Terms & Conditions
Terms and Conditions
Mater Mothers’ Hospitals’ Products (Mater Products) are owned and distributed by Mater Misericordiae Limited (Mater). The below terms and conditions relate to transactions made on the Mater Mothers’ Hospitals’ Products’ Online Shop available at www.materbabyproducts.com.au.
About these Terms and Conditions
Accessing our website
We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may need to restrict access to our website (wholly or partly). You are responsible for making all arrangements necessary for your own access to our website. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms and Conditions, and that they comply with them.
Terms and conditions for all current special offers are published on our website with navigable links to the terms and conditions made available.
Competitions and promotions Terms and conditions for all current competitions and promotions are published on our website with navigable links to the terms and conditions made available.
Promotional codes Promotional Codes are only applicable to cost of the product and are not applicable on shipping costs unless explicitly specified. Promotional codes are valid for customers of our Online Shop and cannot be combined with any other promotional code. Promotional Codes apply to end-use consumer purchases and do not apply to wholesale, trade or bulk purchases. Mater reserves the right to verify the validity of any order and may at its sole discretion cancel orders or refuse to fulfil orders where the promotional offer has been claimed by a non-qualifying customer.
Our Mater Products are extra mild and only contain ingredients proven to be non-irritating. We often receive feedback from parents of older children and even adults themselves that our Mater Products have been suitable for their skin because of their extra gentle nature. However, every person’s skin is different. If you or your child have a specific skin concern, we recommend that you speak with your doctor or child health practitioner before using any products on the skin.
If you find that a Mater Product purchased on the Online Shop does not meet your needs, please contact us to discuss a product exchange or refund.
We endeavour to ensure that all Mater Products listed on our website are accurately described. Unfortunately, on some occasions it is possible that our website may contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order.
We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.
Our Website Changes Regularly
We aim to update our website regularly, and may change content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.
After you have placed your order and we have processed your payment we will provide you with an order confirmation by email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer to purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is complete.
In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may choose to have a replacement/substitute product sent to you or a refund to the value of the unavailable product. We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.
Prices, payment and GST
All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by various methods, including by credit card (Amex, Visa and MasterCard) and via Paypal. Retail prices set out on our website are subject to change effective immediately upon posting to our website or other form of notification.
We use industry standard encryption to keep your personal information secure throughout the payment process. We will not be liable for any damages or losses (whether direct or indirect) caused if a member's card is used fraudulently.
We offer free shipping Australia-wide on orders of $100 or more. For orders less than $100, shipping is charged at $10 per order. We use Australia Post Parcel Post.
Express shipping is not available at this time. For faster fulfilment, you may wish to contact one of our retail partners in your area.
We do not offer international shipping at this time.
Products purchased through our Online Shop are shipped via Australia Post Parcel Post. You should receive your parcel in 2 to 5 days, or a little longer for country areas. We work hard to process all orders as quickly as possible and we will send you an email to let you know when your item has been dispatched by us or if we anticipate delays.
If you are not present when Australia Post delivers your goods they will leave an official note for collection and you will need to collect from the assigned local Australia Post outlet. Authority to leave a parcel unattended is not available at this time.
Update 17.03.2020: From Tuesday 17 March 2020 until further notice, we will not provide a refund where you have simply changed your mind about Mater Baby Products (nappies & skin care).
If you are not completely satisfied with your Mater Product, please contact our Product Customer Care Team via email at email@example.com or by calling 1300 162 837. If you change your mind, you may return an unopened item to us within 60 days of purchase for a refund or exchange.
If a product does not perform as described or does not meet your needs, you may return the unopened or opened item (or part thereof) to us within 120 days of purchase for a refund or exchange. Unfortunately items are occasionally damaged in transit. If an item arrives and the packaging or the item itself is clearly and significantly damaged, please contact us within 60 days (but ideally sooner) to organise a refund or replacement. If we require you to return the product to us, we will pay the cost of the return. Very occasionally we may accidentally ship the wrong item to you. If you have received an incorrect item, please contact us within 60 days (but ideally sooner) to organise for the correct item to be sent to you.
Faults and Warranty Claims Mater Products warrants all goods to be free from defects in materials and workmanship, and of acceptable quality and durability for the purpose for which they are designed. Warranties and guarantees are provided in accordance with Australian Consumer Law. If an item arrives that is missing parts, is faulty, is defective or has been damaged during manufacturing, please contact us within 60 days (but ideally sooner) to organise a refund or replacement at your election.
Your consumer rights The goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. If your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible and our customer care team will look after you.
To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website, products or services or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion: in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; andin the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question. You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our website, or any other products or services accessed via our website.
We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our website, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.
You must not take or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
You must not use any part of the materials on our website, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You are not permitted to copy, publish or use any of the content in any way, whether personal or commercial, without our prior written permission.
Third party websites
Where our website contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
You may link to our home page provided your links do not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other site. Our site must not be utilised by third party web crawlers (or similar) in order to take content from our site for any purpose. We reserve the right to withdraw linking permission without notice.
Viruses and Hacking
You must not misuse our website by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.
Whilst we do our best to ensure that our website is virus-free, you acknowledge that the Internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.
You consent to receive communication from us electronically, either by email or by us posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of the internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website. Any changes are effective immediately upon posting to our website. Your continued use of our website thereafter constitutes your agreement to all such changed Terms and Conditions. Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using our website.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
If any provision in these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.
Contacting Mater Products
You can contact our Mater Products Customer Care Team via email at firstname.lastname@example.org or by calling 1300 162 837 during normal business hours, Monday to Friday, excluding public holidays..