1. Scope
1.1 These terms and conditions (the "Terms") apply to all orders and contracts made by customers ("you") through our website https://www.123kidstalk.com/ (the "Shop") for (i) a subscription to rent boxes containing new and used children's items ("Essentials PLUS and Essentials MAX") or (ii) the subscription containing intellectual property (Essentials) or (iii) the purchase of used children's items, books, or activities ("CB Item").
1.2 Any individual agreements made with you (including side agreements, additions, or changes) will always take precedence over these Terms. The content of such agreements will be determined by a written contract or our confirmation (such as emails or letters).
1.3 Any legally important statements or notices from you about the contract (e.g., setting deadlines, reporting problems, cancellations) must be in writing. This does not change any legal requirements for formal notices or additional proof, especially if there are doubts about who is making the statement.
1.4 References to the validity of specific laws are only for clarification. Even without these references, the laws still apply unless they are directly changed or specifically excluded in these Terms.

2. Making a Contract
2.1 The display of Essentials, Essentials PLUS and Essentials MAX (collectively known as Chatter Boxes) and CB Items in the Shop is not a binding offer to make a contract for a subscription.
2.2 Here's how a contract for a subscription is made:
2.2.1 In our Shop, you can first choose your first Chatter Box from different options, each designed for a specific age group.
2.2.2 After choosing your first Chatter Box, you can select a subscription period (e.g., quarterly, half-yearly, annual).
2.2.3 You can add the selected subscription to your virtual shopping cart. You can then add more subscriptions or products (CB Items) if available, to your cart.
2.2.4 To complete an order, click the checkout button in your shopping cart. You'll be guided through the checkout process. Before submitting your order, you can read these Terms by clicking the link (Terms and Conditions) in the footer. By submitting an order, you confirm that you accept these Terms. Your order is a binding offer to rent, subscribe or buy the products in your cart.
2.2.5 Before submitting your order, you can correct your information (e.g., payment method, shipping address, subscription period) by going back in the process. You can cancel the order by closing your browser window.
2.2.6 You'll receive an order acknowledgment after submitting your order. This is not an acceptance of your order. A contract is only formed when we accept your order by sending a shipping confirmation, or by delivering the goods.
2.2.7 The contract terms, including details of the ordered products and these Terms, will be emailed to you with the order confirmation.
2.3 You can buy a CB Item from a Chatter Box by keeping it at the end of the rental period and not returning it with your next exchange. Keeping the CB Item is a binding offer to buy it. We can accept your offer by sending you an invoice. Prices for CB Items are available at: https://www.123kidstalk.com. Navigate to the Chatter Box page, select your Chatter Box and click on the item that you want to keep to view the price. You can contact us to advise us that you want to keep an item at https://www.123kidstalk.com/keep
2.4 If you damage a CB Item, you can order a replacement by contacting us at team@123kidstalk.com. This does not affect your warranty rights.

3. Customer Portal
3.1 As a 123 Kids Talk customer, you can access your Customer Portal anytime by entering your registered email address. A one-time password will be sent to that address. If you don't receive it, check your spam folder or ensure the email address is correct.
3.2 In your Customer Portal, you can manage your subscription, view orders, change shipping address and payment details and view payments.
3.3 If you have any problems with the login or navigation, contact 123 Kids Talk Customer Support at team@123kidstalk.com.

4. Prices and Payment
4.1 The subscription price is shown in our Shop and during checkout. Prices for used CB Items you want to keep are on our website: https://www.123kidstalk.com/pages/chatter-boxes. Navigate to your Chatter box and click on the item that you would like to keep to view the price. You can advise us if you want to keep an item at https//www.123kidstalk.com/keep. Delivery and return fees will be shown during checkout.
4.2 All prices include GST (Goods and Services Tax).
4.3 The subscription price is payable monthly in advance. The first payment is due when the contract is made. If you don't return a CB Item or choose to keep it, we'll invoice you, and payment is due within seven calendar days. Payments are made by credit card.
4.4 If a payment fails due to insufficient funds, incorrect card details, or if you object to the payment without a valid reason, you'll be responsible for any fees charged by your bank. If there's a chargeback, you don't respond to our emails, and you don't return the rented items within 14 days, all rented items will be charged at the full retail price of $200 per box. All charges, including box cost, shipping, and admin fees, will be handled by our debt collection agency.

