TERMS & CONDITIONS

1.General

1.1.    This Website is owned and operated by Bellamy’s Organic Pty Ltd ACN 125 461 903 trading as Bellamy’s Organic and its officers, employees, and agents.

1.2.    The following terms and conditions use the terms “We”, “Our”, “Us” and “Bellamy’s” to refer to Bellamy’s Australia and its affiliates and “You” to refer to the person(s) purchasing Goods from Bellamy’s.

1.3.    These terms and conditions (Terms) govern any purchase of Bellamy’s products (Goods) and apply to all users who access our site (Website), whether or not that user has a registered account. By accessing, browsing or purchasing Goods via this Website, you agree to and comply with the following Terms.

2. Use of Website

2.1.    You must not use this Website to place an order for Goods unless you are at least 18 years old.

2.2.    Your use of our Website and any content posted by you must not:

2.2.1.       harass or harm other people or breach a person’s rights;

2.2.2.    be unlawful, defamatory, promote or incite intolerance, violence or otherwise offensive or objectionable or inappropriate;

2.2.3.     misuse of infringe any Intellectual Property rights or contain anything confidential to you or any other person or entity you do not have the right to disclose;

2.2.4.     be false, fraudulent or misleading or misrepresent your identity; or

2.2.5.    interfere (or attempt to interfere) or disrupt our site or the servers or networks that host our site.

2.3.    If you choose to register on our Website with an account, we request that you do so honestly and accurately and to update us of any changes to your information.

2.4.    All personal information that you give to us will be treated in accordance with our Privacy Policy.

2.5.    It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

2.6.    Bellamy’s reserves the right to modify or update the content of this Website at any time, however, are under no obligation to do so.

3. Orders

3.1.    You may order Goods from us as set out on the Website. If you place an order for Goods on our Website, you are making an order to purchase the Goods for the price listed on the Website (Price).

3.2.    Bellamy’s may, at our absolute discretion, accept or reject an order. If your order is rejected, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of Goods in accordance with these Terms.

3.3.    We may cancel at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Goods you order (for example a Force Majeure Event) or if Goods ordered were subject to an error on our Website (for example in relation to a description, price or image). We will contact you with details you provided when you placed the order.

3.4.    Orders are subject to availability of stock. We do our best to keep our Goods in stock and to keep the Website up to date with the availability of Goods. Bellamy’s shall not be liable to you for any price change, suspension, discontinuation or modification of the Goods.

3.5.     Orders placed through this Website will be honoured with Goods with an expiry date of at least four months, unless otherwise stated in the product description. It is recommended that you read the product description for Goods placed on promotion or advertised at a special rate.

3.6.    By placing an order for Goods, you are declaring that the Goods are for personal use only and will not be made available for resale by you.

3.7.     It is your responsibility to check the order details, including selected Goods, delivery details and pricing, before you submit your order through the Website.

3.8.    Bellamy’s will limit the sale of formula and milk drink to 12 tins per transaction.

3.9.    Bellamy’s reserves the right to cancel or refuse any order that we reasonably suspect is not for personal use or exceeds reasonable quantities for personal consumption. This includes, but is not limited to, multiple orders placed in quick succession or orders we believe are intended for commercial export or resale. Bellamy’s Goods are intended for personal use within Australia only and are not to be commercially exported or resold in any market.

4. Payment

4.1.    You must pay the purchase Price of each order, plus any applicable delivery costs as set out on the Website. Prices for the Goods are subject to change without notice.

4.2.     If you make a payment by debit or credit card, you warrant that you are authorised to use the debit or credit card to make the payment and are not attempting to pay by fraudulent means.

4.3.     All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately. You must pay any customs duties or taxes charged on the Price.

4.4.     The payment methods we offer are set out in the ‘Shipping & Returns’ tab of this Website. We may offer payment through third-party providers. You acknowledge that Bellamy’s has no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

5. Delivery

5.1.    Bellamy’s will deliver the Goods to the Australian address specified in your order.

5.2.     Bellamy’s will endeavour to provide the Goods in a timely manner to the address specified in your order. Any delivery periods are an estimate only. To the extent permitted by law, we will not be liable for late delivery where attempted delivery has occurred or in circumstances where we have evidence of delivery to your delivery address, and you claim you did not receive the delivery.

5.3.    Any person at the designated delivery address who receives the Goods will be presumed to be authorised to accept the Goods.

5.4.    For Australian domestic consignments, invoices for Goods will include a flat rate charge of $18.00 for freight and delivery for Orders where the Goods value less than $150.00. Where the value of the Goods is greater than $150.00, no freight and delivery fees will be charged.

5.5.     Orders are shipped via Australia Post’s eParcel delivery system. Australia Post’s eParcel system will only make 1 attempt to deliver the parcel(s). If no one is available to sign for the parcel it may be taken to a stated Post Office or Mail Centre for collection. Identification and/or signature may be required upon collection.

5.6.    Title of the Goods will remain with Bellamy’s until you have paid the Price in full for the Goods.

5.7.     Risk in the Goods will pass to you as soon as they are delivered to the delivery address you provide in your order.

