Terms of service

BACKGROUND: 

1.1 The following Terms and Conditions (these “Terms") govern your access to and use of the MEKE BABY website and mobile application as a Visitor. The terms “we”, “us”, “our”, and “MEKE BABY” refer to MEKE BABY. The terms “you”, “your”, and “Visitor” refer to all those who view and interact with MEKE BABY’s website and mobile application. Both MEKE BABY and Visitor shall be referred to collectively as ‘parties’. 

1.2  “Goods” refer to any product which is supplied by Meke Baby to the Customer.

1.3 “Website” means the website appearing at the URL mekebaby.co.uk 

1.4 Nothing in these terms and conditions shall be read or applied so as to exclude, restrict, or modify, or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law 2010) and which by law cannot be excluded, restricted or modified.

2. ORDERS

2.1 The Visitor may place Orders for any Goods through this website. 

2.2 Once an order is placed, you shall be notified of the estimated delivery time for those Goods. If there are any anticipated delays in the anticipated delivery date, you will be notified by one of our customer representatives.

2.3  Payment for any Goods (including GST and shipping costs) will be required in full at the time of placement of any order. Any freight or transportation costs associated with the delivery of the Goods will be borne by the Customer.

2.4 In the event that there are any delays in the estimated delivery date due to circumstances which are beyond our control, including any force majeure event, we will make all reasonable efforts to fulfill the order but do not accept responsibility for any such delay.

2.5 If you decide to cancel or change any order, you must notify us immediately of the cancellation or change. Orders may not be canceled once the Goods have been dispatched for delivery. If the order has already been dispatched for delivery, you will be liable for the cost of the Goods and delivery charges associated with those Goods.

2.6 All Goods must be inspected by you at the point of delivery and checked for any defects or faults. Any fault or damage to the Goods must be reported to us within 24 hours of receiving your order, including a detailed description of the damage or fault as well as photographic or video evidence clearly identifying the damage or fault. If no fault or damage to the Goods are reported to us within this period, it is assumed that the Goods are accepted as fit for purpose and no responsibility for any subsequent damage to the Goods will be taken by MEKE BABY.

3. SHIPPING AND DELIVER

3.1 Any deliveries outside of ______ will be shipped and delivered by normal or specialised couriers. 

3.2 In the event that no one is present to accept delivery, you acknowledge that you accept all potential risk liability with respect to those Goods once delivered.

3.3 If delivery of your Goods is delayed or is unable to be completed for any reason, the shipping service provider will try to communicate with the Customer directly.  We will be contacted by the shipping service provider if they are unable to get in touch with the Customer directly. Some common causes for shipping delays and failed delivery attempts may include:

3.3.1 Missing Delivery Street Address. In this instance, we will attempt to contact the Customer to obtain the needed information.

3.3.2 Missing Delivery Contact Number. Our assigned delivery drivers and our operations team require a contact number in case they need to contact the Customer for any concerns regarding the delivery.

3.3.3 Incorrect Address. Orders cannot be delivered when the delivery address provided is incorrect. It is important that the Customer check if the correct delivery address has been entered when placing an order.  In the event delivery was attempted to the incorrect address provided, a re-delivery and change of delivery address fee will be charged.

3.4 All external shipping and delivery services we organise are strictly at the request and on behalf of the Customer.  All risk of loss or damage to the goods passes to the Customer when we dispatch the Goods and the assigned shipping service provider or agent has taken receipt of the Goods on behalf of the Customer.

4. WARRANTY, RETURNS, AND EXCHANGE POLICY 

4.1 All our Goods are manufactured using high-quality components and materials.

4.2 Where a Good has been listed on the Website at the incorrect price or with incorrect descriptive information or incorrect image, we reserve the right to cancel the order. If payment for that order has been received, we will return the payment in the same form as we received it as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

4.3 In the event that the Customer wants to return any Goods purchased from us that have been delivered, received, and accepted in good order, as permitted by law, it is at our absolute discretion to accept or reject this request if the reason for return is:

4.3.1 Change of mind

4.3.2 Ordered Wrong Goods

4.3.3 Did not Like the Goods

4.3.4 No longer requires the Goods

4.4 We will not consider accepting return of Goods for credit after 14 days of the purchase date or if the Goods are not in original condition and cannot be sold as brand new.

4.5 UK Consumer Rights provides certain guarantees to consumers in relation to Goods and services that cannot be excluded. Our liability for breach of any guarantee implied by the UK Consumer Rights is, to the extent permitted by UK Consumer Rights, limited to the repair of the Goods, or, at our option, the replacement of the Goods or the supply of equivalent goods or the payment of the cost of repair, replacement or supply of equivalent goods.

4.6 We do not take any responsibility for any damage caused to the Goods as a result of any of the following once the Goods are in your possession: any chemical substance (including cleaning products) applied to the Goods; any hard impact by any blunt object, sharp or abrasive material; ordinary wear and tear.

4.7 You are not entitled to recover damages from us for any default or otherwise under this agreement for indirect or consequential loss, including loss of use, loss of profits, loss of opportunity, damage to reputation or special, exemplary, or punitive damages.

4.8 To the fullest extent permitted by law, all terms which might be implied by statute are excluded and our liability for any claim relating to the provision of the Goods, whether pursuant to contract, tort, statute law or otherwise, is limited to the resupply of those Goods. 

