www.weanish.com is a website operated by Weanish (ABN 73 027 060 433) (‘we’, ‘us’ or ‘our’)

Please read these conditions carefully

These Terms and Conditions apply to users of the Weanish (ABN: 73 027 060 433) Website. By using this site, you accept and agree to these Terms & Conditions. We suggest that you carefully read the Terms and Conditions that are detailed below as this forms the basis of the sale agreement between you and Weanish when you purchase goods from this Website. If you proceed with your purchase you are acknowledging that you have read and agree to these Terms and Conditions.

We may from time to time, change or add content to this website (including our Terms and Conditions) without notice. At all times, we will try to ensure that the images and descriptions on our Website are as accurate and as close to the actual product as possible. It is essential that you use the actual written descriptions of each product when deciding to purchase a product from Weanish. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.

Our website includes Products available for purchase from various Brands (“Brands”). If you place an order for a Product on our website (a “Product”), you are placing any order with the Brand of the Product, and not us. We make the Products available for purchase (including by taking orders and collecting payment) as the agent of the Brand, and not on our own behalf.

When you place an order to purchase a Product via this Website, you are making an offer directly to the selling Brand. No order shall be deemed to be accepted by the Brand until we (acting as the agent of the Brand) issue an email acknowledgement of order. The contract between you and a Brand will relate only to those goods and/or services notified in the email acknowledgement of order.

If a Brand accepts your order for the purchase of a Product, then an agreement is formed between you and the Brand and you have rights directly and only against the Brand, and not us. We are not a party to that agreement.

If a Brand accepts your order for the purchase of a Product, then the following terms apply to the agreement with the Brand relating to that purchase.

Purchasing

You agree to pay the purchase price specified on the website at the time that you place your order for the purchase of a Product, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars(AUD$) unless you change the currency to America dollars(US$). The onus falls on you as the purchaser to choose the appropriate currency. We will not be liable for any international exchange rates, fees, or charges applicable with currency exchange.  All purchase prices include Australian GST (where applicable). Shipping and any insurance charges will be separately shown.

Prices are subject to change without notice. We will at all times use our best efforts to ensure that the prices on this Website are accurate at any point in time. The prices displayed on this Website are only current at that particular point in time & Brand’s reserve the right to change their prices at any time without prior notice. When price changes occur, they will be automatically updated on our Website.

If the goods are being shipped to an address that is not in the same state or country as the Brand, you or the addressee will be responsible for paying any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (“Other Taxes”) imposed by any applicable government agency in the addressee state or country. The Brand is unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the state or country that the Products are to be shipped to if you are unsure whether any Other Taxes will apply.

You must pay for the Product online by credit card (using stripe as the payment gateway)(we accept Visa, MasterCard, American Express, apple pay and google pay) or PayPal. Your payment will be processed upon receipt of your order. The credit cards that are accepted from time to time will be described on the website. A transaction fee may apply for the use of certain credit cards or PayPal and where this is the case this will also be described on the website.

Cancellations

a. The Brand may cancel an order that it has already accepted if the Brand suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.

  1. While the Brand endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and the Vendor may also cancel an order that it has accepted in such circumstances.
  2. Unforeseen supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in shipping your order the Brand will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Brand ships the Product to you.
  3. You may also cancel an order if the Brand is in breach of these terms.

Shipping

The Brand will endeavour to ship the Product within 2 Business Days of Brand’s receipt of your order, unless otherwise noted in the Product description. Any delivery times displayed on the website are estimates only, based on the information provided to the Brand by its shipping company.

The Brand will deliver the Product to the place of delivery you specify when making your order Title to and risk in the Product, once dispatched, will pass to you.

Due to Covid-19 and physical distancing laws, express post cannot be guaranteed for overnight delivery. It will however still be prioritised and expedited through the Brands dispatch chain. Once in the hands of the shipping company, Brands are unable to continue this prioritised service and it will fall under the shipping companies expedition chain which may be delayed with flight restrictions, lock-down restrictions and/or physical distancing. No refunds of postage will be considered if a delay occurs.

Weanish takes no responsibility for undelivered parcels either domestic or international. Please contact the Brand for any queries relating to an undelivered parcel. The Brand or purchaser will be liable for loss of parcels as per the Brands store policies.

Returns and Exchanges

You can return an item, for any reason, within 14 days of receipt.*

If the item you wish to return is faulty, we will require either photo proof of the faulty item. Individual Brand policy will apply as to whether a replacement or repair of the faulty item or a full refund. Any refunds will be transferred back to the original payment method, e.g. your credit card or PayPal account.

If you change your mind on a purchased item, you will be given a refund or one exchange opportunity to the same value, once the item has been received by the appropriate Brand, and any shipping costs will be paid in full by the purchaser. We cannot refund your account until the item has been received.

Our Brands will only accept exchanges on a case by case basis. All extra shipping costs will be paid for by you, the purchaser. Please contact Brands directly for exchange or refund.

*Items that cannot be refunded for change of mind include: personalised products, made-to-order products, opened food items, used or opened dental items. All items being returned must be dispatched/shipped within 10 days of the return being approved, and must be in original condition and packaging and not affected by being used in an abnormal way, or reduced in value by delay on your part. If these requirements are not met, the brand reserves the right to deny a return.

