Website terms and conditions of use
In these terms and conditions, “we” “us” and “our” refers to G’Day Baby Pty Ltd ACN 164 522 070 t/as G’Day Baby & Kids (G’Day Baby). These terms and conditions of use (Site Terms) apply to your use of the website www.gdaybaby.com.au (Site) and do not alter in any way the terms or conditions of any other agreement you may have with us.
Please read these Site Terms carefully. By visiting or using the Site, you agree to be bound by the Site Terms and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use the Site. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms.
Ownership of the Site and its Contents
The Site is owned by G’Day Baby. Unless otherwise indicated, G’Day Baby owns or has a licence to use all of the content featured or displayed on the Site, including, but not limited to, text, graphics, designs, artworks, data, photographic images, moving images, sound, illustrations, software, and their selection and arrangement (Site Content).
All elements of the Site, including the Site Content, are protected by laws relating to the protection of intellectual property such as copyright and trade mark laws.
Use of the Site
This Site and the Site Content are intended for our customers. You may only use this Site or the Site Content for the purpose of doing business with us, including evaluating and ordering our products or services. You are permitted to download a copy of the information on this Site to your computer or personal mobile device for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.
Your use of our content in any other way infringes our intellectual property rights. You are specifically prohibited from: (a) using any data mining, robots or similar data gathering or extraction methods; and (b) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Australia or the country in which you reside.
Protection of Children
We are committed to the well-being and protection of all the children used in our marketing materials. The images on the Website are only for the legitimate promotion of our products. If you use these images for any purpose which is inconsistent with the promotion of our products, we may take legal action against you. We do not solicit or knowingly collect any online information from children under 13 years of age without their parent’s verifiable prior written consent. If we receive actual knowledge that a subscriber to the Website is under the age of 13, we will remove all personally identifiable information about that person from our files.
Copyright Infringement Policy
In accordance with applicable copyright legislation and other applicable laws, G’Day Baby has a policy of terminating, in appropriate circumstances and at G’Day Baby’s sole discretion, account holders who infringe the intellectual property rights of G’Day Baby or any third party.
If you believe that any material on the Site infringes your copyright, you may send a notification of such infringement to us at [email protected] We may give notice of a claim of copyright infringement by means of a general notice on the Site or electronic mail to a user’s e-mail address.
G’Day Baby is the owner or licensee of registered and unregistered trade marks as identified on the Site and these may not be copied, imitated or used, in whole or in part, without the prior written permission of G’Day Baby. In addition, G’Day Baby owns the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, and it may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade marks, product names and company names or logos used on the Site are the property of their respective owners. Our reference to any third party’s products or services is not an endorsement, sponsorship or recommendation of its products or services.
You may not use our logo or other proprietary graphic of G’Day Baby to link to this Site without our express written permission. Further, you may not frame any of our trade marks, logos or other proprietary information, including the Site Content, without our express written permission.
This Site may contain links to third party sites which are not under G’Day Baby’s control and G’Day Baby has no responsibility for the content of these sites. G’Day Baby makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by link from the Site, or websites linking to the Site. Links to other sites are provided for convenience only, and do not imply any affiliation, endorsement or adoption by G’Day Baby of the products or services offered by the site.
When you leave the Site, the Site Terms no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. You agree that G’Day Baby is not responsible or liable for any loss, damage or other matters of any sort incurred as the result of your dealings with third parties via their websites.
Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services (Interactive Areas) in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site (User Content). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You must not delete or revise any User Content that you have not posted. When you post content to an Interactive Area, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content.
You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that constitutes, encourages or provides instructions for a criminal offense or violates the rights of any person or entity;
- User Content that may infringe any intellectual property or contractual rights of any person or entity;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
- personal or sensitive information of any third party;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in our sole judgment is objectionable or which may expose G’Day Baby or its users to any harm or liability of any type.
G’Day Baby is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. G’Day Baby reserves the right to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in breach of the Site Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that G’Day Baby may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of G’Day Baby; or to protect the safety of our employees, customers or the public.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
If you post User Content to the Site, unless we indicate otherwise, you grant G’Day Baby and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant G’Day Baby and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You consent to giving us this licence even where such acts in relation to the correspondence or communication involve (a) a failure to identify you as the author; (b) the false attribution of another person as the author; and (c) the subjection of them to derogatory treatment; whether occurring before or after the giving of consent, and which apart from this consent, infringe any moral rights subsisting in the correspondence or communication.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data); (b) maintain and promptly update the Registration Data, and any other information you provide to G’Day Baby, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify us immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to us.
