Terms & Conditions
Welcome to Ocean Child. Ocean Child provides access to the Ocean Child website (the "website") and sell our products to you subject to the conditions set out on this page. Please read these conditions carefully before using the website. By using the website, you signify your agreement to be bound by these Terms and Conditions.
1. Definitions and Interpretation
In these Terms, unless context otherwise requires:
“Agreement” – means this agreement between You and Ocean Child.
“As Soon as Practicable” – means that Ocean Child will make reasonable attempts to act promptly, however there may be factors beyond and outside Ocean Child’s control that may affect the speed of Ocean Child's performance, including but not limited to: shipping timetables, delivery periods, location of delivery, labour strikes, public holidays, the reliance upon Third Parties, electronic failures, internet interruptions, telecommunication service providers.
“Australian Law” – refers to any current binding legislation at the time of the Agreement between You and Ocean Child.
“Available Funds” – means cleared funds, including funds which have been made available by means of direct debit.
“Business Day” – means a day in which banks and foreign exchange markets are open for business in Sydney, Australia.
“Business Hours” – means Monday – Friday (excluding New South Wales public holidays), between the hours of 9:00 am and 5:00 pm.
“Costs and Disbursements” – includes but are not limited to insurance costs, freight costs, delivery costs, storage costs, postage costs, courier costs, international fees, and insurance costs.
“Customer” – includes an individual, trustee, company, superannuation fund and/or any other legally recognised entity. If more than one (1) person constitutes the Customer, then they are jointly and severally bound by these Terms and Ocean Child is entitled to act upon the instructions of any one of those persons unless specified otherwise in writing.
“Ocean Child’s Website” – means www.oceanchildhome.com.au.
“Incorrect Product” – means a Product that is different to the Product specified in the Tax Invoice supplied to You.
“Loss or Damage” – includes but are not limited to: financial loss, psychological loss, physical loss, debts to Third Parties, legal disadvantage, other disadvantage, breaking down in personal and/or business relationships.
“Online” – means the purchase of Product(s) from Ocean Child's website.
“Online Store” – means Ocean Child’s e-commerce store located on Ocean Child’s Website.
“Product(s)” – means any and all items sold or purchased by Ocean Child from time to time.
“Shipping Costs” – includes but are not limited to: postage, courier fees, personal delivery and collection fees, and packaging and wrapping fees.
“Tampered” – includes but are not limited to: scratches to the Product(s), discolouration, adjustment to the shape, size, weight of the Product(s), the appearance of inconsistent marks on the surface of the Product(s), fading, corrosive marks, heat marks, and inconsistent surfaces on the Product(s).
“Taxable Supply” – has the same meaning as in the GST Act.
“Invoice/Tax Invoice” – means a document or notice provided to the Customer with the Exact Costs and Disbursements, and any GST that is outstanding to complete the sale. Tax invoice has the same meaning as in the GST Act.
“Terms” – means these Terms and Conditions.
“Third Party/Parties” – includes but are not limited to: other websites, financial institutions, corporations, and social networking organisations (e.g. Facebook, Twitter, Instagram, etc.), international and national web pages.
“Third Party Provider” – means companies and/or contractors that Ocean Child enters into agreement with to complete Identification checks.
“Time Delay” – means a delay of a non-specific time period.
“Transaction” – means the entire process involved in the Customer purchasing the Product(s), including but not limited to: committing to the purchase of the Product(s), payment of the total amount payable, and the shipping of the Product(s).
“You/Your/Yourself” – means a Customer who has the capacity to make purchases from Ocean Child and enter into this Agreement with Ocean Child.
