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1. These terms and conditions (Terms and Conditions) govern the use of the www.hiphampers.com.au website (Website) and the purchase of any goods and services from or via it. The Website is owned and operated,and the goods and services are offered via it, by Hip Hampers® Pty Ltd (ABN 11 612 696 429) (we, us, our or Hip Hampers®).
2. By using the Website or ordering goods and/or services from us, the user or purchaser (you) agrees to be bound by the terms, conditions, disclaimers and limitations of liability contained in the web pages comprising the Website. You acknowledge that you have read and understood these Terms and Conditions and the relevant Website text.
3. The material on the Website is copyright © 2018 Hip Hampers® Pty Ltd.
GOODS AND SERVICES
Offer of Goods and Services
4. We offer to supply packaged hampers featured on the Website (Hampers) for the advertised price and subject to and in accordance with these Terms and Conditions.
5. For our business customers we also offer to supply branded materials and products (Branded Items) displaying your business trade marks, colours, logos and other brand elements as detailed on the Website in accordance with a written brief provided and approved by you (Brief).
Prices and Payment
6. Prices provided on the Website include delivery.
7. Prices provided on the Website are inclusive of GST.
8. The price of our Hampers and/or Branded Items may change without notice, but any new price will be clearly displayed on our Website.
9. All prices quoted are in Australian dollars.
10. We accept payment via Visa, MasterCard, and American Express through Stripe. If you pay via an international credit card, a transaction fee will be charged by our payment gateway provider in addition to the cost of your order, which we will pass on to you.
12. Payment will need to be confirmed before we can process your order. You should receive an email confirming your order once your payment has been processed. If you don’t, there may have been a problem with processing your order. Please let us know if this happens by emailing firstname.lastname@example.org.
13. Where you place a customised order, or supply a Brief, we will require your approval before processing that order. Once approval is received, any request for alterations will be at our sole discretion.
14. Where you supply us with any literary or artistic works or trade marks for embodiment in Branded Items for an order (Supplied Works), whether via a Brief or otherwise:
(a) you represent that you own the copyright in or are authorised to use the Supplied Works in the way contemplated in these Terms and Conditions; and
(b) you agree to indemnify us against all claims arising out of or in connection with the Supplied Works.
15. Where you or anyone on your behalf provides any Supplied Works, you are responsible to ensure the accuracy of Supplied Works and/or associated information, before supplying them to us.
16. Once we receive the Supplied Works, we will not be liable for any errors contained within, or concerning, them. A request for alterations to the Supplied Works or Branded Items will be at our sole discretion and may incur an additional fee.
17. We currently offer delivery Australia wide (Delivery Area).
18. We may not accept or fulfil an order where the delivery is to occur outside the Delivery Area. We reserve the right to cancel such orders and provide a refund.
19. Our carriers deliver Monday to Friday inclusive from 9am to 5pm local time in the place of delivery.
20. Orders which cannot be delivered at first instance may incur a re-delivery fee. Please provide all the recipient’s contact details during the checkout process to assist in a successful delivery.
21. Goods included in the Hampers may be perishable. Depending on the circumstances applying to your order (such as how remote the delivery address is, how long delivery will take, the likely temperature conditions at the delivery address , etc.), we may replace goods that we consider are particularly vulnerable – see paragraph 24. We are not responsible for the condition of goods which are not promptly and properly dealt with once delivered. Where a Hamper is received other than in good condition, we may, at our absolute discretion, provide you with a credit, replacement or refund for some or all goods in that Hamper.
22. We are not liable for unforeseen circumstances such as theft, loss or damage once your order has been left at the nominated delivery place.
23. Although we may provide an estimated delivery time, we cannot guarantee delivery by any particular time. We are not liable for any loss or damage whatsoever which arises out of or in connection with ordered goods which are not delivered by the estimated delivery time, irrespective of the cause of the non-delivery or late delivery.
Availability of product
24. We reserve the right to substitute items which may be unavailable, out of stock or which we determine may not arrive in good condition. We guarantee that the replacement item will be equal to or of greater value than the product originally advertised.
Days of Operation
25. We do not operate on weekends or public holidays so Hampers cannot be sent on these days.
Warranties, refunds and cancellations
26. In the unfortunate event that the Hamper has been damaged during delivery, please contact us as soon as possible so we can arrange for the Hamper to be returned and replaced.
27. We cannot offer an exchange, credit or refund for non-delivery or late delivery arising out of incorrect information provided by you. Please ensure you have entered the correct information during the checkout/payment process.
28. Where incorrect information is provided, you may incur a re-delivery fee.
29. If you wish to cancel your order, please contact Hip Hampers® immediately at email@example.com or call 1800 008 100. Please note that once payment for any order has been accepted, a cancellation and refund is at our sole discretion.
USE OF OUR WEBSITE
Use of material on website
30. You may not use the Website, or the material contained on it for:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the Internet; and
(e) “framing” the material on the Website with other material on any other website.
31. You may not modify or copy:
(a) the layout of the Website; or
(b) any computer software and code contained in the Website.
32. We reserve all intellectual property rights, including, but not limited to, copyright in material on the Website, Hampers and Branded Items (other than Supplied Works). The material provided on the Website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media,
without our prior written consent.
Links to other websites
33. This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control.
34. In relation to the other sites on the Internet, which are linked to the Website, we:
(a) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
(b) is not responsible for the material contained on those linked sites.
35. We do not warrant, guarantee or make any representation that:
(a) the Website, or the server that makes the site available on the Internet are free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.
36. We are not liable to you for:
(a) errors or omissions in the Website, or linked sites on the Internet;
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
37. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
Limitation of liability
38. The disclaimer at clauses 35, 36 and 37 above may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
(a) If the breach of an implied warranty or condition relates to services:
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again; and
(b) if the breach of an implied warranty or condition relates to goods:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of such goods; or
iii. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
Use of personal information gathered
39. We and any people or legal entities authorised by us may gather and process the personal information:
(a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
40. We may authorise others to offer you goods and services using the information acquired, as described in paragraph 39.
Termination of access
42. We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
Alteration of Terms and Conditions
43. We reserve the right to change these Terms and Conditions:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change
and such change will take effect on and from the date such change is first published on the Website, or such later date as may be specified, or such other date as may be agreed with you.
Intellectual property rights
44. All copyright, trade marks and other intellectual property used by us on the Website or in the Hip Hampers® business (other than Supplied Works) is owned by Hip Hampers® Pty Ltd ABN 11 612 696 429.
45. All logos, icons, brand names or service names that identify the owner and operator of this Website are our property. All other trade marks or on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on the Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other intellectual property rights or legal protections and may result in legal action being taken against you without notice.
46. If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
47. These Terms and Conditions will be governed by and interpreted in accordance with the law of New South Wales, Australia, excluding the rules relating to conflicts of laws.
48. You agree to the jurisdiction of the courts of New South Wales, Australia to determine any dispute arising out of these Terms and Conditions.