You agree to defend, indemnify and hold harmless G’Day Baby, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal costs) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another.
G’Day Baby uses reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content’s accuracy, correctness or reliability.
To the maximum extent permitted by applicable law, the Site and the Site Content are provided “as is” without guarantee or warranty, express or implied, of any kind including but not limited to guarantees or warranties of acceptable quality or fitness for a particular purpose or non-infringement. You agree that the functions embodied on or in the materials of the Site are not warranted to be uninterrupted or without error or that defects will be corrected. We make no warranty that the Site or the Site Content are free from infection by viruses or anything else that has contaminating or destructive properties.
Limitation of Liability
To the extent that G’Day Baby can limit the user’s remedy for breach, then G’Day Baby’s liability is limited to one or more of the following at G’Day Baby’s option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
To the maximum extent permitted by applicable law, in no event shall G’Day Baby and its directors, employees, content providers, agents and affiliates be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the services or products, the Site Content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from G’Day Baby, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to G’Day Baby’s records, programs or services.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of G’Day Baby, whether in contract, guarantee, warranty, tort (including negligence), product liability, strict liability or otherwise, arising out of or relating to the use of the Site exceed the fees you pay, if any, to G’Day Baby for access to or use of the site.
Notwithstanding any of these Site Terms, G’Day Baby reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site. On termination you must destroy all materials obtained from the Site and any and all other G’Day Baby sites including copies of those materials.
Changes to Site Terms
G’Day Baby reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by G’Day Baby.
The Site Terms are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
If part or all of any of the Site Terms is illegal or unenforceable it will be severed from the Site Terms and will not affect the continued operation of the remaining provisions of the Site Terms.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to G’Day Baby at [email protected]
Terms & conditions of supply of products
1.1 These terms and conditions apply to all supplies of Products (Products) by G’Day Baby Pty Ltd ACN 164 522 070 t/as G’Day Baby & Kids (G’Day Baby) to you, the purchaser of the Products made via G’Day Baby’s website at www.gdaybaby.com.au (Website).
1.2 By agreeing to these terms and conditions you represent that you are over the age of 18 or have a parent’s/guardian’s approval to enter into this agreement.
1.3 These terms and conditions may be amended or varied by G’Day Baby from time to time. You will be bound by the terms and conditions that were in force at the time you ordered the Products.
1.4 You must comply with all warnings, prohibitions and other notices for use of the Products provided by G’Day Baby from time to time.
2. Products Availability
2.1 From time to time items that are listed as in stock may in fact not be. If this applies to your order G’Day Baby will contact you to offer a refund, or discuss placing the item on backorder for you, or suggest a suitable available alternative. G’Day Baby will not be liable for any loss or damage that arises as the result of any Products you order no longer being in stock.
2.2 G’Day Baby may limit the sales of Products to any person, household, geographic region or jurisdiction. G’Day Baby may exercise this right on a case-by- case basis.
3. Product Description
3.1 G’Day Baby has made every effort to display as accurately as possible the colours and images of the goods as they appear in real life. G’Day Baby cannot guarantee that your computer monitor’s display of any colour will be accurate.
3.2 Every effort is made to ensure that the Products correspond closely to the descriptions and images displayed on G’Day Baby’s Website. Sometimes due to variations in production runs, colour differences or computer or device screens, differences may arise. G’Day Baby is not responsible for slight variations in colour, embellishment or construction. Imperfections and variations should be appreciated and are consistent with our commitment to ethical, local and traditional production methods such as hand-printing with water based colours.
4.1 Your order for Products (Order) must contain your correct name, invoice address, delivery address, telephone number, email address, credit card details and any other details G’Day Baby requires to process and deliver your order. You must promptly update this information if it becomes out of date.
4.2 By placing your Order with G’Day Baby, you offer to purchase Products at the price specified in the Order. G’Day Baby may accept or reject any Order
4.3 You must not order Products for the purpose of re-selling or re-supplying them to third parties. G’Day Baby may limit or refuse Orders that, in in its sole judgment, appear to be placed by dealers, resellers or distributors.
4.4 G’Day Baby may at any time cancel, vary or suspend all or some of the Orders you have placed without any liability to you:
(a) if you breach any of these terms and conditions in respect of an Order;
(b) G’Day Baby has insufficient stock to fulfil your Order; or
(c) G’Day Baby does not deliver to your nominated delivery address.
