Terms & Conditions

These terms and conditions apply to all orders placed by the customer with Oovy, at oovy.com.au. Please read our Terms and Conditions carefully before placing any orders on www.oovy.com.au
By placing an order, you enter into an agreement with us and accept these Terms and Conditions. We may modify the Terms and Conditions from time to time. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

We recommend that you download our Terms and Conditions to keep a copy for your reference.

Right of return

Our policy
You have the right to return your purchases to be refunded / exchanged for a credit note only within a period of 14 calendar days after the day of delivery of the goods. The goods have to be undamaged and unused, with OOVY labels, tags and bag intact.
Returns that are damaged or soiled, washed, altered or worn (other than to try the item on) may not be accepted and may be sent back to the customer and/or a refund refused.
All items returned should include the completed returns note with an order reference number and your contact details. Unidentified returns may not be eligible for a refund.
We do not offer refunds for change of mind. Sale items are final sale only, we do not offer refunds / exchanges for credit notes.

a. Faulty goods
Goods are faulty if they are received damaged due to a manufacturing fault that is not picked up by our QA (Quality Assurance Team). If purchased from our website with order number these can be returned and a refund or replacement can be given within 14 days (AU/NZ) & 30 days (international) date of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. For faulty items OOVY will make a full refund to you or replacement item will be sent if available, including return shipping of the item at no charge, as soon as possible. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund including for shipping and return. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability.

b. Coupon codes
You can enter a ‘Coupon Code’ on the ‘Cart’ page (bottom of page) and also on the Checkout page (Top of page). If you don’t include the coupon code required to discount the items, your order cannot be changed once you have checked out and paid. Once orders are placed we’re not able to cancel or modify them at all. This is because they are immediately transferred to our warehouse and their system for processing and dispatch. Once a purchase is made it is final. We do not do refunds. For more information on where to place a coupon code go to https://www.oovy.com.au/coupon-codes/

c. Gift Vouchers
Gift Vouchers will be automatically posted to the delivery address specified on the Purchase Order. If you require a downloadable version, please ensure you mention this in the notes of your order or email info@oovy.com.au asap so we can email you a gift voucher. Gift vouchers cannot be used to purchase sale items and cannot be used in conjunction with any other offer. Gift vouchers are cash and cannot be purchased during a sale, nor can they be redeemed for cash or refunded. Gift voucher are valid for up to 3 years.

d. Direct deposit payments
If a direct deposit payment has not been received within 3 working days we have the right to cancel the order, as we do not hold stock for longer than 3 days. If you have an issue with payment you can email us info@oovy.com.au

e. Refunds
As of the 6th May 2019 Paypal have made changes to refunds. If a refund (partially or fully) transaction required, the paypal fees originally paid will be deducted from the refund. Refunds are no longer free. OOVY will charge this service fee when a refund is required through paypal.

Child Safety

Baby and kids clothing products may have buttons, snaps, zips, ties and drawstring tips. These items can be pulled off by babies and young children representing a choking hazard. 
If you choose to purchase any of our products that carrying choking hazards please ensure your child is watched at all times when wearing our products or permanently remove the hazard from the item if you are concerned. 
 
Choosing our products is your choice and we can not and do not take responsibility for safety of your child.
We use inspection companies to ensure quality control and the safety of our items however it is important any clothing is checked and subsequently cleared as safe before giving to your child. Specifically children under three years old and any children who for one reason or another represent a choking risk regardless of age. 
 
We ensure all buttons have been stitched a minimum of 8 times. If a button is loose, please ensure you either secure it yourself so it is safe or contact us. 
 
Ties/drawstrings carry a risk of getting caught around a baby’s neck. If your child is under three years old it is recommended you remove the tie and tips from our hooded tops, pants, jumpsuits and boardies for their safety and wear without.
 
Any small items like snaps, zip pullers, buttons and drawstring tips constitute a choking hazard for children 3 years old and under. If you are concerned, please don’t purchase the item. Otherwise immediately remove the accessory that you consider poses as a potential choking threat for a young child.

Applicable law

These Terms and Conditions and all disputes arising in connection with these Terms and Conditions or with the use of the website or with any purchase on the website shall be governed by Australian law. OOVY may modify or amend these Terms and Conditions at any moment. You are therefore asked to accept only the Terms and Conditions applicable at the time of purchase with each of your orders.

Ownership of rights

All rights, including copyrights at oovy.com.au remain with OOVY and its subsidiaries. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission.

Pricing policy and charges

All prices displayed in the OOVY online store include Goods and Services Tax (G.S.T) and exclude shipping fees. The shipping fees will be added to the order in the checkout step and is based on a flat rate is Australia and internationally. Please find more information about our delivery charges on our Shipping & Returns page.