- a reference to this Agreement or another document means this Agreement or that other document and any document which varies, supplements, replaces, assigns or novates this Agreement or that other document;
- a reference to a statute or other law includes regulations and other instruments under it and any consolidations, amendments, re-enactments or replacements of it;
- a reference to the parties is a reference to the parties to and of this Agreement;
- a reference to a gender includes a reference to each gender;
- the word person includes a firm, corporation, body corporate, unincorporated association or a governmental authority;
- a reference to a natural person includes a reference to successors, liquidators, trustees in bankruptcy and the like, and permitted assigns;
- a requirement to do anything includes a requirement to cause that thing to be done and a requirement not to do anything includes a requirement to prevent that thing being done;
- including and includes are not words of limitation;
- a word that is derived from a defined word has a corresponding meaning;
- the singular includes the plural and vice-versa;
- an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually;
- an agreement, representation or warranty by two or more persons binds them jointly and each of them individually;
- an obligation includes a warranty or representation and a reference to a failure to observe or perform an obligation includes a breach of warranty or representation;
- provisions or terms of this Agreement or another deed, agreement, understanding or arrangement include a reference to both express and implied provisions and terms;
- neither this Agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting; and
- monetary amounts are expressed in Australian dollars.
- These Terms apply to purchases made by You and become the terms of the Agreement between You and Ocean Child.
- You acknowledge and accept these Terms by purchasing a Product(s) and/or placing an order Online and/or by way of telephone.
- All information provided by Ocean Child including information published on Ocean Child's website is indicative and for information only. Ocean Child does not warrant the accuracy of that information and You should not rely on such information.
- These Terms replace any agreement that currently exists between You and Ocean Child and the obligations entered into under the prior agreement will be treated as if they were entered into pursuant to these Terms.
- You represent and warrant that You are at least the age of majority in your state or provide or residence, are of sound mind, and have the legal right at the time of purchase, to make a decision to purchase a Product(s) and to enter into this Agreement with Ocean Child to purchase a Product(s).
- In the event that You are proven not to hold the legal capacity to enter into this Agreement, Ocean Child will not be liable for any Loss or Damage suffered by You, Your estate and/or Third Parties.
4. Purchasing Product(s) from Ocean Child
- You can purchase Product(s) from Ocean Child by telephone and/or Online.
- All Transactions must be paid in Australian dollars (AUD).
5. Your purchase order
- You agree that You are responsible for reviewing Your purchase order and the suitability of the Product(s) for Your circumstances.
- Your purchase order will include the specified charge for delivery.
- You will be responsible for the payment of the exact price, and Costs and Disbursements outlined in the purchase order.
- You are bound by these Terms once You confirm Your purchase order.
6. Payment of Your purchase order
- In order to complete Your purchase order, You must pay the total amount payable, which is based on the information provided by You in Your purchase order.
- On receipt of the whole of the monies specified in the purchase order, an Invoice for the Product(s) ordered will be issued to You by Ocean Child As Soon as Practicable.
- Ocean Child may, at any time prior to issuing to You the Invoice, refuse Your order for any reason.
- In the event that a clerical error occurs on Your Invoice, Ocean Child may, without attracting any type of detriment or liability, adjust the Invoice to ensure that the error is rectified.
- Regardless of circumstances, foreseen and unforeseen, You are required to pay the total amount payable, together with any additional Costs and Disbursements that may arise as a result of Your Agreement to purchase Product(s) from Ocean Child.
- Online purchasing does not diminish Your obligations as a Customer in this Agreement.
- An Agreement is established between You and Ocean Child as soon as You place a purchase order and it is an express condition of this Agreement that You cannot alter, rescind, cancel or withdraw Your order.
7. Delivery and shipping
- Ocean Child will not release or dispatch any Product(s) until Ocean Child is notified by its bank that the purchase monies paid by You have become Available Funds.
- Orders containing more than one item may receive more than one tracking number and may be delivered at different times.
- Ocean Child do not deliver any Product(s) during weekends and public holidays. You must allow an extra 2 – 3 business days for dispatch for orders made on weekends and public holidays.
- You are not entitled to terminate this Agreement on the basis of Your belief that the Shipping Costs for the Product(s) is too expensive.
