Online Terms & Conditions
1.1. This GIFTHOMEWARES.COM Shopping site at GIFTHOMEWARES.COM, (a “Site”) is a shopping website where you can browse, select and order products advertised on the Site.
1.2. Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2. Your agreement to the terms and conditions
(a) by completing your registration through the Site; and
(b) using the Site to obtain Products from us.
3.1. You must complete the customer registration process through the Site before placing an Order for Products through the Site.
3.2. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. You may not have more than two accounts per delivery address.
3.3. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
4. Privacy and Commercial Electronic Messages
4.2 At GiftHomewares.com, we love communicating with you about our Products and your use of this Site. This includes sending you great offers and promotions, plus asking you for your valuable feedback, including through our third-party service providers. Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail, app notifications and by advertising on certain websites and social media).
4.3 We only want to send you messages that you are happy to receive, and we try to do our best to make sure our messages are relevant to you. However, we understand that you may want to opt out of some types of marketing and promotional messages that we send you. You can do this by:
(a) For SMSs, emails and samples received by mail:
• logging into your account from this Site, and updating your settings to opt in or out of receiving: marketing and promotional emails, SMS or samples;
• clicking unsubscribe in any marketing or promotional emails that we send you;
• sending “STOP” to the number we provide you on any of our marketing or promotional SMSs; or
(b) For in-app notifications in advertising on certain websites and social media:
Opting out of messages sent by us at GIFTHOMEWARES.COM will not opt you out of receiving messages from other GIFTHOMEWARES.COM brands or programs where you have signed up to them independently to your use of this Site.
If you would like to opt out of receiving messages from other GIFTHOMEWARES.COM Group brands or programs such as loyalty programs, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.
If you wish to update where we send the above communications to you under clause 4.3(a), you can update your contact details by logging into your account from this Site, or by contacting our Customer Service Centre at firstname.lastname@example.org. Please note that if you update your contact details, it may take up to 5 business days before communications we send to you change from your previous contact details to your updated contact details.
If you do not want us to send you any of the above communications, you can terminate your account by contacting our Customer Service Centre at email@example.com. If you terminate your account this section will continue to apply for 5 business days after your notice of termination has been received.
4.4 Opting out of receiving commercial electronic messages from GIFTHOMEWARES.COM will not withdraw your consent to receive messages from other GIFTHOMEWARES.COM brands. Any consent you have provided to receive commercial electronic messages from other GIFTHOMEWARES.COM brands are governed under separate terms and conditions that apply to those other GIFTHOMEWARES.COM brands. If you would like to opt out of other GIFTHOMEWARES.COM brands, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.
5. Placing an Order for Products
5.1. You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
5.2. Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
5.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
5.4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
6. Acceptance or rejection of an Order
6.1. We reserve the right to accept or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Order.
6.2. Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these terms and conditions.
6.3. If we reject an Order placed through the Site, then we will endeavor to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
9. Minimum and maximum amounts in each Order
9.1. Unless otherwise indicated on the Site:
(a) you may only obtain up to 36 items of a particular Product in each Order (there may be lower limits for particular Products or particular States or Territories as determined by us, and notified to you, from time to time). We will inform you of these limits on the Site when you place the Order or within a reasonable time after you submit your Order); and
9.2. You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order.
9.3. If you wish to place an Order that differs from our ordering requirements, then you will need to contact our Customer Service at firstname.lastname@example.org. If we agree to an Order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify you of at the time we accept your Order.
9.4. If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you.
10. Delivery of Products
10.1. We will only deliver Products ordered through the Site to a location where we provide delivery services. You may receive multiple deliveries for your Order and these are described at the point of checkout.
10.3. You may obtain further information on the Site about our delivery timeframes and how we deliver your Products. At the time you select your Products you will be given an option to select a timeframe for delivery. Although we endeavor to deliver the Products within the timeframe provided at the time of your Order these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and GiftHomwares.com will not provide any refund or discount on your Order or Delivery Fee for late deliveries.
10.5. We may deliver your Order using a “contactless delivery service” and will deliver the Products to the front door at the relevant Delivery Address, take a photo of the Products to confirm delivery and knock on your door or otherwise attempt to notify you of your delivery. You must be present at the Delivery Address to accept a “contactless delivery” however you will not be required to provide a signature upon delivery. You agree that we will not be responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of the Products to the Delivery Address.
