Part 1: TERMS AND CONDITIONS OF USE OF OUR WEBSITE
1.1.1 ‘We’ mean Pregnancy Activewear, its directors or person acting as sole trader;
1.1.2 ‘You’ or ‘your’ means the person who customers by using this website, accepts these terms; and
1.1.3 Website content or material means all the information displayed on this website, including without limitation, all information, text, graphics, names, logos, trademarks, designs, software and advertisements.
Pregnancy Activewear has used its best endeavours to ensure that this website content (which may include information obtained from third parties) is correct and current. However, the website may include errors and changes or events may occur which cause the information to be inaccurate or out of date. Accordingly Pregnancy Active Wear does not warrant the reliability, accuracy, currency or completeness of the website content and take no responsibility for any error, omission or defect contained in the website content.
3.1 Pregnancy Activewear does not guarantee the accuracy of the website or that it is free from viruses;
3.2 We will not be liable to you for any loss or damage, direct or indirect, including, without limitation, consequential loss or damage, however caused which may be suffered or incurred by you or which may arise from or in connection with the use of this website or your reliance on the information, services or materials contained in or provided in this website.
3.3 Any failure by Pregnancy Activewear to exercise or enforce any rights which we may have under these terms and conditions should and will not be construed as a waiver of any such rights unless waiver is granted to you in writing by us.
3.4 You agree to indemnify Pregnancy Active Wear from any proceedings brought against us to the extent that such proceedings are brought against us in relation to the use of this website including any breach by you of any of the terms contained in this website.
3.5 You indemnify Pregnancy Activewear and hold us harmless against all loss, actions, proceedings, costs, expenses, claims and damages including claims from third parties arising directly or indirectly our of or in connection with any breach by you of the terms contained in this website or any suit, claim or demand against us by or due to conduct, act or omission of yourself or accessing the content through your account.
We do not warrant that any of the functions contained in this website or access to the website will be uninterrupted or error free, or that any outage notifications will be made in the event that this website is interrupted.
Pregnancy Activewear may from time to time interrupt the service to this website for upgrade or maintenance or it may be interrupted due to circumstances beyond our control, in which event we will then endeavour to minimise any such interruption.
As we do not represent or warrant that this website is free from errors or viruses or any defects, you should protect your software and systems by installing and implementing your own security and system checks.
5.1 All orders must be made via the online shop through the website and no orders via phone, fax or email will be accepted. Your order will only be considered confirmed once we receive full payment. All prices displayed on our website will be in AUD (Australian dollars) and includes GST. We dispatch to any address within Australia and most international destinations.
5.2 We will confirm your online order by email prior to dispatch. If we have any queries in relation to payment or anticipate any delivery delays we may contact you via email.
5.3 We will endeavour to update the website in connection with specific items or stock available but do not guarantee that any specific item will be available. If you place an order for any items that are out of stock we will notify you be email and you can either place an order for an alternative item (or items) or we will refund your payment in full.
5.4 If there is an error in the price of the goods you have ordered, we will notify you by email that your order has not been accepted and is cancelled. In this event we will provide you with a full refund of the amount you paid. You may also elect to re-order the item at the correct price as a separate order.
5.5 We will provide you with an estimated date of delivery but do not guarantee delivery on that date but we will endeavour to have the goods delivered within the time specified. We use couriers or post services within Australia and due to the fact that we have no control over their handling of the items once it leaves our premises, we cannot guarantee the delivery on the specified date.
5.6 We will provide you with the shipping rates on our website below, which may vary from time to time and any discounted rates may cease at any time without prior notice having been provided to you. You must pay all cost for shipping or postages.
5.7 We reserve the right to change the shipping rates, method of delivery or courier or shipping provider at any time without prior notice to you.
5.8 If, after you have made a purchase online, you wish to cancel your order, you must notify us in writing. If the item has not yet been packed and dispatched to you, we will provide you with a full refund but if already packed for dispatched or in fact dispatched, you will need to follow the refund provisions above.
5.9 Shipping rates and conditions:
5.9.1 Within Australia: Shipping charges within Australia is a flat rate of $8.95.
5.9.2 International: The charge a flat rate of $14.95 for shipping costs to most international destinations. The shipping charges may vary for selected countries and we will contact you by email if there are any variations prior to dispatching your order.
