Terms of Service for Customers

Hello and welcome to Swoop Baby! These are our Terms of Service (“Terms”) which apply to all customers of Swoop Baby [ABN 33618464231] (“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). If you do not agree, unfortunately you won't be able to purchase any of our Products online.

Before Purchase

Things you need to do before purchasing Products on our Website

Before you buy anything from our website, there are a few things you should know:

You need to use any special offers, gift codes or coupons at the time of purchase - they can't be applied after the fact; and
Once you place an order, we may not be able to cancel it, as it will have already been processed and paid for by us.

Acknowledgements you make when purchasing on our Website

Whilst we aim to do our best, please be aware that there could be:

Occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions;
Colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products;
Some Products with limited quantities.

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.

Safe Sleep Guideline Acknowledgement

By purchasing Products from our Website, you acknowledge that you have read, understood, and agree to adhere to the Safe Sleep Guidelines as recommended by Red Nose Australia (formerly SIDS and Kids). You understand the importance of following these guidelines to ensure the safety and well-being of your child when using our Products. You agree that it is your responsibility to ensure that all Products are used safely and appropriately, and in accordance with the Safe Sleep Guidelines, including, but not limited to, placing your baby on their back to sleep, keeping the cot free of toys and loose bedding, and ensuring a smoke-free environment.

After Purchase

Things you need to know after purchasing on our Website

After purchasing something from our Website, there are a few more things you should know:

if you have issues with late, stolen, or damaged deliveries, please contact Australia Post or the courier company directly;
please follow the manufacturer’s or our instructions in relation to the Product;
if you have any issues with the Product and require a refund, please contact us via email at within 48 hours;
if there is a dispute, please keep all communications confidential.

Things we’d love you to do after purchasing on our Website

We love hearing from our customers and seeing their experiences with our Products. If you have any photos, videos, testimonials, and/or case studies we'd be thrilled if you would share them with us! We might even use them for marketing and information purposes, publications, exhibitions and professional awards across print or digital mediums, including our social media channels.

Please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but don't want us to use it, it is your responsibility to notify us immediately at hello@swoopbaby.com

Other matters you should be aware of

We may change information on our Website

Except as required by law, we may change shipping information, availability, Product information, prices, promotions and any other information on our Website.

We make deliveries at your option and your cost

The areas we deliver to are those that are published on our Website. These areas may change from time to time as we are able to service a larger area. We will process your delivery upon receipt of payment and send your Products via Australia Post or a reputable courier company. Delivery times will depend on your location and any selected delivery option. Any international customers are responsible for any custom and import duties.

We comply with the Australian Consumer Law

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

Except as required by law, we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds except as required under the Australian Consumer Law, and as set out below. For example, we do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturer's and our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information.

Money Back Guarantee

We are committed to the satisfaction of our customers and believe in the quality of our Swaddles. Therefore, we offer a 14-day Money Back Guarantee. If, for any reason, you are not completely satisfied with your purchase, you may return it to us for a full refund. Please note that the following conditions apply to this guarantee:

The swaddle must be returned within 14 days of receipt by you.
The swaddle must be in its original condition, unused, and in its original packaging.
You must provide proof of purchase.
You are responsible for the return shipping costs.

To initiate a return under this Money Back Guarantee, please contact us at hello@swoopbaby.com. Upon receipt and inspection of the product, we will process your refund. Please allow up to 10 business days for your refund to be credited back to your original form of payment.

This Money Back Guarantee is in addition to, and does not affect, your rights under the Australian Consumer Law.

If we need to cancel your order, we will provide a refund

On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission.

We can refuse to serve you and sell Products at any time

We may stop providing our Website and Services at any time. We may also stop you using our Website and Services, and stop you purchasing any of our Products if you breach this Agreement.

Liability and Indemnity

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Product.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

the replacement of the products or the supply of equivalent products; or
the payment of the cost of replacing the products or of acquiring equivalent products.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, and in connection with any failure to adhere to the Safe Sleep Guidelines.

