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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.
Sale Page - Up to 40% off - this discount only applied to the sale page at ergopouch.com.au and excludes any other offer.
Free Room Thermometer
The Free Room Thermometer is included in all of the following:
New Season Cocoons, Sleeping Bags, Sleep Suits Bags, Layers, Winter Sleep Suit. 2.5 and 3.5 TOG SALE Cocoons, Jersey Bags, Sheeting Bags and Sleep Suit Bags
The Free Room Thermometer is not included in any of the following items: Bamboo Stretch Sheets, Arm Warmers, 0.2, 0.3 and 1.0 TOG SALE Cocoons, Jersey Bags, Sheeting Bags and Layers.
Instagram Competition - Win a $200 ergoPouch Voucher
To enter this competition, entrants must:
1. Post a photo of your own child in any ergoPouch product on your Instagram account (your account must be set to public)
2. Tag us @ergopouch in the caption of your photo and use the hashtag #pouchlife
3. Competition entrants must follow @ergoPouch / Instagram at the time of the competition selection
Terms and Conditions of Competition:
"ergoPouch" "we" "us" and "our" refers to the promoter Martellor Pty Ltd T/A ergoPouch Australia (ABN 72 144 794 954)
ergoPouch $200 Instagram competition is for customers who have purchased any ergoPouch product. Employees (and their immediate families) and suppliers of the promoter are ineligible to enter.
Your Instagram account must be set to public for a valid entry.
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.
Winners will be selected every 3 months, the next winner will be announced in October 2019.
There is one (1) prize per promotional period consisting of a $200 AUD ergoPouch voucher which will be valid for 12 months from the date of issue and is redeemable online only at www.ergopouch.com.au
Each valid entry will be judged (by a representative/s of the promoter) and one (1) winner will be selected by the ergoPouch Instagram account fan base by way of the highest number of votes. The winner will be contacted on Instagram via direct message and notified on our ergoPouch Instagram account. If the winner does not accept the prize within 14 calendar days of being contacted, ergoPouch reserves the right to select the entry with the next highest amount of votes. The winner will receive the prize via their nominated email address.
Voucher can only be used once in full, is non-refundable for cash, cannot be partly used in a rolling credit and cannot be used to purchase a gift card. Any ergoPouch items purchased online with the winning voucher cannot be returned for cash.
For any enquiries please contact firstname.lastname@example.org
This promotion is in no way sponsored, endorsed, administered by or associated with Instagram.
Our Website Services
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 your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
All risk of loss or damage to the goods passes to you when we despatch the goods.
Customers outside of Australia with International shipping are restricted to 6 items per order.
Free shipping is available to AU and NZ orders on orders $100+, for all other international countries outside of Australia, we offer free shipping for orders $200+.
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.
When you visit our website, we give you a limited licence to access and use our information for personal use.
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.
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.
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.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
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
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.
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.
Any 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.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
Limitation of Liability
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, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
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.
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 preserve such information in a secure manner.
Information we collect and what we use it for;
We process the following categories of your personal data when it is necessary for the performance of a contract between you and us: your salutation, first and last name, email address, delivery and billing address, telephone number and payment card details, web site’s login details.
We will process the above categories of data for the purposes of our legitimate interests:
We process data for marketing purposes if we have legitimate interests or when you give us your consent: email address, name, gender, how you have reached our digital platform and the internet protocol (IP) address you have used, your login information, browser type and version, plug-in, operating system and platform, the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our Customer Experience Team.
We use your data for the following marketing purposes:
Social media targeting;
We may also participate in Facebook's ‘Custom Audience’ service from time to time. This service enables us to display to you personalised advertisements when you visit Facebook’s social media platforms. It works by converting your email address to a unique number that Facebook uses to match to unique numbers that Facebook generates from email addresses of its users. Where we use Facebook Custom Audiences, we will only include you if you have consented to receive marketing from us.
If you have given us your consent, you can change your mind at any time by unsubscribing to our mailing list.
Terms & Conditions for sale items
No refunds or exchanges can be offered on sale items for a change of mind.
Terms & Conditions for 10% discount code and 15% discount code
This code entitles you to 10% 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.