If for any reason a product you have ordered is not available or out of stock, we will also refund you including shipping costs via the same method you paid with.

We are unable to return or exchange an item that is not being returned or exchanged by the original purchaser.

Rewards

Account Sign up – All user who make a purchase on the Website will automatically be enrolled into our rewards program. As part of the rewards program you will accrue points on purchases which will be redeemable for a nominated value. Users are also able to accrue points on the following actions;

Review Points – points can also be accrued for Approved Reviews left on products. If reviews are duplicated, spam, autogenerated or contain violent, discriminatory or offensive language, we reserve the right to disapprove the review which will not accrue rewards points.

Birth Date Points – If provided, the users birth date will fall under our privacy policy and will not be used or disclosed in any way other than for use within the rewards program. Each user will get this point only once in his lifetime as a customer. Editing of the Birthday date, will not accrue additional points.

Social share points -> Users can share either the Referral code or the referral URL to their friends in order to gain points accrual for both parties.

Reward Credit can only be earned on full-price purchases (i.e. purchases made without using any other Weanish credit, sale discount or promotional code).

Reward redemption can be applied toward the purchase of any Product from participating Brands on this Website.

If a Product purchased using Reward redemption is returned, the reward points will be reinstated to your points balance.

Reward Credit cannot be sold or transferred and is not redeemable for cash.

If we suspend or deny your access to all or any portion of this Website, all unused Reward Credit in your account will be forfeit.

User Terms

As a user of Weanish you agree to not disclose your username, password or log-in details to any individual, group or company. Any purchase made under your username is assumed to be you unless otherwise advised.

If you find that your account or password has been comprised, please reset your password and contact us immediately at hello@weanish.com to inform us of the breach. If you do not inform us, all activity on your account will be assumed in your identity and you will be liable for any costs incurred.

In using this Website, you must not:
i. provide us with inaccurate or incomplete information;
ii. violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these terms and conditions;
iii. impersonate any person;
iv. distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
v. collect or store personal data about other users of this Website; or
vi. engage in any other conduct that inhibits any other person from using or enjoying this Website.

Brands


Much of the information on this Website is provided by our Brands, including all of the information relating to the products that may be purchased from those Brands. While we believe that our Brands are reliable sources of this information, we cannot be responsible for such information.

Brands will endeavour to create accurate listings at all times.

We reserve the right to add or remove Brands and their products at our discretion.

Use of Goods

It is essential that the products purchased from Weanish are only used in the manner for which they are intended to be used and infants are carefully monitored at all times when in use. Please carefully read the directions on the packaging in which the goods are supplied. Products purchased from Weanish may not be modified in any way whatsoever from the condition they were supplied in. Your warranty will be deemed void if this occurs.

Warranties and Liability

The Brand warrants that if any Product fails to comply with the following promises within 30 days of your receipt of the Product, you may return the Product to the Brand for a full refund or store credit as described in our returns and exchanges section.

Each Product will comply in all material respects with any descriptions given on this Website;

Products are items new and not second-hand;

Each Product will be in saleable condition (subject to any defects described on this Website prior to purchase).In addition, if the Australian Consumer Law applies to the Brand’s sale of a Product to you, the Brand provides you with notice of the following guarantee under the Australian Consumer Law:

You are entitled to a replacement or refund for a major failure. Repair of failed goods is not an option. The Brand will refund or replace only. Repair costs will fall to the Purchaser to incur, if so desired.

If the product fails and causes harm, Brands individual personal indemnity insurance will be part of the resolution of the matter. The failure/damage from the product will be a matter dealt with between the Brand and the Purchaser. Starting Solids® will in no way be held responsible or liable.

Mobile Terms of Service

The Weanish mobile message service (the “Service”) is operated by Weanish (“Weanish”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Weanish’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Weanish through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Weanish. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Weanish or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Weanish mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Weanish or email hello@weanish.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy below.

Privacy Policy

Weanish values the strong relationships we have with our customers. The data we collect is handled sensitively, securely and with proper regard to privacy. If making a purchase on the Website you consent to be part of our rewards program. Occassionally, you will receive electronic marketing to inform you about ways you can accrue, access or redeem your points.  If adding yourself to our database via subscription you are also giving permission for your details to be used in conjunction with all electronic marketing campaigns conducted by Starting Solids®.  Starting Solids® is bound by the Privacy Act 1988 (Cth) (“the Privacy Act”) and complies with the National Privacy Principles (“NPPs”) set out in the Act.

Copyright

You acknowledge that this Website and all related content is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”). Images, Logos and fonts relating to Weanish are not to be reproduced or used in any way without prior consent.

We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes. No reproduction of this Website, in either part or full is permitted without prior consent.

Weanish does not permit any linkages to this site without prior permission.

Agreement of Terms

By placing an order with WEANISH, you hereby understand and agree to abide by all the policies set forth by this agreement. These terms are subject to change at any time and you will be notified of such changes. BRANDS reserve the right to refuse any order for any reason. We reserve the right to terminate any account found to be violating this agreement or any of the other terms and conditions stated herein.

WEANISH® Copyright 2022 ABN 73 027 060 433