1.1. These Terms and Conditions (hereinafter: ‘T and Cs’) apply to all offers made by Redsbaby available through the website 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 way to contact the Redsbaby team.
Phone: 02 7201 5891
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.
4.1. 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. “Baby Bundle” means multiple Products that are sold together as a package at a discounted price; the package of Products may include, but is not limited to, the Britax Capsule, Product and Accessory (e.g. Pram and Bassinet).
4.1.3. “Britax’ means Britax Childcare Pty Ltd ABN 55 006 773 600.
4.1.4. “Customer” means the individual, organisation or entity that purchases the Product from Redsbaby.
4.1.5. “Delivery” or “delivered” means the time when the Products are transported from the premises of Redsbaby or its Agent and delivered to the Customer by whatever means or when Redsbaby advises the Customer the Product is available for collection and the Products are collected by the Customer.
4.1.6. “Ex-Demo” or "Display" means any Product sold which has been used for product demonstrations or displays.
4.1.7. “Gift with Purchase” means any free of charge Products provided with sale, including but not limited to free accessories and Products added to the Customer order at the discretion of a Redsbaby employee;
4.1.8. “Imperfect Box” means any Product sold with a damaged outer carton known to the Customer prior to the sale.
4.1.9. “Product(s)” includes but is not limited to prams, strollers, high chairs, baby carriers, parts and accessories provided by Redsbaby, excluding the Britax Capsule.
4.1.10. “Warehouse Sale” means any Products sold to a Customer marketed as ‘Warehouse Sale”.
4.1.11. “Reconditioned Stock” means any Products that have been repaired and/or reworked where necessary to function according to the product's specifications and applicable safety standards. These products will be sold to a Customer marketed as ‘Reconditioned Stock’.
4.1.12. “Outlet Products” means any Products sold to a Customer on the ‘Outlet’ page on our website.
4.1.13. “Discontinued Products” means any Products sold to a Customer marketed as ‘Discontinued’.
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 firstname.lastname@example.org. 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. Offers, pricing and dispatch costs
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 relative to your order post-purchase, we will contact you with the option to either;
8.1.1. rectify the error at the corrected price or;
8.1.2. reserve the right to terminate and refund the order in full.
If we are unable to contact you on the contact details provided at the time of order within a reasonable time, we reserve the right to cancel and refund the order in full by terminating the sales order agreement.
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 GST.
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. The price of an item once ordered is fixed at the time the order is accepted by Redsbaby. Any subsequent price changes (either up or down) will not apply to any orders that have already been accepted.
8.6. All pricing displayed on the website is for online purchases only and may not be matched at a physical retail location unless with the expressed written consent from Redsbaby Pty Ltd.
9.1. All payments are made by a secure server, which will encrypt each transaction as a security precaution, and all payments must be made in Australian Dollars only.
9.2. You may pay for an accepted order using your (a) Visa; (b) MasterCard; (c) Debit cards displaying a Visa or MasterCard logo; (d) PayPal; (e) ZipPay; (f) Afterpay; (g) Pay4.
9.3. If Redsbaby is unable to successfully process payment for your order, then Redsbaby may reject or cancel your order.
9.4. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
9.5. Any dispute regarding payment must be advised to Redsbaby within five (5) business days of purchase.
10. Order cancellations
10.1. Redsbaby may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
10.1.1. the Products in that order are not available;
10.1.2. there is an error in the price or the Product description posted on the website for the Product in that order;
10.1.3. Redsbaby deem a coupon code has been applied to an order in an unauthorised or incorrect manner, which will be at the sole and unfettered discretion of Redsbaby;
10.1.4. that order was paid for via direct deposit, and the Products in that order sold out while Redsbaby were awaiting the funds to be received for that order; or
10.1.5. your order has been placed in breach of these Terms and Conditions.
11. Refund policy
11.1. A Customer who purchases through the Redsbaby Website or via phone order and is dissatisfied with the Product received can request a full refund of the purchase price (excluding shipping costs) provided they notify Redsbaby of their intention to return the Product and seek a refund within 30 days from the date of Delivery of the Product to the Customer (part of our 30 Day Indoor Trial).
