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Terms & Conditions

About These Terms and Conditions

Welcome to the Gifts2Go.com.au web site ("Web Site"). This document contains the Terms and Conditions that govern our use of the Web Site. These Terms and Conditions describe your rights and responsibilities and what you can expect from Gifts2Go.com.au ("Gifts2Go"). Please take a few minutes to review these Terms and Conditions. Your use of the Web Site constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use the Web Site.

Gifts2Go reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. By continuing to use the Web Site, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavor to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.

Legal Capacity to Transact

You must be at least 18 years old to place any orders with Gift2Go. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Gifts2Go suffer any damage or other losses as a result of a transaction entered into by a minor, Gifts2Go reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Gifts2Go.

Placing Your Order

You may place an Order by proceeding through the Checkout online at Gifts2Go.com.au and clicking the "Place Order" button. When you place your Order, we will issue you with an Order Number. We will do this by email to the email address provided to us in the Checkout process. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Gifts2Go website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Gifts2Go will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Gifts2Go and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

Copyright / Trademark Information

This entire Web Site, copy, images, logos, indicia, text & content is copyright 2014 Gifts2Go.com.au. The Gifts2Go trade mark and logo are trademarks of Gifts2Go. All other trademarks are the property of their respective owners, who are not associated with Gifts2Go. Permission to use documents delivered from the Web Site and/or server and related graphics is restricted. The name of Gifts2Go or any of the above trademarks or logos may not be used without Gifts2Go's specific, written prior permission. The information contained on the Web Site is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors.

Submissions

We welcome your comments regarding the Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Gifts2Go shall be and remain the exclusive property of Gifts2Go. Your submission of any such Comments shall constitute an assignment to Gifts2Go of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Gifts2Go will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Communication from Gifts2Go

We reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Our communications will contain a clear link to Unsubscribe. Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.

Product Review Messages

The Gifts2Go message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. Examples of the kinds of conduct or content that are prohibited in messages include:

  • The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or Gifts2Go rule or policy.
  • The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • The impersonation of any person or entity in any part of a message.
  • You are solely responsible for the content of your messages and Gift2Go assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Gifts2Go guests or any third party. Gifts2Go reserves the right to purge the content you provide at any time.

Colours

We have done our best to display as accurately as possible the colours of the products shown on the Web Site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Correction of Errors and Inaccuracies

Whilst Gifts2Go makes every reasonable effort to present accurate information on the Web Site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Web Site is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in Gifts2Go's discretion, be void. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

Limitations on Quantity

Gifts2Go reserves the right to limit quantities (including after you have submitted your order and/or made payment). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund

Payment Methods and Processing

Gifts2Go currently accepts PayPal, Visa, MasterCard & Lay-Buy. Order processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will not begin order processing until the next business day. Business days are Monday through Friday, excluding Victorian Public holidays. We process credit card and PayPal payments after you click the "Place Order" button. For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.

Lay-Buys

Lay-Buy powered by PayPal makes it easy for you to buy your selected products by paying for them via a down payment and up to three monthly instalments.  Simply select the products and checkout as normal, selecting LayBuy as the payment option.  You can select the down payment you can afford to layby and the number of months you need to pay off the product.  All Payments are processed within PayPal’s secure environment.  Payments are automatically setup between you and Gifts2Go with no intervention by either party ever, unless a payment is missed.  If required, you can contact Lay-Buys to move the pending payments earlier or later.  A Lay-Buy Payment can be made and recurring profile setup via your PayPal account or your credit card.

There are 5 simple steps to complete a lay-buy:

1. CHECKOUT - Select PUT IT ON LAY-BUY powered by PayPal payment option at checkout.

2. CHOOSE YOUR PLAN - Payment calculator makes it easy for you to set up your own payment plan.

3. ENTER PAYPAL - Complete down-payment and setup recurring profile in PayPal’s secure environment.

4. SCHEDULED PAYMENTS - Payments are processed by PayPal on the scheduled date you set. Check your order status within your PayPal reporting module. Contact Lay-Buys directly if you want to move your payments earlier or later.

5. RECEIVE MERCHANDISE - Your order will be despatched as soon as your final payment is received.  There are no interest charges and no membership fee.

Gift Vouchers

All deliveries of Gift Vouchers are subject to approval of online payment. Orders for gift cards placed on business days between the hours of 9am - 8pm (Australian EST) are generally processed immediately. Purchases made outside these hours, on weekends or public holidays (except Christmas Day) may take up to 12 hours to process. Gifts2Go will not be responsible for late delivery due to incorrect delivery or payment information submitted by the purchaser.

Upon confirmation of successful payment, a Gift code will be generated and the recipient will receive an email with the Gift Voucher attached.  Upon receipt of this email, it is recommended that the recipient opens up an account.  This will enable easy tracking of purchases on the Gift Voucher and will enable the user to keep any funds not used and to see their credit balance. If an account is not created the balance will not be saved. To check the balance on a gift card, log into your account and click the ‘Gift Card’ in the left navigation bar.  When you wish to use your Gift Card to purchase items, in the Checkout page, choose 'Use Gift Card Credit to Checkout', then the order will be paid by the balance in that account.

