Amendment of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and ergopouch.com.au’s rights and obligations to each other.
Promotions, Offers & Giveaways
From time to time we may advertise discounts, sales, promotions or release promotion codes that may be used on the site. Promo codes or Sale discounts are valid only for the specified period stated and can only be redeemed in accordance with any special Terms stated for them - such as minimum spend requirements, validity periods and product or sale exclusions. Only one promotion code or sale offer can be used per order. Once an order has been placed for an item on sale or using a promotion code, changes cannot be made to the order. Orders cannot be combined once they have been placed. You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).
Change of mind during a promotional sale period
During promotional sale periods, we do not offer returns for change of mind. At this current time, we can't make any changes to your order once it's completed. We kindly request all customers check their details, including address, sizing, colours and contact details.
Free Room Thermometer
The Free Room Thermometer and What to Wear Guide is included in all of the following Current Season products: Cocoon Swaddle Bags, Jersey Sleeping bags, Sheeting Sleeping Bags, Sleep Suit Bags, Sleep Onesies and OUTLET Cocoon Swaddle Bags, Jersey Sleeping Bags, Sheeting Sleeping Bags, Sleep Suit Bags and Winter Onesies.
The Free Room Thermometer is not included in any of the following items: Bamboo Stretch Sheets, Arm Warmers, Layers, Pyjamas, Doll Sleeping Bag, Window Blockout, Matchy Matchy Robe, Joey Trackable Comforter, all Bodywear products, Foldable Carry Bed and the Butterfly Cardi.
Specific Promotion Terms & Conditions
% Discounts offered via ergoPouch emails
Any promotion code supplied via an email must be entered at checkout. A % discount will apply to full price products only. Excludes already discounted products. Not valid on Gift Vouchers, Outlet Page products, Sleep Packs or any other products specified in the promotion terms. Not available in addition to any other offers.
Account Activation 10% offer
Activate your new customer account and receive 10% off your next order on ergopouch.com.au. This offer is only available to ergoPouch members who receive an email prompting them to activate their account by updating their password on the new website. The following terms and conditions apply:
- Once the customer activates their new account following the instructions in the email received, a discount code will be provided on the ‘account active confirmation’ page on the website. Note, the code will not be emailed.
- The discount code is only valid for orders made on ergopouch.com.au
- The discount code cannot be used in conjunction with any other code or offer
- The code applies to full-priced items only and excludes Outlet items, discounted sleep packs,
- Gift vouchers or other discounted items.
- The code is a one-time use code
- The code expires at 11.59pm AEDT on the 30.11.20
Mama Disrupt Sleep and Play Offer
15% off full-priced Layers or Pyjama's, and Doll Sleeping Bag when purchased together in one order, using the discount code provided. One time use per customer. Customer must have a Layer OR Pyjama, and Doll Sleeping Bag in their cart to apply the discount. Excludes Outlet products. Not in conjunction with any other code or offer. Valid 12/11/20 - 25/12/20.
ergoPouch x Gro-To Giveaway
Win the chance to take home a gift for you and a gift for a friend. You could win:
- 2 x 0.3 TOG Sleep Suit Bags
- 2 x Doll Sleeping Bags
- 2 x Bodywear Singlets
- 2 x Big Kid Sets
- 2 x Travel Buds Sets
To be in the running simply like the post on the ergoPouch Instagram page (@ergopouch), tag a friend (one tag per line, as many tags as you like for extra entries), and follow @ergopouch and @grotoskincare. For extra entries, share the post to your stories. The competition is only open to Australia residents, and is not sponsored, endorsed, administered by or associated with Instagram. The winners can choose their ergoPouch print and size of their liking, subject to availability. There will be only one winner who can choose to gift a friend of their choice. Giveaway closes at 11.59pm on 19 November 2020, and the winner will be announced across both accounts on Monday 23 November 2020. The winner has 7 business days to reply and accept their prize. If we do not hear back within this time, the prize will be forfeit and another winner drawn. The prize will be dispatched within 10 business days of receiving the address and providing product details (print and size) to ergoPouch. The Gro-To prize will be delivered separately, by Gro-To. Please see Gro-To for their prize dispatch terms and conditions. Exchanges will be offered on the prize if the garments are faulty. Prizes are not transferable and cannot be exchanged, redeemed for cash or sold.
The ergoPouch Christmas Colouring Competition
Download and colour in our exclusive Holiday Illustrations to go into the draw to win 1 of three $50 ergoPouch Gift Vouchers to spend online at ergopouch.com.au. Competition closes 11 January 2021 and winners will be announced on 12 January 2021, via Facebook and Instagram. To enter:
- 1. Simply download & print one of our colouring-in sheets from our sleep blog.
- 2. Once you've created a masterpiece, please take a photo of your coloured sheet and share it to Facebook or Instagram before 11th January 2021.
- 3. Remember to tag us @ergopouch so we can see your work.
- 4. Bonus points if you share it to your stories.
- Only open to Australian residents.
- This promo is not sponsored, endorsed, administered by, or associated with Instagram or Facebook.
- A winner will be drawn at random from all valid entries that meet the entry criteria. This is not a skill based competition.
- There will be only three winners who will receive a $50 Gift voucher to spend online at www.ergopouch.com.au.
- Giveaway closes at 11.59pm on 11 Jan 2021.
- The parents or guardians of the winners will be announced/contacted across both (FB & IG) accounts on the 12th of Jan 2021. The winners have 7 business days to respond and accept the prize. If we do not hear back in this timeframe, the prize will be forfeit and another winner chosen.
