This page sets out the terms and conditions on which we sell products (Products) listed on our website babygymbar.com.au (our Website) and Baby Gym Bars PTY LTD (Our Company) to you the consumer. Please read these terms and conditions carefully before ordering any Products from our Website.
By using this Website, you accept these terms and conditions together with our Privacy Policy, Shipping and Delivery, Returns Policy and General Information pages. If you do not accept these terms and conditions, please do not use this Website. You can access these terms and conditions at any time from the bottom of any page of the Website.
Pre Orders
By placing your pre-order you are agreeing to the following terms:
- Full payment will be taken
- You are entitled to request a refund at any time prior to your order being dispatched, in the circumstance of wait times being longer than expected, you agree that the BGB Team is doing everything in its power to have the products shipped within the earliest time frame possible.
- You understand delays to the time frame may be a possibility and out of our hands if that is the case.
- We do ask that no bad social media posts are posted regarding late time frames. Please contact us directly and we will assist you. As already stated you can request a refund at any time and we will fully refund you.
- Please remember we are a family run business and we aim to always keep our customers happy.
- We will keep all pre-orders up to date with the expected time of arrivals if any changes arise.
Purchasing from babygymbar.com.au
By placing an order through our Website, you warrant that:
A. You are legally capable of entering into binding contracts; and
B. You are at least 18 years old; and
C. All details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to make your order and that there are sufficient funds to cover the cost of the Products you have ordered.
Products displayed on our Website can be purchased using a secure online Mastercard or Visa transaction facility. We use SSL encryption and a secure, PCI-compliment payment gateway to ensure your security at all times. We also accept internet banking. Customers can be confident that all of their details are protected by the latest security mechanisms and are used only for purpose of completing the transaction to purchase the Products ordered.
When purchasing Products, you will be asked to register your email address to complete the purchase. You will also have the opportunity during the checkout process to subscribe to our email newsletter, but you are welcome to not tick this box if you do not want to join up to receive emails containing special offers. This means we will not contact you with promotional or informational communications, but we will still hold your details for shopping purposes (which you can alter at any time by logging in). We may also contact you in direct reference to your order.
Pricing and Product Availability
We exercise great care to avoid errors in pricing and Product information. If mistakes do occur, we reserve the right to correct them. We apologize in advance for any inconvenience this may cause. We take great care to provide accurate stock numbers on our Website. Baby Gym Bars Pty Ltd will communicate any issues with you as a result of unavailability and we will credit without delay any payments made for such Products.
All prices on our Website are in Australian Dollars (AUD) and include GST. Prices are subject to change for any reason at any time without notice, but changes will not affect orders which we have already processed.
Shipping
Please Note we are a Western Australian Based company.
Perth Metro Area – 1-4 Business Days
Eastern States – 12-14 Business Days
Northern Territory – 12-14 Business Days
Rural Areas can take anywhere between 1 and 3 weeks.
Please note these delivery times are simply an estimation.
Baby Gym Bars Pty Ltd Legal and Public Liability
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS. Baby Gym Bars PTY LTD as supplier of Baby Gym Bars and accessories (“Products”), sells all Products subject to the following conditions:
1 To the maximum extent permitted by the law, Baby Gym Bars PTY LTD ACN- 612876632 its employees, directors and agents will not be liable to the customer, their dependents or legal representatives for damage to property, personal injury or death suffered by the customer because the Product was not manufactured or supplied with due care and skill, the Product is not reasonably fit for its purpose or because of negligence, breach of contract, breach of statute or breach of statutory duty by Baby Gym Bars PTY LTD.
2 , Baby Gym Bars PTY LTD, its employees, directors and agents are not liable to the customer, their dependents or legal representatives for personal injury or death suffered by the customer because the Product was not:
A: Installed in accordance with the instruction manual. It is the customer’s responsibility to check all boxes to confirm that all components are included and in the correct condition before assembly.
B: Installed with due care and skill, by the customer or a third party assembly service; and In the same condition as when the Product was supplied, due to wear and tear – including, but not limited to, weather damage, deterioration of the products.
3: The customer acknowledges that using the Product can be dangerous, with inherent risks and hazards. As a consequence, personal injury or death may occur. The customer assumes and accepts all such risks, and hereby – to the full extent permitted by law – waives the right of action against, and fully releases Baby Gym Bars PTY LTD for, loss, damages, personal injury or death in any way caused by, or relating to, the customer’s participation in such activities.
This includes – without limitation – liability for any negligent or tortuous acts or omission, breach of duty, breach of contract or breach of statutory duty on the part of Baby Gym Bars PTY LTD, its office bearers, directors, employees or agents. All of Baby Gym Bars Pty Ltd products comply with the compulsory Australian and New Zealand Standards ASNZ ISO 8124-1, ASNZ ISO 8124-2, ASNZ ISO 8124-3 in regards to Infant products 36 months and under. Baby Gym Bars Pty Ltd comply and understand our obligations under the Australian Consumer Law. Baby Gym Bars Pty Ltd take no responsibility for any Injuries, damage to property and miss use whilst using Baby Gym Bars Pty Ltd Products.
Reviews
All product reviews will be read and published on the website at our discretion. Multiple reviews on a product by the same customer will be disqualified from Product Review Competitions.
We reserve the right to make minor alterations to reviews for the purpose of fixing obvious errors.
Social Media Image Submission
If an image is submitted using a hashtag we have designed for the purpose of receiving images, we will receive that submission as authorization to use that image in the format to which the hashtag is allocated.
We take no responsibility for how others choose to share, comment on or engage with user images after we have posted.