8. Delay in delivery
- Once Ocean Child is notified by its bank that the total amount payable by You have become Available Funds, Ocean Child will dispatch the Product(s) As Soon as Practicable.
- Ocean Child will deal with all orders in the sequence in which they are received and otherwise As Soon as Practicable.
- Any period or date for delivery of Product(s) stated by Ocean Child is an estimate only and not a contractual commitment.
- Ocean Child will use reasonable endeavours to meet any estimated dates for delivery of the Product(s) but will not be liable for any Loss or Damage suffered by You or any third party for failure to meet any estimated dates.
- If Your Product(s) is on back order, You will either be directly advised by Ocean Child or notified by Ocean Child’s Website.
- Delivery of Product(s) on back order may be further delayed by reasons beyond the control of Ocean Child.
- Ocean Child will not be liable for any Loss or Damage suffered by You or any third party, arising directly or indirectly from:
- Any delay in delivery of the Product(s) on back order; and
- Any other reason(s) that may arise in supplying the Product(s) to You.
- You are not entitled to terminate this Agreement as a result of any back order or shipping delay that has not been directly and solely caused by Ocean Child.
9. Wrong delivery
- Ocean Child will not be liable for wrongful delivery of Product(s) to You if You have provided incorrect delivery details.
10. Non-delivery or part delivery
- In the unlikely event that You do not receive Your Product(s) within ten (10) Business Days from the date of delivery, You must send an email to email@example.com and notify Ocean Child immediately. Please provide us with your order number, as well as detailed information setting out the issue. Ocean Child will investigate the alleged omission and seek to rectify the situation As Soon as Practicable.
- In the unlikely event that You only receive part of Your Product(s), You must send an email to firstname.lastname@example.org and notify Ocean Child within twenty-four (24) hours of receiving your order. Please provide us with your order number, as well as detailed information and images setting out the issue. Ocean Child will investigate the alleged omission and seek to rectify the situation As Soon as Practicable.
- In the unlikely event that Your Product(s) is damaged or is not the Product(s) you ordered, you must send an email to email@example.com within twenty-four (24) hours of receiving your order. Please provide us with your order number, as well as detailed information and images setting out the issue, and someone from our customer service team will be in touch.
- In the event that shipping is required, there may be a delay in Ocean Child forwarding the remaining Product(s) to You.
- Ocean Child is not liable for any Loss or Damage that You may suffer as a result of Your delay or failure to contact Ocean Child.
- Ocean Child is not liable for any Loss or Damage that You may suffer as a result of the time period that it takes the relevant shipping company or courier to deliver the Product(s) to You.
- You are responsible for making necessary arrangements in respect of insuring the Product(s) You purchase from Ocean Child.
- You acknowledge and agree to insure all Products You purchase from Ocean Child at Your own cost.
- You agree to protect and indemnify Yourself for any loss, liability and/or detriment that You may suffer in relation to the shipping and delivery of Your Product(s).
- You may request Ocean Child to make arrangements in respect of insuring the Product(s) You purchase. This must be paid in full prior to the shipping of Your Product(s). Insurance costs may change and vary according to the shipping destination and the size and weight of Your purchase. An accurate insurance quote can either be provided at the time of, or after placing Your order.
- You are not entitled to terminate this Agreement on the basis of Your belief that the cost of insuring the Product(s) is too expensive.
12. Breach and consequences of Your breach
- In the event that You breach this Agreement by:
- Cancelling or purporting to cancel Your order;
- Failing to pay the total amount payable by not providing
Available Funds within twenty-four (24) hours because:
- Of Your death or insolvency;
- You travel overseas or interstate;
- Any malfunction of banking systems;
- Any malfunction of payment systems;
- Any Third Party interference and/or delay;
- You terminate or suspend Your order; or
- Any other reason, without the prior written consent of Ocean Child,
- In the event that You breach this Agreement by:
then such action will constitute a breach of this Agreement by You, and Ocean Child will have the sole discretion to decide whether or not to allow this Agreement to continue.
