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access the website from.   

 

  1. Indemnity
  • You agree to indemnify Your Mindful Mama, its affiliates, employees, agents, contributors, third party content providers and licensors from and against;
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the website;
  • any direct or indirect consequences of you accessing, using or transacting on the website or attempts to do so and any breach by you or your agents of these Terms;
  • and/or any breach of the Terms.

 

  1. Dispute Resolution
  • Compulsory – If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • Notice – A party to the Terms claiming a dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.
  • Resolution – On receipt of that notice by that other party, the parties to the Terms must;
  • Within 30 days of the notice endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 30 days after the date of notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will take place in Newcastle, Australia.
  • Confidential – All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as ”without prejudice” negotiations for the purpose of applicable laws of evidence.
  • Termination of Mediation – If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

 

  1. Severance
  • If any part of these Terms is found to be void or unenforceable by Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

     

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