babybrands on the Go Pty Ltd ("we" "us") operates a website, www.babybrandsonthego.com.au (our "Site") and the Site, the products available for purchase on the Site (“Products”) and related services are made available to the Customer ("you") pursuant to the following Terms of Conditions and any other policies posted on our Site from time to time (collectively, the "T&C's"). Please read the T&C's carefully before placing any orders on our Site. We recommend you should keep a copy of the T&C's for future reference. We may modify the T&C's at any time. By accessing or using this Site, you agree to these terms & conditions of use. If you do not agree to these terms you may not use this Site.
We sell and ship products worldwide. We will make deliveries outside of Australia or places of residence, dwellings, businesses, parcel lockers or parcel pickup points within or outside of Australia. We ship our products to you using the fastest and/or cost effective method we can, either Australia Post or Courier. We ship most products anywhere overseas using an international shipping company . We cannot ship any product bearing the name UGG to the U.S.A for trademark reasons. The customer is responsible for providing correct shipping information at time of purchase, should information provided be incorrect we are not liable for lost or missing parcels.
In order to make a purchase through the Site, you will be required to register and provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid and correct and that you are the person referred to in the billing information provided.
You may place an Order by filling in the Order Form on the Site and clicking the "Submit My Order" button. Once you have made your choice and your Order has been placed, you will receive an email acknowledging the details of your Order. This email is NOT an acceptance of your Order, just a confirmation that we have received it.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these T&C's. Information contained on the Site constitutes an invitation to treat. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however we will make every effort to supply Products to you. We will notify you that your Order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in our sole discretion. We will confirm acceptance of your Order when we send you an email confirming shipment of the Products you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
We reserve the right not to accept your Order if we are unable to obtain authorisation for payment, the Product ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria set out within the T&C's.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our discretion. We will not be liable to you or any third party by reason of our not accepting an Order, withdrawing any merchandise from the Site, removing or editing content on the Site; refusing to process a transaction; or suspending any transaction after processing has begun.
We currently accept PayPal, Visa, MasterCard, AMEX, Direct Deposit and Afterpay (subject to Afterpay’s own credit limits on value of purchases). We process payments after you click the "Submit My Order" button. Orders placed on a weekend or a Public holiday will be payment processed immediately but filling of the Order will not occur until the next business day, except during busy promotional periods where your order may take longer to dispatch. Business days are Monday through Friday, excluding Victorian Public holidays. We will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase subject to payment being received by us. Payments will be debited and cleared from your account upon placing of your Order. By making a payment you confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. Any coupon codes, for example free shipping or discount offers, are valid at the time of order placement only and must be entered in correctly at the relevant point in the payment process for you to be eligible for the offer promoted by the coupon. Coupon offers will not be valid or honoured on Orders successfully placed without using the relevant or correct code. Payments made by direct deposit will be subject to an additional business day for processing to ensure funds are cleared.
We take all reasonable care to make our Site secure. All credit card transactions on this Site are processed using a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple and secure we use Secure Socket Layer (SSL) technology. When ordering your information will be encrypted by SSL certificate ensuring your data and payment is securely handled by our systems. We use industry standard for encryption technology to protect your online order information. SSL encrypts all information including your credit card and all personal information passed from you to us. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.
We will take all reasonable care to keep the details of your order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site unless that access was made possible by our negligence.
We do not provide lay-by facilities for online purchases.
We are unable to accept credit cards issued by banks outside of Australia.
Debit cards and credit cards have daily spending limits that may substantially delay the processing of your order, if exceeded.
You may be required to provide further identification and information for additional security reference checks.
We do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed. We may run security checks for the purpose of preventing credit card or payment fraud. Security checks may be conducted by telephone, by email or by a combination of both. As part of a security check we will require you to provide further verification of your credit card and your identification. If you do not agree to undergo a security check you may choose to process your payment through PayPal instead or you may have your order cancelled and refunded. We maintain absolute discretion to cancel and refund your Order if you refuse to undergo any part of a security check.
We have made every effort to display as accurately as possible the colours of our Products that appear on our Site. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
Product prices shown on the Site are in Australian dollars and are inclusive of GST at the applicable rate.
We always seek to list Products with the most competitive prices.
We reserve the right to change prices for Products displayed on the Site at any time before you submit an Order.
The price of Products shown excludes shipping costs. The shipping cost is shown separately on the Product page but may be recalculated based on how many and what items you place in your shopping cart. Please refer to Shipping Charges below for more details.
From time to time stock may be damaged or incorrect when orders are picked, should this occur we reserve the right to offer a substitute, in style, colour or size when necessary.
