Terms & Conditions
Draft Only | Awaiting Legal Opinion
Australian Breast Milk Bank Pty Ltd (ABMB) ABN 71616175627
Acceptance of our Terms and Conditions
By accessing our website and purchasing our products (including processed, pooled, human milk in liquid or powder form), you agree to accept these terms and conditions (“Terms”). We reserve the right to change these Terms and your continued use of our website is deemed acceptance of those changes. It is your responsibility to check these Terms from time to time.
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Australian Breast Milk Bank Pty Ltd (ABMB) is incorporated in New South Wales and operates under New South Wales legislative framework and or the jurisdiction of the Commonwealth of Australia and interstate under Section 92 of the Constitution of Australia.
ABMB’s Pure Human Milk products (PHMP) including its ‘Bridging Milk’© is categorized as a food and processed under the laws of the Food Standards Australia New Zealand. Food Standards Australia New Zealand (FSANZ) is a statutory authority in the Australian Government Health portfolio. FSANZ develops food standards for Australia and New Zealand. Legal opinion is that our human milk derived products sourced solely from donor milk supplied by Australian based mothers as it is both expressed voluntarily by the mother and donated as as a gift is not to be regarded as “human tissue” within the meaning of that expression under various state Human Tissue Acts. For assistance, please contact firstname.lastname@example.org
Charges of our products are quoted in Australian dollars and are inclusive of Australian Goods and Service Tax (“GST”) where applicable. The Charges include free delivery unless otherwise displayed at the time you purchase the product.
We will attempt to ensure that all Charges displayed on our website are accurate. However, to the extent permitted by law, we do not warrant that the product descriptions or Charges are accurate, complete, reliable, current or error free. If an error is discovered, we will at our discretion, either:
- discount the item you ordered to the amount of the advertised price if the amount advertised was lower than the amount charged;
- or refund any monies paid for your order in accordance with our returns process below.
Charges of our human milk derived products exclude the cost of the milk itself which is donated freely but includes costs that need to be recovered and allow a shareholders commercial margin, similar to any food or pharmaceutical company practice, to allow continual investment by ABMB in ongoing research, advances in food processing technologies, quality assurance, microbiology, safety, disaster planning with emergency reserves as well as the costs of providing the support of professionally qualified midwives and lactation consultants for donors, mothers and parents including on-going financial and technical support for Mothers’ Milk Bank Charity Pty Ltd:
Recoverable Costs include but are not restricted to transport charges for pickup from the donor’s home to ABMB’S, donor tracking, the testing and analysis of the milk including for recreational drugs, viruses, multi-step pasteurization, and related operational costs including management, staff payroll, processing facility rental, phone system, as well as humanitarian support where there is an inability to pay.
We take the continuance of supply very seriously but there may be occasions where our website advertises a product that is out of stock. Where we cannot fulfil your order, you will be advised by telephone, email or by the method of contact provided by you in the order process.
We will endeavour to either dispatch your order as soon as new stock arrives or if we cannot obtain the stock, refund monies paid by you.
Placing of orders
By placing an order with us, you are offering to enter into an agreement with us. We will issue an order confirmation once we have received payment in full from you. Our order confirmation can be taken as an acceptance of your offer.
We will endeavour to dispatch all orders as soon as we can.
Details of delivery costs will be displayed at the time you purchase the products. Please ensure you have included in your order a delivery address and contact details for delivery during business hours.
Cancellation of orders by us
We reserve the right to not provide you with the products at our discretion and at any time. If we do cancel an order for which you have paid in full, we will refund your money unless the cancellation arose from your Default.
- your delivery address details are not accurate; or
- we have not received your payment in full.
Cancellation of orders by you
We do not offer a refund or return if you change your mind. If you have placed an order but wish to cancel the order, you must contact us immediately. If we have already received payment in full by you or we have sent you an order confirmation, cancellation of an order is at our discretion, subject to your statutory rights (see ‘Returns, exchanges and refunds’ below).
All content on this website including information, photographs, artwork, names, logos and trade marks are the property of ABMB or used by ABMB under licences from third parties. Apart from any use permitted under the Copyright Act 1968, you may only use the content of this website solely for the purposes of browsing the website, communicating with us and for acquiring the products.
Third party links
Our website may contain links to third party websites. We do not have control over the content of those websites and links to those websites should not be taken as endorsement of those sites.
Other terms and conditions
From time to time we may conduct fundraisers or other activities and when we do, there may be additional terms and conditions that apply to those specific activities. Please always check the web-pages that contain information about those activities for any additional terms and conditions.
Returns, exchanges and refunds
PRODUCTS DELIVERED LATE
All of our delivery time frames are estimates only. We will work with Australia Post to ensure that we do our best to deliver within our estimated time frames.
PRODUCTS YOU RECEIVED WAS NOT THE PRODUCT ORDERED
If you do not receive the product that you ordered, we will at our discretion, either:
- replace the product at no cost to you; or
- provide you with a full refund.
You must within 30 days of receiving the product contact us and provide us with your order confirmation number. We will send you a prepaid envelope for resending the product back to us and we will deliver the ordered product to you or provide you with a refund.
YOU HAVE CHANGED YOUR MIND AND DO NOT WANT THE DELIVERED PRODUCT ANYMORE
For ABMB’s pure human milk products, for example ‘Bridging Milk’ we do offer a refund if the pack returned to ABMB is unopened, not damaged, and in the same condition as when sent to you providing it is returned within 2 months of the date your order was dispatched.
Please contact us if you have any concerns about the products.
Call Toll Free 1300 437 311 (24 x7) | Email email@example.com
Limitation of Liability
Nothing in this these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law (set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would:
- contravene that statute; or
- cause any term of this agreement to be void,
Except in relation to Non-excludable Obligations, all implied conditions, warranties, guarantees, rights, remedies, liabilities or other terms are expressly excluded.
ABMB’s liability to you arising directly or indirectly in connection with the supply of the products or your use of the products (including loss or damage arising from ABMB’s negligence) is:
- except in relation to Non-excludable Obligations, limited to the price of the goods supplied; and
- in relation to Non-excludable Obligations, limited to the remedies available under the Australian Consumer Law or other applicable statute.
These Terms are governed by the laws of New South Wales, Australia. You agree to submit the non-exclusive jurisdiction of the courts of New South Wales.
Call Toll Free 1300 437 311 (24 x7)
Post: AUSTRALIAN BREAST MILK BANK PTY LTD ABN 71616175627 of U 5B 3 CENTRAL Avenue, Thornleigh New South Wales 2120