Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site.
In these terms:
Products means products provided by GoToddler to you from time to time;
GoToddler is a registered Australian company ABN 29 119 020 469
Postal Address: The GoToddler Team Unit 2 34 Roger Street Brookvale NSW 2100 Australia
Warehouse: the GoToddler Warehouse Unit 2 34 Roger Street Brookvale NSW 2100 Australia
TEL: 02 9905 6380 email: firstname.lastname@example.org
Services means services provided by GoToddler to you from time to time.
Govern the provision of Products and Services
May be altered by GoToddler at any time by notice to you or by means of a notice on the pages of the website www.gotoddler.com.au
Apply to the exclusion of any other terms contained in any document, unless otherwise agreed in writing between GoToddler and you
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the State of New South Wales, Australia and other copyright laws, and is the property of GoToddler. The collective work includes works that are licensed to GoToddler - Copyright 2007-2014, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with GoToddler, or purchasing GoToddler products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with GoToddler or GoToddler products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by GoToddler. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of GoToddler, used in the site are trademarks or registered trademarks of GoToddler.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, GoToddler disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. GoToddler does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. GoToddler, does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Except for those terms that cannot by law be excluded, all terms other than those expressly contained in this agreement are excluded. In the case of a warranty implied under the Trade Practices Act 1974, GoToddler's liability is limited to, in the case of Products, supplying the Products again or paying the cost of having them supplied again and, in the case of Services, supplying the Services again or paying the cost of having them supplied again. GoToddler's only liability in respect of Products and Services is as expressly stated in these terms. To the extent permitted by law, all other liability is excluded. GoToddler will not be liable to you ( whether in contract, tort, or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit which may arise under these terms.
In the event that goods are received damaged, a formal claim must be received in writing via email or mail to GoToddler within 7 days of receiving the Goods.
In the event of non-delivery of the Goods - within 90 days from the date of dispatch, a formal claim must be received in writing via email or mail by Gotoddler. Any such claim not so made shall be waived. Any other claim of any kind shall be waived if the claim is not made in writing within 30 days of the date of dispatch. All information requested from the Carrier in relation to the claim must be made within this 90 day period.
In the event of partial delivery of the Goods - within 7 days from the date of receiving the partial delivery, a formal claim must be received in writing via email or mail by Gotoddler. Any such claim not so made shall be waived. Any other claim of any kind shall be waived if the claim is not made in writing within 7 days of the date of dispatch. All information requested from the Carrier in relation to the claim must be made within this 7 day period.
Orders. You may place orders for products and Services
By telephone 02 9905 6380
In person Unit 2 34 Roger Street Brookvale NSW 2100
All orders are subject to availability of stock and minimum/maximum quantities as GoToddler decides from time to time. Go Toddler reserves the right to refuse orders whether whole or in part in its absolute discretion.
You may return any merchandise (EXCEPT BABY FOOD/FORMULA, SAFETY GATES AND EXTENSIONS) that does not suit you. Products are to be returned at the customer's expense and GoToddler will only accept returns of merchandise in their original condition and packaging accompanied by the invoice. When returns are properly completed, GoToddler will reimburse the price of the returned merchandise, not the invoiced delivery charges, (or initial delivery charges incurred by GoToddler) within a maximum of 14 days upon receipt of the returned merchandise. If more suitable goods are requested to be reshipped in liu of the return, a return deliver charge will be incurred (only 1 free delivery where applicable per order allowed).
If you reject a parcel because you no longer want it, then when goods are received back by GoToddler, the refund will be cost of goods MINUS initial delivery charges incurred by GoToddler or the customer MINUS return delivery charges (which will be the same as initial delivery charges incurred by GoToddler or the customer).
You must verify the quantity and quality of products upon delivery and if any of the goods are incorrect, damaged or faulty, you must notify GoToddler within 7 days of receipt of goods. * Note: damaged goods excludes damaged outer cartons, which may occur in transit. You agree to promptly return products not accepted by you to GoToddler. GoToddler will only accept returns of not used merchandise in their original condition and packaging accompanied by the invoice. When returns are properly completed, GoToddler will reimburse the price of the returned merchandise, as well as the return delivery charges, within a maximum of 14 days upon receipt of the returned merchandise.
OUT OF STOCK GOODS
In the event that an item is out of stock, GoToddler (at management's discretion) will either ship the order and refund the missing item, partially ship the order with the missing item to follow, or partially backorder/backorder the order based on the missing item. Any undue delay in dispatch will result in email notification to the customer by GoToddler management.
