Gifts Made Easy
Terms and Conditions

Privacy | Membership | Product Information | Delivery | Returns and Exchanges |  Promotions and Competitions | Suppliers | Release and Indemnity

Introduction

These Terms and Conditions govern the use of giftsmadeeasy.com.au ("the website") and the purchase of any goods from it. The website is owned and operated by Gifts Made Easy.

If you need more assistance you can always contact our Customer Service team on 1800 082 277 or email info@giftsmadeeasy.com.au.

Acknowledgment and acceptance of Terms and Conditions

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Gifts Made Easy reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Limitation of Liability

Any liability of Gifts Made Easy or Gifts Made Easy's Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Gifts Made Easy be limited to:

1. in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Disclaimer

The information contained on the website is provided by Gifts Made Easy in good faith. To the best of Gifts Made Easy's knowledge, the information is accurate and current. However, Gifts Made Easy and its related bodies corporate, any of their directors, officers, employees, consultants, affiliates or shareholders ("Gifts Made Easy's Associates") do not make any representation or warranty as to the accuracy or completeness of the information.

To the fullest extent permitted by applicable law, Gifts Made Easy disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Gifts Made Easy makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

You expressly acknowledge and agree that Gifts Made Easy does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Gifts Made Easy is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Gifts Made Easy will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Copyright

Copyright in the giftsmadeeasy.com.au website is property of Gifts Made Easy. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Gifts Made Easy and third parties. This property may only be used for the purposes of browsing the giftsmadeeasy.com.au website and acquiring goods and services of giftsmadeeasy.com.au.

Applicable Law

These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.

Information Provided by You

If you purchase goods and services from giftsmadeeasy.com.au or create a membership account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Gifts Made Easy with current, complete and accurate customer information when asked to do so by the website or an employee of Gifts Made Easy.

Virus Warning

All care is taken to ensure that giftsmadeeasy.com.au websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

Privacy

We treat all customer information in accordance with our Privacy Policy.

Our Privacy Policy constitutes part of these Terms and Conditions:

Privacy Policy

At Gifts Made Easy, we would like to assure you that we take your information and privacy very seriously. The following is a description of what we do and don't do with your details.

Information you provide us

For Gifts Made Easy to process your order, we need information such as your name, email or contact number, delivery address and payment details. Other information will also be collected with your permission from time to time. This will normally include preferences such as likes or dislikes.

Outside of information that you enter on the web site, we also receive and store certain types of information when you interact with giftsmadeeasy.com.au, this is provided through the use of Cookies.

What are Cookies?

• Cookies are alphanumeric identifiers that are placed on your computer's hard drive through your web browser.
• Cookies enable our systems to recognise your browser and welcome you back to the Store.
• By disabling cookies, you will not be able to participate in some of the features offered by giftsmadeeasy.com.au
• Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. As there are many browsers in the marketplace, the easiest way to change your settings is by searching for Cookies in your Help/Contents and Index option on your browser.
• We recommend that you leave your Cookies enabled otherwise, you will not be able to shop with us.
• Our cookies don't send us back any information about your computer or any other information on your hard drive.

How do we use the information?

Information that you have provided us will be used in three ways:
 

• To enhance your shopping experience
• To communicate to you new products and services and also at times, the opportunity to up take on special promotions or offers. You have the option to opt-out of this communication by replying to the communication with an unsubscribe message.
• To generate a holistic but anonymous view of the giftsmadeeasy.com.au customer base. This information will allow us to analyse trends and demographics to help giftsmadeeasy.com.au improve on the services provided.
• It is important to note that we only send periodical communications to people who have "opted in" to receive it. We do not set out to "spam" our customers in any way and honour their right to privacy.

Disclosing Your Information

• Partners
  Third party companies and individuals have been engaged to perform functions on behalf of Gifts Made Easy. Functions such as fulfilling and delivery of purchases, credit card payment authorisation, trend analysis, marketing and promotions, but all information will only be used to perform their appropriate functions and not for other usage.
• Authorities
  Gifts Made Easy will pass on any information relating to suspected fraudulent activity to appropriate authorities
• Partner Stores
  With organizations that we operate but do not own, your information will be shared with that business. Please note, that we only go into partnerships with stores who have the same regard to Privacy as we do.
• Industry Groups
  From time to time we provide statistical information about sales, trading patterns and navigation techniques to reputable third parties. This may comprise data collected about you and other users to form aggregate results. However, we will not provide any direct personal information that identifies you as our customer.
• Verification of Members
  We do use various details to verify information given to us by our members. At times, we use:
   
  • names on member accounts to compare with information on credit cards
  • we use member phone numbers and email addresses provided to us to communicate with customers about payments
  • we use member addresses to check against credit card billing addresses etc .
  • in cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities
  • Many of these checks are done manually and communication is handled carefully by a member of Gifts Made Easy's own Customer Experience team.

Information Security

• All information submitted to giftsmadeeasy.com.au is secured using Secure Sockets Layer (SSL) software.
• Information sitting on the giftsmadeeasy.com.au website is protected by state-of-the-art encryption and firewall technology

Accessing Your Information

• Personal information provided by you can be changed by you if information provided is incorrect or out of date.