- The prize will be provided to the winners via email.
- Prizes are not transferable and cannot be exchanged, redeemed for cash or sold.
Gift of the Week Christmas Promotion
Every week until the 21st December 2020, ergoPouch will be offering a discount or promotion on full-priced products purchased through ergopouch.com.au. These will be advertised through our email database and on our Australian social media channels. The discount or promotion can be redeemed using the code provided. Codes are valid only on the promotion and product advertised, and available for the period of time advertised. The codes cannot be used in conjunction with any other promotions running at the time, on Outlet products, Gift Vouchers, Sleep Packs or any other discounted item available on ergopouch.com.au.
Friends and Family discount code
This code entitles you to a nominated discount off any full priced items on our website www.ergopouch.com.au. Promotion code cannot be used in conjunction with any other promotions running at the time, on Outlet products, Gift Vouchers, Sleep Packs or any other discounted item.
Social Media Promotions – General Terms & Conditions
- "ergoPouch" "we" "us" and "our" refers to the promoter Martellor Pty Ltd T/A ergoPouch Australia (ABN 72 144 794 954)
- ergoPouch Instagram and Facebook competitions are for customers of ergoPouch only. Employees (and their immediate families) and suppliers of the promoter are ineligible to enter.
- By entering the competition, you give ergoPouch permission to re-post your tagged ergoPouch post to their Instagram and Facebook page
- By entering the competition, you have indicated to ergoPouch that you have read and agreed to these terms and conditions.
- ergoPouch reserves the right to amend this notice during any promotional period and your entry into the competition following any amendments will continue to represent your agreement to these terms and conditions. We, therefore, recommend you read the terms and conditions during any promotional period.
From time to time, selected styles and colours listed on ergopouch.com.au/outlet may be marked down by up to 30% discount off the RRP. Prices are as marked. Products listed on ergopouch.com.au/outlet are not eligible for any other promotional offer or discount code.
Sale of products listed on ergopouch.com.au/outlet is considered final and products purchased from the Outlet page are not eligible for refunds or exchanges unless faulty.
ergoPouch reserve the right to change the value of the discount on Outlet products.
Website Terms & Conditions
In these terms and conditions, “we” “us” and “our” refers to Martellor Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our website you read these terms and conditions.
Our Website Services
Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), ergopouch.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
We strive to ensure that our products are described as accurately as possible on our website, however, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We endeavour to ensure that our product list is current, however, we give no undertaking as to the availability of any product advertised on our website.
All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
Packaging and postage is an additional charge, calculated at the time of purchase.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information, you accept that we are not liable for its misuse due to an error in transmission or virus or malware. We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
Delivery of Goods
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of ergopouch.com.au. Digital goods are delivered immediately to the email address provided by you upon order.
Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
Customers outside of Australia with International shipping are restricted to 6 items per order.
Delivery timeframes are subject to change. Please visit the Shipping and Returns page for updated information.
Contact Customer Service* via phone as soon as possible. If you have made a purchase in the last hour, there is a chance we can catch your goodies, however, after this time or if your order has already been released to packing and/or dispatch, we are unable to cancel it.
ergoPouch does not cancel orders for a change of mind or during sales and promotions due to the volume of love we receive during these times. Please triple-check all details are correct before placing the order.
If we can cancel your order, please allow 2-5 business days for the refund to clear back into your account.
*Customer Service operates Monday - Friday 9 am - 5 pm. Cancellation assistance can be provided within these hours. Requests after hours or on weekends are not seen until the next business day.
Free shipping is available within Australia for orders totalling over $100 AUD after any discounts or promotions have been applied, excluding Gift Vouchers. For all other international countries outside of Australia, we offer free shipping for orders totalling over $200 AUD after any discounts or promotions have been applied, excluding Gift Vouchers.
Product Returns and Refunds
ergopouch.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return an order purchased from ergopouch.com.au, please notify us within 30 Days days of receipt with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of ergopouch.com.au.
Items must be returned unused, unwashed, in a sellable condition and the original packaging undamaged. Please refer to our Delivery and Returns page for further information on how to arrange a return and which products are eligible.
We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to the return of such goods.
We also undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within 14 days of purchase, however, we will not provide any refund of such purchase. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
1. When you visit our website, we give you a limited licence to access and use our information for personal use.
2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
3. Except as permitted under the CopyrightAct 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
ergopouch.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between ergopouch.com.au and the owners of those websites. ergopouch.com.au takes no responsibility for any of the content found on the linked websites.
ergopouch.com.au’s website may contain information or advertisements provided by third parties for which ergopouch.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
3. Any review, comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
To the fullest extent permitted by law, ergopouch.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. ergopouch.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses, worms, Trojan horse and/or malware or other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of ergopouch.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
Statutory Guarantees and Warranties to Consumers
1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
a. Schedule 2 of the C&C Act; and
b. those statutory guarantees, all of which are given by us to you if you are a consumer.
2. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective.
3. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
c. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
It is an essential pre-condition to you using our website that you agree and accept that ergopouch.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website.
This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
Disclosure of Information
ergopouch.com.au may be required, in certain circumstances, to disclose information in good faith and where ergopouch.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
Exclusion of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ergopouch.com.au. ergopouch.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then ergopouch.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. ergopouch.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
Copyright, trademark and restrictions of use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
ergopouch.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and ergopouch.com.au concerning your use and access to ergopouch.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
This website and its contents are the copyright of Martellor Pty Ltd – © 2020. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.
You may change your details at any time by advising us in writing via email. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to protect such information by our secure servers. ergopouch.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.