The following additional conditions apply to returns of Products made by a Customer in accordance with:
11.1.1. refunds will be supplied to the original purchaser only;
11.1.2. refunds will be supplied only when original proof of purchase is provided;
11.1.3. all Gift With Purchase items must be returned in order to obtain a refund. Failure to return Gift With Purchase items will result in the deduction of the value of the items from the amount refunded to the Customer;
11.1.4. this return and refund offer only applies to Product purchases made through the Redsbaby Website, phone orders and email orders.
11.1.5. this return and refund policy does not apply to Redsbaby Products purchased:
184.108.40.206. from other third parties such as retailers, distributors or on-sellers;
220.127.116.11. second hand (including private sellers, third party businesses or reseller groups/ networks);
18.104.22.168. as Ex-Demo, Display, Imperfect Boxes, Reconditioned Stock, Warehouse Sale, Outlet or Discontinued;
22.214.171.124 Redsbaby Nursery Products (including the ARBOUR Furniture Collection and Nursery Accessories), Redsbaby Spare Parts and Gift With Purchase Items;
11.1.6. if two or more of the same Product (as defined by the model and/or Product name) have been purchased in one order or by one Customer across several orders, Redsbaby will only refund one of the Products. If the same Product (as defined by the model and/or product name) has been purchased in different colours, only one colour will be refunded.
11.1.7. refund notifications must be made to Redsbaby by completing the returns form located on our Website. Once your form has been submitted, Redsbaby will contact you within two (2) business days via email including instructions for the return of the Product at your local Australia Post office and a returns shipping label which the Customer will need to print and secure to the Product return;
11.1.8. the Customer is responsible for returning the Product to Redsbaby within five (5) business days of having received the return shipping label from Redsbaby;
11.1.9. Return costs are covered by Redsbaby as outlined in clause “12. Free Returns” policy;
11.1.10. the Product must be returned to Redsbaby in ‘as new’ condition without damage, marks, scratches, or signs of use, repacked as originally delivered in its full packaging and shipping carton. This includes all plastic and cardboard fillers (where applicable) that are used to protect and stabilise the Product within the packaging during delivery. Failure to repack the Product as originally delivered without all fillers and packaging within the carton may forfeit the Customer’s refund;
11.1.11. where, upon examination and testing of the returned Product by Redsbaby, it is found that the Product has been damaged, marked, scratched, misused, or is not in an ‘as new’ condition then Redsbaby shall be under no obligation to provide a refund to the Customer (unless such condition or state of the Product was caused by Redsbaby or its courier or Delivery agent). A partial or full refund to the Customer on return of a Product in such circumstances will be at the sole and unfettered discretion of Redsbaby;
11.1.12. if Redsbaby deems the Product to be in a condition not consistent with clause 11.1.10 and 11.1.11 and the Customer requests for the return of the original Product, then the Customer will be deemed liable for all transport costs incurred, including the return freight charges of the Product to Redsbaby and the freight charges for sending the returned Product back to the Customer. These charges are to be paid to Redsbaby via the payment options outlined in the invoice Redsbaby will provide to the Customer prior to the Products being dispatched to the Customer;
11.1.13. Redsbaby reserves the right to revoke this return and refund offer at any time. In the event that Redsbaby does revoke this offer, then this offer will only be available to Customers who have purchased a Product prior to the date of the offer being revoked and who have satisfied all other conditions necessary to be entitled to rely on the offer, as are set out in this clause. A Customer who purchases a Product after this offer has been revoked, shall not be entitled to rely on the offer made by any previous and superseded Terms and Conditions which may have contained this offer;
11.1.14. the policy applies only for Customers in Australia;
11.1.15. refunds are applied back via the original payment method, and once approved by Redsbaby, can take up to 5-10 business days;
11.1.16. for the purposes of determining the 30 day period for the return of a Product, the date of Delivery shall be taken to be the date that the courier or Delivery agent engaged by Redsbaby delivers the Product to the shipping/ Delivery address requested by the Customer; and
11.1.17. the full refund amount excludes all shipping costs incurred to the customer; and is equal to the amount paid for the goods only.
11.2. A Customer who purchases a Britax Capsule through the Redsbaby Website or via phone order and has a change of mind can request a full refund of the purchase price (excluding shipping costs) provided that they notify Redsbaby of their intention to return the Product and seek a refund within 30 days from the date of Delivery of the Product to the Customer.
