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

Child Wise means Child Wise Limited.

Child Wise website means the website operated by Child Wise at www.childwise.net.

goods means the goods or services described on and made available for sale through the Child Wise Website.

GST and other terms defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given in that Act.

intellectual property right means any copyright, patent, trademark, design or other right arising out of industrial or intellectual endeavour.

you means you the customer and includes anyone acting on your behalf or with your express or implied authority.

•                     These Terms and Conditions of Sale (the Sale Terms and Conditions), together with the Terms and Conditions for using the Child Wise Website and the Child Wise Privacy Policy (together, the Governing Documents), constitute the entire contract between Child Wise and you for the purchase of goods listed on the Child Wise Website.  The contract cannot be varied unless Child Wise agrees to vary it in writing or by email.

•                     You acknowledge that no sale under the Governing Documents constitutes a sale by sample.

•                     Subject to clause 1 and clause 10, you have the right to seek a refund if the goods you bought are not of acceptable quality, do not match the description given or have defects that were not obvious or were not brought to your attention when you bought the goods.

•                     You do not have the right to seek a refund if you simply change your mind, buy the wrong goods, find the goods cheaper elsewhere, use the goods in a way that the goods were not made for or caused the goods to become damaged.

•                     In making any claim for a refund of goods from Child Wise, you agree, if requested to do so by Child Wise, to do the following:

•                     at your own cost, provide evidence (photographic or other evidence as may be reasonably requested by Child Wise) of the reason for your refund claim (such as evidence of the defect or mis-description); and

•                     if requested to do so by Child Wise, return to Child Wise at Child Wise's cost the goods the subject of the refund claim.

•                     The depiction of goods on the Child Wise Website, whether visual or textual, is not to be construed as an obligation to sell but merely an invitation to treat.  Your order is an offer to buy the goods which we may accept, in whole or in part, by providing the goods to you.  Any acknowledgement of your order is only to confirm receipt of your transmission.

[Note: To be discussed with Child Wise.]

•                     Unless otherwise stated, the price excludes insurance charges and includes delivery charges [(Note: include this section if prices do not include delivery and/or there is international shipping), save in the circumstances set out in clauses 6(b) and 6(c) below].

•                     You authorise Child Wise to charge your nominated credit card or other electronic payment facility accepted by Child Wise with the price and applicable GST, delivery and insurance charges.

•                     Risk in the goods passes to you upon dispatch by Child Wise to your nominated address.

•                     Title to the goods passes to you with the later of passing of risk or upon the receipt by us of full payment of the price and applicable GST, delivery and insurance charges.

•                     Child Wise delivers the goods through Child Wise's Website:

[Use this option where the price of standard delivery is included in the sale price:

(a)           within Australia, at Child Wise's cost by parcel post or similar (the delivery method being at Child Wise's sole discretion);]

[Use this option where the price of delivery is additional to the sale price:

(b)           within Australia, at your cost by any method (such delivery method and costs to be prior agreed in writing by Child Wise and prepaid by you before Child Wise despatches the goods); ]

[Also include this section if Child Wise is shipping goods internationally:

(c)           outside Australia at your cost (the delivery method and costs to be agreed beforehand in writing by Child Wise, such agreement which may be withheld at Child Wise's discretion acting reasonably, and to be prepaid by you before Child Wise despatches the goods).]

•                     You agree either by yourself or by your nominee to complete and sign Child Wise’s delivery receipt on receipt of the goods.  Any claims by you for short or wrongful delivery of goods must be endorsed on Child Wise’s delivery receipt at the time of delivery and notified to Child Wise in writing within 14 days of delivery.  You agree to absolutely waive your right to make a claim for short or wrongful delivery after the lapse of the period of 14 days after delivery of the goods.

•                     Child Wise will endeavour to arrange delivery as quickly as possible, subject to availability.  To the maximum extent permitted by law, we will not be liable to you if delivery is delayed or products are forwarded to the wrong destination, even if we have specified an indicative delivery time.

•                     All intellectual property rights used or developed by or on behalf of Child Wise in the execution of your order will be owned by Child Wise and the sale and purchase of the goods does not confer on you any licence or rights under any intellectual property right owned by Child Wise.

•                     Child Wise reserves the right to sub-contract the manufacture and/or printing and/or supply and/or delivery of any goods or any part of the goods provided under or contemplated by this contract.

•                     Subject to the below, all conditions, warranties and guarantees implied or expressly included by statute, the common law, equity, trade, custom or usage or otherwise are expressly excluded to the maximum extent permitted by law.

•                     For the avoidance of doubt, consumer guarantees pursuant to Part 3-2 of the Australian Consumer Law will continue to apply to the purchase of the goods under this contract.

•                     You acknowledge that neither Child Wise nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in writing as being made or given by Child Wise in these Sale Terms and Conditions, on the Child Wise Website, in a usage guide supplied with a Child Wise product or incorporated by statute, whether as to the fitness of the goods for any particular purpose or any other matter.  You further acknowledge that you alone are responsible for determining the fitness of the goods for the purposes for which you intend to use them if this differs from the purpose represented in these Sale Terms and Conditions, on the Child Wise Website or in a usage guide supplied with a Child Wise product.

•                     You agree to release, hold harmless and indemnify Child Wise and its related bodies corporate to the maximum extent permitted by law from and against any claim, loss, liability, cost and expense whatsoever and howsoever arising (including, without limitation, from negligence or wilful misconduct on the part of Child Wise or others) in connection with the sale of the goods by Child Wise.

•                     To the maximum extent permitted by law, you agree that notwithstanding any other provision of this contract, Child Wise's aggregate liability (whether to you or any other person claiming through or in relation to you) for all claims made in any circumstances under or in relation to this contract does not exceed the amount of the actual payments Child Wise has received from you under this contract for the goods in relation to which such liability arises.

•                     To the maximum extent by permitted by law, Child Wise is not liable in any way for any special, indirect or consequential loss or damage or loss of business or profit (including anticipated) or any loss of data including, without limitation, any loss by reason of delay, defective or faulty materials or workmanship, negligence or any act or matter or thing done, or permitted or omitted to be done, by Child Wise.

•                     To the maximum extent permitted by law, Child Wise is not liable for any failure or delay in the performance of any of its obligations hereunder due to a cause beyond its reasonable control and in such a case this contract may be cancelled, suspended or varied at Child Wise’s option without any liability to you.

•                     For the avoidance of doubt, the Sale Terms and Conditions do not exclude the remedies relating to consumer guarantees applicable to the sale of goods which are available to you and Child Wise under Part 5-4 of the Australian Consumer Law.

•                     Failure by Child Wise to insist upon a strict performance of any term or condition herein shall not be deemed a waiver thereof or of any rights Child Wise may have and shall not be deemed a waiver of any subsequent breach of any term or condition.

•                     You must not, in a commercial context, re-sell or offer for sale the goods except with the written permission of Child Wise and subject to any additional terms imposed by Child Wise.

•                     You agree that Child Wise may collect personal information about you, or your employees or officers, in order to supply our products and services and for related purposes, including to provide updates about Child Wise's products and services, including by electronic means.  You can always let us know you do not want any further updates, or request more information about Child Wise's privacy practices, or request access to your information, by contacting Child Wise at +61 3 9645 8911 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by writing to Child Wise, PO Box 451, South Melbourne VIC 3205, Australia.  Please see the Child Wise Privacy Policy at

Last updated April 2011.