THE PERFECT NOGGIN

Rental Terms and Conditions

These terms set out how our rental service works, what you can expect from us, and what we ask of you. We have kept the language as plain as we can. Nothing in these terms removes any rights you have under the Australian Consumer Law (or, for New Zealand customers, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986). If anything is unclear, please email us at support@theperfectnoggin.com.au before you buy.

At a glance

This summary is for convenience only. The detailed terms below take precedence if there is any difference.

Important safety information

1. About this agreement

1.1 Parties. This agreement is between The Perfect Noggin Australia Pty Ltd (ABN: 11 676 337 778) (“The Perfect Noggin”, “we”, “us”) and you, the parent or guardian renting one of our products.

1.2 Nature of agreement. This is a rental agreement, not a sale. The Perfect Noggin and any accessories (such as covers) remain our property at all times and must be returned at the end of your rental period.

1.3 Eligibility. To rent from us you must be 18 or over and renting for personal household use, for a baby in your care. You must not sub-hire, sell, gift, lend or use the product commercially.

1.4 Outright purchases. If you have purchased a Perfect Noggin outright, that is a sale and is governed by our standard purchase terms, not these rental terms.

1.5 Acceptance. By placing an order you agree to these terms. We may update these terms from time to time. Any update only applies to new rentals placed after the update is published. The terms that applied at the time of your booking will continue to govern your current rental.

2. Definitions

In these terms:

• “ACL” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• “Fair wear and tear” means deterioration that naturally occurs from normal, careful use of the product over the rental period. It does not include tears, cuts, foam compression beyond a normal flat impression, mould, lasting odours, biological contamination, or damage caused by misuse.
• “Clean and dry” means visibly free from food, fluids, vomit, faeces and urine, and general moisture. The Perfect Noggin must be stored in a dry indoor environment.
• “Lasting odour” means any smell (including from smoke, pets, or strong cooking) that does not lift after our standard cleaning process.
• “Rental period” means the period set out in clause 3.
• “Replacement value” means the current recommended retail price for a new equivalent Perfect Noggin.

3. Rental options and period

3.1 Duration. You may rent for either 6 weeks or 12 weeks. You may extend your rental in line with clause 3.5.

3.2 Clinic pick-up and drop-off:

• You collect from and return to a participating clinic, unless otherwise specified by The Perfect Noggin.
• Pick-ups cannot start on a Saturday or Sunday.
• Bookings must be placed at least 1 business day before pick-up.
• Please wait for our “ready to collect” email before visiting the clinic. If a clinic delay or stock issue prevents pick-up, we will reschedule, source from another clinic, post directly to you or refund you in full at your choice.
• Your rental period starts on the day you selected (usually when you collect the product from the clinic).

3.3 Postal hire:

• Dispatched from Brisbane (Australia).
• Your rental period starts on the day specified in the agreement (we allow a 6 day buffer for posting/transportation), not the day we dispatch.
• If your tracking shows the product as delivered but you have not received it, contact us within 2 business days so we can assist.
• Carrier delays outside our reasonable control are not our responsibility, but we will work with you and the carrier to help resolve them. If a delay materially shortens your rental period, contact us and we will offer a fair extension or refund.

3.4 End date. Your end date is the last day of your rental period. We will email reminders before your end date.

3.5 Extending your hire. You may extend by purchasing a “Hire Extension – Weekly” on our website before your end date. Once paid, we will update your end date and reminders. Extensions are not automatic; the product must be returned by the updated end date or late return provisions in clause 8 apply.

4. Product care, condition and hygiene

4.1 Our cleaning standards. Between each rental, we:

• Inspect the foam core for compression, tears, staining or any sign of damage and remove from rotation any product that fails inspection.
• Wash the cover at a minimum of 60°C using a non-perfumed detergent suitable for infant skin contact.
• Sanitise the foam surface in line with our internal cleaning protocol.
• Track each Perfect Noggin against a unique asset number so we can monitor its rental history and retire it from service when needed.

4.2 Pre-rental condition record. Before each dispatch or clinic placement, we record the condition of the product. On request, we will provide you with this record. You are entitled to inspect the product on arrival and to flag any pre-existing damage to us within 48 hours of receipt. We will not charge you for any pre-existing damage that you have flagged within that window.

4.3 If you suspect the product has not been properly cleaned. Contact us at support@theperfectnoggin.com.au with photos, and we will arrange a replacement at our cost or a full refund of the hire fee at your choice. We take this seriously and will not charge you for return shipping in these circumstances.