Force Majeure

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

If there is a dispute

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

Other

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Force Majeure Event means any event beyond our control which prevents us complying with our obligations under this Agreement, including, but not limited to any pandemic, "Act of God" such as fires, earthquakes, floods, war or hostilities, riots, strikes, disorder, or acts or threats of terrorism or electrical failure, changes to regulations, travel limitations, or weather events.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.

Products means any product available through our Website, and includes any baby sleep products such as swaddles, bassinet and cot sheets, headwear, bow headbands and beanies, sleeping bags, comforters and onsies.

We, us, or our means Sarah Clifton t/as Swoop Baby [ABN 33618464231] and includes any of our employees, agents, partners, and contractors.
Website and Services means swoopbaby.com, and everything available on this website including, but not limited to, all Products and any services.

Gift Card Terms and Conditions

By purchasing, redeeming, or attempting to redeem a Gift Card, you accept and agree to be bound by these Gift Card Terms and Conditions, and acknowledge that you have read and understood our Terms of Service.

Gift Cards are valid for a period of 32 years from the date of issue and must be redeemed within this validity period. Any unused balance will not be refunded or credited upon expiry.
Gift Cards may only be used for purchases on the Swoop Baby website and are not redeemable for cash. No change will be given for transactions less than the value of the Gift Card, but the balance may be applied to future purchases.
Gift Cards cannot be returned or refunded, except as required by law. Lost or stolen Gift Cards will not be replaced or refunded. Swoop Baby accepts no responsibility for lost or stolen Gift Cards.
Gift Cards are to be treated as cash. They cannot be reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law.
Multiple Gift Cards may be redeemed on a single order, and Gift Cards can be used in conjunction with other promotional offers.
To redeem your Gift Card, enter its unique code at checkout. If the order total exceeds the Gift Card value, the remaining balance must be paid with an alternative payment method.

Referral Program Terms and Conditions

By participating in the Swoop Baby Referral Program, you agree to abide by these Referral Program Terms and Conditions. These terms apply to individuals who refer others (the "Referrer") and individuals who are referred (the "Referred Customer") to the Swoop Baby website and services.

Eligibility: To participate in the Referral Program, both the Referrer and the Referred Customer must be at least 18 years of age. Employees of Swoop Baby and their immediate family members are not eligible to participate.
How to Refer: The Referrer must share their unique referral link provided by Swoop Baby. The Referred Customer must click on the referral link and complete a purchase on the Swoop Baby website for the Referrer to be eligible for a referral reward.
Referral Reward: For each successful referral, the Referrer will receive a promotional code worth 120% off their next purchase on the Swoop Baby website. The Referred Customer will also receive a promotional code worth 120% off their first purchase.
Limitations: The referral reward promotional code is valid for a single use and cannot be combined with other offers or discounts. The promotional code will expire 12 months from the date of issue. There is no limit to the number of referrals a Referrer can make, but Swoop Baby reserves the right to cap rewards if deemed necessary.
Restrictions: Referral links should not be published or distributed on commercial websites (e.g., coupon websites, Reddit, eBay) or on blogs. Swoop Baby reserves the right to disqualify any Referrer and Referred Customer if it determines, in its sole discretion, that the Referral Program is being abused.
Privacy: Personal information collected from Referrers and Referred Customers will be used and disclosed in accordance with the Swoop Baby Privacy Policy.
Termination and Changes: Swoop Baby reserves the right to terminate the Referral Program or to change these terms and conditions, how the referral rewards are to be allocated, and the definition of a successful referral at any time without notice.
Decision Final: Decisions of Swoop Baby are final and binding with respect to any disputes concerning the Referral Program, including interpretation of these Terms and Conditions, determination of the validity of referrals, and the right to terminate the referral reward.

By participating in the Referral Program, participants agree to release and hold harmless Swoop Baby, its directors, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the Referral Program.

These Referral Program Terms and Conditions are in addition to the Terms of Service and do not in any way amend or replace other terms and conditions or agreements you may have with Swoop Baby.