Consequences of Your breach
- In the event that Ocean Child allows this Agreement to continue, You will be required to pay for Ocean Child’s administration charges, fees, Costs and Disbursements that Ocean Child incurs as a result of Your breach, together with interest on any unpaid amounts at the Reserve Bank of Australia Cash Rate plus ten per cent (10%) per annum from the day the amount falls due until the date the amount is actually paid. Such expenses and interest must be paid by You prior to the supply of the Product(s) to You.
- In the event that Ocean Child decides to terminate this Agreement as a result of Your breach:
- You will immediately forfeit any monies paid by You towards Your order;
- Ocean Child reserves the right to resell the Product(s) immediately or at a time of its choice. If the re-sale price of the Product(s) results in Ocean Child making a significant market loss that exceeds the amount that You have forfeited (“Significant Market Loss”), then You are required to indemnify Ocean Child for any Significant Market Loss that Ocean Child may incur as a consequence of Your breach.
- You authorise Ocean Child to debit Your Account (including Your credit card account) in respect of the Significant Market Loss.
- You will compensate and indemnify Ocean Child (including its subsidiaries, and their respective directors, employees, contractors and agents) in respect of any and all losses, claims and expenses incurred by Ocean Child as a result of Your default.
- Ocean Child reserves the right to legally pursue You for the full outstanding amount, together with any Loss or Damage, and expense that Ocean Child may incur as a result of Your breach of the Agreement. Ocean Child reserves the right to terminate, suspend, and/or refuse to sell its Product(s) to You in the future.
13. Title and risk
- Title and risk in the Product(s) pass to You when:
- An Invoice for the Product(s) has been issued to You by Ocean Child; and
- You have paid the whole of the balance of the purchase price specified in the Invoice and Ocean Child receives Available Funds.
- You assume all risks and liabilities for Loss or Damage, injury to person(s) or Your property, or property belonging to a third person, arising out of the use, possession of or dealings with any of the Product(s) sold by Ocean Child, including changes in Your financial situation.
14. Refund and exchange policy
- Ocean Child will not provide a refund under any circumstances.
- Any Product(s) returned to Ocean Child as a result of Your refusal or unavailability to accept delivery will remain Your responsibility and at Your cost, and will not be accepted as a reason for return of Product(s) under any circumstances.
- In the event that You receive an Incorrect Product:
- You must notify Ocean Child in writing within twenty-four (24) hours of having received the Incorrect Product. Ocean Child will contact You As Soon as Practicable and notify You of how to return the Incorrect Product together with the Invoice to Ocean Child.
- Upon receipt of the Incorrect Product, Ocean Child will supply to You the Product(s) in accordance with Your Invoice and refund any return delivery cost incurred by You As Soon as Practicable and upon receipt of a copy of an invoice confirming the delivery cost paid by You.
- Until the return of the Incorrect Product to Ocean Child:
- You continue to bear the risk and title in the Incorrect Product;
- Ocean Child is not responsible for the Incorrect Product in the event that it is lost in the return shipment to Ocean Child; and
- It is Your responsibility to ensure that the Incorrect Product is
adequately packaged so that it is not damaged during return
- In the event that the Incorrect Product has been Tampered and/or is
damaged, Ocean Child will not accept its delivery and will not provide any further Product(s) to You. You will be responsible for the return Shipping Costs of the Incorrect Product to You and the Incorrect Product will not be returned until the Shipping Costs are first received by Ocean Child.
- In the event that You receive an Incorrect Product:
15. Mutual Agreement to terminate the Agreement
- This Agreement may be terminated in writing by consent of both parties. Any termination by Ocean Child must be signed by a legally authorised officer of Ocean Child.
- In the event that termination by consent occurs, Ocean Child may still require You to bear liability for any Loss or Damage suffered by Ocean Child.
16. Change of details
- You are required to notify Ocean Child in writing of any change(s) to Your delivery address and/or any other personal details that have been used when making Your order, within two (2) days of changing Your address and/or any other personal details.
