The following Terms and Conditions are entered into by and between You and The Trustee For Ferrari Trading T/A's Swaddle and Bloom (“S&B”, “we”, or “us”).  

The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), govern your access to and use of our equipment, services, and website, including content offered through www.swaddleandbloom.com.au.  

By using our equipment, services, and website, you accept and agree to be bound, and abide by these Terms & Conditions and our Privacy Policy, incorporated herein by reference.  

If you do not want to agree to these Terms & Conditions, including the agreements incorporated by reference herein, you must not access or use our equipment, services, or website.  

CHANGES TO THE TERMS & CONDITIONS 

We may revise and update our Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the equipment, services and our website thereafter.  

Your continued use of our equipment, services and our website following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes.  

DEFINITIONS 

“Equipment” means the items hired out by Swaddle & Bloom to the Hirer.  

“Hirer” and “you” means any person, company, corporation or government agency, or its representative who shall hire equipment or engage the services from Swaddle & Bloom.  

“S&B”, “we”, “us” and “our” means The Trustee For Ferrari Trading (ABN: 26 028 335 383), trading as Swaddle and Bloom.

“Terms” means these Terms and Conditions.  

1. OWNERSHIP 

The equipment supplied for hire remains at all times the property of S&B.  

2. INSPECTION 

As part of the S&B’s stringent quality assurance process, all of our equipment is checked, counted and cleaned prior to dispatch.  

It is the Hirer’s responsibility to check all of the ordered equipment on delivery or collection, and the Hirer must notify S&B of any breakages or missing items within eight (8) hours of receiving the equipment for hire.  

The Hirer acknowledges that they are aware of the proper use for which the equipment hired is designed and has inspected the equipment.  

The Hirer expressly agrees that the equipment is: 

2.1 in satisfactory working order; 
2.2 is fit for the purpose; and 
2.3 is of a quality and specifications as ordered. 

3. CHARGES & TERMS 

3.1 the Hirer will be charged $25 per week for late returns.  

3.2 the Hirer will be charged a $25 cleaning fee if the equipment is not returned in a clean condition, in accordance with S&B Product Care Guidelines, which are included on our FAQ page.

The Hirer agrees to pay S&B’s hire charge and any other charges, including charges for loss, damage and repairs, until the equipment is returned by the Hirer to the premises of S&B, or the Hirer notifies S&B in writing that the equipment is ready for collection.  

If the Hirer requests S&B transport the equipment to, or from, S&B premises, the Hirer shall pay S&B all charges and expenses incurred by S&B in delivery, and collecting the equipment, in addition to the hire charges.  

S&B reserves the right to amend or revise its rate or prices without notice. 

4. PAYMENT TERMS 

Full payment for the hire of equipment is required prior to delivery or collection of the bassinet.

The Hirer authorises S&B to debit the Hirer’s credit card or deduct from the allocated bond any subsequent loss, damage, repairs or other expenses with the amount shown on the relevant invoice.  

Refunds or cash bonds relating to amendments of contracts, must be made prior to three days from the delivery/collection, minus any subsequent expenses, which will be refunded by direct deposit to the credit card provided seven (7) days after the return date of the hire items.  

5. REFUNDS & RETURNS 

Once the Hirer has made their purchase, equipment hire services are non-refundable, unless there is a defect with the equipment (not due to the Hirer changing their mind). If the Hirer is unhappy with the equipment, the Hirer must contact S&B as soon as possible (within 6 hours) to receive a complimentary service to adjust any dissatisfaction.  

6. RIGHT TO REFUSE SERVICE 

S&B reserves the right to refuse service to anyone demonstrating inappropriate behaviour to any member of our staff.  

7. THE HIRER’S OBLIGATIONS 

The Hirer must: 

7.1 authorise that the details provided are true and correct, as S&B relies on the truth of these representations.  