The following additional conditions apply to returns of Products made by a Customer in accordance with:
11.2.1. clauses 11.1.1 – 11.1.9 and 11.1.13-11.1.17 inclusive;
11.2.2. the Britax Capsule must be returned to Redsbaby unopened and completely sealed in its original packaging;
11.2.3. if the Customer purchased a pram as a Baby Bundle together with a Britax Capsule, and the Customer has opened the Britax Capsule, whether used or unused, the Customer must keep the Capsule, and Redsbaby will deduct the amount equivalent to the full RRP value of the Britax Capsule as listed on the Redsbaby Website at the time of Purchase) from the refund amount provided to the Customer under the 30 Day Indoor Trial;
11.2.4. if the Customer purchased the Britax Capsule on its own, and the Britax Capsule has been opened, whether used or unused, the Customer must keep the Capsule and a refund will not be provided for change of mind; and
11.2.5. the customer is responsible for all shipping costs incurred for returning the Britax Capsule and the redispatch of the Britax Capsule to the customer if it is found to have been opened, whether used or unused, upon arrival and inspection of the returned item.
11.3. a Customer who purchases a Baby Bundle through the Redsbaby Website or via phone order and has a change of mind can request a full refund of the purchase price (excluding shipping costs) provided they notify Redsbaby of their intention to return the Product and seek a refund within 30 days from the date of Delivery of the Product to the Customer.
The following additional conditions apply to returns of Products made by a Customer in accordance with:
11.3.1. clauses 11.1.1 – 11.1.17 and 11.2.1-11.2.5 inclusive;
11.3.2. if the Customer requests a return of all the Products in the Baby Bundle they will receive a full refund of the purchase price of the Products;
11.3.3. if the Customer requests a partial return of Products in the Baby Bundle, Redsbaby will deduct the full RRP price of the Products not returned to Redsbaby from the refund amount provided to the Customer under the 30 Day Indoor Trial;
11.3.4. if the Britax Capsule is included in a Baby Bundle, conditions apply to the return of the Britax Capsule in accordance with clauses 11.2.1-11.2.5 inclusive.
11.3.5. if the customer receives a refund under clause 13.4, only the Product with the major fault will be refunded. Redsbaby is under no obligation to refund Products that are not deemed to have a major fault whether purchased at the same time as the faulty product that is being refunded or separately. This includes items purchased within a Baby Bundle. For returns of items with a major fault purchased in a Baby Bundle, Redsbaby will deduct the full RRP price of the Product(s) not returned to Redsbaby from the refund amount provided to the Customer.
11.4. Redsbaby Refund Policy shall be subject to the requirements of the Australian Consumer Law, and where applicable shall be modified to the extent necessary to comply with the Australian Consumer Law and shall be supplemented where necessary to provide any additional rights and obligations upon Redsbaby and the Customer where necessary to comply with the Australian Consumer Law.
12.1. returns are subject to the terms and conditions listed under clause “11. Refund policy”. The following additional conditions apply to returns of Products made by a Customer in accordance with this clause:
12.1.1. the Customer must follow the returns process on our website, including completing all requested information and data fields where requested;
12.1.2. the Customer must complete the online returns process within 30 days of having received their Product providing all necessary information to facilitate the return; and
12.1.3. the Customer must remove all shipping labels from the original packaging and follow the instructions provided on the Australia Post return shipping label provided by Redsbaby within five (5) business days of having received their returns shipping label from Redsbaby.
12.2. free returns policy does not apply to:
a. nursery Products including the ARBOUR Furniture Collection
c. spare parts;
d. all sale and outlet items;
e. all discount items offered by Customer Care; and
e. ex-demo, display, imperfect boxes or warehouse sale
12.3. clause 12.2 does not apply to faulty Products where such condition or state of the Product was caused by Redsbaby or its courier or Delivery agent.
12.4. Redsbaby Refund Policy shall be subject to the requirements of the Australian Consumer Law, and where applicable shall be modified to the extent necessary to comply with the Australian Consumer Law and shall be supplemented where necessary to provide any additional rights and obligations upon Redsbaby and the Customer where necessary to comply with the Australian Consumer Law.
13.1. Redsbaby Products are covered against faults in material and workmanship when used under normal conditions, according to user manuals and technical specifications, for a period of 24 months from the date of dispatch of the product (36 months if the Customer registers for the extended warranty online).