- Ocean Child will not be liable for any Loss or Damage that You may suffer as a result of Your failure to provide Your correct details for delivery; and/or comply with all necessary requirements that the shipping, courier or delivery firm may have in order to ensure that Your order reaches You safely.
17. Suspension of Online purchases
- Ocean Child reserves the right to suspend the fulfilment of orders in times of high market volatility or fast-moving market conditions.
- In the event that Ocean Child decides to pause Online selling and Your payment is processed by a Third Party and/or there is a Time Delay in communicating the pausing of sales to You, Ocean Child has the absolute discretion not to issue an Invoice to You and to provide a full refund of any monies paid by You.
- Ocean Child is not liable for any Loss or Damage (including any consequential Loss or Damage), whether direct or indirect, that You may incur as a result of the actions, omissions and/or delay of Third Party banking and financial providers.
- You must not commence or maintain any proceedings against Ocean Child in respect of any such Loss or Damage.
18. Computer, internet, website interruptions
- Ocean Child will not be liable for any Loss or Damage suffered by You (including delays and errors) as a result of any breakdowns, interruptions to or malfunctions of Ocean Child’s servers, Website, and any of Ocean Child’s operating systems including telephone, computers, and other electronic or technological device including the provision of Third Party services to Ocean Child’s Website.
- You bear the liability for any Loss or Damage that You may suffer as a result of any interruption of Your own computer, electronic operating equipment, telephone provider, internet provider and/or any other Third Party, service, system or device involved in the Transaction process required to initiate and complete the Agreement between You and Ocean Child.
19. Secure payment facility
- Ocean Child will treat payments strictly confidential. Ocean Child’s Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. You acknowledge and agree to use Shopify Inc.'s payment system at Your own risk.
- The security, functionality and content of Shopify Inc.'s payment system are not under Ocean Child’s control and Ocean Child is not responsible for any lapse in security through the use of Shopify Inc.'s payment system.
20. Website links
- Ocean Child’s Website may contain information, articles or links to Third Party websites. The information contained on Ocean Child’s Website is provided in good faith but no representation or warranty of any nature is made as to the completeness or accuracy of such information.
- Ocean Child is not responsible for the security, correctness, suitability, reliability, completeness or accuracy of any Third Party information Ocean Child provides or makes available to You, including websites that may be linked to Ocean Child's website.
- In the event that You review Ocean Child’s website and see links, articles, audio visual links, recorded film clips and/or any other information from Third Parties that express ideas and opinions, You understand and acknowledge that these are not the ideas, warranties, guarantees, undertakings and/or recommendations of Ocean Child.
- These Third Party websites are not under the control of Ocean Child and You acknowledge and agree to access these Third Party websites at Your own risk.
- Ocean Child is not responsible for any Loss or Damage suffered by You (including computer viruses) as a result of Your use of a link provided on Ocean Child's website to a Third Party website.
21. Changes to Website and Terms, and administrative errors
- Ocean Child reserves the right to change, alter, delete and/or add new terms to this Agreement and Ocean Child's website from time to time, without prior notice.
- Any such changes will be published in the terms and conditions on Ocean Child’s Website As Soon as Practicable and shall apply to all dealings between You and Ocean Child from the day on which the change takes effect.
- Ocean Child reserves the right to correct any errors without Your consent and without liability or recourse against Ocean Child.
- Any notice, request, demand or other communication may be sent to Your postal or electronic address last notified to Ocean Child and such notice, request, demand or other communication shall be taken to have been received by You if sent by prepaid letter on the Business Day following posting, and if sent by email on the day it is sent.
- You must not assign any Agreement without Ocean Child's prior written consent.
- Ocean Child reserves the right to assign any Agreement without notice to You.
24. Appropriate laws
- This Agreement will be construed in accordance with the laws in force in New South Wales and the parties submit to the jurisdiction of New South Wales.
