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 You must promptly update this information if it becomes out of date.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.