The promotions and sales prices that are offered on the Site are available online only.
We reserve the right to extend or withdraw a promotional or sale offer at any time without notice.
Certain online promotions and offers are subject to additional terms and conditions which will be specified with the offer on the Site (eg duration of the promotion or sale, method of calculation of savings etc). Please read these additional terms and conditions carefully.
A confirmation email showing that we have received your order will automatically be sent to you once you have proceeded through to the end of the check out. Once accepted your order will be dispatched by the next Business Day.
Timing of Delivery:
Estimated delivery time within Australia is approximately 2 to 10 days from the date your payment is received. The estimated delivery times are in business days (Monday through Friday excluding Public holidays in Victoria). Please note that during busy promotional periods your order may take longer to dispatch due to an increase in orders. Estimated times are to be used as a guide only depending on your location and the availability of stock. Whilst we endeavour to fulfil all orders, please note some items, sizes or colours may not be available at time of dispatch. You will be refunded via your payment method for items not available at time of dispatch. If your Product has not arrived after the estimated delivery time, please contact Customer Service on 0481 082865 during business hours (AEST) or email [email protected]
It may be possible for you to cancel or change your order if your order has not started the packing process in our warehouse. Please contact one of our Customer Service Representatives on 0481 082 865 and if cancellation or change remains possible, they will assist you.
Please note we ship Australian orders to Australian Postal addresses, parcel lockers, parcel collect and post office boxes. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. We dispatch all orders using Australia Post or Couriers Please. If no-one is available to take delivery of your Products, our carriers (Australia Post or Couriers Please) will leave a card so you can pick-up your Order from your local Post Office or we authorise the parcel to be left in a safe place by the courier. Overseas orders will be delivered via an international carrier when appropriate. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time; however, we do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you on delivery.
If you have specified a recipient who is not you, for delivery purposes, then you accept that evidence of a signature by a person who identifies themselves as that person at that delivery address, is evidence of delivery to you and fulfilment by us of our responsibility.
All purchases for delivery in Australia will be charged as follows:
Orders will incur a shipping rate of $10 for standard shipping for single items, additional items will incur a $5 per item fee. Our freight and handling fees do not include insurance and we may not be held responsible for any damage, destruction or loss of goods after delivery to our delivery partners. Any applicable shipping charges for your order will be shown during the checkout. We may at our discretion offer limited time Free Shipping promotions from time to time based on the following eligibility criteria:
Shipping is available to orders from New Zealand. Regular shipping to New Zealand incurs a rate of $15 AUD, Express shipping to New Zealand will incur a rate of $25 AUD. All Prices and Charges are displayed and payed in Australia Dollars. Any charges incurred by a third party will be payable buy the buyer.
After your order has been dispatched a confirmation email will be sent to the email address you provided, with an Australia Post or Couriers Please tracking number. You can track the shipping status of your order at Australia Post or Couriers Please.
Consumer guarantees apply under the Australian Consumer Law. Nothing in these T&C’s excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at consumerlaw.gov.au. If a Product has a minor defect, we may provide a repair or offer you a replacement or a refund at our discretion. If a Product has a major defect, you are entitled, within a reasonable time after delivery, to:
If the Products arrive damaged or inoperable a claim must be made by either calling our Customer service team on 0481 082 865 within 7 days after the parcel has been delivered and providing a full detailed description of the problem with supporting photographic evidence as well as your order number. Depending on the problem our Customer Service team will determine how best to resolve your problem with minimum inconvenience to you. Please note Products that are damaged as a result of normal wear and tear are not considered to be faulty. Where possible, we will offer to repair Products that we accept are faulty. If we consider the Product is not repairable or the same product is not available, you are entitled to a full refund in the original tender. Our normal warranty for the Products supplied to you, applies if they arrive damaged or inoperable.
Where we agree that a Product is defective and needs to be replaced or repaired return shipping will be arranged at our expense. We recommend that items are returned to us via courier or registered post to ensure that they are protected and insured during transit. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.
Where we agree to replace a Product:
A replacement for the Product that you ordered will be shipped to you at our expense after we have received your returned Product (does not apply to change of mind).
The delivery time for the replacement Product will be the same as stated for the original Product.
Consumer Guarantees under the Australian Consumer Law but no additional guarantees apply to all replacement products.
Goods with Manufacturer’s warranty - Refund/Replacement policy
Many of our Products come with a guarantee or warranty from the manufacturer. Please refer to the warranty terms and conditions on or in the packaging, however nothing in those warranty terms and conditions excludes the application of the Consumer Guarantees that apply under the Australian Consumer Law, and our change of mind guarantee.