7.2 acknowledge that he or she has inspected the equipment upon delivery or collection, and agrees that the equipment is in good conditions and in working order;  

7.3 accept responsibility for the equipment hired, from the time of its delivery, until collection or by return to S&B;  

7.4 use equipment in a proper, safe and prudent manner, and only for the purpose and capacity for which it was designed;  

7.5 not to modify or permanently attach anything to the equipment for their own purposes whilst on hire;  

7.6 ensure all equipment is returned, or made ready for collection by S&B, is in a clean and undamaged condition (per S&B Product Care Guidelines); and  

7.7 assume the risk of and indemnify, and hold S&B harmless from, and against, any and all property damage and personal injury resulting from the use of equipment.  

7.8 keep itself acquainted with the state and condition of the equipment and ensure that it remains in a safe, serviceable and clean condition. Any breakdown or any unsatisfactory working of the equipment must be immediately notified to S&B. Under no circumstances shall the hirer repair or attempt to repair the equipment unless the hirer obtains S&B prior written consent. Unless otherwise required by the Australian Consumer Law, any cost of repairing the equipment by the hirer will be borne by the hirer. If requested by S&B, any equipment, which the hirer claims requires repairs, must be returned to our premises by the hirer for examination.

8. PROPERTY 

The Hirer acknowledges that S&B may inspect the equipment at any time during the period of hire, and the Hirer shall provide all assistance and co-operation necessary to facilitate such inspection of the equipment.  

9. LOSS OF OR DAMAGE TO EQUIPMENT 

If, on the return of the equipment to S&B, the equipment, or part thereof (including storage trays, Perspex bassinet and waterproof mattress) that are lost, damaged, broken or stolen whilst on hire will be charged to the Hirer at full present day replacement value. It is the obligation of the Hirer to immediately inform S&B of any Equipment lost, damaged, broken or stolen whilst on hire.  

If the equipment is found by S&B to be in an unclean condition or not in a substantial working order, the Hirer shall pay to S&B the cost and expenses of restoring the equipment to a clean condition and good working order. Hire items that are returned with damage and are unable to be restored will be charged at full replacement cost.  

The Hirer accepts full responsibility to compensate S&B for the value of the equipment or parts thereof which may be lost or stolen from the time of commencement of the hire or delivery, whichever is earlier, until the equipment is returned to S&B’s premises or collected by S&B. This right shall not be prejudiced by or prejudice any other right under these terms. S&B is not required to be held liable for any breakages or missing items unless expressly evidenced, and agreed, between S&B and the Hirer.  

10. RELEASE & INDEMNITY 

The Hirer hereby releases S&B from, and agrees to indemnify S&B in respect of any third-party claims, action, suits, demands, costs and expenses for damage or injury to person, death, loss of income or damage caused to the Hirer or its property arising directly or indirectly out of the hire or use of the equipment by the Hirer or these terms.

The Hirer shall indemnify and keep indemnified and save harmless S&B and our servants and agents from all damages, suits, actions, claims, losses , injury, costs, expenses, fines and demands of every description whatsoever and howsoever arising either directly or indirectly from use, maintenance, transport, operation of the equipment or otherwise and whether resulting from the negligence of S&B, it’s servants or agents or otherwise.

S&B are not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the equipment by the Hirer or any other persons using the equipment during the hire period.

11. INSURANCE 

The Hirer must maintain, at its own expense, all appropriate policies of insurance: 

11.1. for theft and damage to the equipment hired in an amount not less than the full replacement cost of the equipment; and  

11.2 for liability, property and casualty insurance cover in amounts necessary to fully protect S&B and its equipment against all claims, loss or damage whatsoever. 

12. REMOVAL 

The Hirer must not remove the equipment from the listed home address without the consent of S&B, except for the purpose of returning the goods to S&B’s premises.  

13. FORCE MAJEURE 

If S&B is unable at any time to perform any of its obligations whether wholly or partly by reason of any cause beyond its control (including without limitation, acts of god, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities or act of war) S&B may give written notice to that effect to the Hirer, giving full particulars of such force majeure in which case the obligations of S&B under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. S&B shall not be liable for any loss or damage suffered by the Hirer as a result of any delays caused by such force majeure events.  

14. ACCEPTANCE OF TERMS AND CONDITIONS 

The Hirer hereby unconditionally accepts these terms and acknowledges that its acceptance is a condition precedent to taking possession of the equipment from S&B.