Baby Gym bars Pty Ltd Warranty
Baby Gym Bars offers a 182 day warranty on all of our Products* This warranty covers all manufacturing faults or defects. It does not cover wear, tear or damage caused by use, accident or failure to follow care instructions.
The warranty is valid for 182 days from the date of the order and is available to the original purchaser of the Product only.
If you have any issues with any Product that you have received, please email us at hello@babygymbar.com and provide the order number, the name of the item at fault and full details of the fault (including photos if possible).
Australia Statutory Compliance
Baby Gym Bar understands its obligations under the Australian Consumer Law. All guarantees and warranties applicable under the Australian Consumer Law continue to apply regardless of these terms. For more information about customer rights, please see the Australian Consumer Law website – www.consumerlaw.gov.au.
In the event that our Product is not of acceptable quality or are otherwise faulty, we will resolve the concern by providing replacement part(s) and/or Products, or by refunding your purchase price.
Baby Gym Bar also strives to ensure that our customers are not misled, either intentionally or unintentionally.
Copyright and Intellectual Property
Baby Gym Bars Pty Ltd and its related brands are trade marks of Baby Gym Bars Pty Ltd. Baby Gym Bars Pty Ltd is the owner of the copyright and other intellectual property rights in the material contained on our Website, or is permitted by the owner of such intellectual property to use this material. Any use of the materials on this Website, including reproduction for any purposes, modification, distribution, or republication, without prior written permission of Baby Gym Bars Pty Ltd is strictly prohibited. All copyright enquiries can be directed to our email hello@babygymbar.com
All images and photographs on the Website may not be copied, reproduced or edited in any form without prior written (including email) approval from Baby Gym Bars Pty Ltd
All intellectual property on our Website, including without limitation, the text, graphics and all copyright works (including all copyright and design rights in our Products) is owned by Baby Gym Bars Pty Ltd. Baby Gym Bars Pty Ltd is the exclusive owner of all rights in the compilation, design and layout of this Website.
Privacy and Online Security
By using our Website and/or providing information to us, you consent to the collection, storage, use and disclosure of your personal information in accordance with our Privacy and Security Policy.
Disclaimer
Our Website provides general information about Baby Gym Bar Products and services we offer. The information contained in this Website has been prepared solely for the purpose of providing information about Baby Gym Bars Pty Ltd and the services and Products we offer. Baby Gym Bar Pty Ltd reserves the right to change, delete or move any of the material on this Website at any time without notice. Baby Gym Bars Pty Ltd shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access this Website. This includes viruses alleged to have been obtained from this Website, your use of or reliance on this Website or any of the information or materials available on this Website, regardless of the type of claim or the nature of the cause of action. By your use of this Website, you agree that you are using this Website solely at your own risk.
Changes to Terms and Conditions
Baby Gym Bars Pty Ltd has the right to revise and amend these terms and conditions at any time.
Governing Law
These terms and conditions are governed by and interpreted according to the laws of Australia.
Cautions and Warnings
Baby Gym Bars Pty Ltd Products are not applicable to a crib, play pen and similar devices. All products need to be assembled by an adult. Ensure adult active supervision at all times – Keep them at hands reach at all times Baby Gym Bars Pty Ltd strongly recommend using the plush safety wrap around toy whilst infants are learning to stand.
The infant’s safety is solely the supervising Adults responsibility.
Competition Rules and Regulations
A. Entries must be received within the timeframe specified.
B. We will determine the winner(s) at our sole discretion.
C. We will attempt to notify winner(s). If the Competition is run via a social media channel, we will attempt to notify the winner(s) by a message or comment on the social media channel concerned. If we are unable to reach the winner(s) within 7 days, we reserve the right to nominate a new winner.
D. By entering a Competition, entrants:
i. Grant Baby Gym Bars Pty Ltd permission to use their name(s) and hometown in winner announcement posts and/or notifications, as well as the unrestricted right to use (anywhere in the world and in any medium) any images submitted by entrants as part of the Competition; and
ii. agree that Baby Gym Bars Pty Ltd will not be liable in any way whatsoever, in relation to the use of their name, social media profile and/or any images submitted as part of the Competition.
E. Any prizes offered as part of a Competition will be as described by Baby Gym Bars Pty Ltd. Prizes are not transferable and are not redeemable for cash. Taxes on any prizes are the responsibility of the winner. In the event that the prize specified in the Competition becomes unavailable for any reason, we will substitute a prize of similar value. Winners receive prizes entirely at their own risk.
F. By entering a Competition, entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with, any social media platform (including Facebook, Instagram, Twitter and/or Pinterest).
G. Baby Gym Bars Pty Ltd reserves the right to amend, vary, extend or discontinue a Competition at any stage, for any reason.
H. Employees of, and contractors to, Baby Gym Bars Pty Ltd are not eligible to enter Competitions or win prizes; they will be disqualified.
I. Entry to a Competition is only open to Australian residents aged 18 years or over.
J. To the full extent permitted by the law, Baby Gym Bars Pty Ltd will not be liable for any injury, damages, expenses, or loss whatsoever (whether direct or indirect) to persons or property as a result of any person entering into the Competition or accepting or using any prize, including without limitation non-receipt of any prize or damage to any prize in transit.
K. By entering a Competition, all entrants are deemed to have accepted these terms and conditions. These terms and conditions apply to all competitions and promotions run by us, or on our behalf, including those undertaken via any social media channel (each a Competition). These terms do not apply, and we accept no responsibility for, competitions and promotions run by or on behalf of any party other than Baby Gym Bars Pty Ltd (regardless of whether our products are part of the competition or promotion)
