Terms & Conditions
Please read these terms & conditions carefully.
This website is owned by the Unit Trust for Warrior Trading: ABN# 18007439340.
By accessing, browsing or using this website you agree to all terms, conditions and disclaimers.
For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to GIFTXO and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
GIFTXO may amend these terms and conditions from time to time. Any change or amendment is effective immediately and it is your responsibility as the user to check the terms regularly to ensure you are aware of any changes. We will make every effort to notify you of any substantive changes where possible.
LIMITATION AND EXCLUSION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that GIFTXO is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular, Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 GIFTXO’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
PRICING AND TRANSACTIONS
All prices are in Australian dollars and are subject to change without notice. All priced quoted. Unless otherwise stated are inclusive of GST.
The amount payable to GIFTXO consists of:
• the sum of the price of each product or hamper ordered as indicated on the website at the time of submitting the order; and
• the cost of delivery (unless otherwise specified)
You must pay the amount payable by credit card using Stripe or via Paypal at the time of submitting an order. We accept Visa and MasterCard.
In the event that a customer is entitled to a refund the refund will be made to the original credit card or Paypal account. When providing your credit card or debit card for payment you are agreeing and authorising that the card is yours and it must have sufficient funds to cover your charges.
RETURNS AND REFUNDS
GIFTXO will, at all times, comply with its obligations under the Australian Consumer Law.
Any dissatisfaction with the product(s) must be communicated by email to Natalie@giftxo.com.au within 3 days of delivery. To arrange a return, seek a refund, replacement or exchange you must also email us on the email provided. Please include details including your order number and the reason for return. We may also request photographic evidence.
We do not provide refunds for change of mind, so please take your time to read the product descriptions and choose carefully before purchasing.
Cancellation of other orders is at the discretion of GIFTXO. If your order has been given to Australia Post, Sendle or courier service for delivery, it cannot be cancelled. If you wish to cancel an order please contact us via Natalie@giftxo.com.au as soon as possible or within 3 days of delivery and we will do our best to assist you. Please note that reasonable re-stocking fees may apply.
DELIVERY AND SHIPPING
GIFTXO will personally deliver hampers FREE of charge to the Newcastle Council areas on a Tuesday and Lake Macquarie Council areas on a Thursday during school hours. Any local deliveries required outside of these days will incur a flat rate delivery charge of $15.
Any hampers outside of this area will be shipped via Australia Post, Sendle or with a third party of our choice and will be charged a flat rate of $15.
Postage will be calculated at checkout.
GIFTXO accepts no responsibility for any delays associated with Australia Post, Sendle or the third party courier’s actions. In the event that goods are dispatched and the recipient is not available to accept delivery the goods will be returned to the closest collection point and a note will be left notifying the recipient to pick up.
Hampers containing alcohol will not be left unless they are accepted by a recipient over 18 years of age. Authority to leave hampers without alcohol will be considered if it is deemed that there is a suitable place for it to be left and will only be considered on the express authority of the purchaser. Due to the nature of the goods contained in most hampers leaving them unattended is not advised or particularly suitable.
GIFTXO uses reputable third party contract couriers, including Australia Post & Sendle. Whilst every care is taken to ensure accurate and safe delivery, we cannot guarantee unforeseen circumstances, such as damage or delay resulting in a parcel not arriving at a certain time or place.
GIFTXO will communicate with you the customer to assist in resolving any issues that may be a result of a third party failure.
In order to avoid any disappointment, please place your order early to provide us with the best opportunity to deliver your gift by your preferred delivery date.
Please note that we are not able to guarantee delivery on a specific day, but we will make sure to send your gift in plenty of time to arrive on or before a date you may request.
Due to the nature of our products International delivery or delivery to PO Boxes is not available.
We are unable to guarantee delivery times as this can vary upon the couriers delivery schedule.
We do not deliver on Saturday’s, Sunday’s or Public Holidays.
FREE delivery within the Newcastle Council area will only be available on a Tuesday and Lake Macquarie Council area on a Thursday. If you require local delivery outside these days please contact us to make other arrangements. A $15 flat rate will apply.
For Residential addresses, if a courier deems a delivery location unsafe the order will be returned to the dispatch address and redelivery fees will apply.
For business, school and hospital addresses, GIFTXO accepts no responsibility for delivered items that are redirected to the mailroom, front desk or reception.
PURCHASE AND SALE OF ALCOHOL
Packaged Liquor Licence Number LIQP770017564
GIFTXO supports the responsible service of alcohol. All orders are facilitated and processed by GIFTXO ABN 18007439340.
Under the NSW Liquor Act 2007 it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
Hampers containing alcohol must be purchased and received by people of 18 years and over. GIFTXO reserves the right to refuse delivery of a Hamper if they suspect the receiver is under the age of 18 and is not able to provide a legal form of Identification.
By completing the checkout process the purchaser represents that both they and the recipient, are 18 years old or above. The purchaser accepts that it is an offence falsely represent they are of legal age to purchase alcohol and to obtain alcohol on behalf of a person who is under 18 years.