If you need more assistance you can always contact us on 1800 082 277 or email info@giftsmadeeasy.com.au.

Children's Privacy

It is important that any information provided or purchases made by children have the consent of parents or guardians.

Membership

Customer Loyalty Club - Benefits*

• Discounts on Purchases - you will receive discounts of 7.5% off all gift hampers in our regular product range when you quote your Customer Loyalty Club membership number and your order details match the details in our Customer Loyalty Club data base.  (Excludes delivery costs where applicable and items which have already been discounted.)
• Gift Reminder - receive emails to remind you of special occasions.
• Customer Loyalty Club Newsletter - the latest news and gift ideas from Gifts Made Easy.

*Benefits are subject to change without notice.

Please note: You MUST identify yourself as a Customer Loyalty Club member and/or quote your membership number at the time of ordering to obtain your 7.5% discount.

Product Information

Prices of goods and services and delivery and other charges displayed on the giftsmadeeasy.com.au website are current at the time of display. These prices are subject to variation without notice.

We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

Placing and Accepting Orders

Orders will not be despatched until payment in full has been received and giftsmadeeasy.com.au is satisfied with the integrity of the order.

Without limiting the operation of any other Terms and Conditions herein, giftsmadeeasy.com.au is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Cancellation by Us

We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

Cancellation by You

If you need to cancel an order, please contact us immediately on 1800 092 277 or +61 418 328 531 Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

Delivery

Hampers are despatched and delivered on business days only.  (Monday - Friday except for public holidays.)

It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.

We will provide you with an estimated date for delivery of all parcels (as per our delivery information page). While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with courier partners who we believe will always do their best to deliver products by the estimated delivery date.  When a redelivery is required a redelivery fee of $10.00 will be charged.  Goods can only be left where there is a safe place to do so.  We recommend that you enter a delivery address where someone will be available between the hours of 9am and 5pm for businesses and up to 7.30pm for home addresses on the delivery day.

It is the responsibility of the customer to inform giftsmadeeasy.com.au if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.

As a guide only, our couriers attempt to deliver to business addresses between 9am and 5pm, and to home addresses up until 7.30pm. Unfortunately, we are unable give a guaranteed time of delivery.

You may select the "Signature Required" option when placing an order with us. By doing so, you agree that we have satisfied the condition where a signature has been received from the recipient, appropriate agent or proxy recipient of the order (chosen at the courier partner's discretion). This includes, but is not limited to, a hotel or office receptionist signing on receipt of delivery at the specified address. You agree that in doing so we have delivered the order within the terms of the agreement between you and us.

If you do not select the "Signature Required" option, you agree that when our courier partner is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the agreement between you and us.

Flowers may be delivered to the supplied delivery address up until 7.30pm. If the incorrect delivery address is supplied or if there is no safe place to leave the flowers when no-one is home, they will be returned to the florist and we will contact you to arrange re-delivery.

Re-delivery on the same day as the original delivery date will incur an additional fee of $10.00. Redelivery on a subsequent date will also incur a charge, calculated according to the delivery address and order details. To avoid these costs, please carefully consider the delivery address you enter.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Returns and Exchanges

You or the recipient of an order may return an item that has been purchased from giftsmadeeasy.com.au because you have changed your mind or are unhappy with a gift.

However, please note, this excludes the following items:

• CDs
• Perishable Goods (including all food items)
• Underwear
• Cosmetics (including hair products)
• Sale Items

If you return goods via an Australia Post Office, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item.

It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit.

Except where required by law, all returned products must be:

1. Unused, unopened and in original condition
2. Undamaged
3. Returned within 30 days of delivery
4. In a saleable condition upon return

In the event of a return by you or the recipient of a gift, we will exchange or refund in the form of a Gifts Made Easy Gift Voucher. However, you will pay the delivery costs of the return to giftsmadeeasy.com.au and re-delivery to you. We will not refund initial delivery, wrapping and other fees.

Goods purchased between 20 November and 25 December can be returned until 31 January of the following year.

Goods Damaged or Faulty on Delivery

Except where required by law, you must return damaged goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.

In the event that you receive a defective or damaged product, we will refund the original product price, delivery, wrapping and other fees via the original method of payment. Alternatively, if you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return, at our cost.

Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to giftsmadeeasy.com.au.

Promotions and Competitions

Other Terms and Conditions not listed herein and applying to giftsmadeeasy.com.au promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

Suppliers

If you enter into a transaction through Gifts Made Easy to purchase services or vouchers for those services supplied directly by a third party, Gifts Made Easy is not responsible for the provision of those services or for any misunderstanding between you and the supplier.

In all arrangements involving the direct provision of services by third parties, Gifts Made Easy accepts no liability of any kind in connection with or arising from such an arrangement.

Release and Indemnity

You agree to waive any and all claims that you now have or may have in the future against Gifts Made Easy and Gifts Made Easy's Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold Gifts Made Easy harmless from and against any and all claims, loss or expense that may be incurred by Gifts Made Easy or Gifts Made Easy's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Gifts Made Easy and Gifts Made Easy's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

Order Online at www.giftsmadeeasy.com.au or call 1800 082 277