If a pre-order only item is ordered, then the whole order will not be dispatched until the pre-order item is back in stock.
INCORRECT DELIVERY CHARGES
In the event that you have incorrectly stated your province and wish to make a claim for part or all of the delivery charges incurred, claims have to be made in writing within 7 days of receipt of goods.
USAGE OF A FREIGHT FOWARDER
GoToddler only delivers to adresses within Australia, and therefore the person(s) receiving goods within Australia directly from GoToddler takes full responsibility for those goods once received and signed for by them. Receiving and signing for goods is an acknowledgement that goods are correct, complete and in good condition, as set out under terms of carriage of either Fastway Couriers, Couriers Please or Australia Post (the 3 nominated carriers used by GoToddler). It is the responsibility of the freight forwarder to check that goods are correct, complete and in good condition before onforwarding them either within Australia or overseas. Once goods are delivered and signed for by a receiver in Australia (including but not limited to a nominated freight forwarder), the sales contract is considered complete and GoToddler holds no further responsibility for what happens to the goods from then on. If a customer overseas wants to return goods, they need to do so at their own cost, as GoToddler only operates within Australia
Delivery and receipt. GoToddler will endeavour to provide Products and Services in a timely manner to the address specified in your order, however GoToddler will not be liable for any late delivery. GoToddler will also not be liable for any deliveries left anywhere on the shipping address premises, when the customer specifically requests them to be left there without a signature required. Invoices of Products may include a flat charge for freight, handing and delivery , and an additional surcharge for packages to be delivered in specific States/Areas/Suburbs as specified in the Help section of the website. Some States/Areas/Suburbs are managed in an automated fashion through the website, some other States/Areas/Suburbs may be served on an "ad hoc" basis; in this case a specific quote for freight, handing and delivery , and an additional surcharge has to be submitted by email@example.com. This is due to the fact that some specific combination of products/ services cannot be automatically been charged of Handling & Delivery charge through the current software supporting the GoToddler website order capture. If you wish to have Products or Services provided by means other than GoToddler 's usual means, you will need to make all the necessary arrangements and pay all the costs involved.
Payment and interest. Transaction currency on the GoToddler website is Australian Dollar ( AU$) or $. GoToddler may change the price of Products and Services from time to time without notice to you. You will pay the price of Products and Services current at the time of order payment online or provision of the Services whichever is the earlier. Except where Products and Services are paid for prior to receipt of products or provision of services, invoices are payable on or before receipt of goods or provision of Services. You will pay GoToddler any GST payable for provision of Goods and of Services. GoToddler reserves the right to charge interest at the rate of 16% per annum.
Security Policy. When you purchase from GoToddler, choosing the option credit card, your financial details are passed through a secure server using
the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit
SSL encryption is approximated to take at least one trillion years to break,
policy, please contact the GoToddler Team at 02 9905 6380 or firstname.lastname@example.org
Title and Risk. Title in Products passes to you on payment in full for them. Risk in Products passes to you on the delivery and acceptance of the Products to you.
In the event that a GoToddler product is mistakenly listed at an incorrect price, GoToddler reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. GoToddler, reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, GoToddler, shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by GoToddler, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
GoToddler, may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to GoToddler
Neither GoToddler or you shall be liable to the other for any breach or failure to perform any of its obligations where such breach or failure is caused by anything beyond that person's reasonable control including national disaster, national emergency, Act of God or government regulation.
You indemnify GoToddler against all damages, losses, costs and expenses incurred by GoToddler arising out of:
any breach by you of these terms, and
any injury or death of any person, arising from the performance of your obligations or the exercise of your rights under these terms, including the use of any Products.
You agree to indemnify, defend, and hold harmless GoToddler its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Your use of this site shall be governed in all respects by the laws of the state of NSW, Australia. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of GoToddler products) shall be in the state or federal courts located in New South Wales, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of GoToddler products) must be commenced within one (1) year after the claim or cause of action arises. GoToddler 's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. GoToddler may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a GoToddler, or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
GoToddler, does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, GoToddler, is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, GoToddler, reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to GoToddler in its sole discretion.
In an attempt to provide increased value to our visitors, GoToddler, may link to sites operated by third parties. However, even if the third party is affiliated with GoToddler, GoToddler, has no control over these linked sites, all of which have separate privacy and data collection practices, independent of GoToddler. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, GoToddler seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).