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TERMS AND CONDITIONS 

 

Pea in a Pod strive on providing exceptional customer service and an impressive shopping experience! We are determined to ensure you are more than happy and satisfied with the services we provide. For those of you who yarn though trails of paperwork we apologise! To follow are the T's and C's of shopping online with us!

 
Store Policies
Our store policies are pretty typical actually, but for the sake of being formal here they are in writing-
• If garments are returned to us in an unsatisfactory condition, marked or stained, we reserve the right to charge a $18 dry cleaning fee per item.

• We regret that items that have been worn or damaged or returned to us in an unsaleable condition will be denied a refund. Item will be posted back to you at you at customers expense if requested.
• We are not responsible for any lost return parcels so please send back to us via a traceable method such as Australian registered post.
• Any special requests for refunds or late returns will only be considered under special circumstances and incur a $10 administration fee per item. This amount is automatically deducted from your refund amount.
• There are no refunds accepted for change of mind on discounted/sale items. We will happily exchange the size or issue a gift certificate only.
Due to our fully automated order system, we cannot amend orders or provide refunds for discounts or promotions if you have not correctly entered the promotional code at checkout.
• On the rare occasion there is a lost parcel, we will endeavor to replace or provide a store credit once the parcel is deemed 'lost' by the respective freight company. Please note that investigations can take up to 10 working days to be completed. In these instances we thanks you for your patience.

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General

peainapod.co.au is owned by Jennifer Birkill T/As Pea in a Pod Maternity.
The following rules and regulations apply to all visitors to or users of the Pea in a Pod website. By using this website, you agree to be bound by these rules and regulations, as they may be modified by Pea in a Pod at any time and posted on this website.

Intellectual property rights
Unless otherwise indicated, all materials on this website, and the website itself, are protected by copyrights, trademarks and/or intellectual property rights. These materials are owned by Pea in a Pod Pty. Ltd. The Pea in a Pod website and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio are the intellectual property of Made by a Friend of Mine. All content is provided by Pea in a Pod as a service to its current and prospective customers and may be used for personal information and product ordering purposes and non-commercial use only. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its content without our prior written permission. You may not use this website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these materials is prohibited.

Trademarks
Reproduction or misuse of any trademarks and logos on the Pea in a Pod website is strictly prohibited and remains the intellectual property of Pea in a Pod and its affiliated suppliers. Pea in a Pod and its affiliated suppliers retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks and are protected by local and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Pea in a Pod website. Your misuse of the trademarks displayed on the Pea in a Pod website is strictly prohibited.

Disclaimer

You agree that your access to, and use of, the Pea in a Pod website is subject to these terms and all applicable laws, and is at your own risk. This website and its contents are provided to you on "as is" basis, the website may contain errors, faults and inaccuracies and may not be complete and current.

Pea in a Pod makes no representations or warranties of any kind, express or implied as to the operation of this website or the information, content, materials or products included on this website, except as otherwise provided under applicable laws.

Neither Pea in a Pod, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this website and any other website linked to this website. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

 

Viruses & Links

Pea in a Pod cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this website, and you release Pea in a Pod entirely of all responsibility for any consequences of its use.

This website may also contain links to other websites. Pea in a Pod is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites. Any link to another website, and reference to third-party information, products or services linked to this website, is not, and should not be construed as, an express or implied endorsement by Pea in a Pod. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.

 

GST & Taxes

The Australian GST tax rate applies to all orders delivered within Australia.

Any duties and taxes incurred in the country of destination are the responsibility of the customer. If you require further information about your country's taxes and duties you will need to contact your local customs office directly.

To comply with Australian export regulations, we are required to declare the exact value of all items ordered and to mark them as dutiable 'merchandise'. We are also prohibited by law from marking the order as a 'gift', even if order is placed with the intention of sending to a gift recipient.

 

Your rights
As a customer of Pea in a Pod you have the right to expect that:
1. Any products you order through Pea in a Pod will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this site;

2. Certain remedies will be followed if a product is deemed to be defective/faulty;
3. You have the choice of a full refund or a store credit if a defective/faulty product is unable to be repaired or replaced, (with the exception of Gift Card purchases where only a store credit will be issued).

For more information about your rights contact your local Trading Standards Bureau.

Your activity
As a Pea in a Pod account holder you agree that you will be personally responsible for your use of your account and for all of your communication and activity on and pursuant to this website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated our terms and conditions, we may deny you access to this website on a temporary or permanent basis at our discretion.

Registration
To use some of the services or features made available to you on peainapod.com.au you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address online@peainapod.com.au

Pricing Policy
Prices on peainapod.com.au are displayed in Australian Dollars. Pea in a Pod Pty. Ltd is based in Australia , GST is chargeable on all orders shipped to Australian addresses. Orders shipped internationally do not incur GST and will be reflected in the total amount on the confirm order page where the shipping address is located outside of Australia.

