Terms and Conditions
1. Definitions
1.1. For the purposes of this agreement, the following definitions apply:
1.1.1. “Vagababy” is operated under JUGA Cuaca Ventures Pty.
1.1.2. “Customer” denotes all individuals whose names are listed on the Lease Agreement.
1.1.3. “Products” encompassbaby items leased by the Customer from Vagababy, as detailed in the Lease Agreement.
1.1.4. “Delivery” signifies the moment when the Customer takes possession of the Products at the specified address in the Lease Agreement.
1.1.5. “Lease Agreement” comprises these terms and conditions, completed online order forms, and any other associated documents or quotations presented to and accepted by the Customer, either physically or electronically.
1.1.6. “Leasing Period” spans from the date of Product delivery to the Customer until the date of their return to Vagababy.
2. Leasing of Products
2.1. The Customer's provision of personal information during website browsing or online booking is subject to Vagababy’s Privacy Policy, available on the website and to be read in conjunction with these terms.
2.2. All electronic communications from Vagababy adhere to the regulations stipulated in the Indonesian Electronic Information and Transactions Law (Undang-Undang Informasi dan Transaksi Elektronik), ensuring compliance with the legal framework governing electronic transactions in Indonesia.
3. Delivery of Products
3.1. Vagababy undertakes to deliver the Products to the Customer at the agreed-upon date, time, and address specified in writing.
3.2. Unless damage is recorded in writing and signed by both parties within 48 hours of Product Delivery, the Products are deemed to be delivered in good order and repair (excluding fair wear and tear).
3.3. Vagababy bears no responsibility or liability for Delivery delays caused by unforeseen events beyond its control, such as acts of God, war, fire, pandemic, or other force majeure events.
4. Use of Products
4.1. Vagababy grants the Customer the right to use the Products for the Leasing Period. Usage beyond Indonesian borders requires prior written authorization from Vagababy.
4.2. The Customer may not sell or sublet the Products to third parties.
4.3. The Customer must ensure the safety and security of the Products while in their possession.
4.4. Ownership of the Products remains with Vagababy; the Customer does not acquire ownership at any point.
5. Return of Products
5.1. Vagababy is responsible for picking up the Products, which may incur an administrative fee for collection.
5.2. Failure to return Products on the agreed date allows Vagababy to retake possession, with the Customer responsible for all associated recovery costs.
6. Quotations, Lease Rates, and Charges
6.1. Quotations are valid only upon acceptance by the Customer, either physically or electronically.
6.2. The quotation includes the leasing rate and a non-refundable damage deposit.
6.3. Loss or theft of Products obliges the Customer to pay the replacement value.
7. Leasing Requirements and Payment
7.1. The Customer must provide full names, residential address, telephone number, email address, a copy of ID, and proof of residential address.
7.2. Payment is due upon invoice presentation and before product collection, made into Vagababy’s nominated bank account in the nominated currency.
7.3. The Customer may not deduct or withhold any amounts owed under this agreement.
7.4. Third-party costs (transport, courier) are the Customer’s responsibility unless agreed otherwise in writing. Certain locations such as Kuta, Lombok, incur no further transportation costs.
7.5. A director’s certificate serves as prima facie proof of the amount owed by the Customer.
8. Procedure in the Event of an Incident (Damage/Theft/Loss)
8.1. Damage incidents must be reported to Vagababy within 24 hours, with a detailed report and photographs sent within 48 hours.
8.2. For non-replacement damage, the Customer pays an excess (20% of replacement value) over the damage deposit. Replacement due to negligence incurs full replacement costs.
8.3. Theft or loss must be reported immediately to Vagababy and the nearest police station within 24 hours. The Customer is liable for the replacement value, irrespective of fault or negligence.
8.4. Customer-obtained insurance covering such incidents is the Customer’s responsibility.
9. Termination and/or Cancellation
9.1. In the event of a Customer breach, Vagababy reserves the right, without prejudice to other legal rights, to cancel this agreement and demand immediate Product return.
9.2. Customer-initiated cancellations require written notice. Vagababy may charge a reasonable cancellation penalty, determined at its sole discretion.
9.3. Refunds for confirmed bookings are as follows:
- 100% Refund: 1 calendar month or more prior to the start of the reservation.
- 50% Refund: 30 – 15 days prior to the start of the reservation.
- 25% Refund: 14 – 7 days prior to the start of the reservation.
- 0% Refund: 7 days prior to the start of the reservation.
- A service fee of IDR 150 will be charged.
9.4. Refunds for insurance, collection/delivery, and possible setup/breakdown are fully refunded regardless of the cancellation timeframe.
10. Indemnity & Warranties
10.1. The Customer waives claims against Vagababy or its directors for any loss, damage, injury, or death, even if arising from Vagababy's negligence.
10.2. Vagababy and its directors are indemnified by the Customer against any claims for damage or loss arising from the Products' leasing.
10.3. The Customer is responsible for ensuring the Products' fitness for their intended use; Vagababy provides no warranties except that the Products are in good, safe, and working condition.
10.4. The Customer indemnifies Vagababy against any harm resulting from a third party's failure to comply with the Protection of Personal Information Act 4 of 2013.
10.5. The Customer must notify Vagababy within 7 days of any change in residential address and contact details.
11. General
11.1. The Customer hereby designates the address specified in the Lease Agreement as their domicilium citandi et executandi, serving as the formal location for the receipt of legal notices and documents related to this agreement, in accordance with applicable legal requirements.
11.2. If legal action is initiated by Vagababy, the Customer is liable for all legal costs incurred on an attorney-client scale, including collection commission.
11.3. The Lease Agreement constitutes the entire agreement, and neither party is bound by any undertakings, representations, warranties, promises, or the like not recorded in the Lease Agreement.