- You agree to submit to the non-exclusive jurisdiction of the New South Wales courts to resolve any dispute that may arise under the Terms of this Agreement.
- Nothing in these Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation to the sale of goods or supply of services which cannot be excluded, restricted or modified.
25. Disclaimer and advice
- All information provided by Ocean Child including information published on Ocean Child’s Website is intended solely for Customers purchasing Product(s) for personal purpose(s).
- It is an express term of this Agreement that Ocean Child does not make any warranties, guarantees, financial and/or other claims or assertions in regard to the impact of the purchase of Product(s) on You and Your individual situation.
- Unless otherwise expressly stated, this Agreement does not include, by implication, any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Product(s) or any contractual remedy for their failure.
26. No relationship other than as retail merchant and Customer
- Ocean Child, as a retail merchant, does not have any relationship with You other than that as between a retail merchant and You as the Customer. Without limiting the former the relationships excluded are: between employee and employer; between agent and principal; between franchisee and franchisor; or as joint venturers.
27. Force majeure
- Ocean Child shall not be liable to You for any failure or delay to perform its contractual obligations if such delay or failure to comply with the Agreement arises from any unforeseeable circumstances beyond Ocean Child’s reasonable control, including but not limited to: restricted availability of Product(s) of required quality, act of God, fire, lightning, floods, earthquakes, natural disasters, mechanical or electrical failure, labour disputes, lockout, epidemic, rationing, shortages, rebellion, revolution, malicious damage, sabotage, civil unrest, utility failures, war or act of war (whether declared or not), acts of terrorism, riot, embargoes and any actions or inactions of any government or Third Party in Australia and/or outside of Australia.
- If GST is or becomes payable on a Taxable Supply (as defined in the GST Act) made under or in connection with this Agreement, the Customer providing consideration for that Taxable Supply must pay an additional amount equal to the GST payable on the Taxable Supply.
- You must pay an additional amount equal to the GST payable for the shipping, packaging and/or postage and delivery costs that are incurred in Your purchase.
- Copyright law protects all images, web pages, web designs, interactive tools that have been designed by Ocean Child, colour combinations used to promote Ocean Child, written material, interactive forms, social media sites designed for Ocean Child, audio visual videos, film clips and/or any other intellectual property that has been designed by Ocean Child.
- Written permission must be sought to reproduce any of these materials.
30. Indemnity and Release
- You agree to indemnify Ocean Child and any subsidiaries owned by them including but not limited to their employees, directors, third party agents, lawyers, specialist advisers and contractors against all costs including but not limited to: any type of Loss or Damage, actions, proceedings, claims, costs (including legal costs), expenses, demands, and/or liabilities which may be brought against, suffered or incurred by Ocean Child by reason of a breach of this Agreement.
- You agree that Ocean Child and any subsidiaries owned by them including but not limited to their employees, directors, third party agents, lawyers, specialist advisers and contractors are released from any liability and/or obligation that may arise in regard to any type of Loss or Damage, whether direct or indirect or consequential, or that arises as a consequence of Your dealings with Ocean Child, except to the extent of liability imposed by the ACL.
- In the event that Ocean Child is found to be at fault, the maximum liability of Ocean Child to You is limited to the price that You paid for the Product(s). Ocean Child will not, under any circumstances, be liable to You for any Loss or Damage including but not limited to: direct, indirect, consequential, incidental, special, punitive, or exemplary arising from any provision of the Terms.
- Ocean Child reserves the right to vary this Agreement and any variation shall apply to all dealings between You and Ocean Child from the day on which the variation takes effect.
- You agree that if a term and/or provision of this Agreement is, or becomes void, illegal, unenforceable or invalid, then the remainder of this Agreement will still be legally binding and have full effect and full force under the relevant State and Federal laws.
- You agree that a void, illegal, unenforceable or invalid provision may be replaced by an alternate provision that is legally binding and reflects the commercial intentions of the provision that was void, illegal, unenforceable or invalid.