6. Refunds and Returns

6.1.    If for some reason your parcel does not arrive within a reasonable time frame, please contact us at hello@bellamysorganic.com.au

6.2.    If your order is incorrect, damaged, or not the correct quality, please contact us on Freecall Australia 1800 010 460 or +61 3 6332 9200, or email us at hello@bellamysorganic.com.au to notify us of the problem.

6.3.    Please purchase your Goods with care as Bellamy’s does not accept return of Goods due to a change of mind, or other circumstances. However, you may have rights to repair, replacement or refund under the ACL.

6.4.    Bellamy’s may require you to return Goods that are incorrect in accordance with reasonable instructions at Bellamy’s cost.

6.5.     Please notify Bellamy’s on becoming aware of any damaged or faulty Goods in accordance with clause 6.2. Where any damage or fault is caused by your misuse or neglect, Bellamy’s will not accept a return.

6.6.    Any claim for Goods damaged in transit must be accompanied by a photograph of the affected Goods. If you fail to provide photo evidence of the damaged Goods, to the extent permitted by law, the Goods will be deemed to have been accepted by you and Bellamy’s will not be liable in relation to any later claim for damages.

6.7.     In circumstances in which a replacement or refund is due to you, Bellamy’s will endeavour to provide this within 30 days of receipt of the returned Goods, or otherwise from receipt of the claim.

6.8.    All return claim payments will be made by us using the same payment method used by you for your original order or as otherwise specified by Bellamy’s.

7. Australian Consumer Law

7.1.    Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the ACL.

7.2.    In Australia, our goods come with guarantees which cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

7.3.     You are also entitled to have the Goods replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

7.4.     When you return Goods to Bellamy’s to seek an ACL remedy, you will need to cover any association costs (e.g. delivery costs) of you returning those Goods.

7.5.     Where your claim is a valid claim under the ACL, Bellamy’s will refund your return delivery costs, and depending on the failure, either dispatch a new replacement product or refund you the price of the relevant Goods. Please contact hello@bellamysorganic.com.au for further information.

8. Intellectual Property

8.1.     All Intellectual Property including the copyright and trademarks in all content on this Website belongs to Bellamy’s unless otherwise stated. Nothing contained on this Website or in these Terms should be construed as granting any licence or right to use any Intellectual Property displayed on the Website and we reserve all rights to enforce our Intellectual Property rights to the fullest extent of the law.

8.2.     No content from this Website should be reproduced, republished, duplicated or distributed in any way without Bellamy’s prior permission other than for your own personal use. No reproduction of any party of this Website should be distributed for a commercial purpose, nor should it be modified or incorporated in any other work, publication or site.

9. User Content

9.1.    If you are permitted to post, upload, publish or submit relevant information and content (User Content) on the Website, you grant to Bellamy’s a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, transfer, communicate, publicly display, licence, transmit, stream, post, broadcast, access or otherwise exploit such User Content on, through or by means of the Website and our social media platforms.

9.2.     You agree that you are solely responsible for all User Content that you make available through our Website or on our social media platforms. You warrant and represent that:

9.2.1.     you are either the sole owner of all User Content or you have all rights, licences and releases that are necessary to grant to Bellamy’s the rights in such User Content; and

9.2.2.     neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content on, through or by means of our Website (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9.3.    Bellamy’s does not endorse or approve any User Content and may, at any time (at our sole discretion) remove any User Content.

10. Third-party Links

10.1.    The content on this Website may include links to other sites which are not operated by us. We do not accept any responsibility or liability for access to or material on any site which is linked from or to this Website or for any material on this Website in which the copyright is owned by a third-party.

10.2.    We do not endorse any linked sites or the products or services that are provided by these sites. The content on the linked websites may change over time and you should verify any information with those third parties directly.

10.3.     We invite you to share hyperlinks to our website amongst your friends, family or other contacts for non-commercial purposes (including via other social networking platforms and personal blogs you use).

10.4.     Hyperlinking to this site is not otherwise permitted without our prior written permission. If we request you to do so, you must remove any hyperlinks you have created to this Website.

11. On-sale of Goods

11.1.     You acknowledge and agree, whether directly or indirectly for commercial or for trade purposes, you must not:

11.1.1.     sell or distribute, or engage, assist or permit any other person to sell or distribute the Goods outside of Australia;

11.1.2.     manufacture, or engage, assist or permit any other person to manufacture goods identical to the Goods or use any of Bellamy’s Intellectual Property on similar goods;

11.1.3.     give or make any undertaking, assertion or representation in relation to the Goods without Bellamy’s written consent.

11.2.    It is a violation of the Export Control Act 2020 (Cth) for certain items to leave Australia without appropriate paperwork and documentation.

11.3.    You will indemnify Bellamy’s against any liability or cost incurred by Bellamy’s as a result of your breach of this clause 11.

12. Disputes

12.1.     A party claiming a dispute has arisen must give written notice to the other party specifying the matter in dispute.