Deliveries containing alcohol cannot be left unattended at premises. If re-delivery is required, there may be an additional re-delivery fee.
Under section 11A (3) Of the Liquor Act 2007 the Authority (Liquor and Gaming NSW) determined a closure period of 6 hours between 4am to 10am for the GIFTXO licence therefore no hampers containing alcohol will be processed within those times.
Hampers containing alcohol must also be delivered so pick up is not available for your purchase.
It is a condition of sale that hampers containing alcohol will not be sold on Good Friday or Christmas Day.
The sale of hampers containing liquor is limited to orders taken by phone, mail order and via the GIFTXO website.
LEGAL CAPACITY TO TRANSACT
If you are under the age of eighteen (18) years you cannot legally purchase alcohol products in Australia or place orders with GIFTXO if the hamper contains alcohol.
By processing your order and accepting these terms and conditions you acknowledge that you are over the age of eighteen (18) years. Upon delivery, you will be required to provide proof of age.
Should GIFTXO suffer any damage or other losses as a result of a transaction entered into by a minor, GIFTXO 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 GIFTXO.
CHANGES AND CANCELLATIONS
Please ensure all details are correct at the time of ordering. An order may be cancelled at any time prior to dispatch but we are unable to cancel if the order has already been processed by Australia Post or a third party courier.
Due to a high demand, some products may need to be substituted to a product or equal or higher value to meet delivery times. We will endeavour to communicate this with you but will make the substitution if it is required to fulfil an order.
PRODUCT VARIATION AND SUBSTITUTIONS
GIFTXO sources many of its products from small Australian businesses that often make and supply in small batches. Due to the handmade nature of most of our products, we may need to substitute something from time to time because it is not available or our creative supplier requires time to make more. We will always make every effort to communicate this with you and give you a choice but in some circumstances, we may need to substitute to fulfil an order and by agreeing to these terms you agree to our choice. In the instance that a product is unavailable GIFTXO reserves the right to replace it with something of equal or greater value.
SHELF LIFE AND PRODUCT STORAGE
GIFTXO makes every effort to source products with a longer shelf life but due to the handmade nature of our gifts, some shelf lives are limited. Please check the best before or use by date on your products before consuming.
Upon delivery, it is the recipient’s responsibility to correctly store products that require refrigeration or consume immediately for the freshest flavour or scent of our personal care products.
ALLERGY AND DIETARY ADVICE
Our products may contain nuts, traces of nuts, gluten, dairy and all manner of ingredients. Please ensure you are aware of any dietary requirements or allergy requirements for your recipient or request an alternative.
GIFTXO does not take any responsibility for items that cause an allergic reaction or are not suitable to the diet of you or your recipient. You must take responsibility to ensure you are aware of the ingredients for each product contained in your hamper.
Discounts may be applied from time to time and will only apply to the product and exclude the delivery charge.
Discounts may not be combined with any other offers, discounts or gift vouchers. Discounts may not be redeemed for cash or transferred.
Customers entitled to a discount must quote, enter or apply a valid discount code prior to the order being paid and finalised. They will not be applied after an order has been finalised. Only one promotion code may be used per order.
LINKS TO OTHER WEBSITES
From time to time GIFTXO may include links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between GIFTXO and the owners of those websites.
GIFTXO takes no responsibility for any of the content found on the linked websites.
GIFTXO’s website may contain information or advertisements provided by third parties for which GIFTXO accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, GIFTXO absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. GIFTXO gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of GIFTXO to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
At GIFTXO we are committed to protecting your privacy and we do not and will not sell or deal in personal or customer information provided by you to us on or via our website for any reason. We may use the information we collect about you to maximize the services that we provide to you.
You may change your details at any time by advising us in writing via email at Natalie@giftxo.com.au All information we receive from our customers is protected by our secure servers. GIFTXO’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data GIFTXO collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
GIFTXO does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
GIFTXO may be required, in certain circumstances, to disclose information in good faith and where GIFTXO is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in a business that creates similar products or services for a fee then you are a competitor of GIFTXO. GIFTXO expressly excludes and does not permit you to use or access our website, to download any documents or photos or information from its website or obtain any such documents or information through a third party. If you breach this term then GIFTXO will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. GIFTXO reserves the right to deny and exclude any person access to our website, services or information at our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
All material on this website is owned, operated and licensed or controlled by GIFTXO including but not limited to images or photos, video or audio clips, text, design and layout, look, appearance, graphics and documents. Such material may not be copied, reproduced, modified, uploaded, transmitted, republished or distributed in any way without the express prior consent of GIFTXO.
GIFTXO expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other forms of electronic retrieval system as it is a violation of GIFTXO’s copyrights, trademarks and proprietary rights and it is prohibited.
These terms and conditions represent the whole agreement between you and GIFTXO concerning your use and access to GIFTXO’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and GIFTXO that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.
GIFTXO is not liable for failure to perform obligations, including but not limited to fulfilment or delivery of an order if such a failure occurs as the result of an act out of our control such as a natural disaster, flood, fire, event or phenomenon beyond GIFTXO’s control.