Terms & Conditions
This website at www.sydneygifthampers.com.au (Site) is a shopping website where you can browse, select, and order products advertised on the Site from Sydney Gift Hampers (registered business name of Andcorp Enterprises Pty. Ltd. ABN [3610329934) (Seller, us, or we).
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.
Your access to and use of the Site, including your order of products through the Site, is subject to these terms and conditions.
1. Pricing (a) All prices listed on the Site are in Australian dollars (AUD). (b) Prices are subject to change without notice. However, the price applicable to your order will be the price that was displayed at the time you confirmed your purchase including the addition of any applicable taxes. (c) Additional delivery charges may apply to your order. These charges will be displayed during the checkout process and included in the total price before you confirm your purchase.
2. Handling of Perishable and Custom-Made Products (a) Products classified as perishable (e.g., fresh food, beverages) or custom-made products (e.g., personalized gift hampers) are non-refundable and cannot be returned for change-of-mind reasons. (b) If a perishable or custom-made product arrives damaged, spoiled, or is incorrect, you must notify us within 24 hours of delivery. Clear photographic evidence of the issue must be provided via email to info@sydneygifthampers.com. (c) We will evaluate the situation and, at our discretion, offer a replacement, store credit, or refund in compliance with the Australian Consumer Law.
3. Delivery Delays and Missed Deliveries (a) We work with third-party delivery services to ensure timely delivery of your orders. However, delivery times are estimates only, and we are not liable for delays caused by third-party carriers. (b) If the recipient is not available at the delivery address provided, the following options apply:
The delivery driver may leave the hamper in a safe place if deemed appropriate.
If redelivery is required, additional shipping fees will apply. (c) Incorrect delivery address details provided by you may result in the following outcomes:
If the hamper is returned to us, you may choose to have it resent to the correct address (with additional shipping and repacking fees applied).
If the hamper contains perishable goods that cannot be reused, you may not be eligible for a refund for those items. (d) If the delivery driver cannot find a safe place to leave the package and the recipient is unavailable, the hamper will be returned to us. You may choose to have it resent (additional shipping and repacking fees will apply), or you may forfeit the hamper depending on the contents and circumstances. (e) In the event of extreme weather conditions, public holidays, or unforeseen disruptions, we reserve the right to reschedule deliveries for a later date. We will notify you as soon as possible if this occurs.
4. Click and Collect (a) Click and collect is available Monday to Friday, between 3pm and 6pm. (b) Orders submitted prior to 10:00am may be collected the same day. Orders submitted after 10:00am may be collected the following day.
5. Gift Vouchers (a) Gift Vouchers may be used at any time and must be redeemed through the Site. (b) If the value of the Product is greater than the value of the Gift Voucher, you will be required to pay the outstanding balance at checkout. (c) If the value of the Product is less than the value of the Gift Voucher, the remaining balance will remain on the Gift Voucher for future use. (d) Gift Vouchers will be sent via email. You are responsible for providing a valid and correct email address. (e) Gift Vouchers are not refundable for cash and are valid for six (6) months from the date of issue.
6. Order Cancellations (a) Orders can only be cancelled if the cancellation request is received before the order has been dispatched. (b) For perishable and custom-made products, cancellations may not be accepted once production has commenced. (c) Any approved cancellations may be subject to an administration fee to cover processing costs.
7. Cancelling an Order (by Us) Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if: the requested Products in that order are not available; or there is an error in the price or the product description posted on the Site or in any other sales platform in relation to the relevant Product in that order; we consider that the postage price selected in the checkout does not match the applicable price for the delivery address; your order weight exceeds our maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible); or that order has been placed in breach of these terms and conditions. If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
8. Cancelling an Order (by You) Orders may not be cancelled once submitted via this Site or via any other method of sale. Should you wish to correct your delivery address or contact details prior to the order being dispatched, please Contact Us and we will endeavour to assist you.