10.6. You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your Order through the Site.
10.8. We will require the person accepting the delivery of your Order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the Order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
10.9. If there is no one or no appropriate person (for example, above 18 years old for Restricted Products) at the Delivery Address to receive the Order, or you select the “crate to bench” service and are not present at the time of delivery, or otherwise required to be present at the time of delivery and you are not present at that time, or if we cannot access the Delivery Address, or if we cannot access your nominated spot or determine a suitable spot to deliver your Order (for unattended deliveries), then:
(a) we will not deliver the Products you have ordered; and
In this instance, we will endeavor to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
(a) acknowledge and agree that any person at the Delivery Address who receives the Order is authorized by you to receive your Order and, where relevant, make payment for that Order;
10.11. You acknowledge that we may record the details of any identification provided in relation to delivery of Products.
14. Fraud and risk assessment
14.1. We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order.
15. Risk and title
15.1. Where Products are delivered by us, risk in the Products passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address).
Title to the Products passes to you on the later of the date and time of:
(a) payment for those Products;
(b) delivery of those Products to the Delivery Address (including unattended deliveries at the Delivery Address); and
16. Cancelling an Order
16.1. We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Products in that Order are not available; or
(b) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order; or
(c) that Order has been placed in breach of these terms and conditions.
16.2. If we cancel an Order in accordance with:
(a) clause 16.1(a) or 16.1(b) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee, or other fees and charges, will be refunded to your original payment method or through an alternative means.
(b) if your Order is cancelled under clause 16.1(c), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. If your Order is cancelled before the day of delivery or collection, depending on the payment method used, we will either not charge you, or if we have taken payment for the Order at the checkout then we will refund the full amount paid, including any Delivery Fee and other fees and charges, to your original payment method or through an alternative means. If your Order is cancelled on the day of delivery or collection, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of the lesser of $20 or the value of the payments made and will refund you any excess amount to your original payment method or through an alternative means.
16.4. You may cancel an Order (whether it is accepted by us or not) up to the time of dispatch, by contacting our Contact Centre at email@example.com. If the order has not been dispatched, depending on the payment method used, we will either not charge you or if we have take payment at the checkout, or refund you your payment. Any change to or cancellation of order will not appear on our website but will be confirmed in writing (via email) from Customer Service if accepted. If the order has been dispatched, you may return the order under clause 18 of these terms and conditions.
16.6. Subject to clause 16.3 – 16.4, if you cancel an Order, depending on the payment method used, we will either not charge you for that Order, or if we have taken payment at checkout, refund the full payment amount paid, including any Delivery Fee, and other fees and charges other than any fee payable, to your original payment method or through an alternative means.
16.8. If you amend an existing Order, then:
(a) your original Order will be cancelled and items will be placed into your cart for amending and resubmitting through the checkout;
(b) all prices for Products in your amended Order will update to the current website prices at the time you submit your amended Order and previous pricing in your original Order will not apply;
(c) any offers or coupons applied or used when you placed your original Order will not be applied to your amended Order and cannot be used for future Orders;
(d) subject to below clause 16.8(g), if we only pre-authorized payment for your original Order at checkout and the amount payable for your amended Order is more than the amount pre-authorized, your original pre-authorization will remain and we will either charge you the additional amount or separately pre-authorize the additional amount owing at the time of your amended Order depending on the payment method used for the amended Order;
(e) if you were charged for your Order at the checkout and the amount payable in respect of your amended Order is less that the amount you have paid in respect of your original Order, we will refund the difference back to your original payment method or alternative means within 3-5 Business days of the amended Order being placed;
(f) if you were charged for your Order at the checkout and the amount payable in respect of your amended Order is more than the amount paid in respect of your original Order, we will either pre-authorize payment or charge you the additional amount at the time you amend your Order, depending on the payment method used; and
(g) if you amend your Order so that delivery is scheduled to occur 7 days after the date of your original Order and we only pre-authorized payment for your original Order, we may ask to take payment for your amended Order at the time you confirm your amended Order and will provide you with a refund for any out of stock items or weight ranged products supplied below the maximum weight once we pick your amended Order.
17. Fees and charges
17.1. We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(d) the delivery fee provided to you at the time you place your Order or the delivery fee shown on the site and displayed when you place your Order using our Delivery service (“Delivery Fee”);
(e) the cancellation fee for an Order that is cancelled as set out in clause 16.3(b)(ii); and
(f) any other fees and charges set out in these terms and conditions.
17.2. All fees and charges identified in these terms and conditions and all prices for the Products include Taxes where applicable.