Eligibility to purchase
Peainapod.com.au accepts the following payment methods: Visa, MasterCard American Express & Paypal. With the exception of Paypal and Paypal credit card purchases all other credit card purchases will be processed and authorized by our approved payment gateway.

Purchasing products on peainapod.com.au is only available to individuals who meet our terms of eligibility. All purchasers must be over 18 years of age. All purchasers must have been issued with either a valid credit card by a bank and acceptable to Paypal or a valid Paypal account. The individual’s application to open an account must be acceptable to Pea in a Pod Pty. Ltd. and the individual agrees to authorise Paypal, (on behalf of Pea in a Pod) to process the charge or charges on their credit card or Paypal account in the amount of the total purchase price for the merchandise which they purchase.

Please refer to our Privacy Policy for further information about how we use your data.

Order approval
After you place your order, you will be sent an email confirming that it has been received and your credit card or Paypal account has been charged.
Your card is debited at the time you submitted your order on our website. If your order has not been approved you will be notified immediately via our website or by Paypal.
In the rare instance that your order is approved but any of the items you have ordered are not available, we will contact you immediately by phone or email to arrange for a full refund or product exchange if preferred. Unless you cancel your order, acceptance of your order and completion of the contract between you and Pea in a Pod will be completed when we email you to confirm the goods have been dispatched. Pea in a Pod’s website and communication is always conducted in English and therefore the final sale contract will also be in English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria.

Payment
We accept Paypal, Visa, Mastercard and American Express payments. With the exception of Paypal and Paypal credit card purchases all other credit card purchases will be processed and authorized by our approved payment gateway.

Cancellation by you
Pea in a Pod aims to ship any orders received before 1pm that same day (excluding Fridays and public holidays). If you contact us and the order has already shipped we cannot cancel the order. However if the order has not been shipped Pea in a Pod will happily cancel the order and re-credit your account.

To cancel your order before it is shipped we encourage you to contact us in no less than 2 hours from completing the order via email at online@peainapod.com.au or by phone on +61 3 9415 6800.

Insurance and Delivery
Pea in a Pod insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Pea in a Pod and transfer of responsibility in the same way.

Please note that although we aim to dispatch orders made before 1pm the same day we cannot dispatch all orders immediately. Reasons Pea in a Pod cannot dispatch an order the same day are as follows:

• Order was placed after 1pm (and will be dispatched the next business day)
• Order was placed on a Friday or public holiday (and will be dispatched the next business day)
• Order could not be fulfilled i.e. item is out of stock and we are sourcing options
• Courier delays or unavailability

In the event an order cannot be fulfilled Pea in a Pod will contact you immediately to arrange an alternative product or refund.

Pea in a Pod cannot be held responsible for courier delays and circumstances out of our control. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Pea in a Pod are not responsible for any delays caused by destination customs clearance processes. See our Delivery Information section for more information of delivery time frames.

Gift Cards
Pea in a Pod’s Printed and e-Gift Cards are sold subject to the following terms and conditions:

1.     Gift Card amounts can only be redeemed in the Australian dollars only.

2.     All Gift Cards are valid for 12 months from the date of purchase and must be redeemed through the www.peainapod.au website only.

3.     All Gift Cards are not redeemable for cash and cannot be exchanged or returned.

4.     Gift Cards cannot be used to purchase other Gift Cards.

5.     Items purchased using a Gift Card may be exchanged according to our standard store policies just like any other Pea in a Pod online purchase.

6.     If your order exceeds the amount of your Gift Card, you must pay for the balance with your credit card or Paypal account

7.     If your order total is less than the value of the Gift Card, the remaining balance will remain on your Gift Card and will be redeemed against subsequent orders. You may check your Gift Card balance online via the Gift Card page within the My Account section.

8.      If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders.

9.     E-Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken.

10.   Pea in a Pod is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.

11.   Please verify the recipient's email address before purchasing an e-Gift Card Pea in a Pod is not responsible for misspellings in this address that may result in it being sent and used by an unintended recipient. Pea in a Pod is not liable for delivery of a e-Gift Card to an incorrect or non-existent email address, this is the sole responsibility of the purchaser.

12.   Pea in a Pod reserves the right to cancel a Gift Card if we deem such action necessary.

13.   Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.

14.   Sales tax and shipping is applicable on any products purchased with a Pea in a Pod Gift Card.

15.   Shipping is applicable on Printed Gift Cards.

In the event a Gift Card code is non-functional please email us we will supply you with a new code.