9. Refunds and Returns (a) We comply with the Australian Consumer Law and will provide refunds or replacements for goods that are faulty, damaged, or not as described. (b) Change-of-mind returns are not accepted for perishable or custom-made products. (c) To request a return, you must contact us within 24 hours of receiving the product with details and photos of the issue and proof of purchase. (d) Refunds will be processed using the original payment method and may take up to 7 business days to appear in your account.
10. Privacy Policy (a) Your personal information is collected, stored, and used in accordance with our Privacy Policy, which is available on the Site. (b) By placing an order, you agree that we may store, process, and use your information to fulfill your order and provide customer service. (c) Payments are processed through third-party services, which use secure encryption and fraud prevention systems to protect your data. We do not store or have access to your full payment details.
11. Termination and/or Suspension of Account (a) We may terminate this agreement for convenience at any time on notice to you. (b) Without qualifying the foregoing, we may immediately suspend, terminate, or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act and/or you breach these terms and conditions.
12. Indemnity You agree to indemnify and hold harmless the Seller, its directors, employees, and agents from any claims, liability, damages, or costs whatsoever arising from any breach of these terms and conditions and in connection with the supply of the Products to you.
13. Photography For photography purposes, certain Products have been featured with additional items (e.g., wine glasses to display wine). You acknowledge and agree to refer to the contents on the Product page to review full Product contents.
14. Alcohol If you purchase a Product containing alcohol, you warrant that you are over the age of eighteen (18) years.
15. Warranty and Liability Seller accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. Where we are permitted by law (and subject to clause 15.1): we do not warrant or represent the suitability of the Site or a Product for any purpose; and we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product. 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.
16. Prohibited Conduct You must not: 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; 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; make fraudulent or speculative enquiries, purchases or requests through the Site; use another person’s details without their permission or impersonate another person when using the Site; post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings; tamper with or hinder the operation of the Site; knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site; use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site; modify, adapt, translate or reverse engineer any portion of the Site; remove any copyright, trade mark or other proprietary rights notices contained in or on the Site; reformat or frame any portion of the web pages that are part of the Site; create accounts by automated means or under false or fraudulent pretences; use the Site to violate the security of any computer or other network or engage in illegal conduct; take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure; use the Site other than in accordance with these terms and conditions; or attempt any of the above acts or engage or permit another person to do any of the above acts.
17. Your Obligations You covenant and warrant that: 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; the person receiving the Products at the Delivery Address is authorised by you to do so; you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us; you will ensure that your LoginID and password that is used to access the Site and the details of your account is kept in a safe and secure manner; you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account; you will promptly advise us of any changes to your information provided to us as part of the customer registration process; you are responsible for any costs associated with your access to or use of the Site, including Internet access fees; you are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site; you 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; you will check the labels on the Products before consumption or use; and
18. Changes to these Terms and Conditions If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us. Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
19. Registration You may complete the customer registration process through the Site before placing an order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site.
20. Placing an Order for Products You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions. 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. By placing an order through this Site, you accept these terms and conditions and acknowledge and agree to abide by these terms and conditions. The Seller must receive payment in full for the Products at the time the order is placed by you. Once payment had been made, we will send an electronic order confirmation and arrange for the dispatch of the Product. 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. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
21. Disclaimer The information contained in this Site is provided in good faith on an “as is” basis. The Seller does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, Seller is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.
22. Intellectual Property You: 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 Material) are owned by or licensed to us; 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 must not frame or embed in another website any of the material appearing on this Site without our prior written consent. You may: store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and 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. This Site, the Products and any ancillary materials or documents owned or used by Seller in connection with the sale of the Products and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Seller. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
23. Liability (a) To the fullest extent permitted by law, we are not liable for any loss or damage arising from your use of the Site or from any delays or disruptions in delivery. (b) Nothing in these terms excludes or limits your rights under the Australian Consumer Law.
24. Governing Law These terms and conditions are governed by the laws of New South Wales, Australia. By accessing or using the Site, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
If you have any questions about these Terms & Conditions, please contact us at info@sydneygifthampers.com.