Terms and Conditions
1. This website is operated by Hampers Plus Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Hampers Plus Pty Ltd.
2. The terms and conditions set out below apply to all sales made by Hampers Plus Pty Ltd, to you, the customers.
3. The customer is said to have accepted and is bound by these terms and conditions if the customer places an order or accepts a delivery of goods.
4. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service
5. If you do not agree to all the terms and conditions of this agreement, then you should not proceed to access the website or use any services.
6. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 – Online terms
7. Hampers Plus Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
8. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
9. A breach or violation of any of the Terms will result in an immediate termination of our Services.
SECTION 2 – Orders, pricing and payment
ORDERS
10. All orders are placed online are payable in full, including all applicable transport costs, prior to acceptance of the order.
11. Prices for our products are subject to change without notice
12. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
13. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store
14. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
15. Any quotes provided are valid for 30 days from the quote date.
PAYMENT
16. Payments are accepted via our website through third party payment gateways and limited to the options listed at checkout.
17. We do not charge any surcharge for the use of Visa, Mastercard, American Express, Paypal or Afterpay.
18. Hampers Plus is not responsible for any delays in payments being cleared by the payment clearing house, however will make enquiries on the customers behalf, where possible, to rectify any issues.
19. All prices advertised on our website are in Australian Dollars (AUD) and are inclusive of goods and services (GST).
20. Note, some hampers that contain GST-Free food items are taxed at an apportioned GST rate as per paragraph 75 of "Goods and services tax: Apportioning the consideration for a supply that includes taxable and non-taxable parts"
21. All payments are settled in AUD and any merchant fees for foreign conversation charged are payable by the customer.
22. Any orders originating from outside Australia require funds to be cleared prior to orders being shipped.
23. By confirming your purchase, you are confirming your agreement to all of these Terms.
SUPPLY OF HAMPERS CONTAINING LIQUOR
24 It is against the law for Hampers Plus or you to sell or supply liquor to, or obtain liquor on behalf of, a person under the age of 18 years under Liquor Act 2007 and the Liquor Regulation 2018
25. It is against the law for Hampers Plus or you to sell or supply liquor to, or obtain liquor on behalf of, a person under the age of 18 years.
26. In placing the order with Hampers Plus for a gift hamper that contains alcohol, you warrant to Hampers Plus that:
a. you are over the age of 18 years
b. any person that you are obtaining the Goods for, or supply the Goods to, is over the age of 18 years,
c. you will not take or supply any part of your order to any liquor-restricted area or community,
d. the hamper can only be delivered to another adult who is not the purchaser
e. the hamper cannot be delivered to a person at the location where the gift was purchased
f. gifts must be delivered between the hours of 7am to 7pm
Anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by Hampers Plus to be authorised to receive the Goods. If the Order includes liquor or other products where there is a minimum age required to purchase, you must ensure that a person over the age of 18 years is available to accept these Goods.
SECTION 3 – Transport and delivery
27. Transport costs are not included in the price of the products listed on the website.
28. The transport costs are charged at checkout for the requested service, (i.e. standard or express delivery). If you request that goods are delivered via a specific method, additional costs are payable by you.
29. The transport charge is subject to our carriers charges and is calculated based on various factors including number of parcels, size of parcel, weight and final destination.
30. Any free shipping promotion is for standard delivery to metropolitan areas that are serviced by our transport company.
31. Any additional costs payable arising for non-standard deliveries such as express shipping, regional deliveries, post office boxes or any other non-standard method, are payable by the customer.
32. If the transport company is unable to successfully deliver the goods due to the fault of the customer, then the customer will be solely responsible for any applicable re-delivery fees.
33. We bare no responsibility for goods left unattended at your nominated delivery address that are lost, damaged or stolen. No refunds will be provided for goods or transport costs.
34. Any products that are exported may incur additional fees and taxes by the destination authorities are the responsibility of the customer.
35. Standard delivery time can take 1-5 business days after dispatch depending on location. The delivery time quoted at checkout is a standard time from pickup.
Please see out shipping page for further information https://www.hampersplus.com.au/pages/shipping-and-delivery
SECTION 4 – Goods and Returns
36. Goods cannot be returned unless we are required by law to do so. If we agree to a return, there may be a restocking and handling fee payable in addition to costs to return the parcel
37. Goods that are packed and not dispatched will incur the restocking fee
38. Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
39. Additional non-returnable items include Gift cards and some health and personal care items
40. If we agree to a return, as required by law, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
41. You must notify us within 14 days to begin the returns process.
42. Goods made to special order, i.e. indent or custom products cannot be returned or credited unless we are required by law to do so.
43. If a return is accepted, the customer is liable for a return fee of 50% as returned items are disposed of due to health and safety reasons.
44. The customer is liable for the cost of returning the goods to Hampers Plus. Any transport fees are deducted from the refund amount.
45. You must obtain a return authorisation prior to returning the goods
46. Refunds will be issued after the goods have been returned and inspected.
47. Transport costs incurred as part of the original order are non-refundable.
48. Due to the nature of the good contained within the hampers, slight differences may occur in the hamper delivered. (e.g. colour variance in basket, clothing, packaging). Hampers Plus is no obliged to notify of changes made by suppliers to packaging.
49. We reserve the right to substitute products, of equivalent brand and value, in the event that the original product is unavailable. We will notify you where possible about the substitution and provide you with all available options.
50. Goods are dispatched as soon as possible after order confirmation and cleared payment, subject to customer requests and stock availability.
SECTION 5 – Privacy and personal information
51. Hampers Plus operates in accordance to the Privacy Act 1988.
52. When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address
53. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
54. When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only
55. The information held by Hampers Plus will never be used for any purposes other than to maintain direct communication with you about your account and promotional offers.
56. Hampers Plus will not sell, distribute or share any of the personal data you provide with any other party. The personal data you provide is stored securely and is used only for the purposes to answer queries, process orders or help maintain the account
57. Our online direct payment gateway is prcessed via Shopify Stores who stores your credit card data and is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted
58. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover
59. Hampers Plus does not personally store or have access to your payment details.
60. If you wish to edit or remove any information on your account, please contact us directly at sales@hampersplus.com.au
SECTION 6 – Product Reviews
61. The Website may allow you to provide personal comments on selected products. In doing so:
• your comments must reflect your genuinely held opinion of the product;
• your comments must not be obscene, abusive, illegal, threatening, defamatory, objectionable, invasive of privacy, injurious to third parties or be misleading as to the origin of the content;
• your comments must not infringe the intellectual property rights of a third party;
• you must not use a false email address or impersonate any person or entity; and
• you acknowledge that we may remove or edit your comments.
If you provide comment on a product, you grant Hampers Plus and relevant third parties the right to use and display your comments for any purpose in relation to the product throughout the world.
SECTION 7 – Miscellaneous
62 Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the products and service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
63. Inactive accounts – If an account has had no transactions for 2 years it is considered to be inactive and may be removed from out database. We will attempt to contact you prior to deleting the account
64. Hampers Plus reserves the right of refusal to supply goods to anyone for whatever reason.
65. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 8 – Disclaimer of warranties; Limitation of liability
66. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free
67. You agree to indemnify, defend and hold harmless Hampers Plus and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
68. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions
69. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
70. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
71. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.