5. Box Exchanges: Delivery and Return
5.1 We only deliver within Australia.
5.2 Your first Chatter Box should arrive within seven business days after you receive the order confirmation. "Business days" do not include public holidays in Melbourne.
5.3 We'll email you when your Chatter Box ships, with tracking information and a link.
5.4 Chatter Box Exchange: All Essentials PLUS and Essentials MAX Chatter Boxes are rented for a suggested period. "Exchange" means returning your current Chatter Box to get a new one for the next age group. We'll notify you of the exchange date at least seven days before the end of the rental period. You can exchange your Chatter Box early if you want or you can keep it longer if you want. Once we determine the date that you want to return the current Chatter Box we will send you a prepaid shipping label. Please apply the label to the box and drop the box at the nearest Australia Post We'll ship the new Chatter Box to your Shipping Address once we receive notification of receipt from Australia Post. You can change your return shipping date through your Customer Portal.
5.5 Essentials Chatter Boxes are subscription only and do not need to be returned. Please contact us at teams@123kidstalk.com to advice us if you want the next box earlier or later.
5.6 For more information about shipping and returns, contact us at team@123kidstalk.com.

6. Your Responsibilities
6.1 Handle the CB Items with care and use them only as intended. Don't remove any markings or labels.
6.2 You can't rent the CB Items to others or let them use them without our written permission. This doesn't apply to people living in your household. You can't use the CB Items as collateral or transfer ownership of them.
6.3 You can't modify the CB Items. Normal wear and tear from use is not considered modification. The same applies to fixing defects.
6.4 If any CB Items are damaged or lost, tell us immediately in writing (email to team@123kidstalk.com is fine). You're responsible for any damage of the CB Items, except for fair wear and tear.

7. Claims for Defects
7.1 Your rights if there are problems with the CB Items are covered by law, unless these Terms say otherwise.
7.2 If you find a defect, email us immediately at team@123kidstalk.com.
7.3 If a CB Item is defective, we can choose to either fix it or send you a new one. We can refuse to do either if the law allows.
7.4 You must give us time to fix the problem.
7.5 You must prepare the defective CB Item to be returned to us for inspection right away.
7.5 We will send or email a return shipping label for the defective CB Item to be returned to us.
7.6 Normal wear and tear: Sometimes, CB Items might show normal wear and tear but still work fine. Examples include extra or faded colours, scratches, etc. If you think the item isn't working properly, don't use it. Just pack it up when you exchange your Chatter Box, and our team will check and fix it.

8. Start, Length, End, and Cancellation of Subscription
8.1 Your subscription starts when you receive your first Chatter Box.
8.2 You choose the subscription length when ordering (up to 12 months). Remember, we only offer Chatter Boxes for children up to 36 months old. So, if your child is 24 months old, a 12-month subscription would be suitable.
8.3 After the initial period (1, 3, 6, or 12 months), your subscription automatically continues on a monthly basis unless you cancel with one month's notice. You can cancel anytime after the initial period, but you must give one month's notice. You can't cancel during the initial period. To cancel, use the Customer Portal or email team@123kidstalk.
8.4 The termination of the contract without notice for good cause (extraordinary termination) remains unaffected. Good cause shall be deemed to exist if the party giving notice of termination cannot reasonably be expected to continue the contract until the expiry of the notice period, taking into account all the circumstances of the individual case, in particular any fault on the part of the contracting parties, and weighing up the interests of both parties.
8.5 If you purchase a used CB Item, you can withdraw from the purchase contract according to the legal provisions.

9. Data Protection
Our privacy policy is available on our website.

10. Changes to the Terms
10.1 We may amend these Terms at our reasonable discretion, as long as the changes don't affect our or your major obligations and are reasonable for you.
10.2 We'll inform you in writing of any changes at least six weeks before they take effect. If you don't object in writing within six weeks of receiving the notice, the new Terms will become part of the contract. If you object within that time, the original Terms will continue to apply. We'll explain your right to object and the consequences in the notice.

11. Final Provisions
11.1 If any part of these Terms is invalid, ineffective, or unenforceable, the rest of the Terms will still apply. We'll replace any invalid part with a valid provision that comes closest to what we intended, considering the meaning and purpose of these Terms.