Vouchers are non-refundable, not transferable and not redeemable for cash or other vouchers.

Gift cards are valid for a period of 12 months from the date of issue. Gift cards must be redeemed in full within the validity period.  Any unused balance will not be refunded or credited on expiry.  Cash will not be given for any unused balance. 

Gift vouchers are partially redeemable. Within the validity period a Gift Voucher can be used to make any number of separate purchases up to the value of the Gift Voucher.  If the value of purchases is above the value of the Gift Voucher, then a balance payment will be required by PayPal, Visa or MasterCard.

Gift cards are to be treated like cash.  Defaced, mutilated, altered, lost or stolen gift cards will not be replaced, refunded or redeemed.  Gifts2Go does not accept any responsibility for lost or stolen gift cards.

You are liable for all transactions on your gift card except to the extent to which there has been fraud or negligence by us or any of our employees.

We reserve the right to change any terms contained in the Terms of Use at any time. Changes to Terms of Use will be available on the website or call the customer service desk. Contact the customer service desk if you have any reason to believe an error has occurred in relation to your voucher.

GST

Gifts2Go prices include GST.

Title To and Risk in Goods

Title to all goods will pass to you on the later of:

  • Gifts2Go being satisfied of the outcome of any credit, criminal or fraud checks in relation to a customer or their purchase;
  • A complete and accurate order being placed and submitted by you to Gifts2Go; and
  • The successful processing of your payment.

 

You assume all risks of theft or loss of goods occurring during transportation and delivery.

Prices

Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars.  Gifts2Go always seeks to list Products with the most competitive prices. Gifts2Go reserves the right to change prices for Products displayed at Gifts2Go at any time before you place an Order. The price of products shown includes free standard shipping, unless otherwise noted for heavy or bulky items.  Additional shipping options such as Express Post and Same Day delivery will incur an additional cost.  These additional shipping costs are a separate charge which is shown during the checkout process.  You will clearly have the option at checkout whether to select standard shipping or one of our other shipping options.  Costs will be clearly noted for each separate option and will be determined by the post code entry for the delivery address.

Supply of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number, if applicable, for each item.

If you qualify for a free gift this gift must be sent with one of the products on your order.   It is not possible to send the free gift to a separate address if you are using ship to multiple addresses.

Delivery of Your Products

Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here. We encourage you to visit the “Your Account” section on our website to view the delivery status of your Products. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation.   If no-one is available to take delivery of your Products, our carrier (Australia Post) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.   Please Note:  In some remote/regional areas our carriers can only deliver bulky items to the nearest transport depot.  In these instances you will receive notification that your delivery is available for your collection from the transport depot.

Delivery Options

Standard Shipping:

Gifts2Go offers free Standard Shipping on all orders, excluding products with an actual weight or cubic weight greater than 2kg. Items weighing more than 2kgs, or with a cubic weight of more than 2kgs will have a small shipping charge applied.  This is due to varying costs in shipping heavier and bulkier items Australia wide.  In all cases our aim is to keep shipping costs to a minimum. For those products that do not have free shipping due to either their size or weight, this will be clearly stated in the detailed product description.

Standard Shipping uses Australia Post Parcel Post service.  This service covers all of Australia and will deliver your item within 2 or more business days.  For an estimated delivery time please refer to the Australia Post websites, http://auspost.com.au/parcels-mail/delivery-areas.html, http://auspost.com.au/parcels-mail/domestic-delivery-times.html

Other options available are:

Express Post:

Australia Post Express Post Service guarantees next business day delivery (Monday – Friday excluding public holidays) for delivery addresses within the Australia Post Express Post network.   All orders for which payment has been received before 2pm AEST will be posted same day. 

The Express Post network covers 80% of Australian business addresses, private addresses and post office boxes.  If your address is outside this network Australia Post will use the fastest possible transport links, but it will not be covered by their Next Day Guarantee.

To see if you are within the Express Post network please visit the following Australia Post website, http://auspost.com.au/parcels-mail/delivery-areas.html

Signature on Delivery:

You may like to choose this option if your delivery address is within a large office, or if you live in an apartment where your mailbox is at the main entrance to the building.  Signature on delivery will ensure that you sign for the receipt of your parcel.  The additional cost for this service is $2.95.

Same Day Delivery:

Same day delivery can be achieved if your order is received before 10am, Monday to Friday, and the delivery address is within the Melbourne Metropolitan region.  This service is available for delivery to the following post codes:

3000, 3002-3006, 3008, 3011-3013, 3015-3016, 3018-3034, 3036-3068, 3070-3076, 3078-3079, 3081-3085, 3087-3091, 3093-3095, 3099, 3101-3109, 3111, 3113-3116, 3121-3138, 3140-3153, 3155-3156, 3160-3175, 3177-3202, 3204-3207, 3337-3338, 3429, 3752, 3765, 3786, 3802-3806, 3931, 3975, 3977

International Delivery:

There are various options available for delivery outside of Australia.  Please contact us with your delivery address, details of your order, and whether you would like a standard or express service and we will provide you with some options.

Money Back & Consumer Guarantees 

If you are not completely satisfied with your order we will refund your purchase. 

