Babysafe

Credit Card transactions and Online Payment Terms

Definitions

Account means the account held at your financial institution or your credit card from which we are authorised to arrange for funds to be debited.

Agreement means this Automatic and Direct Debit Service Agreement between you and us.  Banking day means a day other than a Saturday or

a Sunday or a public holiday listed throughout Australia. Direct debit request means your authority for us to pay our invoices/amounts due to us by direct debit from your account and includes a credit card authority. Debit day means the day that payment by you to us is due. Debit payment means a particular transaction where a debit is made or due. Us or we means BABYSAFE CHILD RESTRAINTS PTY LTD A.C.N 611 216 383 and any authorised agents or licensees from which you acquire the services in respect of which the debit payment is due. You means the customer who signed or made the direct debit request. Your financial institution is the financial institution where you hold the account or the credit card that you have authorised  us to arrange to debit.

 

  1. Debiting your account

By agreeing to pay us by direct debit, you have authorised us to arrange for funds to be debited from your account or by automatic payment from your credit card of amounts which fall due for payment by you to us that includes;

  • Payment of the Initial Hire/Rental Fee; and
  • Payment of any Additional Hire/Rental Fees.

 

Initial Hire/Rental fees are the initial fees payable for the initial rental and hire of any Babysafe Products.

Additional Hire/Rental fees are any fees payable to Babysafe such as but not limited to fees to extent the rental term, product damage repair costs, product replacement cost, insurance premiums, postage or transport fees.

 

  1. Changes by us

We may cancel or vary any details of this agreement at any time by giving you at least fourteen (14) days’ written notice.

 

  1. Changes by you
    • Subject to 3.2 and 3.3, you may change the arrangements under a direct debit request by contacting us on 02 9905 2455
    • If you wish to stop or defer a debit payment you must notify us in writing at least 7 days before the next debit This notice should be given to us in the first instance.
    • You may also cancel your authority for us to debit your account at any time by giving us 7 days notice in writing before the next debit This notice should be given to us in the first instance.

 

  1. Your obligations
    • It is your responsibility to ensure that there are sufficient clear funds or credit limit available in your account to allow a debit payment to be made in accordance with the direct debit
    • If there are insufficient clear funds in your account to meet a debit payment or for any other reason a debit payment is not made when it is due:
      • you may be charged a fee (such as an overdrawn or dishonour fee) and/or interest by your financial institution;
      • you may also incur fees or charges imposed or incurred by us; and
      • you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds or credit limit to be in your account by an agreed time so that we can process the debit
    • You should check your account statement to verify that the amounts debited from your account are
    • If we are liable to pay goods and services tax (“GST”) on a supply made in connection with this agreement, then you agree to pay to us on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST
    • The authorisation given to draw on the nominated account must be identical to the account signing instruction where the account is
    • You must advise us if the account nominated by you is transferred, closed or

 

  1. Dispute
    • If you believe that there has been an error in debiting your account, you should notify us directly on 1300 85 85 85 and confirm that notice in writing with us as soon as possible so that we can resolve your query more
    • If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) We will also notify you in writing of the amount by which your account has been adjusted.
    • If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this
    • Any queries you may have about an error made in debiting your account should be directed to us in the first instance so that we can attempt to resolve the matter between us and you. If we cannot resolve the matter you can still refer it to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your

 

  1. Accounts

You should check:

  • with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions;
  • your account details which you have provided to us are correct by checking them against a recent account statement;
  • to ensure your credit card remains current; and
  • with your financial institution before completing the direct debit request if you have any queries about how to complete the direct debit

 

  1. Confidentiality
    • We will keep any information (including your account details) in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that
    • We will only disclose information that we have about you:
      • to the extent specifically required by law; or
      • for the purposes of this agreement (including disclosing information in connection with any query or claim).

 

  1. Notice
    • If you wish to notify us in writing about anything relating to this agreement, you should write to Baby Safe Child Restraints

48 Sydenham Road Brookvale 2100.

  • We will notify you by sending a notice in the ordinary post to the address you have given us in the direct debit
  • Any notice will be deemed to have been received on the third banking day after

 

Additional Terms

The Contract is subject to our Privacy Policy and our Credit Card Payment Policy. Please review our Privacy Policy, which also governs our data collection practices. Our policies may be found on our website.

2. The Renter warrants that Renters personal particulars and information as supplied to the Supplier are correct and acknowledges that the Supplier relies on the truth and accuracy of these representations.

3. The Rental Period is the period that the Safety Restraint is rented by the Renter as provided in the Contract. Hire charges will commence from the date stated in the Contract and will continue during the Rental Period until the Safety Restraint is returned to the Supplier.