4.4 Your obligations. You agree to:

• Read and follow our written instructions and the safety information in these terms.
• Use the product only as an infant sleep product, in line with our written instructions, the warnings in clause 5, and Safe Sleep guidance from Red Nose (Australia) and Health New Zealand (Te Whatu Ora).
• Keep the product clean and dry.
• Avoid exposure to smoke, pet hair, mould or sources of lasting odour.
• Not modify, repair, alter, or attempt to clean the foam core yourself.
• Not allow anyone other than members of your household to use the product, and not sub-hire, on-sell, or use the product commercially.
• Notify us as soon as possible of any damage, loss, or incident.

4.5 Allergy and skin sensitivity. Tell us before booking if your baby has a known allergy or skin sensitivity that may be relevant. We can share details of materials and detergents used. If your baby develops any skin reaction, stop use and seek medical advice.

4.6 Fair wear and tear. Normal wear from regular careful use is expected and free of charge. Charges only apply where damage goes beyond fair wear and tear (clause 9).

5. Safety and intended use

5.1 Safe Sleep. You must use the Perfect Noggin in line with Safe Sleep guidance from Red Nose (Australia) and Health New Zealand (Te Whatu Ora). That means: place your baby on their back; on the firm, flat sleep surface of the Perfect Noggin; with no pillows, blankets, sheepskins, soft toys, sleep positioners, bumpers, or other accessories; and only the cover supplied with the product. Do not modify the product or use any third-party accessory with it.

5.2 Supervision. Use of The Perfect Noggin is permissible without supervision provided the infant is not yet rolling. If the infant is rolling, or demonstrates signs of rolling, the product must only be used under adult supervision. 

5.3 When to stop using the Perfect Noggin. Stop using the Perfect Noggin and contact us if any of the following occur:

• Your baby is suffering from severe reflux or breathing.
• Your baby is sick with the common cold/flu or other allergy affecting breathing.
• Your baby has begun rolling from back to front (The Perfect Noggin must then be used under adult supervision).
• You notice any irritation, breathing concerns, or other symptom that worries you (and seek medical advice).
• The product shows any sign of damage, wear, or contamination that you cannot resolve through normal cleaning.

5.4 Not a medical device. The Perfect Noggin is not a medical device under the Therapeutic Goods Act 1989. It is not a treatment for plagiocephaly, brachycephaly, torticollis, or any other medical condition.

5.4 No medical advice. Information we provide on our website, in our Parent Hub, in support emails, or through our partner clinics is general in nature and does not constitute medical advice. You should make decisions about your baby’s care in consultation with your GP, child health nurse, or paediatric physiotherapist.

5.6 Clinic referrals. Where a clinic appears in our “Find a Physio” directory or recommends our product, this does not constitute a medical recommendation by us. Each clinic operates independently and is responsible for its own clinical advice.

5.7 Reporting incidents to us. If your baby is involved in any incident, injury or unexpected health event while using or in connection with the product, please tell us as soon as you reasonably can at support@theperfectnoggin.com.au. We may be required by law (including under the Australian Consumer Law) to report certain events to the Australian Competition and Consumer Commission within 2 days of becoming aware. Reporting incidents helps us keep all our customers safe.

6. Payments and security pre-authorisation

6.1 Checkout charges. At checkout you pay the hire fee and the cost of any extensions you have already selected. Return shipping is included via a prepaid label.

6.2 Security pre-authorisation ($150). We use a third-party provider, DownPay, to place a $1 holding authorisation on your card. This grants us limited authority to charge up to $150 to that card later, and only in the specific circumstances set out in clauses 8 and 9 (late return, non-return, or damage beyond fair wear and tear). The $150 cap is the maximum amount we will charge under this authorisation.

6.3 Lapsing of authorisation. If your product is returned on time and in good condition, the authorisation lapses, usually within 3 business days of our return inspection.

6.4 DownPay. By accepting these terms you also agree to DownPay’s own terms of service for the holding authorisation. The card data used for the authorisation is held by DownPay, not by us. If our relationship with DownPay ends mid-rental, we will contact you about an alternative arrangement, or release the authorisation entirely.

6.5 GST. All Australian prices include GST where applicable. New Zealand prices include GST where applicable.

6.6 Itemised statements. If we charge any amount under the security authorisation, we will provide you with an itemised statement showing what the charge is for. You can request an itemised breakdown of any fee or charge at any time.