If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:

  • Reject the goods and receive a refund
  • Reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
  • Keep the goods and receive compensation for the drop in value caused by the problem.

 

If you think that a Product is defective you should contact our Customer Service and a Gifts2Go Customer Service Representative will assist you. A photo may be requested to assist with the assessment of your claim. Where a Product is defective and needs to be replaced or repaired, return shipping will be arranged at the expense of Gifts2Go. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.

Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au.

Returning a Product

Returning a product if you change your mind

If you change your mind about a purchase or make an incorrect choice and notify us within 14 days of delivery, we will provide you with a store credit for unopened products after the goods are returned to us. The store credit will be for the product price paid less the return delivery charge.  Risk of loss or damage to the goods will not be assumed by Gifts2Go until the item has been received at our warehouse.  This Gifts2Go Change of mind policy does not apply to earrings or other items if specifically noted as excluded on the product listing or otherwise.    Consumer guarantees (see above) apply to all products including earrings.

Return Authorisation Number

A Return Authorisation (RA) number is required for replacement Products and refunds. Where Customer Service has provisionally determined that a Product is defective, Customer Service will issue you with an RA number. Products cannot be returned without an RA. The Product should be returned to Gifts2Go within 30 calendar days of the issuance of the RA. Where possible, all Products should be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product. If the accessories are not included, only a partial refund will be applied.

Organising the Return of Products

Products must be returned whenever we agree to provide you with a refund or replace the Product. Customer Service will email you a PDF voucher containing an RA which you must affix to the product. Gifts2Go will pay for returned items automatically if you notify us of your claim within 30 days of delivery. You must then take the Product to any Australia Post Office for return.

When a Replacement Product is Arranged

  • A replacement for the same Product that you ordered will be shipped to the delivery address on the original order at our expense after we have received your returned Product.
  • The delivery time for the replacement Product will be the same as stated for the original Product.
  • Consumer Guarantees apply to all replacement products.

 

Your Account - Your Credits

“Your Account” with Gifts2Go has a credit facility. You may only use credits in “Your Account” as detailed here. There are only two (2) types of Credit available for use in “Your Account”.

Coupons

Gifts2Go in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers. Coupons can only be used towards the payment of Products on our website.  Each Coupon can be used only once and only one Coupon per order will be accepted.   Any other Terms and Conditions governing the use of a coupon will accompany that Coupon. Gifts2Go will determine the content of Terms and Conditions governing Coupons in its absolute discretion.

Where a Coupon is used towards the payment of a Product (or Products):

  • There may be an outstanding balance due on the Product; and
  • Where you hold any Refund Credits within “Your Account”, they must then be applied towards any outstanding balance due on the Product.
  • In the event that you have insufficient Refund Credits in “Your Account”, you must thereafter pay any outstanding balance due on the Product by PayPal, Visa or MasterCard.

 

Refunded Credits

We may credit “Your Account” with a Refund Credit from time to time. Gifts2Go will only provide Refund Credits under the Terms and Conditions detailed under "Your Rights to Return a Product". Where “Your Account” holds Refund Credits and you place an Order for a Product or Products:

  • Any (applicable) Coupon that may be in your “Your Account” credit facility will first be applied towards payment of the Product (or Products);
  • In the event that (any applicable) Coupon results in insufficient for full payment of the Product (or Products), your Refund Credits will be automatically applied towards the outstanding balance due on the Product (or Products); and
  • Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in “Your Account”, you retain the future use of any unused Refund Credits to apply towards any future Product payments; or
  • In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), you must pay any remaining outstanding balance due on the Product by PayPal, Visa or MasterCard.

Refunded Credits can be used towards a future purchase(s) or the full amount can be cashed out as a cheque refund.

Your Data - Use and Protection

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing and delivering your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Gifts2Go Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Gifts2Go Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.

Credit Card Fraud

While Gifts2Go employs Secure Sockets Layer (SSL) technology software for its transactions with our customers, Gifts2Go will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Fraud Protection or Prevention Procedures

When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and driver’s license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online fraud.

Indemnification

You agree to indemnify and hold Gifts2Go and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Web Site, any breach by you of these Terms and Conditions and/or any goods purchased by you from Gifts2Go.

Limitation of Liability

In no event shall Gifts2Go or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the maximum extent permitted by applicable laws, Gifts2Go's liability is limited to an amount equal to the purchase price of the relevant good(s).

To the extent permitted by applicable laws, Gifts2Go does not accept any liability for:

  • Any damage or injury of any nature caused by the use or misuse of products purchased from Gifts2Go;
  • Errors, mistakes or inaccuracies on the Web Site; You acting, or failing to act, on any information contained on or referred to on the Web Site and/or any linked website;
  • Any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  • Any interruption or cessation of transmission to or from the Web Site; and/or
  • Any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the Web Site by any third party.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Gifts2Go. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Gifts2Go reserves the right to change the Terms and Conditions of sale at any time. The Terms and Conditions applicable to you are those on our website at the time you order a product. No Gifts2Go employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure

To the extent permitted by law, Gifts2Go is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Gifts2Go, and Gifts2Go shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.