How to shop online

a. Submitting your order
Before proceeding to payment, you can review your order (including your total price inclusive of GST and shipping charges) and make changes if needed. You are bound by your order from the moment you accept the online offer of OOVY and the conditions thereby stipulated have been fulfilled (once the order has been submitted and payment confirmed on the website). Please note that the order will not be valid if OOVY cannot confirm the billing and shipping addresses that you provide. We also reserve the right to only accept orders from those aged over 18 years old.
We only sell items that we have in stock. Garments may sell out during the shopping session, and stock availability will be updated once you reach the checkout. Please note that all prices and product information on www.oovy.com.au are subject to change. We cannot provide information about, or guarantee item availability in our stores via the website; some garments that can be seen online are only available, or may be sold out, in selected stockists.

b. Payment
The online store is available to customers with or without a Paypal account. Customers can pay via credit card through Paypal and also via Square processing. The total order sum will be checked and reserved against the your credit card or Paypal account until the time of delivering the order from our warehouse. OOVY reserves the right to restrict multiple quantities of an item, or of orders, being shipped to any one customer or postal address.

c. Order confirmation
You will receive an immediate online confirmation on your screen at the end of the checkout, as well as an email confirmation of your order from OOVY.

d. Changes to your placed order
Once your order has been placed and you have received an order confirmation email, you may not make any changes to your order. If you wish to make changes to your placed order, or if there is any mistake made in registering customer contact or address details when placing the order, it is your responsibility to contact OOVY Customer Service immediately.

e. Payment
We accept payment by PayPal, Credit Card, Bank Transfer, ZipPay and AfterPay. All transactions are encrypted and 100% secure.

f. Currencies
OOVY cannot be held responsible for any currency changes or currency exchange rates any bank may have when exchanging the currencies we offer. Your payment must match the amount on the invoice or additional charges will apply.

Delivery and Shipping

The shipping country is chosen at checkout. All prices, currencies, GST, delivery times and delivery charges will be adjusted depending on the country you would like your items shipped to. OOVY will dispatch the approved orders as quickly as possible and in the order that they have been received.

We dispatch all orders within 1-4 days (Monday – Friday) with the exception of sale and peak periods where this may take longer. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. OOVY is not responsible for any delays caused by destination customs clearance processes. If a delivery suffers a delay or if the delivery cannot be dispatched or only partially due to the goods not being in stock or other reasons, the consumer will be informed about this as quickly as possible. The consumer will be given the option and has a right to terminate the agreement, free of charge. OOVY will refund the consumer with the sum paid as quickly as possible, though at the latest within 10 days after termination.

Gift Vouchers

Promotional Gift vouchers is for individual use only, these coupons cannot be used in conjunction with other coupons. These promotional gift vouchers exclude sales items. They should not apply to items on sale. Per-item coupons will only work if the item is not on sale. Per-cart coupons will only work if there are no sale items in the cart.

Competitions

OOVY offers from time to time promotional competitions on our website and social media. For full terms and conditions for all promotions go to https://www.oovy.com.au/competition-terms-and-conditions/

Privacy policy

The personal information you forward to OOVY will only be used in order to fulfill the undertakings OOVY have and to assure you the best service. OOVY will not let a third party see or use your personal details without your prior consent. You have the right to see your personal details upon request. OOVY assumes responsibility for all personal information that you make available to us and does not pass on any information to a third party under any circumstances. If the information is incomplete or incorrect, you have the right to have the information corrected or deleted. If you wish to end your subscription of information from oovy.com.au, please send an email to info@oovy.com.au
We use Sitelock to protect this website from Malware and use SSL certificate to protect all personal data.

By checking the box and entering your phone number for SMS updates and email news, you consent to receive marketing text messages (such as promotion codes and cart reminders) from OOVY Pty Ltd at the number provided, including messages sent by autodialer. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies & only during major sale events. You can unsubscribe at any time by replying STOP or clicking the unsubscribe link in our messages. View our Privacy Policy https://www.oovy.com.au/privacy-policy

OOVY Copyright

These designs are protected under Australian copyright law. No part of these designs may be reproduced or transmitted by any means, electronic or mechanical, without the written permission of the Oovy Designer, except where permitted by law. You may not use the materials or designs for commercial purposes.

Oovy designs is copyrighted according to the terms of the Creative Commons non commercial license (http://creativecommons.org/licenses/by-nc/2.5/).
It may not be reproduced, in its part or its entirety, for any use whatsoever. No part of these clothing styles, designs, textiles may be reproduced for sale by any party.

You agree not to:
•copy, distribute, display, and or reproduce any of these designs.
• make derivative works.
• You may not use these designs for commercial purposes.
• Any of these conditions can be waived if you get permission from the copyright holder.


Terms Of Use
You agree that you shall indemnify and defend Oovy and all parties from whom Oovy has licensed portions of designs, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Design.
Designs Protection
Under the TRIPS Agreement, designs must be protected for at least 10 years. Owners of protected designs must be able to prevent the manufacture, sale or importation of articles bearing or embodying a design which is a copy of the protected design.
Undisclosed information and trade secrets
Trade secrets and other types of “undisclosed information” which have commercial value must be protected against breach of confidence and other acts contrary to honest commercial practices. But reasonable steps must have been taken to keep the information secret.


Copyright Materials
Oovy designs contains graphics, photographs, images, artwork, text, fonts, and other information (referred to herein as“designs”). These designs and all Content are the copyrighted property of Oovy, and/or its subsidiaries (referred to herein as “Oovy”) or the copyrighted property of parties from whom Oovy has licensed such property. All rights of these designs and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the designs except as expressly allowed in these Terms of Use. Oovy reserves the right to add to, delete from, or modify any part of Designs at any time without prior notice. Any modifications to designs, whether by You or Oovy remain the property of Oovy and its licensors.
The logo design provided on the designs employ a limited number of elements, including icons, fonts, colour schemes, and design effects. Oovy reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products.
Oovy provides no warranty of any kind that designs created will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the design is legally available for your use and does not infringe the rights of another party.