5. INTELLECTUAL PROPERTY RIGHTS 

5.1 The copyright to all content on this Website including applets, graphics, images, layouts, text, source code or compilation belongs to us or we have a licence to use those materials.

5.2 All trademarks, brands, and logos generally identified either with the symbols TM or ® which are used on this Website are either owned by us or we have a licence to use them. Your access to our Website does not license you to use those marks in any commercial way without our prior written permission.

5.3 Any comment, feedback, idea or suggestions that you provide to us through this Website become our property. If in the future we use your comments in promoting our Website or in any other way, we will not be liable for any similarities that may appear from such use. Furthermore, you agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your comments.

5.4 If you provide us with comments, you acknowledge that you are responsible for the content of such material including its legality, originality, and copyright.

6. EXCLUSION OF LIABILITY 

6.1 When interacting with MEKE BABY’s website and/or mobile application the Visitor agrees that they shall not bring any legal action or claim compensation on the basis of incorrect information being displayed on MEKE BABY’s website and/or mobile application. All information displayed is subject to human error and will be excluded from all legal claims against MEKE BABY. 

6.2 The Visitor agrees that they will not hold MEKE BABY liable for any financial loss, personal injury, or property damage that is sustained due to the Visitor’s reliance on the information displayed on MEKE BABY’s website and/or mobile application. All displayed information is for reference only and cannot be taken to constitute fact. 

7. INACCURATE, MISLEADING, OR FALSE INFORMATION 

7.1 In the event that information displayed on MEKE BABY’s website and/or mobile application is inaccurate, misleading, or completely false the Visitor is encouraged to report this to MEKE BABY. 

7.2 All reports regarding inaccurate, misleading, or completely false displayed information should be sent to MEKE BABY at info@mekebaby.com.uk 

8. PRIVACY 

8.1 The Visitor agrees that any personal information provided to MEKE BABY through the use of our App or Website shall be subject to our Privacy Policy displayed on our website at https://mekebaby.co.uk/policies/privacy-policy

8.2 The Visitor may contact us regarding their personal information at info@mekebaby.com.uk

9. ENTIRE AGREEMENT

These Terms of Use contain the entire agreement between the Visitor and MEKE BABY regarding the terms of use of MEKE BABY’s platform and supersede any and all other agreements between both Parties with respect to matters in these Terms.

10. NO WAIVER

No waiver of any provisions in these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Additionally, if any provision of these Terms is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. 

11. INTERPRETATION 

Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid. If any provision of this Agreement is declared void or unenforceable by any judicial or administrative authority, this shall not nullify the remaining provisions of this Agreement, provided that the cancellation of such provision does not substantially alter the economic interest of either Party in the continued performance of this Agreement. 

12. PERFORMANCE

The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

13. SEVERABILITY

In the event that any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.

14. THIRD-PARTY RIGHTS

This Agreement is not intended to benefit or be enforceable by any third party. The exercise of the rights of both the Visitor and MEKE BABY under this Agreement is not subject to the consent of any third party. 

15. LEGAL AND BINDING AGREEMENT 

15.1 This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in England and Wales. The Parties each represent that they have the authority to enter into this Agreement.

15.2 The Parties hereby confirm that complete fulfilment of the objectives of the Agreement and performance of the respective obligations are important to them, for the purposes of which they are ready to execute all necessary additional contracts/agreements if for any reason this Agreement does not ensure full performance of the obligations and objectives hereof.

15.3 Any modification or amendments of this Agreement shall be in writing and shall become effective if and when signed by both Parties.

15.4 Introduction of any changes and amendments to this Agreement is allowed only by the written agreement of the Parties, which shall be executed as a separate agreement and shall be appended to this Agreement as an integral part hereof.

16. UPDATES OF TERMS

MEKE BABY reserves the right to amend these Terms at any time in order to meet changes in the regulatory environment, and business needs, or to satisfy the needs of our customers.  When we do, we will also revise the “last revised” date at the bottom of these Terms.

17. LINKS TO OTHER WEBSITES

17.1 MEKE BABY is not responsible or liable for any content presented by or contained on any independent website, including, but not limited to, any advertising claims or marketing practices. Please note that MEKE BABY cannot control and will not be responsible for the privacy policies of third-party websites. Third-party websites that are accessed through links on our websites have separate privacy and data collection practices and security measures. MEKE BABY has no responsibility or liability for the practices, policies, and security measures implemented by third parties on their websites. We recommend that you review the privacy statements and policies of linked websites to understand how those websites collect, use, and store information.

17.2 You may link our Website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

18. JURISDICTION  

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms of Use, or the rights and obligations of MEKE BABY or Visitor in connection with the Site, shall be governed by and construed in accordance with, the substantive laws of England and Wales without regard to conflicts of law principles. These Terms are governed by the laws of England and Wales.  

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World Health Organization (WHO) Disclaimer 

When using any products sold on our website the purchaser must ensure that they prepare, store, and handle baby milk in accordance with WHO guidelines. We shall not be held responsible for any injury, loss, or damage that results from the purchaser’s failure to comply with WHO guidelines. The full WHO guidelines can be found using the following link: the Safe preparation, storage and handling of powdered infant formula: guidelines