4.5 If G’Day Baby rejects an Order or cancels all or any part of an Order, you will be notified by email and G’Day Baby will refund any amount you have paid in advance for the Order.
4.6 While G’Day Baby tries to be as accurate as possible with the information on the Website about Products, sometimes errors or omissions occur or G’Day Baby has to change or update information about its Products. If G’Day Baby corrects an error or omission or makes a change about a Product which may affect your Order, G’Day Baby will try to notify of the correct information and you may cancel the Order without any obligation within 48 hours from the time of the notice. If you do not cancel your Order within the notice period your Order will be processed as per the corrected information.
5. Price and payment
5.1 The price payable for Products is set out on the Website and is in Australian Dollars (AUD). Your credit card will be charged in Australian dollars.
5.2 The price does not include the Goods and Services Tax (GST) or any delivery charges, insurance, customs charges, duties and other charges affecting the cost of the Products. You will be told about these additional costs and, subject to clause 6 below, you will be given a total purchase price before you finalise your order.
5.3 Subject to any additional charges under clause 6, you must pay the full price for the Products you order at the time you place your Order. Payment must be made using the online ordering facility and via the methods G’Day Baby offers on the Website. The Website accepts the following credit cards: Visa, MasterCard and American Express. The Website also offers a Paypal option. G’Day Baby understand that some customers may have a preference to use an alternate payment method such as cash, cheque or money order. On a request basis and at the absolute discretion of G’day Baby we may facilitate a transaction of this sort if it is in the best interest of both parties.
5.4 Orders that exceed your credit limit will not be processed.
6. Charges which may affect the price after purchase of Products
6.1 Delivery charges are outlined on the Service page of the Website. These charges serve as a guide only and are subject to change following receipt of your Order and depending on the final destination and the combined weight of the Products ordered. G’day Baby will notify you with the correct delivery charge, via email, in the event the actual delivery charge exceeds the quote provided at the time of checkout. You may cancel the Order without any obligation within 48 hours from the time of the notice. If you do not cancel your Order within the notice period your Order will be processed as per the corrected information.
6.2 The delivery charge does not include any applicable import taxes, duties and fees levied by customs in the country where an order is to be delivered. You are responsible for such taxes, duties and associated fees. The courier company, DHL Express, will contact you to arrange collection of any applicable such charges prior to delivery. G’Day Baby may occasionally provide special offers waiving the delivery charge in certain circumstances. G’Day Baby reserves the right to vary or cancel offers relating to the delivery charge.
7.1 G’Day Baby will deliver the Products ordered to the delivery address provided when you placed your Order.
7.2 G’Day Baby works hard to ensure that all orders are processed in a timely manner and within our stated policy of up to 3 business days. You will be sent an email with tracking details once your order has been sent.
7.3 Australian deliveries: G’Day Baby cannot deliver to PO boxes due to G’Day Baby’s signature service.
7.4 International deliveries: Selected countries may qualify for PO Box deliveries.
7.5 All deliveries are made using DHL Express Signature Service. Please allow 2-3 business days for deliveries in Australia and 3-5 business days, subject to Customs clearance, for international deliveries. Delivery time will depend on the area and remote areas will take longer. Events such as holiday periods and weather may delay your delivery. If a suitable person is not available at the address specified when the delivery is attempted, your parcel will be returned to the DHL dispatch centre and a card left with details of how to arrange a re-delivery. Such an event will add additional time to your expected delivery date.
7.6 Any delivery times notified to you are estimates only and G’Day Baby is not liable for late or non-delivery no matter what the reason.
7.7 G’Day Baby may, at your request, agree to postpone delivery of the Products to a time more convenient to you provided that you agree to pay to G’Day Baby an additional amount in respect of such postponement and for storage charges.
7.8 Title and the risk of loss or damage to the Products passes to you on delivery of the Products to the delivery address. The person who takes delivery must be an adult and available at the specified delivery address to carefully check the unwrapped Product, sign and acknowledge receipt in a satisfactory condition.
8. Pick up
8.1 G’Day Baby offers you the option of picking up your Products from G’Day Baby’s showroom in Sydney, Australia. Simply select the pick up option during the checkout process. If this option is selected you will be contacted via email when your order is ready for collection.
9. Return of Products
9.1 Unworn Products, excluding underwear, in original packaging and condition and subject to proof of purchase will be exchanged or refunded for incorrect fit or choice within 10 days of delivery to you. To the extent permitted by law, due to health and safety we do not offer an exchange or refund on underwear Products.
