Definitions and interpretation:
“Australian Consumer Law” means the law set out in Schedule 2 of the Competition and Consumer Act 2010.
“Consumer” means an individual who buys Goods for personal, domestic or household use or consumption and not for resupply, resale or manufacture.
“Contract” means the contract between Pognae Australia and the Customer for the sale and purchase of Goods.
“Customer” means the person or corporation that buys or has agreed to buy the Goods from Pognae Australia.
“Goods” means any items of commercial property being baby carriers, hipseat carriers, infant inserts and accessories which are sold by Pognae Australia to the Customer.
“Pognae Australia” means Pognae Australia (ABN 445 025 807 44).
Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter genders and vice versa.
By purchasing from our website (www.pognae.com.au), the customer is agreeing to the following terms and conditions:
a) The Customer acknowledges that it has read, understood and agrees to be bound by these Terms and Conditions of Sale (“Terms and Conditions”) which are deemed to be incorporated into each and every contract for sale of Goods between Pognae Australia and the Customer.
b) These Terms and Conditions apply to all sales of Goods by Pognae Australia to the Customer. They supersede and prevail over all other conditions and agreements between the parties including any Customer’s terms of trade.
2. Payment & Pricing
a) Pognae Australia accepts credit card and Paypal payments. Payments must be received in full and cleared before your hipseat baby carrier will be dispatched.
b) The price of Goods specified on this website is the price which is applicable at the time that you place your order. All of the prices listed on www.pognae.com.au are inclusive of GST. The price of the Goods is exclusive of shipping charges.
c) Pognae Australia reserves the right to revise prices to take account of increases to Pognae Australia in the costs of supplying the Goods.
a) Any time quoted by Pognae Australia for delivery of Goods is an estimate only. Pognae Australia may suspend delivery or extend the delivery or supply time for any reason.
b) Pognae Australia will use its best endeavours to send Goods to Customers by regular post within seven (7) business days of receiving full payment of the relevant invoice, subject to the availability of the Goods.
c) Pognae Australia shall not be liable to the Customer for any consequential loss or damage arising from any delay in delivery or non-delivery or non-supply of Goods.
4. Return of Goods
a) All claims for returns of Goods for credit must be notified in writing to Pognae Australia within 14 days upon which the Goods have been received by the customer, stating the date and number of the invoice and the reason for the return (ie. Faulty, damaged, wrongly delivered). Approval of return of Goods outside this period may be granted at the discretion of Pognae Australia.
b) Pognae Australia will not be liable to bear the costs of freight or delivery charges for returns of Goods unless liability for such charges has previously been expressly agreed and accepted by Pognae Australia who reserves the right to nominate the means, method and type of transport to be used.
a) All Pognae Australia baby carriers come with a one-year warranty that the products are free from manufacturing defects in materials and workmanship and are of acceptable quality.
b) In the rare instance which there is a manufacturing issue or defect, we will provide the customer with a refund, repair or exchange.
c) Unless specified, this warranty does not cover:
i. Modified, abused, neglected, accidentally damaged or excessively worn Goods, or Goods that have become damaged or defective as a result of improper use;
ii. Repairs attempted or made by the Customer, a Consumer or a third party;
iii. Conditions or malfunctions caused by the reasonable effects of fair wear and tear or the malfunction of normally wearing parts.
d) We are not responsible for warranty coverage for any item that has been purchased secondhand.
e) You must provide Pognae Australia with your proof of purchase when making a warranty claim.
a) We reserve the right to cancel any order. In rare instances where we cancel an order, the customer will be fully refunded.
b) The customer is only able to cancel an order prior to the product being dispatched. To cancel an order, please email us on firstname.lastname@example.org. After an order has been successfully cancelled by the customer, Pognae Australia will send the customer a confirmation email and the refund will be processed within 1-2 business days. However, please note that the time it takes for banking institutions to return the refund to the customer’s account may vary.
7. Risk and Title
(a) Notwithstanding anything contained in these Terms and Conditions, the insurance risk in the Goods shall pass to the Customer upon delivery of the Goods or upon the Goods leaving the premises of Pognae Australia, whichever is earlier.
(b) Pognae Australia retains title (including any equitable and/or beneficial entitlement) to all the Goods referred to in the invoice until such time as the Customer has paid for the Goods the subject of the Contract and all other Goods supplied by Pognae Australia to the Customer in full. This condition of sale does not entitle the Customer to return the Goods or to refuse or delay payment on the grounds that title, property and/or ownership in or of them have not yet passed to the Customer.
(c) The Customer and Pognae Australia agree that the provisions of this clause apply notwithstanding any agreement between the parties under which Pognae Australia grants the Customer credit.
Any notice to be given to the Customer shall be deemed to be given upon its being posted to the address of the Customer, the Customer’s registered office, the address of the Customer’s principal place of business or to the Customer’s last known address.
c) Unless Pognae Australia obtains your written consent, Pognae Australia will not sell, disclose, licence or rent personal information to a third party for that third party’s marketing purposes.
d) “Personal information” means information that can be associated with a specific person and can be used to identify that person, including photographs and videos.
e) Pognae Australia collects personal information in a number of ways, including:
i. information collected directly from the individual, in person, by phone or in writing (including email);
ii. when an individual visits and/or uses the Website, in which case Pognae Australia records information sent to Pognae Australia by the individual’s computer, mobile device or other access device; and
iii. from third parties such as Pognae Australia’s related entities, service providers, operators of linked websites, applications and advertising on the Website.
f) Pognae Australia collects, uses and stores personal information to provide individuals with access to and use of the Website in a personalised, safe and efficient matter.
g) Pognae Australia also uses personal information for billing purposes and to complete orders. If Pognae Australia has difficulty processing an order, Pognae Australia will use this information to contact the Customer.
h) Pognae Australia uses personal information for essential communications, such as emails, accounts information, and critical service details. Pognae Australia may also use this information for other purposes, including some promotional emails, VIP programs, newsletters, and for purposes related to marketing, advertising and promotion. If at any time a Customer wishes not to receive such correspondence or be involved in any marketing, advertising and promotional activities, the Customer can request to be removed from any mailing lists or promotional activity by emailing Pognae Australia.
i) Pognae Australia follows generally accepted industry standards to protect personal information.
j) If a Customer’s personal information changes, or if a Customer no longer desires Pognae Australia services, the Customer may correct, update, delete or deactivate the personal information by emailing Pognae Australia.
k) The Customer will be notified when the Customer’s personal information is collected by any third party that is not an agent/service provider of Pognae Australia, so that the Customer can make an informed choice as to whether or not to share information with that party.
l) Pognae Australia may at its discretion use other third parties to provide essential services on Pognae Australia’s site or for Pognae Australia’s business processes. Pognae Australia may share the Customer’s details as necessary for the third party to provide that service.
m) These third parties are prohibited from using the Customer’s personally identifiable information for any other purpose.
n) Pognae Australia does not share any information with third parties for any unknown or unrelated uses.
o) Pognae Australia reserves the right to disclose the Customer’s personal information as required by law and when Pognae Australia believe that disclosure is necessary to protect Pognae Australia’s rights and/or comply with a judicial proceeding, court order, or legal process served on Pognae Australia’s website.
p) Links on the Pognae Australia site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of http://www.pognae.com.au.
10. Governing law
This Contract and these Terms and Conditions will be governed in all respects in accordance with the laws of New South Wales. The Customer and Pognae Australia agree to submit to the exclusive jurisdiction of the Courts of New South Wales.