12.2.    After a party has given notice of a dispute under clause 12.1, the parties must use their reasonable endeavours to resolve the dispute within 20 business days of the date of that notice, including by making available for a meeting (in person, or via video conference) representatives with authority to settle the dispute.

12.3.    If the dispute is not resolved under clause 12.2, the parties must within a further 20 business days (or further period agreed in writing) seek to agree on a process for resolving expeditiously and cost-effectively the dispute through means other than arbitration such as, and without limitation, further negotiations, mediation, conciliation or any other alternative dispute resolution technique.

13. Warranties

13.1.     Bellamy’s expressly excludes, to the maximum extent permitted by law, all warranties, description, representations, whether implied by statute or made by an authorised representative of Bellamy’s.

13.2.     We do not warrant that the content on this Website will be complete, accurate, reliable, error-free, uninterrupted or secure or that any opinion provided from Bellamy’s is accurate or to be relied upon, and we exclude all conditions, warranties and representations of any kind that may apply to our Website and your use of or reliance on it.

14. Limitation of Liability

14.1.     Nothing in these Terms affects your statutory rights as a consumer. These Terms do not exclude or limit Bellamy’s liability in connection with this Website where it is unlawful to do so including for fraud, fraudulent misrepresentation or death or personal injury caused by our negligence.

14.2. To the maximum extent permitted by law:

14.2.1.     neither party is liable for Consequential Loss;

14.2.2.     each party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that party to mitigate its losses; and

14.2.3.     Bellamy’s aggregate Liability for any Liability arising from or in connection with the Terms (including the Goods and/or subject matter of the Terms) will be limited to and must not exceed, the portion of the Price paid by you for the Goods purchased which are the subject of the relevant claim.

15. Force Majeure

15.1.    Neither you nor Bellamy’s will be liable, and each party will be excused from performance, in whole or in part, for any delay in, or failure to perform, its obligations under these Terms (other than where this is your failure to pay us the price) to the extent that the delay or failure is caused by a Force Majeure Event.

15.2.    We will notify you in the event that your delivery or purchase is affected by a Force Majeure Event.

16. General

16.1.     These Terms and any invoice referencing these Terms govern the provision of Goods and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements, and agreements in relation to their subject matter.

16.2.     Bellamy’s may at any time and at our discretion, vary these Terms by publishing varied terms on the Website. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time and ensure you understand and agree to them. For any order that has been accepted by Bellamy’s, the Terms that apply will be the ones that were in effect when you placed your order.

16.3.     This Website and Goods are for users in Australia only and may not be appropriate or compliant for use elsewhere. Please contact Bellamy’s to receive information on our local distributor in your location for information about suitable Goods .

16.4.    Bellamy’s makes no representation that the Goods and content on this Website are appropriate or available in locations other than in Australia. If you access our Website from another territory, you are responsible for compliance with any applicable laws.

16.5.    Bellamy’s may sub-contract or otherwise arrange for another person to perform any part of our obligations under these Terms.

16.6.    Notices given under these Terms must be in writing and addressed to us at the details set out in clause 16.11. Any notice may be sent by post or email, and will be deemed to have been served on the expiry of 48 hours in case of post, or at the time of transmission in the case of email.

16.7.    These terms are governed by and must be construed in accordance with the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brough in those courts.

16.8.     In these Terms:

16.8.1.     a reference to approval, agreement or confirmation means approval, agreement or confirmation in writing at the relevant party’s discretion;

16.8.2.    when a thing is required to be done or money required to be paid under these Terms on a day that is not a Business Day, the thing must be done or the money must be paid on the net Business Day;

16.8.3.     all currency amounts are in Australian dollars.

16.9.     Clerical errors are subject to correction without notice.

16.10.    If any provision of these Terms are illegal, invalid or unenforceable then:

16.10.1.    where that provision can be modified to give it a valid and enforceable operation of a partial nature, it must be modified to the minimum extent necessary to achieve that result; and

16.10.2.    in any other case, the provision must be severed from these Terms, in which event the remaining provisions of these Terms operate as if the severed provision had not been included.

16.11.     Bellamy’s are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have: Bellamy’s Organic Pty Ltd Telephone: 1800 010 460 Email: hello@bellamysorganic.com.au Mail: Level 1, 179 Queen Street, Melbourne, VIC 3000.

17. Definitions

ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)

Business Days means any day other than Saturday, Sunday, or a public holiday in Victoria, Australia.

Consequential Loss means any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However your obligation to pay Bellamy’s the price of any order will not constitute “Consequential Loss.”

Force Majeure Event means an event that is beyond the reasonable control of either party which may include but is not limited to an act of God, war, revolution or any other unlawful act against public order or authority, interruptions to transportation or telecommunications or cyber security threats, an industrial dispute including strike or other labour disturbances or a governmental restraint.

GST means goods and services tax payable on supplies in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property means any inventions, trademarks, patents, designs, copyright, service mark, name, domain name, logo or application to register any of the rights or materials in which the aforementioned may exist and any corresponding property rights under the laws of any jurisdiction.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence) indemnity or otherwise), howsoever arising whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Last updated: April 2025