We do not accept any responsibility for customs delays, import duties or taxes which may apply in the destination country and you must check with your local customs office whether any duties apply. It is also your responsibility to check with your customs whether any specific requirements or arrangements are to be made by yourself and we take no responsibility to enquire about these requirements.
By placing an order by email you accept responsibility for any customs, duties or import taxes charged.
Please refer to ‘Shipping Rates’
6.1 It is the customer’s sole responsibility to inspect the goods and ensure there are no damage or defects.
6.2 In the event that you receive incorrect goods or the goods you receive are damaged or defective or you are not satisfied with your selection, we will provide you with a refund in full provided that you notify us in writing within 14 days from date of purchase provided you:
6.2.1 Notify us in writing that you request a refund prior to the expiry of 14 days from date of purchase; and
6.2.2 The tags are intact on the items and the items have not been worn; and
6.2.3 You return the items to our address stated in our delivery invoice
6.2.4 You provide a copy of the tax invoice for the purchase.
6.3 We reserve the right to refuse to receive any return in the event that the above conditions have not been met by you.
6.4 If you elect to exchange an item, the exchange items will not be packed and dispatched prior to us receiving the returned items.
6.5 If we are providing a refund to you for any reason outlined above, please allow 7 days for us to process the payment.
6.6 We will not be liable for any items lost in transit and therefore recommend that you return all item via registered post services.
7.1 From time to time we may provide you with a newsletter, or specials catalogue.
7.2 By using our website and placing an order, you consent to us using your email address to send you the newsletters or catalogues or promotional material including any updates on our website.
7.3 We do not guarantee that product descriptions will be accurate and therefore we recommend that if you are not entirely satisfied with your selection, to return the items in the method as outlined above.
We may use our website to post images of individuals undertaking physical activity or post comments about training or lifestyle choices, which images or comments are purely for purposes of demonstration and in no way to be deemed advice provided by us, either medically or legally that any of these activities are suitable to any particular person visiting our website or following us on social media and it is the customer or visitor’s responsibility to ensure that they consult their medical practitioner or specialist to confirm they are medically fit to undertake any particular physical activity or follow any particular life choice depicted in the course of our social media including blogs.
All brands, product and service names, content of this website, designs, text, graphics or software are the property of Pregnancy Activewear and no permission is given to you or any third party to use, copy or reproduce any of this or part thereof without the prior written consent by us. Any unauthorised use, copy or reproduction in any way will constitute an infringement of our legal rights and we reserve the right to take legal action against any such unauthorised use, copy or reproduction.
These Terms and Conditions are governed by and will be construed in accordance with the laws of Queensland, Australia.
How our policy operates:
We are bound by the governing Privacy legislation in Australia (Privacy Act 1988 (Cth). We will endeavour to maintain the highest standards to protect your personal information.
We will not disclosure your information unless authorised or required to do so by law.
What information we will hold:
Personal Information is the meaning given by the Act and is any information to identify you. The information we collect and use includes but is not limited to your name, contact details, date of birth, lifestyle hobbies and occupation, details of products you have purchased or enquired about.
How do we collect your personal information:
We will collect certain personal information from you when you visit our website and place an order.
What information we collect from visitors on our website:
When you use our website you may be requested to provide your personal information which may include your location, internet browser type, language, operating system, service provider. This is collected anonymously and therefore no identifying information is collected.
We also use this system to measure the success of our inline advertising through our website and its different products offered.
How do we use the personal information:
Once we have collected your personal information we will only use it in connection with our business by providing products to you, responding to your requests and orders, evaluating our website and services provided to you, undertaking direct marketing of our products including special offers or promotions, carrying out activities in relation to general administrative and business purposes.
How might we disclose your personal information:
There may be times we have to disclose your personal information to anyone who assists us in our systems security and service providers, and to process your information for data processing and customer surveys.
Management of your personal information:
We will implement safeguards and procedures to ensure the personal information we collect from you will be kept safe and secure from any unauthorised access by third parties. Whilst we take these steps we do not accept any liability for improper actions of unauthorised third parties or disclosures of data due to errors in transmission.
We will take all reasonable endeavours to ensure your personal information collected through our website is protected but in the event that our system is infiltrated by any unauthorised third party, we will not be held liable for any misuse of any of your personal information.
Contact our Privacy Officer
If you have any queries please contact our privacy officer at: