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General Terms of Use
1. Applicability and terms of use
1.1. These Terms and Conditions (hereinafter: ‘T and Cs’) apply to all offers made by Redsbaby available through the website www.redsbaby.com, www.redsbaby.com.au (hereinafter referred as: ‘Website’) and to every distance contract (hereinafter: ‘Agreement’) that is subsequently concluded between Redsbaby Pty Ltd. (hereinafter also: ‘we’/‘us’) and a consumer.
1.2. Redsbaby Pty Ltd. (ABN 68 625 563 519) (hereinafter referred as: “Redsbaby”, “us”, “our” or “we”) fully owns and operates this website and all of its subsidiaries.
1.3. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions.
1.4. If you do not agree to the Terms and Conditions outlined, please do not use this website.
2. Redsbaby company details and contact information
Redsbaby Pty Ltd.
729 Elizabeth Street
Zetland, Australia NSW 2017
Available Monday – Friday, 9.00am-4.30pm AEDT
(excluding NSW and National Public Holidays)
Please visit our Contact Us page for more ways to contact the Redsbaby team.
Phone: +61 1800 841 889
Email: support@redsbaby.com
ABN: 68 625 563 519
Redsbaby is a registered trademark under registration #5430595.
3. Ownership of website and content
3.1. Redsbaby owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website.
3.2. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Redsbaby.
3.3. No trademark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Redsbaby or of the relevant trademark owner.
3.4. Redsbaby attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to Product descriptions or other content of this site, is accurate, complete, reliable or error-free.
3.5. When transmitting personal information from your computer to the Redsbaby website, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, Redsbaby will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
3.6. The Redsbaby website may use “cookies” to help personalise your online experience and save you time.
4. Definitions
4.1. In these Terms;
4.1.1. “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.
4.1.2. “Customer” means the individual, organisation or entity that purchases the Product from Redsbaby.
4.1.3. “Product(s)” includes but is not limited to prams, strollers, high chairs, baby carriers, parts and accessories provided by Redsbaby, excluding the Britax Capsule.
5. Communication
5.1. Redsbaby may use your details to promote products and services in the form of email communications, SMS text messages and/or other types of personalised communication. If you would prefer not to receive communications from Redsbaby please contact our support team at support@redsbaby.com. Redsbaby is privileged to be trusted with your personal information and will never sell, rent, or share your personal information with any third parties for marketing purposes without your express permission.
6. Public statements
6.1. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Redsbaby without our prior written permission.
7. Your account information
7.1. By using the Redsbaby website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and or account.
7.2. You agree to accept responsibility for all activities that occur under your account or password.
7.3. Redsbaby reserves the right to refuse service, terminate accounts and/or remove or edit content if Redsbaby, acting reasonably, deems that the customer is acting in breach of the terms and conditions or is using the website in a fraudulent and/or improper manner.
8. Pricing
8.1. We aim to ensure that our website and pricing is always up to date, 8.1. We aim to ensure that our website and pricing is always up to date, however errors can not be ruled out completely. If we discover an error in price we will update as soon as is practical.
8.2. Prices displayed on the Redsbaby website are subject to change without notice.
8.3. All product pricing listed on the website, including delivery and dispatch costs, are inclusive of VAT..
8.4. If an offer, promotion or product price is subject to limited period validity, including time, incentive or other conditions, this will be stated on the website in relation to the offer at hand.
8.5. All pricing displayed on the website may not be matched at a physical retail location.
9. Copyright
9.1. All copyright in the materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) are owned by Redsbaby. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these Terms and Conditions or as is reasonably contemplated by, the normal use of the service, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the materials; or (b) commercialise the whole or any part of the materials, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.
10. Liability
10.1. Redsbaby provides this website and its contents on an “as is” basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Redsbaby will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.
10.3.1. you acknowledge that the website is provided “as is” and that we do not make any Warranty or representation as to the suitability of the website or a Product for any purpose;
10.3.2. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
10.3.3. we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
10.4. The Customer is solely responsible for making an assessment that any Product is reasonably fit for the Customer’s intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.
10.5. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
10.6. To the extent permitted by law, Redsbaby shall not be liable for any indirect or consequential damage, losses or expenses suffered or incurred by the Customer, whatever the cause.
11. Force Majeure
11.1. To the extent permitted by law, Redsbaby is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Redsbaby, and Redsbaby shall be entitled to a reasonable extension of time for the performance of such obligations.
12. General
12.1. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
12.2. This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these Terms and Conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
12.3. Redsbaby may amend these Terms and Conditions at any time in whole or in part from time to time without notice and amendments will be effective immediately upon posting the amended version on the Redsbaby website. By continuing to place an order for Products, the Customer will be deemed to have accepted the revised terms.