(a) Welcome to https://gifts.com.au/ (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

(b) The Website is operated by gifts.com.au Pty Ltd(ACN 655 234 487). Access to and use of the Website, or any of its associated Products or Services, is provided by gifts.com.au Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be
bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately. 

(c) gifts.com.au Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When gifts.com.au Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records. 

gifts.com.au Pty Ltd supports the responsible service of alcohol.

When ordering gifts which contain alcohol, you confirm that you are at least 18 years of age. You also confirm that you are not ordering on behalf or to supply anyone under the age of 18 years.

It is an offense to supply alcohol to minors or purchase alcohol under the age of 18 years.

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by gifts.com.au Pty Ltd in the user interface.

(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
Email address
Preferred username
Mailing address
Telephone number
Password
Other

(b) You warrant that any information you give to gifts.com.au Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

(c) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services. 

(d) You may not use the Purchase Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with gifts.com.au Pty Ltd; or
(ii) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

(b) Payment of the Purchase Price may be made through Stripe, Paypal, Afterpay, ApplePay, GooglePay, ZipPay, Backpocket (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant
legal documentation provided by the Payment Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by gifts.com.au Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and gifts.com.au Pty Ltd may record your purchase details for future use.

(d) gifts.com.au Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 100 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

gifts.com.au Pty Ltd’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of
acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).

You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 12 months from the date of purchase (the ‘Warranty
Period’).

In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to gifts.com.au Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to gifts.com.au Pty Ltd at 596-600 Tarragindi Road, Salisbury, Queensland, 4107 or by email
at [email protected].

You acknowledge that the Purchase Services offered by gifts.com.au Pty Ltd integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).

In providing the Purchase Services, gifts.com.au Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that gifts.com.au Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

In the event that an item is lost or damaged in the course of the Delivery Services, gifts.com.au Pty Ltd asks that you:
contact us by sending an email to [email protected] outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

Regrettably, we are unable to guarantee times of delivery.

Unable to guarantee delivery day when update/or change of address occurs may take additional 1-2days.

Some Hospitals do not allow deliveries directly to the room or ward by the couriers and rely on volunteers to deliver the goods to the patients. We cannot take responsibility for delivery if there are delays getting it to the patient but happy to contact the hospital on your behalf. As soon at it is delivered to the front desk, volunteer station of receiving area (depending on hospital procedure), our system will flag this as delivered but it may mean that it still needs to be delivered to the patient internally via hospital staff and volunteers.

Deliveries on items requiring multiple days for delivery may be delivered earlier than anticipated due to 3rd party courier schedules.

Demand upon our resources during holiday periods is very high and we are unable to offer timed deliveries of any kind during certain periods.

Holiday Delivery requests are all accepted and delivered, but must be ordered by a certain date/time to guarantee delivery for the requested day. If orders are placed before the cut off date/time, orders will be delivered as requested.

Please note that for photographic purposes some gifts baskets may have been featured with additional props, e.g. wine glasses to display wine
Please refer to the list of contents on the product page to review full gift basket contents.

Even though the utmost care is taken to make sure that what you order at giftbasket.com.au If specific product components become temporarily unavailable, other components of greater or equal value may be substituted to facilitate delivery of your order on time. In the case where a specific product is unavailable within the given time frame of delivery, substitutions may be made for products of the same or greater value. Different products may be used if the overall effect of the hamper is maintained. In the event that the substitution constitutes a major departure from the content or style of the advertised product, we will make every effort to reach you by phone and email to seek your approval before proceeding. All substitutions will be made with appropriate products to the same value or greater than the original order.

If you choose to cancel or alter your order once it has been placed we are more than happy to offer a full refund back to your credit card (less a $15.00 administration charge). We are unable to offer a refund on the day of dispatch as the gifts will already be on the way. Any order that has been placed/dispatched and is in transit for delivery and is cancelled, will still be charged the delivery fee.

(a) The Website, the Purchase Services and all of the related products of gifts.com.au Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights
(including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by gifts.com.au Pty Ltd or its contributors.

(b) gifts.com.au Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of gifts.com.au Pty Ltd; or
(ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of gifts.com.au Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. 

gifts.com.au Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to gifts.com.au Pty Ltd’s Privacy Policy, which is available on the Website.

(a) You acknowledge that gifts.com.au Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) gifts.com.au Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website. 

(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 

(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) gifts.com.au Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 

(e) Use of the Website, the Purchase Services, and any of the products of gifts.com.au Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of gifts.com.au Pty Ltd, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of gifts.com.au Pty Ltdincluding any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of gifts.com.au Pty Ltd) referred to on the Website. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the following: 

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. 

(a) gifts.com.au Pty Ltd’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of gifts.com.au Pty Ltd is the resupply of information or Purchase Services to you. 

(b) You expressly understand and agree that gifts.com.au Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 

(c) gifts.com.au Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of gifts.com.au Pty Ltd, by third parties or by any of the Purchase Services offered by gifts.com.au Pty Ltd.

(d) You acknowledge that gifts.com.au Pty Ltd does not provide the Delivery Services to you and you agree that gifts.com.au Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services

(a) You agree to indemnify gifts.com.au Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.

(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iii) The mediation will be held in Brisbane, Australia.

(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:
If 100 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. 

The Purchase Services offered by gifts.com.au Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia. 

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. 

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.