Terms & Conditions
The Agreement is a contract between the customer ("You")
and Essential Gifts ABN 54 951 868 506.
All orders are processed by Essential Gifts and couriered to your chosen delivery
address.
Persons under 18 years of age are not permitted to place an order on this site
for alcohol.
By signing and submitting this form you agree to be bound by the terms and
conditions of this Agreement.
1. Interpretation:
"
Agreement" means an agreement between You and essentialgifts.com.au to
supply Goods.
The Agreement consists of the Order and these Conditions.
"
Conditions" means these Conditions and any agreed written variations.
"
Delivery Address" means the address to which the Goods are to be delivered
as stated on the Order.
"
Goods" means Goods described in an Order and includes packaging.
"
Intellectual Property Rights" Includes all rights in respect of copyright,
trade marks, patents, designs,
protection of confidential information and circuit layouts, whether arising
under statute or otherwise.
"
Order" means an order by You to purchase Goods from essentialgifts.com.au.
"
Personal Details " includes, but is not limited to Your name, Delivery
Address and payment details.
"
Product List" means the list of Goods displayed on the essentialgifts.com.au
website as amended from time to time.
"
Service Fee" means the fee payable to Essential Gifts in respect of delivery
of the Goods and handling costs associated with processing your Order
as advised by essentialgifts.com.au from time to time.
2. Purchase Orders & Delivery of Goods
2.1 Authorised receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed by
essentialgifts.com.au to be authorised to receive the Goods. essentialgifts.com.au
may request that
the person who receives the Goods at the Delivery Address provide satisfactory
evidence of proof of age.essentialgifts.com.au will refuse to deliver the
Goods if the person
receiving the Goods is unable or unwilling to provide evidence of proof of
age. The Goods will not be delivered to persons under the age of eighteen (18)
years.
3 Risk & Returns
3.1 Risk and Title
Risk and title in the Goods passes to You upon delivery of the Goods to the
Delivery Address.
3.2 Returns or Refunds
If at any time You are not satisfied with the quality of the Goods You have
purchased, You may contact Essential Gifts and a customer service representative
will assess
Your request for a credit or refund of the purchase price.
4. Price of goods & payment
4.1 Price of Goods
The price You shall pay for the Goods shall be the price specified on the Product
List. You also agree to pay the delivery and handling fee (when applicable)
in respect of each
Order.
4.2 Variation
essentialgifts.com.au's prices are subject to variation. The price payable
for the Goods shall be the price applicable on the date the Goods are confirmed
as
ordered.
4.3 Method of payment
(a) Payment upon Placement of Order
You shall pay for the Goods at the time of despatch of your Order.
You may use your credit card (Bankcard, MasterCard, Visa, American Express,
Diners)
Cheques/Money Orders are accepted with mailed orders and will be accepted at
Essential Gifts' descretion.
(b) Corporate Customer Account
You may make an application to set up a corporate customer account with Essential
Gifts. If your application is accepted You will be required
to sign Essential Gifts standard terms and conditions which will include details
in relation to acceptable payment methods.
4.4 Packaging & labelling of goods
essentialgifts.com.au aims to include in the Product List up-to-date pictures
of the Goods. At times, the picture of the Goods on the Product List are for
illustrative
purposes only.
Essential Gifts does not warrant the accuracy of information contained on the
Product List and recommends that You read the label on Goods carefully before
using the Goods.
5. Licence
You are licensed to use the essentialgifts.com.au website on your computer
for Your use in purchasing Goods from essentialgifts.com.au. You acknowledge
that you are
not permitted to make any other use of the essentialgifts.com.au website unless
given prior written authorisation by Essential Gifts.
6. Intellectual Property rights
6.1 You acknowledge that essentialgifts.com.au own or are licensed to use all
Intellectual Property Rights in essentialgifts.com.au (including, but not
limited to, any images,
photographs or text which appears on the website). You agree that You will
make no representation to the contrary, and that You must not use or copy essentialgifts.com.au
in any manner which is inconsistent with the rights of the owner or licensee
of such Intellectual Property Rights.
6.2 You acknowledge that any trade marks or logos which appear on the essentialgifts.com.au website are owned by or licensed to essentialgifts.com.au or itsrelated business, and that You must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
7. Liability
7.1 You acknowledge that essentialgifts.com.au service is provided "AS
IS" and
that Essential Gifts is not making and has not made any warranty or representation
as to essentialgifts.com.au's suitability for any particular purpose.
7.2 You agree that any liability of Essential Gifts arising out of or in connection
with any breach of any express or implied warranty or condition in respect
of
goods or services supplied to You through use of Essential Gifts will be limited
to:
(a) if the condition relates to goods, the replacement of the goods or the
supply of equivalent goods; and
(b) if the condition relates to services, the supplying of the services again
or the payment of the cost of having the
services supplied again.
7.3 You agree that the entire risk arising out of installation, downloading,
use or performance of essentialgifts.com.au remains with You. To the extent
permitted by law, You
release and discharge essentialgifts.com.au and its related corporations from
all forms of direct, special, indirect or consequential loss or damage (including
loss of profits,
loss of data or loss or damage that may reasonably have been supposed to have
been in the contemplation of the partiesas at the date of this Agreement) arising
out of or
in connection with essentialgifts.com.au or this Agreement, including, without
limitation, loss or damage caused by the negligence of essentialgifts.com.au
or its related
corporations.
8. Security
8.1 If you are issued with a password by essentialgifts.com.au You agree to
take responsibility for the safekeeping of your password. You are liable
if an unauthorised person
uses your password. You agree to release and indemnify essentialgifts.com.au
in relation to any liability arising out of the unauthorised use of your password.
9. Notification of changes
9.1 Essential Gifts may add to, delete, or otherwise change any of the terms
of this Agreement. essentialgifts.com.au will notify You of any substantial
changes
to these terms & conditions. Your use of the essentialgifts.com.au service
after notice will constitute your deemed acceptance of such changes.
10. Confidentiality of your information
10.1 essentialgifts.com.au reserves the right to disclose information regarding
essentialgifts.com.au members and use of the essentialgifts.com.au service
to third parties
providing that the information will not specifically identify You or any personal
information supplied by You.
11. Termination
essentialgifts.com.au may terminate this Agreement at any time by delivering
notice or by sending You a system message advising that your shopping privileges
have been
removed. If this occurs, please contact the essentialgifts.com.au team. Termination
of this Agreement shall be effective the day notice is received or such later
date as specified
in the notice.
12. Promotions & Clearances
All specials, promotions, clearances and discounted items advertised on the
essentialgifts.com.au website are available only while stocks last unless
otherwise advertised. No special orders are available on specials, promotions,
clearance & discounted items advertised on the essentialgifts.com.au website.