13.2. Our Product(s) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
13.3. If your Product fails to be of acceptable quality, for a minor fault, Redsbaby will offer you a repair or a replacement. Redsbaby reserves the right to obtain an independent assessment from an assessor of Redsbaby’s choosing, of Products to determine whether a major fault is the result of a manufacturing fault or misuse. Redsbaby will cover the costs of shipping fees to and from the independent assessor. Should the independent assessor or Redsbaby deem the failure to be of a major failure, you are entitled to a replacement or refund. If no major manufacturing faults are detected, Redsbaby will return the Product to the Customer without issuing a refund.
13.4. All Redsbaby Products (excluding products marked as ‘Ex-Demo’, 'Display', ‘Warehouse Sale’, ‘Reconditioned Stock’, ‘Imperfect Box’, ‘Outlet’ and ‘Discontinued’) come with a 24 Month Warranty as standard. To receive an extra 12 month warranty, customers are required to complete our registration form within 60 days of receiving their order. The extra 12 month warranty does not apply to products marked as ‘Ex-Demo’, 'Display', ‘Warehouse Sale’, ‘Reconditioned Stock’, ‘Imperfect Box’ or Spare Parts. The standard 24 month warranty commences from the date the item(s) is shipped from the Redsbaby warehouse. Warranties are not transferrable.
13.4.1. Redsbaby ‘Ex-Demo’, 'Display', ‘Warehouse Sale’, ‘Reconditioned Stock’, ‘Imperfect Box’, ‘Outlet’ and ‘Discontinued’ Products and Spare Parts come with a twelve (12) Month Warranty. Warranties are not transferrable.
13.5. Redsbaby reserves the right to stop manufacturing a particular model, colour, fabric or accessory at any time. Redsbaby will replace the Product or part of the Product with a similar part, colour or fabric during the manufacturer’s warranty period.
13.6. Customers should carefully read and consult the user guides, manuals and provided documentation before assembling or using any Redsbaby product, failure to follow the user manual may result in forfeiting your warranty.
13.7. Subject to clause 13.1, 13.2, 13.3, 13.4, 13.5 and 13.9, if a Customer discovers a fault in a products material or workmanship, and Redsbaby inspect the product and confirms that there is a fault, then Redsbaby will replace the product or faulty part of the item or repair the fault if notified within the 24 Month Warranty period (or 36 month Warranty period if the customer has registered within the first 60 days of the product being dispatched).
13.8. Customers are liable for any transportation costs if they require replacement or warranty parts to be shipped internationally, even if Product(s) are within the Warranty claim period.
13.9. Customers are liable for any transportation costs if the Product(s) is not found to be faulty.
13.10. To the extent permitted by law, the following are not covered by Warranty:
13.10.1. failure or defects resulting from improper care or use;
13.10.2. normal wear and tear including scratches, marks and fading;
13.10.3. Product(s) purchased second hand or from an unauthorised distributor;
13.10.4. faulty or incorrect assembly of the Product(s) by the Customer;
13.10.5. installation of a part or accessory not compatible with the Product(s)and/or not manufactured by Redsbaby;
13.10.6. tyre wear and tear and punctures (note that tyres require regular maintenance and care and may require replacement over time due to normal wear and tear);
13.10.7. any modification or alteration not conducted or authorised by Redsbaby;
13.10.8. deterioration of the Product due to environmental conditions, including high humidity, salt spray, ice or snow or due to insufficient maintenance; including rust;
13.10.9. accidental or intentional damage, abuse or neglect;
13.10.10. damage to grips or fabrics as a result of normal handling and daily use;
13.10.11. airline/transport damage: check your Redsbaby Product(s) carefully after it has been handled by the airline (or other transporters) and if required, submit your claim directly to your travel insurer/airline;
13.10.12. consumer dissatisfaction with the Product(s)in terms of disliking the fit, weight, functionality, colour or style;
13.10.13. if the batch number on the Product has been damaged or removed;
13.10.14. when the Product(s) has not been used for normal use and in accordance with the manufacturer’s instructions.
13.11. Warranties do not apply where the Product(s) are acquired for rental, hire or other commercial purpose.
13.12. Warranties relating to aesthetic imperfections are not covered for all Products marked as ‘Ex-Demo’, ‘Display’, ‘Warehouse Sale’, ‘Reconditioned Stock’ and ‘Imperfect Box’ Products.
13.13. If there is a major failure with a Product(s) as deemed by Redsbaby, the Customer is entitled to:
13.13.1. reject the Product(s) and get a refund; or
13.13.2. reject the Product(s) and get a replacement, or one similar in value if reasonably available.