7. Returning the product

7.1 Clinic returns. Drop the product to the original clinic by your end date during their normal opening hours. The clinic will sign for receipt; this is your proof of return.

7.2 Postal returns. Lodge the return parcel using the prepaid label by or before your end date. Lodging at an Australia Post or NZ Post outlet (with a tracking receipt) counts as the return date.

7.3 Lost labels. The prepaid return label is included with the original shipping package. Any replacement label required after this initial label will be provided at your expense. 

7.4 Chain of custody. Once you have lodged the parcel or handed the product to the clinic, our records and the carrier or clinic record become the source of truth for the return date.

8. Late returns and non-returns

8.1 Late return fee. Returns lodged after your end date incur a daily late fee, calculated on a reasonable pro-rata basis against the standard hire rate of $40 per week. The total late fee is capped at $150 (the security amount).

8.2 Non-return notice. If we have not received the product within 7 days of your end date, we will send you a written notice asking for the product to be returned. The notice will:

• Identify the product and your end date.
• Set a reasonable cure period (no less than 2 days from the date of the notice).
• Explain the next steps if the product is not returned within that period.

8.3 Replacement value. If the product is not returned within 14 days of your end date, and we have given the notice in clause 8.2, we may treat the product as non-returned and charge the lower of (a) the $150 security amount or (b) the replacement value of the product. We will provide an itemised statement showing how the amount has been calculated.

8.4 Disputes. If you dispute a late return or non-return charge, follow clause 11 (disputes).

9. Damage and cleaning

9.1 Standard cleaning. Small marks that wash out as part of our normal cleaning process are part of fair wear and tear and are not chargeable.

9.2 Chargeable damage. Charges only apply where the damage goes beyond fair wear and tear, including:

• Structural damage, tears, cuts, or significant compression to the foam core that makes the product unsafe or unsellable for further rental.
• Mould or biological contamination beyond what our standard cleaning can safely remove.
• Lasting odours from smoke, pets, or other sources that do not lift after our cleaning process.
• Loss or destruction of the cover, where a replacement is needed.

9.3 Fee cap. Charges under clause 9 are capped at $150, except where the damage means the product cannot be economically repaired or returned to service, in which case the replacement value applies (and we will give you an itemised statement showing how that value has been calculated).

9.4 Photo evidence. If we charge for damage, we will provide photos and a written description of the damage with our itemised statement.

10. Cancellations and our supply failures

10.1 Your cancellation rights. If you cancel before your rental period starts, the refund you receive will reflect the costs we have incurred to set up your booking up to that point, and not a fixed percentage. As a guide:

• More than 7 days before your rental start date: we will refund the hire fee and shipping in full, less any non-refundable third-party processing costs we have already incurred.
• Within 7 days of your rental start date: we will refund the hire fee and shipping less the costs we have already reasonably incurred (for example, dispatch preparation, cleaning, courier booking).
• On or after your rental start date: we may not be able to refund the hire fee, but we will work with you on date shifts where the product can still be put to use elsewhere.

10.2 Itemised refund statement. Whenever we retain any amount on a cancellation, we will provide an itemised statement showing the actual costs that the retention reflects.

10.3 If we cannot supply. If we cannot supply your hire (whether before dispatch or because of a fault that prevents continued use), we will offer you, at your choice, a refund, a replacement, or a rescheduled rental. Where you have a remedy under the Australian Consumer Law (or for New Zealand customers, the Consumer Guarantees Act 1993), nothing in this clause limits that remedy.

10.4 Force majeure. Neither party is responsible for failure to perform caused by events outside their reasonable control, including natural disasters, public health emergencies, carrier failure, supplier failure, industrial action, or major cyber incidents. If a force majeure event affects your rental, we will work with you on a refund, extension, or rescheduled rental.

11. Inspections and disputes

11.1 Inspection process. All returns are inspected against a documented checklist by a trained team member. Inspections are recorded with date, asset number, inspector, and (where damage is found) photos.

11.2 How to dispute a charge. If you would like to dispute any charge, email support@theperfectnoggin.com.au within 14 days of the charge being made. Please include your order number and the reason for the dispute. We will:

• Acknowledge your dispute within 2 business days.
• Provide our inspection notes, photos and any other relevant material within 7 business days.
• Give you a written final decision within 21 business days, with reasons.

12. Clinic role and liability

12.1 Role of clinics. Participating clinics are pick-up and return points only. They are not the seller or manufacturer, and they do not make rental decisions on our behalf.