17.3. The purchase price of each Product is shown on the product list on the Site at the time you place your Order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our supermarkets for the same Product.
17.6. Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.
17.7. If a Product that you have ordered is not available and we have not provided you with a substitute then:
(a) where we only pre-authorized payment for your Order at the checkout, we will deduct the value of any items not provided from the full amount we charge you at the time we pick your Order; or
(b) where we have taken payment for your Order at the checkout, we will provide you with a refund within 3-5 business days to your original payment method or alternative means to the value of the Products (excluding Delivery Fees) that were not supplied to you. Where your Order was paid for by two or more different payment methods, we will first process your refund onto your nominated debit or credit card up to the value that was paid for by debit or credit card and if the refund amount exceeds the amount paid by debit credit card, we will provide the remainder of the refund to the alternative payment methods used.
18. Payment methods
18.1. You must pay the fees and charges online using the online payment methods in clause 18.2.
18.2. We accept the following credit cards:
(iii) American Express;
18.3. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonor and cancel your Order.
18.4. For some payment methods (including debit and credit cards) we may pre-authorize the amount payable for your Order and only charge you the full amount adjusted to account for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your Order. For other payment methods we may not be able to do this, and may charge you the full amount at the checkout and refund you for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your Order. You authorize GIFTHOMEWARES.COM to pre-authorize and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.
18.5. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
19. Substitution or missing items in delivery
19.1. You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
19.2. We will provide you with a substitute Product:
(a) when the Product you have selected is not available; or
(b) if we are not able to supply to you the Product that you have selected.
We aim to select substitute Products that are of similar value and quality, but we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.
19.3. We endeavor to provide you with a substitute Product for all Products. However, we reserve the right to not provide a substitute Product for certain categories of products as notified to you from time to time or any other products that are specified as such on the Site.
19.4. We will endeavor to provide you with a substitute Product where the price for that substitute Product is of equal or greater value than the Product you selected. If so, then we will charge you the price of the Product you ordered rather than the price of the substitute Product.
19.5. If there are items missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will provide you with a refund to your card of purchase or coupon for the Products that were not supplied.
19.6 In all other circumstances, you may contact Customer Service at firstname.lastname@example.org within 24 hours after the delivery and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, we will provide you with a credit to your relevant card account within 3-5 business days for the Products that were charged but not delivered to you.
20.1. The GIFTHOMEWARES.COM’s Returns Policy applies to all purchases of Products using the Site and forms part of these terms and conditions.
20.2. If you wish to return Product in accordance with our Returns Policy, then you may:
(a) return the Product to:
PO Box 98,
BLAXCELL NSW 2142 AUSTRALIA; or
(b) contact our Customer Service by email to make arrangements to return that Product. Upon confirmation that the goods have been received we will refund your card of purchase with the funds being available within 3-5 business days.
20.3. A copy of the GIFTHOMEWARES.COM Returns Policy is available here.
20.4. The GIFTHOMEWARES.COM’s Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 25 below.
21. Your general obligations
(a) must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
(b) must notify us through Customer Service at email@example.com if you are or become aware that there is or has been an unauthorized use of your LoginID and password or account, or any other security breach relating to your account;
(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(e) are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
(f) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
(g) should check the labels on the Products before use.
22. General restrictions
You must not:
(a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person’s details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent pretenses;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
23. Suspension of account
23.1. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. GIFTHOMEWARES.COM also reserves the right to otherwise cancel Orders in accordance with clause 16.
23.2. If we lock, suspend or delete your account under clause 24.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address is authorized by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.
25.1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
25.2. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or GIFTHOMEWARES.COM’s liabilities under those provisions:
(a) you acknowledge that each Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
(c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realize expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or willful misconduct.
25.3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
26.1. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied;
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
26.2. You may stop using the Site at any time and for any reason.
26.3. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
27. Intellectual property rights
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
27.2. You may:
(a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
27.3. This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
28. Changes to these terms and conditions
28.1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.
28.2. If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
29.1. The Site may contain links to external websites that are not operated by us or our related bodies corporate.
These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
29.2. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
29.3. This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
29.4. GiftHomewares.com attempts to be as accurate as possible and uses its best endeavors to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
Delivery Fee has the meaning given in clause 17.1(b).
Capitalised terms used are defined in these terms and conditions. In these terms:
Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
LoginID means the email address that you provided to us as part of the registration process to use the Site.
Order means any order for a Product or Products submitted using the Site.
Product means each good or service that is advertised on the Site.