13.14. In the event of the Customer electing a refund for a major failure, the Product(s) must be returned to Redsbaby, in their original packaging and condition at the time when the major failure was identified and inspected by Redsbaby to confirm the reported major failure of the Product(s). Following confirmation by Redsbaby of the reported major failure, the refund will be arranged. No refund will be provided to the Customer until the Product(s) are returned to (and received by) Redsbaby or a nominated Redsbaby repair agent, with the major failure confirmed.
13.15. If there is a minor failure with the Product(s), Redsbaby reserves the right to choose to have the Product(s) repaired, replaced, or to offer a refund of the cost of the Product(s).
13.16. Proof of purchase from the original purchaser is required for all warranty claims and for the extended warranty period (12 months) on eligible products to be granted. Proof of purchase must come in the form of the original order confirmation and tax invoice being provided to Redsbaby. To verify the order is from the original purchaser, Redsbaby reserves the right to request proof that the individual requesting the warranty is the same individual that made the original purchase.
13.17. Product care and maintenance instructions can be located in the product guide for each product.
13.18. Warranties are not transferrable and apply to the original purchaser of the products only.
13.19. Spare parts come with a standard 12 month warranty and are not eligible for an extended warranty.
14. Ex-Demo, Warehouse Sale, Reconditioned Stock, Imperfect Box, Display, Outlet and Discontinued Products
14.1. Prices are inclusive of GST.
14.2. All Products marked as ‘Ex-Demo’, ‘Display’, ‘Warehouse Sale’, ‘Reconditioned Stock’, ‘Imperfect Box’, ‘Display’, ‘Outlet’ and ‘Discontinued’ come with a 12 (twelve) month Warranty Period. Refer to Clause “13. Warranty”.
14.3. All Ex-Demo, Display, Warehouse Sale, Reconditioned Stock and Imperfect Box Products are sold as is/ seen. It is the Customer’s responsibility to obtain details from Redsbaby to satisfy their approval of the condition of the product prior to purchase.
14.4. All Products marked as ‘Ex-Demo’, ‘Display’, ‘Warehouse Sale’, ‘Reconditioned Stock’, ‘Imperfect Box’, ‘Display’, ‘Outlet’ and ‘Discontinued’ are not eligible for refund due to change of mind.
15. Dispatching your order
15.1. A completed order will show on your order confirmation email and profile as ‘Awaiting Fulfillment’ or ‘Awaiting Shipment’. Once your order is in status ‘Picking’ we will be unable to update, cancel or add additional items to your order without processing a return and refund process. Please contact our Customer Care team on (02) 7201 5891 or by email, email@example.com if you have any queries once your order has been placed. Any cancellations of orders may attract a service fee especially if the items ordered have already departed our warehouse.
15.2. Provided your items are in-stock and payment has been received we will endeavour to dispatch your order from our warehouse within seven (7) business days. Delays may occur during peak sales periods.
15.3. Any period or date for Delivery stated by Redsbaby is intended as an estimate only and is not a contractual commitment. Redsbaby will use its best endeavours to meet any estimated Delivery dates but Redsbaby will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated Delivery date.
15.4. It is the Customer’s responsibility to designate a Delivery address where the Delivery can be accepted and signed for during business hours.
15.5. Redsbaby will not be liable for any delay in Delivery of the Products, or any failure or inability to Deliver the Products within a particular time frame. Redsbaby reserves the right to amend Delivery methods without notice.
15.6. Redsbaby shipping costs will only cover one (1) Delivery attempt; it’s the Customer responsibility to provide a Delivery address that will be attended at the time of Delivery. The Customer is responsible for paying all additional Delivery costs as charged by the Delivery company to Redsbaby before receiving additional Delivery attempts.
15.7. Redsbaby will not be liable for missing or damaged Products received at time of delivery, if notice of missing/damaged Product has not been given to Redsbaby within seven (7) days of delivery.
16.1. 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.
17.1. 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.
17.2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
17.3. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Redsbaby liabilities under those provisions:
17.3.1. 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;
17.3.2. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
17.3.3. 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.
17.4. 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.
17.5. 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.
17.6. 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.
18. Force Majeure
18.1. 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.
19.1. 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.
19.2. 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.
19.3. 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.