9.2 The Products must be accompanied by a completed G’day Baby Returns Form (available on request or via the Service page of the Website under the sub-heading Returns and Exchanges) and returned in or with their original packaging, with all original accessories and contents and a copy of the relevant tax invoice, sent via signature service, fully insured, post or courier service.
9.3 G’Day Baby politely refuses to accept delivery of mail articles relating to returns and exchanges that do not comply with the above stated terms, or Products that have been damaged by abuse, improper or abnormal usage by you or a third party, or Products damaged by a repair provided by a person not authorised by G’Day Baby.
9.4 G’Day Baby does not take responsibility for Products damaged or lost in transit. Delivery charges relating to a returns or exchange process are your sole responsibility.
9.5 Except where required by law or in accordance with this clause, G’Day Baby is not obliged to accept any return of Products or pay the costs of their return. G’Day Baby reserves the right to refuse to accept any returned Products marked “Cash or cheque on delivery” or “More to pay”. If G’Day Baby does not accept the return of the Products, G’Day Baby will contact you in writing.
9.6 No refund will be payable to you until G’Day Baby has inspected the returned Products and determined that the terms of this clause have been satisfied.
9.7 G’day Baby seeks to ensure your products are fault-free prior to dispatch. Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within three months of purchase. Please note that items that are damaged as a result of wear and tear or through caring for your products differently to the Care Instructions attached to the garment will forfeit your right to claim a faulty product. Should your item be deemed faulty by G’day Baby we will offer to repair the items or exchange it for the same product in the same size, subject to availability. You will receive a full refund if the item cannot be repaired or replaced.
9.8 Nothing in this clause affects your rights under the Australian Consumer Law which may not be excluded or varied by agreement.
10. Gift Vouchers
10.1 Gift Vouchers are valid for 12 months from the date of issue as listed on the printed or digital copy of the gift voucher.
10.2 No fees are applicable to a Gift Voucher, they are non-transferable and may not be refunded or redeemed for cash.
10.3 Digital Gift Vouchers will be emailed to the recipient on the next business day once the order is submitted. Delivery of a Gift Voucher to an incorrect or non-existent email address is the sole responsibility of the purchaser. For printed Gift Vouchers shipping charges apply.
10.4 Gift Vouchers may only be used in one transaction with the total value of the Gift Voucher used. If your Order exceeds the amount of the Gift Voucher, the remaining balance must be paid by in accordance with G’Day Baby’s payment options set out in clause 5. If your Order is less than the amount on the Gift Voucher, you will forfeit the balance.
10.5 If you return Products purchased using a Gift Voucher, the value of the returned Products will be applied to a new Gift Voucher to be used on your next purchase.
10.6 G’Day Baby is not responsible if a Gift Voucher is lost, stolen, destroyed or used without permission. Promotion codes cannot be applied to the purchase of Gift Vouchers. Tax and shipping charges are applicable on any Products purchased with a Gift Voucher in accordance with clause 6 above.
11. Intellectual Property Rights
11.1 Unless otherwise stated, G’Day Baby owns the intellectual property rights in all materials related to or connected with the Products. Except as necessary for using the Products or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no materials provided to you may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific prior written consent of G’Day Baby.
12. Liability and indemnity
12.1 To the maximum extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in this agreement or in a written warranty from G’Day Baby are excluded. If G’Day Baby is liable for breach of an imposed term, guarantee, warranty, representation or condition, G’Day Baby’s liability is, at G’Day Baby’s option, to the extent permitted by law, limited to:
(a) the replacement of the Products or the supply of equivalent Products;
(b) the repair of the Products;
(c) the payment of the cost of replacing the Products or acquiring equivalent Products; or
(d) the payment of the cost of having the Products repaired.
12.2 To the maximum extent permitted by law, G’Day Baby is not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, arising out of or in connection with the Products, including as a result of not being able to use the Products or the late or non-supply of Products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise and whether or not G’Day Baby was aware that such loss or damage may occur.
12.3 You agree to indemnify G’Day Baby, its employees, agents and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties arising out of your use of the Products.
13.1 This agreement will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.
13.2 A notice given under this agreement must be in writing and sent to the recipient at the address specified above for G’Day Baby or given by you when you placed or Order, or such other address as notified from time to time.
13.3 If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement but the rest of this agreement is not affected.
13.4 This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.