We may refuse replacement or repair where it is deemed the product has incurred excessive wear and tear by the user, resulting in damage or is outside of normal manufacturer warranty periods.
Where Customer Service has provisionally determined that a Product is defective, Customer Service will provide information as to return process. Products cannot be returned without a Return Authorisation. When appropriate we will email a pre-paid label for our chosen return method with instructions as to packaging and postage. The Product should be returned to us within 14 calendar days of the issuance of the RA to qualify for a replacement or refund. All Products must be returned in as-new and unworn condition where appropriate, including any accessories, manuals, documentation and registration that were shipped with the Product. If the accessories are not included, only a partial refund may be applied.
It is your responsibility to ensure that the Products are protected from damage in transit. Returns that are damaged or soiled may not be accepted and may be sent back to you and/or a refund refused.
You will be notified by email once your return has been received and processed.
Unidentified returns may be returned to the sender; therefore, please ensure all details are clear and concise.
All our items or Products come with a thirty (30) day refund guarantee in addition to your statutory rights. If, for any reason whatsoever, you are not satisfied with any Product delivered to you, you may, within thirty (30) days of the Product being delivered, return the Product, it must be as new and unused, with all tags and stickers still attached and with your original tax invoice (as proof of purchase) to us for a full refund of the purchase price of the Product. This refund does not include the costs of return postage. You are responsible for return postage to our warehouse. We recommend that Products are returned to us via courier or registered post to ensure that they are protected and insured during transit. Returns that are damaged or soiled may not be accepted and may be sent back to you and/or a refund refused.
For information on the most appropriate way to return items for change of mind you must first contact the Customer Service team via one of the following methods: B/H: 0481 082 865 or email: [email protected],au or use the contact us form. This change of mind guarantee does not apply to Products that we repair or replace under these T&C’s. Your entitlements to a refund, exchange, repair or credit are governed by the Australian Consumer Law and this change of mind guarantee is in addition to those rights.
To return any item for any reason you must arrange the return by return postage through Australia Post or Couriers Please.
Products must be returned whenever we agree to provide you with a refund or replace the Product or ask you to return the Product to us for inspection. See Return Authorisation for more details.
While we employ Secure Sockets Layer (SSL) technology software for our transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
To help ensure we remain a safe and secure place for customers to transact we may ask you to confirm your identity by confirming information that you’ve provided us is correct.
Our process is to contact you either by phone or email with a request to confirm certain information. This may occur when you open your account or when you make an online purchase. In addition, from time to time we may need to ask you for some extra information so that we can adequately identify who you are. This information will only ever be collected for the purposes of confirming your identity. Our process is entirely voluntary, however if you do choose not to confirm or provide the information we ask for then we may unfortunately not be able to continue to process your order.
If we need to confirm your identity, we will attempt to contact you soon after you have placed your order. If we can’t confirm your identity within 7 days we will cancel your order and process a refund within 24 hours of our last attempt to contact you.
You may not assign any rights and obligations under these T&C’s whether in whole or in part without the prior written consent of us. Any unauthorised assignment shall be deemed null and void. We reserve the right to change the T&C’s at any time. The T&C’s applicable to you are those on our Site at the time you order a Product. No employee or agent has the authority to vary any of the T&C’s governing any sale.
To the extent permitted by law, we are not liable for any delay in performing any of its obligations under these T&C’s if such delay is caused by circumstances beyond the reasonable control of us, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Your use of the Site and its contents including any graphics, photographs, music, video, or text on this Site, grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to it including our software and all HTML and other code contained in this Site. All such IP, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the IP only as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of the IP is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the IP for your own personal use. This Site is for your personal, non-commercial use only. You may not use this Site for any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C's, we may deny you access to this Site on a temporary or permanent basis.
We may include links on this Site to other websites or resources operated by parties other than us. We have not reviewed all of the websites or resources linked to its Site and are not responsible and have no liability whatsoever (directly or indirectly) for the content or accuracy of any of these website pages or resources nor for the availability of such external websites or resources, the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C's by you, or arising from the use by any other persons accessing this Site using your internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the Site or any part of it, or from your decision to purchase Products from us, except to the extent of our negligence or breach of these T&C's.
You acknowledge that if you breach the T&C's and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C's. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C's in any way.
You acknowledge and agree that the T&C's together with all our policies and procedures will be governed by and construed in accordance with the law of Victoria, Australia, and the relevant courts of Australia will have exclusive jurisdiction.
If any portion of these T&C's is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the T&C's and the rest of the T&C's will not be affected by the severance. If any portion of these T&C's is inconsistent with any other policies or terms constituting these T&C's, then these T&C's will prevail to the extent of the inconsistency.