12.2 Chain of custody at the clinic. When you collect from a clinic, please inspect the product before you leave and flag any concerns to the clinic and to us. When you return to a clinic, ask for written acknowledgement of receipt (a stamped form, an email, or a text). This is your proof that the product has been returned.

12.3 Clinic delays or errors. If a clinic delay or error materially affects your rental, contact us. We will work with the clinic and with you to resolve the issue, including reshipping from our warehouse if needed.

13. Consumer guarantees and our liability

13.1 Consumer guarantees. Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law and (for New Zealand customers) the Consumer Guarantees Act 1993. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under those laws.

13.2 Major failures. For a major failure with the product, you are entitled to choose a refund or a replacement. If the failure does not amount to a major failure, you are still entitled to have problems with the product rectified within a reasonable time.

13.3 Limitation. To the fullest extent permitted by law, and other than for a breach of a non-excludable consumer guarantee, our total liability under or in connection with this rental is limited to the amount you have paid for the rental. We are not liable for indirect or consequential losses.

13.4 Product liability. We acknowledge that we are responsible for ensuring the product meets safety obligations under the Australian Consumer Law and applicable mandatory standards. If you believe a product has caused injury, illness or property damage, please tell us immediately at support@theperfectnoggin.com.au.

13.5 Recalls. If we are required to issue a recall or safety notice for the product, we will contact you using the contact details on your booking. Please keep your contact details current. You agree to follow recall instructions promptly. We will cover all reasonable costs associated with returning a recalled product.

14. Our retained ownership and security interests

14.1 Title. Title in the product remains with us at all times. You acquire only a right to use the product during the rental period.

14.2 No security interests by you. You must not create, allow or attempt to create any security interest, lien or encumbrance over the product.

14.3 PPSA. You acknowledge that we may register one or more security interests on the Personal Property Securities Register (PPSR) in respect of our products. To the extent permitted by the Personal Property Securities Act 2009 (Cth), you waive your right to receive a verification statement under section 157 of that Act. This waiver does not affect any rights you have under the Australian Consumer Law.

15. Privacy and communications

15.1 Transactional emails. You will receive order confirmations, dispatch and delivery updates, return reminders, and any safety notices we are required to send. These are not marketing emails and you cannot opt out of them while your rental is active.

15.2 Marketing. We will only send automated support emails if you opt in at checkout. You can unsubscribe from support emails at any time.

15.3 Privacy. We handle your personal information in line with our Privacy Policy at www.theperfectnoggin.com.au/privacy. We share your information with carriers, clinics, payment processors, and email providers only as needed to deliver the service.

15.4 Card data. Card data is held by our payment processors (Shopify, Shop Pay, DownPay), not by us.

16. Third-party systems

We use trusted providers to deliver this service, including Shopify, Shop Pay, DownPay, Product Rental Pro, Starshipit, and Klaviyo. By using our service, you also agree to those providers’ own terms (you can find them on the provider’s website). If a provider’s terms change in a way that affects your rental, we will let you know.

17. Australian and New Zealand customers

17.1 Australian customers. These terms are governed by the laws of Queensland. The Australian Consumer Law applies to your rental. Any court proceedings will be heard in the courts of Queensland or another court of competent jurisdiction in Australia.

17.2 New Zealand customers. If you are a New Zealand consumer, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply to your rental, and nothing in these terms excludes, restricts or modifies any right or remedy you have under those Acts. Disputes will be heard in the courts of New Zealand or, where appropriate, of Queensland.

17.3 Other obligations. We will comply with the Safe Sleep guidelines published by Red Nose (Australia) and Health New Zealand (Te Whatu Ora) in our customer-facing communications.

18. General

18.1 Whole agreement. These terms and your order confirmation form the whole agreement between us in relation to your rental.

18.2 Severance. If any part of these terms is found to be unenforceable, the rest remains in effect.

18.3 No waiver. If we do not enforce a provision on one occasion, that does not mean we have waived our right to enforce it later.

18.4 Assignment. You may not assign or transfer these terms without our written consent. We may assign or transfer these terms to a related entity or to a successor of our business.

18.5 Updates. As noted in clause 1.5, we may update these terms from time to time. Updates apply to new bookings only.

Questions?

Email: support@theperfectnoggin.com.au

Web: www.theperfectnoggin.com.au

Baby Enterprises Pty Ltd | ABN:11 676 337 778 | Bridgeman Downs, QLD