3.1 Subject to clauses 6 and 7 the Renter is entitled to use and hold the Safety Restraint for the Rental Period and any authorised extension to the Rental Period.

3.2 At the end of the period the Renter agrees to return the Safety Restraint to the Supplier in a clean and serviceable condition.

3.3 If the Safety Restraint is not returned to the Supplier on time as outlined in the Contract will incur further hire costs at the same rate as listed in the Contract.

4. The Renter agrees to pay the Supplier on demand at the Supplier’s address as stated in the Agreement: (a) a rental charge for the safety restraints; (b) a deposit charge for the safety restraint;

(if the renter has not breached this Agreement the deposit charge will be refunded to the renter on the discharge of the Agreement). (c) other additional charges including that may be incurred.

5. The renter agrees: (a) To accept full responsibility for the safe-keeping of the Safety Restraint and will indemnify and keep indemnified the Supplier for all loss, theft or damage however caused. (b) To report immediately to the Supplier any damage to the Safety Restraint or any accident involving the vehicle, to return forthwith after any such damage or accident (or as soon thereafter as is reasonable in the circumstances) the Safety Restraint to the Supplier to enable the Supplier to examine the Safety Restraint and to complete the Supplier’s accident information report.

6. When the safety restraint is an infant restraint and when the renter’s child: (a) reaches six months of age; (b) reaches a weight of 9 kilograms or more; or (c) reaches a length of 700 millimetres or more, the renter agrees that he shall return forthwith (or as soon thereafter as is reasonable in the circumstances) the infant restraint to the Supplier.

6.1 If the Supplier supplies the Safety Restraint with instructions on the safe and proper operation of the Safety Restraint. The Renter undertakes to ensure that no-one uses the Safety Restraint who is not properly instructed in the use of the Safety Restraint and shall not allow the Safety Restraint to be misused.

6.2 The Renter acknowledges and agrees that, subject to other parts of these conditions and the Contract, if the Renter is in breach of these conditions or the Contract, the Supplier shall be entitled to terminate the Contract and to repossess the Safety Restraint or any part thereof immediately by providing the Renter a written notice of such termination.

6.3 The Renter will indemnify and keep the Supplier indemnified from and against all losses, claims, demands, costs and expenses whatsoever and howsoever arising to the Supplier from the Renters breach of the Contract.

7. The Supplier may at any time for the safety of the renter or the Renter’s Child recall and retake possession of the Safety Restraint. If a renter has not breached this Contract the Supplier shall at the time of repossession provide the renter with a replacement Safety Restraint similar to the safety restraint repossessed. The Renter hereby authorises the Supplier (upon production of this document) to enter upon any premises where the Supplier reasonably believes any Safety Restraint or any part thereof to be, and if, and in so far as, the Supplier in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.

8. The renter acknowledges his interests in the Safety Restraint is as a bailee of the Supplier only and he agrees not to part with possession or dispose or encumber or assign any right or interest in the Safety Restraint.

9. Where the Renter is more than one person, liability shall be joint or several.

10. Waiver by the Supplier of any breach of this Agreement shall not constitute a waiver of any subsequent or continuing breach.

11. Words importing gender shall include other genders and words importing number shall include both the singular and the plural.

12. The Supplier shall not be liable for any loss or damage suffered by the renter or the renter’s child or any other person arising out of the use or operation of the safety restraint or the supply of the safety restraint, including that caused by the negligence or default of the Supplier, save and except for either the replacement of the safety restraint or the payment to the renter of the cost of obtaining a replacement safety restraint. Provided that nothing in this clause shall limit or vary any liability which may arise under the Australian Consumer Law, except to the extent that liability may be limited or varied.

13. Nothing in this Agreement shall be taken to mean that the Supplier endorses or guarantees the quality of the Safety Restraint rented and it is hereby agreed that the renter shall indemnify the Supplier from and against all action suits claims demands costs charges damages and expenses to which the Supplier shall or may be liable for or in respect of any breach loss damage accident or injury of whatsoever nature and kind and howsoever sustained or occasioned and whether to property or person and in any way arising in respect of the quality or renting of the Safety Restraint.

14. Any failure by the Supplier to enforce any or all of these conditions shall not be construed as a waiver of any of the Supplier’s rights here under.

15. Should any condition be unenforceable, it shall be read down to be enforceable or, if it cannot be read down, the term shall be severed from the Contract without affecting the enforceablilty of the remaining conditions.

16. We reserve the right, in our sole discretion, to change the Terms under which the rental of the Safety Restraint is offered. The most current version of the Terms will supersede all previous versions.